HomeMy WebLinkAboutJuly 10, 2001 TENTATIVE AGENDA
REGULAR SESSION
CITY OF SHAKOPEE
SHAKOPEE, MINNESOTA JULY 10, 2001
LOCATION: 129 Holmes Street South
Mayor Jon Brekke presiding
11 Roll Call at 7:00 p.m.
21 Pledge of Allegiance
31 Approval of Agenda
4] Mayor's Report
51 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 (Limited to five minutes
per person/subject. Longer presentations must be scheduled through the City Clerk. As this
meeting is cablecast, speakers must approach the microphone at the podium for the benefit of
viewers and other attendees.)
*71 Approval of Minutes: May 15, 2001
*8] Approval of Bills in the Amount of $948,478.43 plus $138,712.59 for refunds, returns and
pass through for a total of $1,087,191.02
91 Public hearing on proposed vacation of a portion of an easement within Lot 4, Block 2, Minnesota
Valley 2nd Addition —Res. No. 5549
101 Communications
11] Liaison Reports from Council Members
12] Recess for Economic Development Authority Meeting
13] Re- convene
14] Recommendations from Boards and Commissions:
A] Text Amendment to City Code Regarding Multiple- Family Residential (R -3) Zone
*B] Rezoning from AG to R -1B for property located north of Valley View Road, east of Pheasant
Run and west of CSAH 83 requested by Tollefson Development — Ord. No. 602
C] Rezoning from AG to R2 for property located north of 17 Avenue extended, east of
CSAH 17 and west of CSAH 83 requested by Tollefson Development
TENTATIVE AGENDA
July 10, 2001
Page —2-
15] General Business
A] Police and Fire
* 1. Safe and Sober Grant — Res. No. 5556
B] Parks and Recreation
1. Discussion on Park Land Purchase South of O'Dowd Lake
C] Community Development
1. Final Plat for Southbridge Crossings 2 located north of Southbridge Parkway and
west of CR 18 — Res. No. 5550
2. Final Plat for Brittany Village 4 located south of Hwy. 169, east of Brittany Court
and north of Dublin Lane — Res. No. 5551
*3. Set Hearing Date for Vacation of 4 Avenue Between Cass and Webster Sts — Res-5555
*4. Final Plat for Savannah Oaks at Southbridge 4 located south of Hwy 169 and
north of Dean Lake — Res. No. 5553
5. Prairie Village 6 Addition Final Plat Grading Plan
6. Extension of Final Plat Approval for Stonebrooke 4 Addition
*7. Extension Agreement with WSB, Inc. for EAW for Tollefson Development Inc_
D] Public Works and Engineering
1. Request for the Installation of a Second Driveway
2. Concept T.H. 169 Corridor Plan
*3. Purchase of Box, Flatbed, Hooklift and Plow for Single Axle Dump Truck
*4. Purchase of Snow Blower for Front -end Loader
s•
2-boo ft8co o c'Cton! • Fa2cen�b5ttep �14/Yb /�
E] Personnel '
*1. Accept Resignation of Scott Smith, Project Engineer
F] General Administration
* 1. 2002 Assessing Contract
*2. Derby Days Street/Parking Lot Closings
*3. Second Avenue Fire Parking Restrictions
4. Approve -Plans and Specifications for Reroofing City Hall and Public Services Building
5. City Administrator Annual Evaluation
6. Small Cities Development Program — Res. No. 5557
*7. Resolution of Appreciation to Jerry Poole — Res. No. 5558
*8. Scott County Recycling Program Agreement
-%'l - xw vs Csvts 100N *'C/ oN
16] Council Concerns
17] Other Business
18] Adjourn to Tuesday, July 24, 2001
flu 0112M / _ 0191M
.
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Special Meeting July 10, 2001
1. Roll Call at 7:00 p.m.
2. Approval of the Agenda
3. Approval of Consent Business - (All items noted by an are anticipated to be routine.
After a discussion by the President, there will be an opportunity for members of the EDA
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.)
A.) Approval of Minutes: h ` °.�� , aO(D I
4. Financial
A.) 4 Approval of Bills
5. Small Cities Development Program
A.) Activity update from Carver County HRA
Resolution 5557, A Resolution Authorizing Expansion of the Target Area and
Extension of Grant Period for the Small Cities Development Program will be on
the City Council agenda.
6. Other Business:
7. Adj ourn
edagenda.doc
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1 1 f' I WAX C
• t ' 11
May 1, 11
Members Present: Vice- President Amundson, Sweeney, Link, Brekke
Members Absent: Morke
Staff Present: Mark McNeill, City Administrator, Bruce Loney, Public Works Director; Judith S.
Cox, City Clerk; R. Michael Leek, Community Development Director; Jim Thomson,
City Attorney; Gregg Voxland, Finance Director; Tracy Coenen, Management
Assistant; Paul Snook, Economic Development Coordinator.
I. !toll Call
Vice - President Amundson called the meeting of the Economic Development Authority to
order at 7:38 p.m. Roll call was taken as noted above.
Approval of Agenda
Link/Sweeney moved to approve the agenda as presented. Motion carried unanimously.
111. Approval of the Consent Agenda:
Sweeney/Link moved to approve the Consent Agenda as presented. Motion carried
unanimously.
A.] Approval of the minutes for March 6, 2001.
Sweeney/Link moved to approve the March 6, 2001 meeting minutes.
Financial:
A. Approval of the bills:
There were no bills for the EDA for the period of 4/2/2001 to 5/01/2001.
V. Small Cities Development Program
A. Appeal by Barb Breuer and David Buckhalton
Mr. Snook gave a staff report on the appeal of Barb Breuer and David Buckhalton.
Barb Breuer and David Buckhalton are applicants to Shakopee's Small Cities
Development Program. They are appealing to the City to overtum the Carver County
HRA's decision denying the applicant's request for subordination. The applicant has
incurred some debts recently and is securing a second mortgage to pay off these debts.
The 2 ° mortgage would move the City to third lien position. The rules as stated in the
Small Cities Development Program allows subordination only if the applicant is
refinancing his/her first mortgage at a lower interest rate. Barb Breuer and David
Buckhalton did sign a disclosure form accepting the rules for the subordination. The
Carver County HRA did base their denial on the rules that subordination can only be
allowed when the applicants are refinancing the first mortgage for a lower interest rate.
Official Proceeding of the
Shakopee Economic Development Authority
May 1, 2001
Page -2-
These improvements have not been made at this time, according to Mr. Snook's
knowledge.
It was discussed were the dollars go that are received in payment.
SweeneyBrekke moved to deny the appeal of Barb Breuer and David Buckhalton to
overturn Carver County 's decision to deny the applicatant's request for
subordination. Motion carried unanimously.
B. Update
Mr. Snook gave an update on the Small Cities Development Program. Recently some
additional marketing has been done. A brochure has been produced to send to
commercial property owners to boost the Commercial portion of the program. For the
Single Family Residential units 63% of the funds have been committed. 68% of the
funds have been committed for the Rental Residential units and 4.5% of the funds have
been allocated for the Commercial properties. There was discussion on the target area
for the Commercial covered by the Small Cities Development Program. Mr. Sweeney
would like to see a brochure sent to the residents within the residential scope of the
Small Cities Development Program. There was discussion on increasing the commercial
area for these funds to be used in.
VI. Other Business
There was no other business.
Adiournment
Brekke /Sweeney moved to adjourn the meeting. The meeting adjourned at 8:00 p.m_
Motion carried unanimously.
ld it�h& Cox
EDA Secretary
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS THE
ECONOMIC i AUTHORITY
MINNESOTA
SPECIAL SESSION
Y 15, 2001
Members Present: President Morke, Sweeney, Amundson, Link, Brekke
Members Absent: None
Staff Present: Mark McNeill, City Administrator, Bruce Loney, Public Works Director, Judith S.
Cox, City Clerk; R. Michael Leek, Community Development Director; Tim
Thomson, City Attorney; Gregg Voxland, Finance Director, Paul Snook,
Economic Development Coordinator, Tracy Coenen, Management Assistant;
Mark Themig, Facilities and Recreation Director; Jerry Poole, Deputy Police
Chief.
I. Roll Call:
President Morke called the meeting to order at 7:36 p.m. Roll call was taken as noted
above.
. Approval of Agenda:
Sweeney /Amundson moved to approve the agenda as presented. Motion carried
unanimously.
M. Small Cites Development Program:
A) Appeal by Barb Breuer and David Buckhalton.
Mr. Snook gave a report on the appeal of Barb Breuer and David Buckhalton. The
appellants are appealing the Carver County HRA denial regarding their request for
subordination and ask the decision be overturned. The subordination is being requested
for a second mortgage that is being taken out for cash. The terms for subordination are for
the refinancing of a second mortgage not taking out cash. Julie Frick, Executive Director
of the Carver County HRA, approached the podium and also gave a presentation on why
the denial of the subordination. The Carver County HRA is the administrator for the City
of Shakopee's Small Cities Block Grant Program. The appellants applied and received
assistance and it is the policy for Small Cities Programs not to subordinate. The Carver
County HRA does not do subordination for any reason. This is the City's choice and it
would set a precedence. A statement was signed by the appellants acknowledging there
was no subordination, however, this is the City's program and ultimately it is the City's
decision. The loan to value issue was discussed. Originally the City Council was of the
opinion that no improvements had taken place but now the Council is of the understanding
that improvements have taken place. The appellants misunderstood and thought this was a
grant.
David Buckhalton, one of the appellants, approached the podium and stated that he along
with Barb Breuer finally thought they could do some improvements to the house. They
misunderstood the contract and thought if they sold their house in ten years they would
have to repay the funds. This is our fault we did not read the small print.
Official Proceedings of the May 15, 2001
Shakopee Economic Development Authority Page —2-
We would like to be able to pay the contractors and fix up a few of the out buildings. Mr.
Buckhalton described the improvements done with the funds and discussed the loan to
value issue.
Commissioner. Sweeney stated this Small Cities Program frustrated him because he felt
many of the applicants in this program really did not understand what they were signing,
for. The applicants see the opportunity to make improvements, they have been
wanting/needing to make and as a result are entering into agreements without fully
understanding the agreements that they are entering into. Commissioner. Sweeney had
some knowledge of the appellants and felt Mr. Buckhalton and Ms. Breuer were not trying
to take advantage of the system.
SweeneyBrekke moved to grant the appeal of Barb Breuer and David Buckhalton and to
overturn the Carver County HRA's decision to deny the request for subordination (for the
City to move to third lien position and let the new mortgage company be in second
position).
Commissioner Brekke agreed with Commissioner Sweeney and felt the City had nothing to
lose by granting this subordination and the improvements are done. The City was still
coming out with a positive loan to value situation and the objective of the program was
being achieved.
President Morke also took the letter from Mr. Buckhalton into consideration and agreed
with the outcome.
Motion carried unanimously.
IV. Other Business:
There was no other business.
V. Adjournment:
Sweeney/Link moved to adjourn the meeting. Motion carried unanimously. The meeting
adjourned at 7:53 p.m. Motion carried unanimously.
� V-J4 J.
dith S. Cox
EDA Secretary
Carole Hedlund
Recording Secretary
CITY OF SHAKOPEE
Memorandum
TO: President & Commissioners
Mark H. McNeill,, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: EDA Bill List
DATE: July 5, 2001
Introduction
Below is a listing of bills for the EDA for the period
06/01/2001 to 07/05/2001.
- ,*q4
Action Requested
Move to approve bills in the amount of $84,411.88 for the
EDA General Fund.
Check
Date
Check
Number
Vendor Description
Amount
6/06/01
69536
Carver Co HRA
Prof Sery
$38,729.22
6/06/01
69537
Carver Co HRA
Prof Sery
45,234.54
6/12/01
69542
City Business
Subscription 85.00
6/12/01
69567
Intertechnologies
Telephone
2.36
6/27/01
69781
Kennedy & Graven
Attorney
165.50
6/27/01
69825
Qwest
Telephone
19.70
7/02/01
69776
Intertechnologies
Telephone
.56
7/03/01
69862
Wall Street Journal
Subscription 175.00
Total $84,411.88
Annual Current Month YTD
Description Budget Actual Balance Balance
02190 EDA- BENEFITS
19 EDA 234,520.00 175.56 110,004.29 124,515.71
02190 EDA - BENEFITS 234,520.00 175.56 110,004.29 124,515.71
Exp. Avail_
q
46.9 53.1
46.9 53.1
CITY OF SHAKOPEE
Memorandum
TO: Economic Development Authority
FROM: Paul Snook, Economic Development Coordinator
SUBJECT: Small Cities Development Program (SCDP) - update
MEETING DATE: July 10, 2001
Enclosed is Exhibit A, the June 2001 update on the Small Cities Development Program (SCDP) from the
Carver County HRA.
In summary, the HRA reports the following SCDP funding activity:
Amount % of Funds
Amount Committed/ Committed/
Funded Allocated Allocated
Single Family
Residential
(goal: 30 units) $369,000 $231,310 63%
Rental
Residential
(goal: 30 units) $121,500 $82,500 68%
Commercial $251,250 $11,215 4.5%
(goal: 15 units)
TOTAL $741,750 $325,025 44%
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.
Small Cities Shakopee Rehab
Program
The representative from the Department of Trade and Economic Development, Leona
Humphrey, was out to monitor the program files in June. Her findings should be available soon.
City and HRA staff also discussed extending the grant period and expanding the target area since
there has been a lull in the program inquires. After the expansion has been approved by DTED,
the HRA will be mailing out brochures per request to every property owner in the newly added
target area as well as the original target area.
Single - Family Rehabilitation
Project
Recap on the program
To be eligible for the program, the applicant's income must be below 80% of the area median
income. The homeowner will be eligible for a 50 to 100% grant depending upon their income.
The homeowner would need to provide leverage ranging from 0 to 50 %. The HRA has low -
interest loans the homeowner could apply for to use as their leverage requirement. However, if
they are not eligible for a leverage source due to poor credit, too many debts, no equity, etc., the
leverage requirement will be waived and they will receive a 100% Small Cities grant.
The grant is a 0% interest, 10 -year deferred loan. If the homeowner stays in the home for 10
years, they will not have to pay the loan back. The loan is forgiven on a pro -rated basis of 10%
per year. For example, if the homeowner moves out 3 years later they would be responsible for
paying back to the City 70% of what they borrowed.
After their application has been approved, Dave Schaffer, the HRA's Rehab Advisor, will
schedule an appointment to inspect the home to determine what improvements can be done.
Dave will draw up a work write -up for the homeowner to submit to contractors. It is the
responsibility of the homeowner to select the contractor(s).
After reasonable bids have been attained, the homeowner will schedule a time to close on the
loan with the HRA. The HRA will make the payments to the contractor(s) after the work has
been inspected by Dave Schaffer. The HRA will then submit a draw request to the City (to
submit to DTED) for reimbursement.
Single-Family Rehab Summary
11 applicant's have closed on their loans and work is under way. 6 of those applicants have had
all of their work completed. We still have those 3 additional applicants have had troubles
securing bids. We have granted these 3 homeowners bid deadline extensions. However, they
have not been making progress on obtaining bids and will be put on the waiting list if we receive
many new applicants (the program allows for 60 days to obtain bids, but we can extend this if no
one else is waiting for the funds). One of the three remaining applicant's home is listed on the
Historic Register and the HRA is working with the Historical Society to make sure the
improvements meet the Secretary of the Interior's work specifications.
Amount Funded $369,000.00
Amount Committed $151,834.60 (closed on their loans)
Amount Allocated $ 79,475.00 (have been approved)
Balance Remaining $137,690.40
Applicants that have closed
HRA Loan Number: NO NEW APPLICANTS TO REPORT
Household Composition:
Loan Amount:
Gross Income:
Improvements:
Mark Value of the Property:
.Rental Rehabilitation Project
Any rental owner may apply for the program as long as their property is located in the targeted
Small Cities Boundary. 51% of their rental units need to be leased by tenants at or below 80% of
Metro Area Median Income, and the rents for all of the units would need to be at or below the
Fair Market Rents. If the property is in the targeted area, and both the tenant's income and rent
are within the allowable limits a property owner would be eligible for a deferred loan up to
$10,000 per unit. A maximum loan amount is currently under advisement with city staff. The
owner is required to match these dollars with a 50% match. This is a secured loan, which will be
forgiven after seven years. Compliance of rent restriction and tenant characteristics is in force
for the full seven years. The loan is forgiven on a pro -rated basis of 14.28% per year.
After their application has been approved, Bill Schwanke, the HRA's Rehab Advisor, will
schedule an appointment to inspect the rental property to determine what improvements should
be incorporated into the scope of work. Bill will draw up a work write -up for the homeowner to
submit to contractors. It is the responsibility of the homeowner to select the contractor(s).
After reasonable bids have been attained, the property owner will schedule a time to close on the
loan with the HRA. The HRA will make the necessary payments to the contractor(s), after Bill
Schwanke has inspected the work. The HRA will then submit a draw request to the City (to
submit to DIED) for reimbursement
Rental Rehab summary
Carver County HRA has had 0 new inquiries regarding the Small Cities Rental Loan Program; 7
rental property owners completed their applications. Two of the original seven applicants has
dropped from the program. The remaining 5 active applicants represent 11 rental units. The
third rental loan closed on April 27th, 2001. One of our rental applicants is in the process of
obtaining an additional bid for exterior improvements. The last rental applicant is waiting for
historical clearance.
Amount Funded $121,500.00
Amount Committed $ 67,500.00 (closed on their loans)
Amount Allocated $ 15,000.00 (have been pre- approved)
Balance Remaining $ 39,000.00
Applicants that have closed
HRA Loan Number:
Loan Amount: NO NEW APPLICANTS TO REPORT
Number of Rental Units:
Monthly Rent:
Improvements:
Market Value of the
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/mechanical 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
Currently Carver County HRA has received 2 new inquiries; this is in addition to the original 12
from our initial marketing of the program. Out of those inquiries four have completed their
applications. Our Second commercial loan closed on April 27 t ', 2001. One of the four is
currently working with our rehab specialist to obtain bids and close on their loan. One of the
original inquiries from last fall has just recently submitted their completed commercial
application; our rehab advisor has met w/ the applicant and is devising a scope of work.
Amount Funded $251,250.00
Amount Committed $ 11,215.49 (closed on their loans)
Amount Allocated $0.00 (have been approved)
Balance Remaining $240,034.51
Appl i cants that have closed
HRA Loan Number: NO NEW APPLICANTS TO REPORT
Loan Amount:
Gross Income:
Improvements:
Market Value of the Property:
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The meeting was called to order at 7:00 p.m. with Council members Link, Morke, Amundson,
Sweeney and Mayor Brekke present. Also present: Mark McNeill, City Administrator; Bruce
Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community
Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Paul
Snook, Economic Development Coordinator; Mark Themig, Facilities and Recreation Director;
Tracy Coenen, Management Assistant; Jerry Poole, Deputy Chief of Police.
The pledge of allegiance was recited.
The following item was added to the Agenda. 15_F.6 Burning Permit Appeal.
Morke /Sweeney moved to approve the Agenda as modified. Motion carried unanimously.
Mayor Brekke reported that there had been a meeting with representatives from ADC
Telecommunications, Mayor Brekke and Cncl. Sweeney, representing the City Council, Mr_
McNeill, City Administrator, and Mr. Leek, Community Development Director, representing City
staff along with Dave Unmacht from the County and other representatives of the County also.
Mr. McNeill gave a brief report on the ADC building under construction in the City of Shakopee.
ADC notified the City that they would be placing on hold the finishing of the 490,000 square foot
building that they have currently under construction. At this time, the structure is less than 1/2
completed. ADC has indicated that they are taking these actions because the technology industry
ing will be finished to make the building secure_ This was to
is changing. The exterior of the build
have been about a $70 million building and now when the exterior is finished the building will be
worth approximately $40 million. ADC is not abandoning this building, but ADC feels they
cannot justify finishing the building completely. There are no layoffs planned at any of the
Shakopee facilities at this time_ Mr. Snook put together a memo regarding the contract that the
City and County have with ADC regarding some incentives. If the goals set forward in the
contract were not met within the next nine months the abatements (totaling $2 million) to be
received by ADC thru property taxes would not be received with the property taxes. At this point
the City is not out any money. Mr. Snook added that ADC needed to continue operation of the
facility as a manufacturing facility for five years to receive the full benefits of the abatements in
their contract with the City and the County.
The following items were removed from the Consent Agenda. Item # 8. Approval of the Bills,
15.D_ 1 All Terrain Vehicle and Trailer.
The following item was added to the Consent Agenda. 15.E.1 Authorize Hiring of Public Works
Maintenance Worker_
Official Proceedings of the May 15, 2001
Shakopee City Council Page —2-
Sweeney /Amundson moved to approve the Consent Agenda as modified. Motion carried
unanimously.
Cncl. Link questioned an expense item in the City bills and Mr_ McNeill answered the question
satisfactorily-
Sweeney/Link moved to approve the bills in the amount of $636,969.45 plus $61,465.03 for
refunds, returns and pass through for a total of $698,434.48. Motion carried unanimously.
Dave Unmacht, County Administrator, gave a presentation on "what's happening in Scott County
along with Commissioner Art Bannerman. A few key issues to the County that were noted by
Dave Unmacht were: redistricting of the County commissioner precincts, the reporting
relationship with different entities within the County, what different departments within the
County are doing, the Jail Planning Committee, the new County Library coming to Shakopee, E-
Commerce and web site activity and the County intra -net, comprehensive planning and growth
management within the County, transit within the County, planning services for the aging
population, and court collections. Some of Mr. Unmacht's observations regarding the budget
were: the budget of the County has grown significantly along with the mandates and population
growth, tax rates are going down, and the City of Shakopee is the largest contributor of property
tax collection_ The County will most likely adopt the Comprehensive Plan, Subdivision Zoning
Ordinance and Transportation Plan. Some general information from Mr. Unmacht regarding the
County was given on market growth, residential growth is anticipated to remain basically the
same with the majority of the growth to be within the cities. These comments from Mr. Unmacht
were derived from citizen surveys and presentations given. According to Mr. Unmacht, property
taxes will be going on -line and will be available to the general public_ The City of Shakopee pays
approximately 27.9% of the property taxes in Scott County. Cncl. Amundson would like the
County to revisit the growth plan of Scott County and review this plan with the City Council on a
regular basis. Mr. Unmacht felt all issues with the City of Shakopee could be worked out to each
ones satisfaction.
A recess was taken at 7 :36 p.m. for the purpose of conducting the Economic Development
Authority meeting.
Mayor Brekke re- convened the meeting at 7:53 p.m.
Cncl Sweeney reported on the Shakopee Public Utilities Commission meeting in which most
issues pertained to water issues and these issues are proceeding satisfactorily. There was
discussion on well 9 12 and the number of homes that would be serviced by well # 12. The
direction given to the Shakopee Public Utilities Commission was for them to proceed with the
500,000- gallon water tank. Shakopee Public Utilities Commission has tentatively adopted the
water policy and an organizational plan will also be finalized soon.
Official Proceedings of the May 15, 2001
Shakopee City Council Page —3-
Cncl. Sweeney said he had told the County Board that there was no support coming from the City
Council to close another street in the City of Shakopee. Cncl. Sweeney also said he would not
support a multi story building. He did not feel the County Board should look at the current
parking lot as a site for the future jail.
Cncl. Amundson reported on the Convention and Visitors Bureau (CVB) meeting. Cncl.
Amundson was questioning if a monthly report or financial report should be presented before the
Council regarding the CVB meetings. Staff noted this should be an audit item for the next City
audit. There was concensus that a report be made to the City Council.
Sweeney /Amundson offered Resolution No. 5530, a Resolution Of The City Of Shakopee,
Minnesota Approving the Preliminary Plat Of Brittany Village 4` Addition, and moved its
adoption_ (Motion carried under the Consent Agenda).
Mr. Leek reported on Troy and Stacey Schuette's request for an amendment of the language
pertaining to home occupation criteria. The Schuette's property, where they reside, is located at
3000 County Road 42. Staff has denied Troy and Stacey Schuette's application for a home
occupation because there up to ten employees who come to the site, park their vehicles and take
the ten trucks, housed on site, to various locations for the day. This denial was based on the
criteria that states not more than one employee be allowed to work on the site, who does not live
on site of the home occupation. Because of staffs denial the Schuette's appealed to the Board of
Adjustment and Appeals (BOAA) who also denied the request. Because of the BOAA denial, the
Schuettes made a request for a text amendment. This proposed text amendment is before the
Council this evening as proposed by the Schuettes; the Planning Commission was unable to come
to an agreement on a motion regarding the language for a home occupation criteria amendment.
The motion to approve the text amendment failed at the Planning Commission meeting on a 5 — 2
vote, other alternatives were looked at the Planning Commission level but no concurrence could
be reached on the alternatives also. City staff did review several other jurisdictions regarding their
home occupation criteria and found their criteria for a home occupation to be similar to the City
of Shakopee. A few differences did appear in the criteria for home occupations in the City of
Hugo and the City of Lakeville. These differences were: 1] there were two tiers for possible
review, one tier for typical uses and the second tier for administrative review and 2] a conditional
use permit for uses that are not ordinary home occupations with periodic review. The ordinances
in the City of Hugo and the City of Lakeville stipulate that the CUP approval does not run with
the property. The neighbors of the Schuettes do support the Schuette home occupation as shown
by the petition signed by the neighbors and submitted to the City. Mr. Leek felt the relative
impact that a home occupation had on the neighbors needed to be taken into consideration and
also what was the underlying intent of the home occupation. The Schuettes would like the
performance of the business looked at. What does the business look like to the outside world?
Mr. Leek suggested City staff be directed to prepare a text amendment that allows for the
additional level that allows for a conditional use permit level for this type of use. Cncl. Morke
concurred with Mr. Leek's suggestion.
Official Proceedings of the
Shakopee City Council
May 15, 2001
Page —4-
Morke/Link directed City staff to prepare a CUP process that allows for the additional level of
review for a home occupation that allows the type use requested by the Schuettes and to bring
this CUP process back before the City Council.
Cncl. Sweeney felt a key item that the City of Hugo and the City of Lakeville had in their CUP for
a home occupation was that the CUP did not run with the land.
Mr. Troy Schuette approached the podium and asked if his home occupation went thru this
process annually. Mr. Leek addressed this question.
Mr. Thomson, City Attorney, thought there might be a way to permit this type business on a case -
to -case basis through a variance, but Mr. Thomson would need to look into the issue more and
talk with City staff.
Cncl. Sweeney called the question.
Motion carried unanimously.
Morke/Link moved not to approve Ordinance No. 598 Fourth Series, An Ordinance Of The City
Of Shakopee, Minnesota, Amending Chapter 11, Zoning Regulations, Regarding Criteria For
Granting A Home Occupation. Motion carried unanimously.
Mr. Schuette approached the podium and asked if there were more fees involved in the CUP
process. Mr. Leek addressed this question and also stated that when Mr. Schuette's request for a
CUP is before the Planning Commission perhaps the Planning Commission can be asked to
consider a waiver of all or a portion of the fees.
Mayor Brekke asked if there were any citizens present in the audience who wished to address any
item not on the agenda.
Gary Wollschlager, representing Tollefson Development Inc., approached the podium and
presented to the Council an area of City that Tollefson Development, Inc. is proposing on
developing yet this year and requested that Council allow staff to do an EAW on the site
concurrently with the platting and rezoning of the property that Tollefson Development Inc. is
proposing. Mr. Wollschlager gave some background information on the situation. This proposed
development is next door to the current Pheasant Run development. They are proposing to run
17` Avenue to the east to the unnamed collector street and to run the collector street from 17'
Avenue to Valley View Road. Mr. Wollschlager proposed to build this road at Tollefson
Development, Inc's. expense. The only expense to the City would be for the oversizing of the
watermain or sanitary sewer pipe to accommodate other properties. The reason this request is
being made is because of timing.
Official Proceedings of the May 15, 2001
Shakopee City Council Page —5-
Mayor Brekke pointed out to Mr. Wollschlager that it is City policy to have developers pay for
local collector streets and the City pays for the oversizing. Mr. Wollschlager stated that what
Tollefson Development, Inc. is proposing is building a portion of the road that is not directly
attached to Tollefson Development Inc. property.
Mr. Loney, Public Works Director, stated that City staff had met with the developer and the
developer was told that it was unacceptable to the City for his property to come on line without
the collector street being in. There would be some cost savings to the City of Shakopee with Mr.
Wollschlager's proposal but to Mr. Loney's knowledge there was no proposal in writing.
There was discussion on the EAW and the infrastructure and storm water drainage in this area
with the roads.
Morke /Sweeney moved to allow the EAW to run concurrently with the preliminary plat process
of Tollefson Development 120 acres lying east of Pheasant Run.
Mr. Thomson stated doing the EAW concurrently with the preliminary plat the developer might
have to agree to some time line extensions. Mr. Wollschlager was acceptable to possible time line
extensions.
Motion carried unanimously.
Mayor Brekke felt the use of the all terrain vehicle and trailer may be used primarily for fighting
grass fires in Jackson and Louisville Townships. Mayor Brekke was thinking about cost
participation agreements or fee for services agreements for equipment used for that purpose.
Cncl. Sweeney stated by using the equipment budget for this equipment the Townships will
participate in the cost and these costs can be modified if need be.
Morke/Link moved to authorize the purchase of the Six Wheel Drive All Terrain Vehicle from
Thunder Lake Sports for the quote of $7,554.99. Motion carried unanimously.
Morke/Link moved to authorize the purchase of the trailer, waster tank, pump and miscellaneous
equipment for a cost not to exceed $4000. Motion carried unanimously.
Mark Themig, Facilities and Recreation Director, reported on the award of the contract for Skate
Park Project 2001 -6. Mark Themig presented the bids and discussed some options that came up
in the process of the bidding. Sixteen bid documents were distributed across the United States
and five bids were received back with proposals for a skate park. The Skate Park Committee
came up with the design; the concept the committee wanted to come up with was something that
was unique in the southwest and Metro area. Initially the estimates were around $55,000. After
getting feedback from the youth in the area, it was decided to go with a wood structure. The
estimated cost for this project now is $104,000.
Official Proceedings of the May 15, 2001
Shakopee City Council Page —6-
The bids were about $10,000 higher than expected and other components to the skate park came
into play. The Skate Park Committee is out in the community doing fundraising.
Sweeney /Amundson moved to accept the low bid of TrueRide, Inc. of $64,362.45 for the skate
park and offered Resolution No. 5532, A Resolution Accepting Bids For Manufacture and
Installation of Skate Park Equipment Project No. 2001 -6, and moved its adoption.
Mayor Brekke asked the youth in the audience if they had a preference for a wood skate park or a
steel skate park. It was unanimous that a wood skate park was preferred.
Motion carried unanimously_
A recess was taken at 8:50 p.m.
Mayor Brekke re- convened the City Council meeting at 8:58 p.m
Sweeney /Amundson offered Resolution No. 5531, A Resolution Of The City of Shakopee,
Minnesota Approving The Final Plat Of Dublin Square Third Addition, and moved its adoption.
(Motion carried under the Consent Agenda).
Mr. McNeill, City Administrator, gave the staff report on the request for open burning from Mark
and Susie Overbye, 587 Vista Ridge Lane. Mark and Susie Overbye are attempting to grow
native grasses and wild flowers on a portion of their property that is under the acreage for non-
agricultural parcels that are permitted open burning. Mark and Susie Overbye would be hiring
Eco Tech, a professional prairie management company, to perform the bum. Eco Tech has
performed bums within the Shakopee Mdewakanton Sioux Community and for the State of
Minnesota before. The City Fire Department recommends that this request for an open bum of
Mark and Susie Overbye's nature area not be permitted tonight.
Mr. Tom Pitschneider, Fire Inspector for the City of Shakopee, approached the podium to state
why the open burning should not be permitted. Mr. Pitschneider was not familiar with Eco Tech,
the professional company proposed to be used for the open bum, he also noted that when the
Shakopee Mdewakanton Sioux Community asked permission to bum some burial mounds at
Memorial Park last year that they were denied permission. The criteria being applied is the same
criteria used then and that criteria is basically that the City Ordinance 581 does not allow for open
or running burning of grassland_ No exemption has been given for this Ordinance since the
Ordinance was implemented.
Mark Overbye approached the podium with some graphics of the area requested to be burned and
the surrounding areas. Mark and Susie Overbye wanted the opportunity to burn a professionally
arranged wildflower and natural grass area. The purpose of the bum would be to allow the
burning of the surface weeds that could choke out the life of a wildflower. Mr. Overbye wanted
Official Proceedings of the May 15, 2001
Shakopee City Council Page —I-
to address the Fire Marshall's recommendations because Mr. Overbye felt there were errors in the
Fire Marshall's recommendations. Mr. Overbye did not feel that the Ordinance addressed the
needs as they are now. This open bum was necessary to maintain the value of his property and
the neighbor's property_ Mayor Brekke gave the history of the Fire Ordinance. Mr. Overbye
stated this bum was a timing issue according to Eco Tech because the sooner the bum was
completed the less residue would be left for erosion.
Mayor Brekke gave the Fire Department the opportunity to respond to Mr. Overbye's comments.
Mr. Pitschneider stated burning permits are issued within the Townships but not within the City
limits_
Mayor Brekke thought if the Council wanted to allow burns for nature/Wildflower areas the way
to allow the bums was not by granting a burning permit against the recommendation of the Fire
Department and against City ordinance but through a clause in the ordinance that permits those
type fires and a fee schedule that recovers the costs involved.
Cncl. Sweeney noted that originally the area of Shakopee was prairie land and there were yearly
fires to control the native grasses and wildflower. Cncl. Sweeney stated he supported the clause
in the ordinance to grant open bums for nature /wildflower bums. In addition, in the fee schedule
Cncl. Sweeney would like to see the fires caused by the railroad addressed.
Bob Reisgraf, Assistant Fire Chief, approached the podium to say that the Fire Department was
more concerned about the precedence that would be set if this open bum was permitted tonight
rather than the safety issue. Mr. Reisgraf thought there were other ways to take care of this
problem of the weeds-
Sweeney/Amundson moved to direct staff to come back with modification to Ordinance No. 581
that spells out a method by which controlled bums in natural areas can be granted and containing
a fee schedule that meets the Fire Department and City Council concerns that have been raised.
Cncl. Sweeney thought this modification of the Open Burning Ordinance No. 581 could be done
quickly. Tom Pitschneider agreed. Mr_ Pitschneider pointed out the reason the Fire Department
was in attendance at the meeting this evening was because the ordinance did not allow this bum.
The Fire Department brought the open bum question to the City Council level to get discussion
going and to try and figure out where the City wanted to go on this issue. The Fire Department
preferred that the ordinance be changed before the bum is permitted.
Cncl_ Sweeney called the question.
Motion carried unanimously.
Official Proceedings of the May 15, 2001
Shakopee City Council Page —8-
Mr. Leek reported on the Shakopee Crossings Building Permit Policy. Mr_ Leek stated that
previously an exception was made in the Shakopee Crossings Addition area allowing a building
permit to be issued for the School District property. Ryland Development has expressed their
intent to ask for a building permit for their townhouse project south of Southbridge Parkway as
well as Wal -Mart's intent to seek a building permit. City staff feels it would be best to have a
uniform policy rather than all the exceptions. An alternative suggested to handle this situation
would be to basically tie the certificate of occupancy to a completion date for the roadway
improvements and the signalization. One additional item from Mr. Soltau, Shakopee Crossings,
and from the developer with Ryland Homes, Inc. was that the construction access was most likely
to be different from the ultimate street access and would not have a direct impact on the traffic at
the intersection of Southbridge Parkway and County Road 18. Mr. Leek explained what could
take place with the granting of the preliminary plat approval and what securities may be in place at
that time. If the Council adopted staff s alternative for the Shakopee Crossings resolution
condition, staff would then be going with past practice; what has been adopted now basically was
a departure from past procedure. Mr. Loney pointed out in residential areas that building permits
normally are not allowed until there is a class 5 aggregate on the public roads. In commercial
developments typically one building permit is allowed. A construction access can be built to class
5 standards off a public road to allow for emergency vehicles. Mr. Loney stated his concern was
that the improvements that the Council is hoping to achieve be done by a certain date. Mr. Leek
noted that until the signalization is in place at Southbridge Parkway and CR 18 the traffic
movement will continue to decline. Construction has not been limited on the housing units being
constructed with Southbridge.
Steve Soltau, Shakopee Crossings, approached the podium to respond to some of the questions
that had been brought up about issuing building permits. Mr. Soltau noted that the construction
traffic would be in the opposite direction of the residential traffic and their timing would be
different from the residential traffic. Construction traffic was not the problem of this intersection;
the traffic concerns will be greater when the facilities open. Mr. Soltau was asking that this
project be treated just like any other project in the City of Shakopee. Mr_ Soltau was comfortable
with the date suggested by staff for the completion of the traffic improvements. If wanted this
date could be a condition in the resolution and a date in the developer's agreement. Staff
suggested September 1, 2001 as the roadway improvements and signalization completion date. It
appeared to Mr. Leek with the information given by Mr. Soltau and the time needed for building
permit review, the building permits would possibly be available one month before the completion
of the roadway improvements. According to Mr. Soltau, the first phase of the building activity is
very limited in the amount of people and traffic generation.
Mark Sonstegard, of Ryland Homes, approached the podium and stated Ryland would like to
start building in Stafford Village the second week of June. If Ryland Homes, Inc. just built one
multi -unit, the traffic trips would be approximately 20 -25 trips a day.
Official Proceedings of the May 15, 2001
Shakopee City Council Page —9-
Amundson/Sweeney moved that staff prepare an amendment to the resolution that the
signalization and necessary roadway improvements are in place by September 1, 2001 and no
certificate of occupancy will be issued before the signalization and roadway improvements are
installed and working. Motion carried unanimously.
Sweeney /Amundson moved to authorize the hiring of Gary Synder as Public Works Maintenance
Worker and to be hired at Step 1 ($14.692Mh) of the 2001 Public Works Union Pay Schedule,
effective June 4, 2001, and subject to a successful pre - employment physical and background
check. (Motion carried under the Consent Agenda).
Sweeney /Amundson offered Resolution No. 5528, A Resolution Of The City Of Shakopee,
Minnesota, Approving Premises Permit For The Shakopee Lions Club, and moved its adoption_
(Motion carried under the Consent Agenda).
Sweeney /Amundson offered Resolution No. 5529, A Resolution Apportioning Assessments
Among New Parcels Created As A Result Of The Platting Of Dublin Square 2 nd Addition, and
moved its adoption. (Motion carried under the Consent Agenda).
Cncl. Sweeney presented the 2001 Budget Amendment Resolution No. 5533. Cncl. Sweeny
opened the discussion by pointing out the items that the City is locked into by previously
approving the items and these locked -in items are also non - budgeted items. These items can be
addressed three (3) ways, according to Cncl. Sweeney. These three (3) ways are: 1) by raising
taxes, 2) using money from some other fund or 3) by creating a new budget. Cncl_ Sweeney
preferred the new budget method. Cncl. Sweeney further pointed out that the surplus' the City
has now has been earmarked for the building fund. Mr. Sweeney preferred not to have essential
buildings subject to referendum. It is the General Fund budget that is being proposed for an
amendment. Cncl. Sweeney felt the Fire Equipment that the Council agreed to purchase be
funded out of the Equipment Fund and if need be a General Fund change be made to put the
needed monies into the Equipment Fund_ Cncl. Sweeney was mostly concerned about funding
grants that the City did not receive and using the General Fund to buy equipment.
Deputy Chief Poole approached the podium to address the question if five (5) police officers had
been hired with the expectation that the grants would be received for the five officers_ Deputy
Chief Poole stated the request for the five officers was based on the work analysis for 1999 and in
the year 2000 the numbers even go higher. The grant was to have helped fund the five officers.
Mr. Sweeney wanted the building program put on the next agenda to be discussed at the next city
Council meeting. There was much discussion as to where this money to pay these additional five
police officers would come from. There is no offset for this funding.
Official Proceedings of the May 15, 2001
Shakopee City Council Page —10-
Mr_ McNeill suggested that Cncl. Sweeney's point to revisit the building program is valid. Mr.
McNeill pointed out that the legislature will have adopted a budget in theory for next year and
will have a tax policy in place by the next Council meeting and the City will know if the City of
Shakopee will have a levy limit imposed.
Morke/Link offered Resolution No. 5533, A Resolution Amending Resolution No. 5458
Adopting The 2001 Budget, and moved its adoption.
It was thought that this motion would need to be amended because of the equipment fund issue
with the Fire Department. Mr. Voxland suggested that this motion be tabled and staff would
revise the resolution by the next Council meeting.
Sweeney /Amundson moved to table the motion. Motion carried unanimously.
Mayor Brekke gave a report on the status of the Shakopee Mdewakanton Sioux Community
negotiations. Mayor Brekke had met with Tribal Chairman, Stanley Crooks, and Vice - Chair, Lyn
Crooks, and Mr_ McNeill, Mr. Leek and Mr. Loney, representing the City of Shakopee. Progress
is being made on numerous issues. Mayor Brekke was asking for the latitude to use the services
of the City Attorney to put these items on paper. Many of the items had been talked about in
concept but not put on paper with the Shakopee Mdewakanton Sioux Community_ It would help
the City Council to see the issues on paper. Significant progress has been made on three issues.
These issues are: 1) verbal agreement has been given for the acquisition of County Road 16 right -
of -way (1/3 acre) because now the Shakopee Mdewakanton Sioux see the benefit of having
access; 2) it has been realized thru discussions that both the Shakopee Mdewakanton Sioux
Chairman along with Mayor Brekke dislike the fencing around the burial mounds in Memorial
Park. It is being looked at to replace these fences with informational kiosks and encourage
voluntary compliance around the sacred burial mounds; 3) in conjunction with the City, the
Shakopee Mdewakanton Sioux want to expend resources to combat oak wilt spread in Memorial
Park. The bigger issues are still being discussed and progress is being made on the issues. The
City of Shakopee and the Shakopee Mdewakanton Sioux are discussing concepts that deal with
the whole issue of Land Trust and developing a potential global agreement on the issue of Land
Trusts. The City is talking about coming to an agreement on the infrastructure issues that involve
the alignment of the storm drainage channel that is now proposed through the Shakopee
Mdewakanton Sioux property and having the City construct this channel on lands within the City
of Shakopee and have the Shakopee Mdewakanton Sioux develop an alliance through the City
that is through the Shakopee Mdewakanton Sioux parcel. The City of Shakopee and the
Shakopee Mdewakanton Sioux Community need to come to agreement on a sanitary sewer
easement that would serve both communities and agreement on right -of -way for County Road 16
for a frontage road. Other concepts discussed was getting a commitment from the Shakopee
Mdewakanton Sioux Community that they will develop their property for residential and
institutional (Cultural) purposes only and an agreement on a stand still for future Land Trust
applications for a fixed amount of time. Recent items raised in the meetings are: 1) coming to an
Official Proceedings of the May 15, 2001
Shakopee City Council Page —11-
agreement in terms of payment in lieu of taxes and 2) a phased incremental approach to
development of the land put in the Land Trust. These discussions are looked at as a win -win
situation for all. There is work on both sides that still needs to come about.
Sweeney /Amundson moved to direct staff to make necessary changes in the legal budget to allow
Mayor Brekke and City staff to continue negotiations with the Shakopee Mdewakanton Sioux
and to get proposals formalized with the help of the City Attorney if needed.
Cncl. Link abstained from voting on this issue because of the relationship with the Shakopee
Mdewakanton Sioux Community. (His daughter is married to a member of the Community.)
It was felt by the Council one of the key issues is the enforceability of the agreements reached and
agreed to with the Shakopee Mdewakanton Sioux.
Motion carried 4 -0 with Cncl. Link abstaining.
Sweeney /Amundson offered Resolution No. 5534, A Resolution of the City of Shakopee,
Minnesota, Approving An Application from the Sexual Violence Center to Conduct Annual Ofd
Site Gambling, and moved its adoption. (Motion carried under the consent agenda).
There was concern regarding the light on CR 17 and Verling Drive.
Sweeney /Amundson moved to adjourn to Tuesday June 5, 2001, at 7:00 p-m. Motion carried
unanimously. The meeting adjourned at 11:30 p.m.
J. &f,
J dith S. Cox
ity Clerk
Carole Hedlund
Recording Secretary
` (2-0 U S E t) T
CI'T'Y OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance director
RE: City Bill List
DATE: July 5, 2001
Introduction and Background
Attached is a print out showing the division budget status for
2001 based on data entered as of 7/05/2001.
Attached is a regular council bill list for invoices processed
to date for council approval.
Also included in the checklist are various refunds, returns,
pass through, etc. totaling $138,712.59. The actual net expense
amount is $948,478.43.
Included in the bill list is a $2,939.40 bill from Lano for the
difference on a trade in of a year old Bobcat for a new one. I
believe the buy back agreement for Bobcats and John Deere
tractors went to council originally, but not for the annual
trades.
Action Requested
Move to approve the bills in the amount of $1,087,191.02.
7
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner H
SUBJECT: Vacation of Easement within Minnesota Valley 2 Addition
MEETING DATE: July 10, 2001
CASELOG NO.: 01087
INTRODUCTION:
H.R Spurrier has submitted an application for vacation an easement within Minnesota Valley
2nd Addition. The proposed area for vacation is located within Lot 4, Block 2, Minnesota
Valley 2 Addition.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission has reviewed this request and has recommended approval of the
request. Attached, for your review, is a copy of the Planning Commission report of June 21,
2001.
ALTERNATIVES:
1. Approve Resolution No. 5549, a resolution of the City of Shakopee approving the
vacation of easement within Minnesota Valley 2 Addition.
2. Deny the proposed vacation.
3. Continue the public hearing.
4. Close the public hearing and table the request to allow staff or the applicant time to
provide additional information_
ACTION REQUESTED:
Offer a motion to approve Resolution No. 5549, and move its adoption.
Klima
ier II
,a Acc \2001 \cc07I ftacbosputriendoc
RESOLUTION NO. 5549
• RESOLUTION OF 1 OF 1'
WITHIN VACATING EASEMENT I / D ADDITION,
CITY OF / ' EE, SCOTT COUNTY, MINNESOTA
WHEREAS, it has been made to appear to the Shakopee City Council that the easement area
described below, serve no public use or interest,
The easterly 5 feet of the 10 foot utility and drainage easement on the westerly lot line of Lot 4, Block
2, Minnesota Valley 2' d Addition, Scott County, Minnesota, excepting therefrom the southerly 5 feet
and northerly 10 feet ofsaid utility and drainage easement on the westerly lot line of said Lot 4.
WHEREAS, the public hearing to consider the action to vacate was held in the Council
Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 10 day of July, 2001; and
WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEYNEWS
and by posting such notice on the bulletin boards on the main floor of the Scott County
Courthouse, at the U.S. Post Office, at the Shakopee Public Library, and in the Shakopee City
Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to
be heard at the public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. That it finds and determines that the vacation hereinafter described is in the public interest;
2. That the easement described above serve no further public purpose; and
3. That the easement described above is hereby vacated.
4. This vacation of easement does not impact the transmission line easement on Lot 4, Block
2, Minnesota Valley 2n Addition.
After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County
Auditor and County Recorder of Scott County.
Adopted in session of the City Council of the City of Shakopee, Minnesota, held the
day of . 2001.
Jon P. Brekke
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
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. 5549, presented to and
adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof
held on the day of , 2001, as shown by the minutes of the meeting in
my possession.
Dated this day of , 2001.
Judith S. Cox, City Clerk
•
CITY OF SHAKOPEE
Memorandum
TO Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Easement within Minnesota Valley 2` Addition
MEETING ATE: June 21, 2001
Site Information
Applicant: H.R. Spurrier
Site Location: Lot 4, Block 2, Minnesota Valley 2° Addition
Adjacent Zoning. North: Urban Residential (R -1B) Zone
South: Urban Residential (R -1B) Zone
West: Urban Residential (R -1B) Zone
East: Urban Residential (R -1B) Zone
Introduction
The City Council has received a request from H.R. Spurrier to consider the vacation of a
portion of drainage and utility easement located within Lot 4, Block 2, Nfinnesota Valley 2°
Addition (see Exhibit A).
Discussion
The City Council will hold a public hearing on July 10, 2001, to consider this vacation request.
A recommendation from the Planning Commission is needed for the vacation process. Please
refer to Exhibit B for information provided by the applicant.
Other agencies, city departments and utilities have been notified of the proposed vacation.
Staff has not received any adverse comment relative to the vacation request.
Alternatives
1. Recommend to the City Council the approval of the vacation.
2. Recommend to the City Council denial of the request.
3. Table the decision to allow staff or the applicant time to provide additional information.
Staff' Recommendation
Staff recommends Alternative No. 1, recommending approval of the easement vacation
request to the City Council.
Action Requested
Offer and pass a motion recommending to the City Council approval of the easement vacation.
\boaa- p- r 21 \vacspurrier.doc
00'r
RI
Zoning Boundar
Parcel Bound:A
Applicant's Name: Henry R. Spurrier
Address: 1717 Presidential Lane
Phone Number: 952 -496 -0106 FAX Number: 612- 335 -6986
Property Owner: Henry R_ and Gwen D. Spurrier
Address: 1717 Presidential Lane
Phone Number: 952- 496 -0106 FAX Number: 612- 335 -6986
•
1. Current legal descriptions of all parcels (lot survey attached): Lot 4, Block 2, NiNNESOTA
VALLEY 2ND ADDITION (torrens property)
2. PID Number: 27-0740110
3. Property Acreage: 0.2893 acres (12,600 sq ft)
4. Present Zoning: R -1
5. Requested Zoning: N/A
6. Existing Zoning: RI
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: The easterly 5 feet of the 10 foot
utility and drainage easement on the westerly lot line of Lot 4, Block 2, NffNNESOTA
VALLEY 2ND ADDITION, Scott County, Minnesota, excepting therefrom the southerly 5
feet and the northerly 10 feet of said utility and drainage easement on the westerly lot line of
said Lot 4.
10. Size and dimension of proposed vacation: (See description above)
11 Right-of-wav names: N/A
Page 1 of 2
Gwen D. Spurrier, Property Owner
City staff has ten days from the date of application to determine
if an application is complete. Incomplete applications will not be processed.
Page 2 of 2
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Certificate of
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Scale: 1"
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Description: Lot 4, Block Z,
MINNESOTA VALLEY 2ND ADDITION
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CITY OF SHAKOPEE
Memorandum
T: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Text amendment regarding the Multiple - Family Residential (R -3)
Zone
MEETING DATE: July 10, 2001
M
Earlier this year, Council directed staff to prepare proposed teat amendments related
principally to the density in the Multiple Family Residential District (R -3). From March
through June, the Planning Commission reviewed, and provided direction to staff regarding
the proffered alternatives. Attached for the Council's information are copies of the reports
that went to the Planning Commission for its March 22 and June 7, 2001 meeting.
1. Consistent with the Planning Commission recommendation, do not take any action or
provide any direction at this time.
2_ Provide staff with direction to prepare an ordinance consistent with the alternative
detailed in the June 7 memorandum to the Planning Commission.
3. Provide staff with direction to prepare an ordinance consistent with the alternative
detailed in the March 22nd memorandum to the Planning Commission.
4_ Provide staff with direction to prepare an ordinance consistent with some other
alternative.
5. Table the matter for additional information.
1 e o
By a vote of 4 -2, the Commission recommended alternative 1 at this time, with direction to
address the issue in a complete revision of the Zoning Chapter, i.e. Chap. 11 _
`TI Il W;1
Offer and pass a motion consistent with the Council's wishes.
4
R. Michael Leek
Community Development Director
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Text amendment regarding the Multiple - Family Residential (R -3)
Zone
MEETING DATE: June 7, 2001
At its April 19 meeting, because there was a clear difference of opinion on the
Commission, it was decided to continue the public hearing on this item so that more time
would be available to discuss it. Since that meeting, staff shared the proposed changes
with the City Council at its April 23 workshop. On May 17, 2001, at staff s request, the
item was continued again.
To refresh the Commission's recollection, specific items of direction from the Council
included the following;
1. A decrease in the density allowed in the Multiple Family Residential Zone;
2. An implementation of an open space requirement for the R -3 zone;
3. An increase in parking requirements for the R -3 zone
POSSIBLE CHANGES TO MULTIPLE FAMILY RESIDENT ZONE ( -3) (as
modified based on Commission Comments):
Density:
Staff suggests the following changes for the Commission's consideration;
City Code Sec. 11.33. MULTIPLE-FAMILY RESIDENTIAL ZONE (R -3)
(Reserved)
POSSIBLE CHANGES TO MEDIUM DENSITY RESIDENTIAL ZONE (R -2)
Subd. 1. Purpose. The purpose of the medium density residential zone is to provide an
area which will allow twe and ene half (2_' 2) 5.01 to twelve (12) residential dwellings
per acre and also provide a transitional zone between single family residential and other
land uses.
2
Subd. 5. Design Sta ndards.
A. Density: a minimum of five and one -tenth (5.01) and a maximum twelve (12)
dwellings per acre. Streets shall be excluded in calculating acreage.
1 Density bonuses in Planned Unit Developments UDs) — In the
event that a proposed PUD in the R -3 Zone exceeds the
requirements for parking or open space by 25% or more the City
Council maygrant a density bonus of two (2) dwelling unit per acre
to allow a density of up to fourteen (14) dwelling units per acre.
Staff has looked at other options, especially as they relate to density. These include;
Setting square footages for types of multiple family dtivellings (1- bedroom, 2 bedroom,
3- bedroom, etc), and basing densities on divelling types;
Staff has reviewed several codes that take this approach, and has the following comments;
• Because market standards for dwelling unit size are subject to change over time,
this approach may become rapidly outdated.
• This approach would be very complex to understand, explain, and administer.
Increasing densities by limiting building coverage, but increasing allofvable building
height
An example of this approach is demonstrated by the attached table from the Savage zoning
ordinance. This approach requires 1) a certain amount of site area per dwelling unit, 2) a
certain amount of open space per dwelling unit, 3) a floor area ratio, and 4) a building
coverage ratio. The result of this approach is that there is not a specific limit on density,
but rather it may vary from project to project.
If the Commission is interested in these alternatives, it should provide staff with direction
to develop specific proposals for their consideration.
1. Direct staff to prepare an ordinance amending City Code Chap_ 11 as outlined above.
2. Direct staff to prepare an ordinance amending City Code Chap. 11 based on other
direction from the Commission for action at the next regular meeting.
3. Continue the public hearing.
4. Close the public hearing, but table the matter to request additional information_
1 i0
Offer and pass a motion consistent with alternatives 1 or 2.
R. Michael Leek
Community Development Director
i_\commdev \boaapc\2001 \0222 \bc R3.doc
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Text amendment regarding the Multiple - Family Residential (R -3)
Zone
MEETING DATE: March 22, 2001
1 1
At its January 16, 2001 meeting, after discussing the proposal for rezoning of property east
of CSAH 17 and north of CSAH 16, the Council directed staff to initiate revision of the
Multiple Family Residential Zone (R -3) regulations to require open space as a part of
developments in those districts. On February 8 staff carried proposed alternatives to the
Commission, which was unable to address them because of time constraints. On March 6,
2001 the Council discussed a possible moratorium on "R -3" development. Rather than
enacting a moratorium at this time, the Council directed staff to move forward with
proposed text amendments.
Specific items of direction from the Council included the following;
4. A decrease in the density allowed in the Multiple Family Residential Zone,
5. An implementation of an open space requirement for the R -3 zone;
6. An increase in parking requirements for the R -3 zone
Density:
Staff suggests the following changes for the Commission's consideration;
ID
City Code Sec. 11.33. LT LE- FAMILY RESIDENTIAL ZONE (R -3)
Subd. 1. Purpose. The purpose of the multiple - family zone is to provide an area which
will allow sbgo 8.01 to eighteen " 8 ' twelve (12) multiple - family dwelling units per acre,
and also provide a transitional zone between single - family residential areas, medium -
density residential areas and other land uses.
Subd. 5. Desizn Standards.
D. Density: a minimum of seven (7) 8.01 and a maximum of eighteen (1) twelve
12 dwellings per acre. Streets shall be excluded in calculating acreage.
1 Density bonuses in Planned Unit Developments (PUDs) — In the
event that a proposed PUD in the R -3 Zone exceeds the
requirements for parking or open space the City Council may grant
a density bonus of up to two (2 ) dwelling units per acre to allow a
densit�of p to fourteen (14) dwelling units per acre.
Open Space:
Alternatives that are available include amending Subd. 5. Design Standards in one of the
following ways;
1. Amend City Code Sec. 11.34 to require open space much as the Planned Unit
Development (PUD) ordinance does. The PUD ordinance requires 15% open space,
with what is acceptable more specifically defined.
2. Apply the standards used for dete public park area required, and amend City
Code Sec. 11.34 to require at least one (1) acre of open space per 75 persons who are
expected to occupy the proposed development.
3. Apply the standards used for determining public park area required, and amend City
Code Sec. 11.34 to require at least one (1) acre of open space per 75 persons who are
expected to occupy the proposed development. Further revise Sec. 11.34 to specify the
types of open space or recreational areas that will be required, as well as their
minimum sizes.
Parking:
Council's Concern has been that the current parking ratio (2 spaces per dwelling unit) is
insufficient to insure that projects in the R -3 zone have sufficient emergency or visitor
parking. To address that, the Commission can consider the following amendment;
City Code Sec. 11.61. Parking. Subd. 4. Required Number of Parking Spaces.
Amend Table 2 as follows;
1. Residential and Lodging
a_ Single- family, two - family, 2 per dwelling
OF multiple family dwellings
b Multiple- family dwellings 2.25 per dwelling
POSSIBLE CHANGES TO MEDI (TM DENSITY RESIDENTIAL ZONE (R -2)
With the proposed change in the R -3 Zone, it would be appropriate to adjust the R -2 Zone
(City Code Sec. 11.32) accordingly as follows:
Subd. 1. Purpose. The purpose of the medium density residential zone is to provide an
area which will allow two and half (2 � 5.01 to eight (8) residential dwellings per
acre and also provide a transitional zone between single family residential and other land
uses.
Subd. 5. Design Standards.
D
B. Density a minimum of five and one -tenth (5.01) and a maximum eight 8 ef
eleven (1-1) dwellings per acre_ Streets shall be excluded in calculating acreage.
Staff has looked at other options, especially as they relate to density. These include;
• Setting square footages for types of multiple - family dwellings (1- bedroom, 2
bedroom, 3- bedroom, etc), and basing densities on dwelling types;
• Increasing densities by limiting building coverage, but increasing allowable building
height_
If the Commission is interested in these alternatives, it should provide staff with direction
to develop specific proposals for their consideration.
5. Direct staff to prepare an ordinance amending City Code Chap. 11 as outlined above
for the R -3, R -2, and Parking sections of the Chapter.
6. Direct staff to prepare an ordinance amending City Code Chap. 11 based on other
direction from the Commission for action at the next regular meeting.
7. Continue the public hearing.
8. Close the public hearing, but table the matter to request additional information.
Offer and pass a motion consistent with alternatives 1 or 2.
R. Michael Leek
Community Development Director
iAcommdev \boaapc\2001 \0222 \txtR3. doc
7
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 01082
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I
SUBJECT: Amendment to the Zoning Map - Rezone property from
Agricultural Preservation (AG) to Urban Residential (R -1B)
DATE: July 10, 2001
s,
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INTRODUCTION:
Tollefson Development, Inc. has requested that the City amend the Official Zoning Map by rezoning
property currently zoned as Agricultural Preservation (AG) to Urban Residential (R -1B). The property is
located north of Valley View Road, east of Pheasant Run and West of County Road 83. The 1995 and
Draft Land Use Plans guide this property for single- family residential purposes.
PLANNING COMMISSION RECOMMENDATION:
At its June 21, 2001 meeting, the Planning Commission took public testimony and reviewed this request.
After review and discussion, a motion to recommend approval of the request to rezone the subject property
from Agricultural Preservation (AG) to Urban Residential (R -1B) Zone was approved by a vote of 5 to 0.
Provided for your information is a copy of the June 21, 2001 memorandum to the Planning Commission.
Ordinance No. 602 has been drafted for the Council's review and approval.
ALTERNATIVES:
1. Approve the request to rezone the subject property from Agricultural Preservation (AG) to Urban
Residential (R -1B) Zone.
2. Deny the request to rezone the subject property from Agricultural Preservation (AG) to Urban
Residential (R -1B) Zone.
3. Continue the public hearing and request additional information from the applicant or staff.
ACTION REQUESTED:
Offer a motion to approve Ordinance No. 602, approval of the request to rezone the subject property from
Agricultural Preservation (AG) to Urban Residential (R -1B) Zone.
�dr.11111viwffi
gACC\200 1\071 0\rzgreenfld.doc
WHEREAS, Tollefson Development Inc., applicant, and Gene Hauer and John
O'Loughlin, property owners, have requested the rezoning of land from Agricultural
Preservation (AG) Zone to Urban Residential (R -1B) Zone;
WHEREAS, the subject property is legally described as follows:
The East 2 of the Southeast %4 and the East % of the West z of the Southeast Y4 of Section
17, Township 115, Range 22, Scott County, Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on June 21, 2001, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meeting of July 10, 2001, and found
that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City
within which it is located.
THE CITY COUNCIL. OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by
rezoning the property referenced herein, from Agricultural Preservation (AG) Zone to Urban
Residential (R -1B) Zone.
Section 2 - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Passed in
Minnesota, held this day of
Attest:
Judith S. Cox, City Clerk
session of the City Council of the City of Shakopee,
.2001.
Mayor of the City of Shakopee
Published in the Shakopee Valley News on the day of , 2001.
CITE' OF SHAKOPEE
Memorandum
CASE NO.: 01082
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner I
SUBJECT: Amendment to the Zoning Map - Rezone property from
Agricultural Preservation (AG) to Urban Residential (R -1B)
DATE: June 21, 2001
Site Information
Applicant: Tollefson Development, Inc.
Property Owners: Gene Hauer and John O'Loughlin
Location: East of Pheasant Run Street, West of County Road 83 and North of Valley
View Road
Adjacent Zoning: North: Agricultural Preservation (AG)
South: Rural Residential (RR)
East: Agricultural Preservation (AG)
West: Urban Residential (R -1B)
MUSA: The site is within the MUSA boundary.
Acreage: 118.2 Acres
Attachments: Exhibit A: Zoning/Location Map
Exhibit B: City Code Section 11.22 Agricultural Preservation (AG)
Regulations
Exhibit C: City Code Section 11.28 Urban Residential (R -1B)
Regulations
Exhibit D: Preliminary Site Layout
Discussion:
The applicant is requesting that the City amend the Official Zoning Map by rezoning property
currently zoned as Agricultural Preservation (AG) to Urban Residential (R -1B). Please see Exhibit
A for the location of the subject site. The preliminary layout for this proposal shows the creation of
306 lots, with an average lot size of approximately 11,500 square feet (see Exhibit D). The density
of this development will be consistent with the requirements of the R -1B Zone, which is a
maximum of 5 units per acre. Specific lot and street layout will be addressed in the preliminary plat
process provided this rezoning request is approved.
The Comprehensive Plan has set basic policies to guide the development of the City. The purpose
of designating different areas for residential, commercial, and industrial land uses is to promote the
location of compatible land uses, as well as to prevent incompatible land uses from being located in
close proximity to one another. The Zoning Ordinance is one of the legal means by which the City
implements the Comprehensive Plan. Exhibits B and C provide a listing of the uses, both permitted
and conditional, that are allowed in the Agricultural Preservation (AG) and Urban Residential (R-
1 B) Zones.
The 1995 and Draft Land Use Plans guide this property for single - family residential purposes. A
copy of the land use plans are available for viewing at City Hall and will be made available at the
June 21, 2001, meeting.
The Acting Building Official has commented that temporary street signs are required for inspection
and emergency service.
Shakopee Public Utilities has commented that municipal water and underground electric services
are available to the subject property as well as street lighting installation.
Scott County Public Works has commented that they would like to comment on any concept plans,
or other planning actions for the property, and that they support a north -south collector road through
this property.
Findings
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff
findings.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 The original Zoning Ordinance is not in error.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies have taken place. With the
opening of Highway 169, the City has experienced significant growth and demand
for residential sites. The rezoning of this property would provide additional
developable property for single-family residential uses.
Criteria #3 That significant changes in City -wide or neighborhood development patterns
have occurred; or
Finding #3 Significant changes in City -wide or neighborhood development patterns have
occurred. With the construction and opening of Highway 169, this portion of
Shakopee has experienced increased visibility and improved access, which has led
to significant development for the area.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The proposed rezoning would not be in conflict with the Comprehensive Plan.
2
Alternatives:
1. Recommend to the City Council the approval of the request to rezone the subject property
from Agricultural Preservation (AG) to Urban Residential (R -1B) Zone.
2. Recommend to the City Council the denial of the request to rezone the subject property from
Agricultural Preservation (AG) to Urban Residential (R -1B) Zone.
3. Continue the public hearing and request additional information from the applicant or staff.
Staff Recommendation:
Staff recommends Alternative No. 1, recommending to the City Council the approval of the request
to rezone the subject property from Agricultural Preservation (AG) to Urban Residential (R -1B)
Zone.
Action Requested:
Offer a motion to recommend to the City Council the approval of the request to rezone the subject
property from Agricultural Preservation (AG) to Urban Residential (R -1B) Zone.
ark Nobl
Planner I
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§11.22
Subd. 1. Pumose, The purpose of the agricultural preservation zone is to preserve and promote
agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered
and leap -frog non -farm growth, and to prevent premature expenditures for such public services as
roads, sewer, water, and police and fire protection.
Subd 2 Permitted Uses, Within the agricultural preservation zone, no structure or land shall be
used except for one or more of the following uses:
A. agricultural uses;
B. single family detached dwellings;
C. forestry and nursery uses;
D. seasonal produce stands;
E. riding academies:
F. utility services;
G. public recreation;
H. public buildings;
I, day care facilities serving twelve (12) or fewer persons;
J. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1. serve twelve (12) or fewer persons;
2, provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
page revised in 19%
1111
§11.22
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization white participants
are using common space; and
S. comply with all other state ricensing requirements. (Ord. 482, May 15,
1997)
J group family day care facilities serving fourteen (14) or fewer children; or
K. residential facilities serving sic (6) or fewer persons.
Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be
used for the following uses except by conditional use permit:
A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or
structures used for the confined feeding of livestock or other animals for food, fur,
pleasure, or resale purposes;
B. (Deleted, Ord. 501, September 18, 1997)
C. retail sales of nursery and garden supplies;
D. cemeteries;
E. churches and other places of worship;
F. agricultural research facilities, which are facilities specifically operated for the
purpose of conducting research in the production of agricultural crops, including
research aimed at developing plant varieties. This term specifically excludes
research regarding the development or research of soil conditioners, fertilizers, or
other chemical additives placed in or on the soil or for the experimental raising of
animals;
G. animal hospitals and veterinary clinics;
H. kennels. A kennel is any premise in which more than two (2) domestic animals,
over six (6) months of age, are boarded, bred or offered for sale;
I, public or private schools having a course of instruction approved by the Minnesota
Department of Education for students enrolled in K through grade 12, or any portion
thereof;
J. commercial recreation, minor,
K, utility service structures;
L. day care facilities serving thirteen (13) through sixteen (16) persons;
M. adult day care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1, serve thirteen (13) or more persons;
page revved in 1997
1112
§11.22
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure(recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
fourty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
S. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997)
N. residential facilities serving from seven (7) through sixteen (16) persons;
O, wind energy conversion systems or windmills;
P. relocated structures;
Q, structures over two and one -hall (2 -112) stories or thirty -five (35) feet in height;
R. developments containing more than one (1) principal structure per lot; or
S. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 528, October 29, 1998)
Subd 4 Permitted'Accessory Us es. Within the agricultural preservation zone the following uses
shall be permitted accessory uses:
A- machinery and structures necessary to the conduct of agricultural operations;
B. garages;
page revised in 1998
1113
1 §1122
C. fences;
D. recreational equipment;
E. stables;
F. swimming pools;
G. solar equipment;
H. tennis courts;
I. receive only satellite dish antennas and other antenna devices;
J. home occupations contingent upon approval of a home occupation permit; or (Ord.
501, September 18, 1997)
K. other accessory uses, as determined by the Zoning Administrator.
Subd 5 Design Standards. Within the agricultural preservation zone, no land shall be used, and
no structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: one dwelling per forty (40) acres.
B. Lot specifications:
Minimum lot width: 1000 feet.
Minimum lot depth: 1000 feet.
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet.
Minimum rearyard setback: 40 feet.
C. Maximum height: Thirty-five (35) feet. Grain elevators, barns, silos, and elevator
lags may exceed this limitation without a conditional use permit.
Subd S.- Additional Requiremen
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
S. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord.
279, December 1, 1989; Ord. 304, November 7,1991; Ord. 377, July 7, 1994; Ord.
435, November 30, 19 95)
SEC. 1123. Reserved.
peg• rowed in 1997
1114
w
§11.28
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 377, July 7,1994; Ord. 435, November 30, 1995)
SEC. 11.27. Reserved.
SEC. 1128. URBAN RESIDENT ZONE (R -1 B).
Subd. 1. Purpose. The purpose of the urban residential zone is to provide an area for residential
development where public sanitary sewer and water are available.
Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used
except for one (1) or more of the following uses:
A. single family detached dwellings;
B. existing single family attached dwellings;
C. existing two (2) family dwellings;
D. public recreation;
E. utility services;
F. public buildings;
G. day care facilities serving twelve (12) or fewer persons;
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day care center shall:
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
page revised in 1997
1129
§11.28
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multif unctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
5. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
1. group family day care facilities serving fourteen (14) or fewer children;
J. residential facilities serving sic (6) or fewer persons; or
K. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5 of
this Section. (Ord. 496, August 21, 1997)
Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used
for the following uses except by conditional use permit:
A. churches and other places of worship;
B. (Deleted, Ord. 501, September 18, 1997)
D. cemeteries;
D. public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
E. bed and breakfast inns;
F. utility service structures;
G. day care facilities serving thirteen (13) through sixteen (16) persons;
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day centers shall:
1. serve thirteen (13) or more persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
page reined in 1997
1130
§11.28
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the fumiture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
I. residential facilities servicing from seven (7) through sixteen (16) persons;
J. relocated structures;
K. structures over two and one -half (2 -1/2) stories or thirty-five (35) feet in height;
L. developments containing more than one (1) principal structure per lot; or
M. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 501, September 18, 1997; Ord. 528, October 29,
1998)
Subd 4 Permitted Accessory Uses. Within the urban residential zone, the following uses shall
be permitted accessory uses:
A. garages;
B. fences;
C. recreation equipment;
D. gardening and other horticultural uses not involving retail sales;
E. communication service apparatus/device(s) as permitted accessory uses, subject to
the following conditions:
1. shall be co- located on an existing tower or an existing structure;
page omsed in 1998
1131
§11.28
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s) apparatus);
3. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
4, signage shall not be allowed on the communication service
devices) /apparatus other than danger or warning type signs;
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6, shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
7. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
8. all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an approved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9. the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and/or communication
devices(s) /apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
• City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
• commercial recreation areas and major playfields used primarily by
adults;
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; (Ord. 479, March 13, 1997)
F. swimming pools;
G. tennis courts;
H. home occupations contingent upon approval of a home occupation permit; (Ord.
501, September 18, 1997)
solar equipment; or
page revised in 1997
1132
§11.29
J. other accessory uses, as determined by the Zoning Administrator.
Subd. S. Design Standards. Within the urban residential zone, no Land shall be used, and no
structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: five (5) dwellings per acre. Streets shall be excluded in
calculating acreage.
B. Maximum impervious surface percentage: 50 1 /6
C. Lot specifications:
Minimum lot width (single - family detached): 60 feet;
(existing two- family dwelling): 70 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 30 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Subd 6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25,1979; Ord. 60, May 14,1981; Ord. 159,
February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30, 1995)
SEC. 1129. Reserved.
page revised in 1997
1133
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Mem
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Amendment to the Zoning Map — Rezone property from Agricultural
Preservation (AG) Zone to Medium Density Residential (R2) Zone
MEETING DATE: July 10, 2001
CASELOG NO.: 01 -081
INTRODUCTION:
Tollefson Development, Inc. has requested that the City amend its zoning map to rezone property
currently zoned Agricultural Preservation (AG) Zone to Medium Density Residential (R2) Zone.
The property is located north of 17"' Avenue extended, east of CSAH 17, and west of CSAH 83. The
adopted Comprehensive Plan guides this area for Single Family Residential purposes_ The draft
Comprehensive Plan guides this area for Planned Residential purposes.
PLANNING COMMISSION RECOMMENDATION:
At its June 21, 2001, meeting, the Planning Commission took public testimony and reviewed this
request. After review and discussion, a motion to recommend denial of the rezoning request was
approved unanimously based on the request being inconsistent with the adopted land use plan.
Provided for your reference is a copy of the June 21, 2001 memorandum to the Planning Commission.
ALTERNATIVES:
1. Approve the request to rezone property from Agricultural Preservation (AG) Zone to
Medium Density Residential (R2) Zone and direct staff to prepare an ordinance approving
the rezoning.
2. Deny the request to rezone property from Agricultural Preservation (AG) Zone to Medium
Density Residential (R2) Zone and direct staff to prepare a resolution denying the rezoning
request.
_ Table the decision and request additional information from the applicant and/or staff.
g Acc\ 2001 \cc0710\rezt011efsonsr2. doc
4;< F
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural
Preserve (AG) to Medium Density Residential (R2)
MEETING DATE: June 21, 2001
REVIEW PERIOD: May 15, 2001 - September 12, 2001
CASELOG NO.: 01 -081
Site formation:
Applicant: Tollefson Land Development
Property Owner: Gene Hauer
Location: North of 17"' Avenue extended, east of CSAH 17, west of CSAH 18
Adjacent Zoning: North: Agricultural Preservation (AG)
South: Agricultural Preservation (AG)
East: Agricultural Preservation (AG)
West: Medium Density Residential (R -2) /Agricultural Preservation (AG)
MUSA: The site is within the current MUSA boundary.
INTRODUCTION:
Tollefson Land Development has requested that the City amend its zoning map to rezone property
currently zoned Agricultural Preservation (AG) to Medium Density Residential (R -2). The property
is located north of 17''' Avenue extended, east of County Road 17, and west of County Road 83
(please see Exhibit A). The approved 1995 Comprehensive Plan guides this property as single family
residential. The draft Comprehensive Plan guides the property for planned residential development.
The City's Comprehensive Plan sets basic policies to guide the development of the City. The purpose
of designating different areas for residential, commercial, and industrial land uses is to promote the
location of compatible land uses, as well as to prevent incompatible land uses from being located in
close proximity to one another_ The Zoning Ordinance is one of the legal means by which the City
implements the Comprehensive Plan. Under Minnesota statute, zoning is to conform with a city's
comprehensive plan.
The proposed rezoning is not consistent with the adopted land use plan. However, the draft
Comprehensive Plan provides for Planned Residential development for the property. The density
allowed with this designations is consistent with the density allowed within the requested zoning
district of Medium Density Residential (R2), Exhibits B and C provide a listing of the uses, both
permitted and conditional, that are allowed in the Agricultural Preservation (AG) and Medium
Density Residential (R -2) zones_ Copies of the land use plans are available for viewing at City
all and will be made available at the June 21, 2001 meeting.
FINDINGS:
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with
proposed findings for the Commission's consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Filldillg - 41 The original zoning ordinatice is nol in error.
Criteria 92 That significant changes in community goals and policies have taken place;
Fit idilig - 2 Sign f cant changes in community goals and policies have not taken place relative to
the subject property.
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding 93 Development of the subject property for residential use will be consistent with desired
development patterns for this area of the City.
Criteria #4 That the comprehensive plan requires a different provision.
Fit iding g4 The densities allowed with the proposed rezoning would be consistent with the
proposed Comprehensive Plan land use map.
ALTERNATIVES:
1. Recommend to the City Council the approval of the request to rezone the subject property
from Agricultural Preservation (AG) to Medium Density Residential (R -2).
2. Do not recommend to the City Council the approval of the request to rezone the subject
property from Agricultural Preservation (AG) to Medium Density Residential (R -2).
3. Continue the public hearing and request additional information from the applicant or staff.
4. Close the public hearing, but table the matter and request additional information.
STAFF COMMENDATION:
Staff recommends Alternative No. 1, recommend to the City Council the approval of the request to
rezone the subject property from Agricultural Preservation (AG) to Medium Density Residential (R-
2).
2
g:\ boaa- pc\2001 \06 -2 Emollefsonr2_doc
• - Boundary
Parcel Boundary
•
SEC. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R -2).
§11.32
Subd.1. purpose. The purpose of the medium density residential zone is to provide an area which
will allow two and one -half (2.5) to eight (8) residential dwellings per acre and also provide a
transitional zone between single family residential areas and other land uses.
Subd 2 Permitted Uses. Within the medium density residential zone, no structure or land shall be
used except for one (1) or more of the following uses:
A. residential structures containing two (2) to four (4) dwelling units;
B. existing single family dwellings;
C. public recreation;
D. utility services;
E. public buildings;
F. day care facilities serving twelve (12) or fewer persons;
G. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1, serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization lt the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count_
a, hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
b, more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization whale participants
are using common space; and
S. . comply with all other state licensing requirements; (Ord. 482, May 15,1997)
pogo rw4s®d in 1897
1151
§11.32
H. residential facilities serving six (6) or fewer persons; or
L townhouses (Ord. 467, December 19, 1996)
D. cemeteries;
E. churches and other places of worship;
F. public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
G. nursing homes;
H. bed and breakfast inns;
1. utility service structures;
J. day care facilities serving from thirteen (13) through sixteen (16) persons;
K. adult day care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1. serve thirteen (13) or more persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisuretrecreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
page revised in 1997
1152
§11.32
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
using C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are common space;
5, provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997)
L residential facilities serving from seven (7) through sixteen (16) persons;
M. relocated structures;
N. structures over two and one -half (2 -1/2) stories or thirty -five (35) feet in height;
p. developments containing more than one (1) principal structure per lot; or
P. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 528, October 29, 1998)
Subd 4 Permitted Accessory Uses. Within the medium density residential zone, the following
uses shall be permitted accessory uses:
A. open off- street parking spaces not to exceed three (3) spaces per dwelling unit;
B. garages;
C. fences;
D. gardening and other horticultural uses not involving retail sales;
E. communication service apparatus/device(s) as permitted accessory uses, subject to
the following conditions:
1. shall be co- located on an existing tower or an existing structure;
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s) apparatus);
3. rights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
. signage shall not be allowed on the communication service
device(syapparatus other than danger or warning type signs;
p..,.N•.a m ION
1153
§11.32
S. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6. shall be boated and have an exterior finish that minimizes visibility off -site
to the maximum extent possible;
7. applicable provisions of the City Code, including the provisions of the State
Buildnng Code therein adopted, shall be complied with;
a. aii obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an approved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9, the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and/or communication
devices(s) /apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
• City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
® commercial recreation areas and major playfields used primarily by
adults;
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Paris
Reserve Fund; (Ord. 479, March 13, 1997)
G. tennis courts;
H. receive only satellite dish antennas and other antennas;
I, home occupations contingent upon approval of a home occupation permit; (Ord-
Sol, September 18, 1997)
J. solar equipment; or
K. other accessory uses, as determined by the Zoning Administrator.
Subd. S. Design Standards. Within the medium density residential zone, no IaM shall be used,
conformance with the following
and no struMre shall be constructed or used, except in requirements:
p.q• rwmw in 1997
1154
§11.32
A. Density. a minimum of five (5) and a maximum of elevel (11) dwellings per acre.
Streets shall be excluded in calculating acreage.
g_ Maximum impervious surface percentage: 60%
C. Lot specifications:
Minimum lot width (single- family detached): 60 feet;
(two-family dwelling): 70 feet;
(multiple- family dwelling): 100 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 35 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
In the case of townhouse developments which contain both public streets and
private streets or driveways, the front yard setback on public streets may be
reduced to the average setback from private streets or driveways, so long as the
front yard setback from any public street in the development is no less than 20 feet.
(Ord. 467, December 19, 1996)
D. Maximum height: No structure shall exceed thirty -five (35) feet in height without a
conditional use permit.
Subd S. Additional Requiremen
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shalt have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14,1981; Ord. 159,
February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30, 1995)
SEC. 11.33. Reserved.
po" rwA. d in 1997
1155
_ *3 W CKU2K
MUM
; d 1'2. The purpose of the agrir
agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered
egg ent mature mmenditures for such public services as
gre
Subd. 2. p Uses. Within the agricultural preservation zone, no structure or IaM shaJ b"-
used except for one or more of the following uses: I
A. agricultural uses;
B. single family detached dwellings;
C. forestry and nursery uses;
D. seasonal produce stands;
E. riding academies;
F. utility services;
G. public recreation;
H. public buildings;
1. day care facilities serving twelve (12) or fewer persons;
J. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
p•q• r•N••d in 1496
9111
am
C. in a multifunctional organization, any space occwied by personz
associated with the i! 1:• a organization while • _ 1 .• _ : ,..
are using common space; and
S. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
K. residential facilities serving six (6) or fewer persons.
Subd. 3. Conditio VUU-222, Within the agricultural preservation zone, no structure or land sil -a' ba
u sed for the fokwing uses exce by conditional use permit
A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or
structures used for the confined feeding of livestock or other animals for food, fur,
pleasure, or resale purposes;
B. (Deleted. Ord. 501, September 18. 1997)
C. retail sales of nursery and garden supplies;
D. cemetenes;
E. churches and other places of worship;
F. agricultural research facilities, which are facilities specifically operated for the
purpose of conducting research in the production of agricultural crops, including
research aimed at developing plant varieties. This term specifically excludes
research regarding the development or research of soil conditioners, fertilizers, or
other chemical additives placed in or on the soil or for the experimental raising of
animals;
G. animal hospitals and veterinary clinics;
H. kennels. A kennel is any premise in which more than two (2) domestic animals,
over six (6) months of age, are boarded, bred or offered for sale;
L public or private schools having a course of instruction approved by the Minnesota
Department of Education for students enrolled in K through grade 12, or any portion
thereof;
K. utility service structures;
L. day care facilities serving thirteen (13) through sixteen (16) persons;
M. adult day care centers as conditional use, subject to the following conditions: The
adult day care centers s .
1, serve thirteen (13) or more persons;
pp•,.m.d m IM7
1112
Z provide proof of an adequate water and sewer system if not served by
munkipal utilities:
3. have outdoor leisure/recreation areas located and designed to minimize
visual and noise impacts on ad#acent
. the total indoor space available for use by participants must equal at least
fourty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
rnultfffunctional organization, the center may share a common space with
the multifunctional organization I the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas:
b. more than 25°0 of the space occupied by the fumiture or
equipment used by participants or staff: or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
S. provide proof of state, federal and other govemmental licensing agency
approval; and
6. comply with all other state 1'icensing requirements; (Ord. 482, May 15, 1997)
N. residential facilities serving from seven (7) through sixteen (16) persons;
0, wind energy conversion systems or windmills;
permitted Subd. 4. Permitted'Accessory uses. Within the agricultural preservation zone the following uses
shall be accessory
A. machinery and structures necessary to the conduct of agricultural operations;
B. garages;
pp rwmad in I g"
1113
1 §11 22
J. home occupations contingent upon approval of a home occupation permit: or (Ord.
501, September 18, 1997)
K. other accessory uses, as determined by the Zoning Administrator.
Subd S Design Standar Within the agricultural preservation zone, no land shall be used, and
no structure shall be constructed or used, except in conformance with the following requirements:
qL Maximum density: one dwelling per forty (40) acres.
S. Lot specifications:
Minimum lot width: 1000 feet.
Minimum lot depth: 1000 feet_
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet
Minimum rear yard setback: 40 feet.
C. Maximum height: Thirty-five (35) feet. Grain elevators, hams, silos, and elevator
lags may exceed this limitation without a conditional use permit_
SEC. 11.23. Reserved-
p."
W ,,s.a m 1907
1114
City of Shakopee
Memorandum
To: Honorable Mayor, City Council
Mark McNeil, City Administrator /
From: Angela Trutnau, Police Officer
Date: July 10, 2001
Subject: Safe and Sober Grant
INTRODUCTION
The Police Department is seeking approval to participate with the Minnesota Department
of Public Safety in a Safe and Sober Grant.
BACKGROUND
The Safe and Sober project is a federally funded program administered by the Minnesota
Department of Public Safety (DPS) dedicated to addressing issues of traffic safety
through highly publicized overtime enforcement projects. Research has shown the top
two safety priorities are the reduction of impaired driving and the increase of safety belt
and child safety seat use. The research has shown enforcement efforts do not have a
lasting effect on drivers' behavior if the majority of the public is not aware of them.
Combining increased enforcement activity with public awareness efforts has been found
to result in long - lasting improvement on driver behavior.
The Safe and Sober Project had changed the number of enforcement waves (6) to match
the national enforcement waves. The scheduled enforcement waves focus around
Thanksgiving, Christmas, Valentine's Day, Spring proms and graduations, Independence
Day, and Labor Day. If the grant application is accepted and awarded, we would begin
media releases and enforcement activities in the Fall of 2001 and conclude the project in
the Fall of 2002.
The key objectives of the project are to reduce impaired driving, speeding and traffic
accidents while increasing seat belt usage in our community. Some key secondary
objectives include reducing alcohol usage by minors and a reduction in traffic related
complaints. The project should have a significant impact on the key and secondary
objectives, which will mean a safe community for our citizens and visitors.
BUDGET IMPACT
The grant has no impact on the existing budget. The grant does not require matching
funds from the City. There will be some administrative duties associated with the grant
which have been included in the application as our contribution to the overall value of the
grant.
ACTION REQUESTED
If Council concurs, they should, offer resolution 5556 which authorizes the appropriate
City staff to enter into the grant agreement with the Minnesota Department of Public
Safety, Office of Traffic safety for the project entitled Safe and Sober Communities
during the period from October 1, 2001 to September 30, 2002 for the amount awarded
by the Department of Public Safety, Office of Traffic Safety.
Officer Angela Trutnau
Shakopee Police Department
Resolution #5556
' IM111 I KH 0 UNION N U N F \I_I C
Be it resolved that the Shakopee Police Department enter into a grant agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled
Safe and Sober Communities during the period from October 1, 2001 through
September 30, 2002.
The City Administrator, on behalf of the Shakopee Police Department, is hereby
authorized to execute such agreements and amendments as are necessary to implement
the project on behalf of the Shakopee Police Department and to be the fiscal agent and
administer the grant.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held
this 10th day of July, 2001.
Signed
Mayor of the City of Shakopee
Title
July 10 2001
Date
Witness
Ci1y Clerk
Title
July 10 2001
Date
�a 6. .
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Park Land Purchase Consideration
DATE: July 5, 2001
I ' I-
The City Council is asked to consider the possible purchase of a 43.45 acre tract of land
located west of County Road 17, with frontage on Lake O'Dowd.
Recently, the City was made aware of this parcel of land as being listed as being for sale.
The Council had earlier considered, but then turned down pursuing another parcel of land
with O'Dowd frontage that was located north of this.
The 43.45 acre tract is located immediately south of Weinandt Acres, with an access from
County Road 17. The listing for the property shows 1500 feet of shoreline, but a portion
of that is due to a peninsula. The lakeshore dimension of the largest part of the parcel is
closer to 850 feet. There is a stand of oak trees near the shore area, and a large open area
to the east of the lake that has been farmed. That portion has some rolling hills, and
could be left as is, or graded to provide more active use areas in the future.
The parcel has an irregular shape. Future access from County Road 14 to the south could
be obtained from right -of -way dedication as that property to the south develops.
If the Council chooses to purchase this property, it would meet a CIP project that
identifies a need for a community park to be located somewhere between C.R. 83 and
C.R. 15, and south of the 169 By -pass. Last year's CIP identified $1 million for that
purchase in 2003. However, a review in June by the Park and Rec Advisory Board has
determined that the 50 -acre parcel acquisition would have to be deferred until 2006, due
to other demands. At that time, $1 million was to be provided from the Park Reserve
Fund. However, in both 2002 and 2003, the Park and Rec Advisory Board has
recommended that $500,000 be dedicated for a land fund; and $250,000 each year after
that.
It should also be noted that Realtor Dave Brown made the City aware of this property.
He has proposed to act as the City's realtor in this venture. In that, he can assist in
negotiations, or step out of it completely, if the City wants to negotiate. Some cities do
use realty companies in major land purchases. In Shakopee, the practice has been to have
an appraisal done, and offer that as a purchase amount. Depending upon the reaction, the
land is either purchased, dismissed as an option to purchase, or condemnation is
authorized by the Council.
Regardless of whether a realtor is chosen, the end financial result to the City will not
change, as the land was already listed with a realtor for the seller. The difference would
be that if the City does not employ Mr. Brown, or someone else as a realtor, the listing
realtor would keep the entire commission.
This opportunity came up after the Park and Rec Advisory Board had met in June; and
does not meet again until July 23 However, Park and Rec Advisory Board Chair Jeff
Kaley has inspected the property, and is personally supportive of its acquisition, even if
that means that there needs to be a deferral of other items to be funded through the Park
Reserve Fund.
BUDGET IMPACT:
The listing price for the land is $1,520,750, or $35,000 per acre.
The CIP project from last year showed the $1 million as coming half from Park Reserve,
and one -half from the General Fund. This would not have been levied for until FY 2003.
Should the Council be interested in purchasing this property, the funding could come
from the Park Reserve Fund, although it would mean that other projects scheduled to be
funded through that source would have to be put on hold until the repayment is made.
This could include Tahpah Park improvements already being put out to bid. A list as
most recently recommended by the Park and Recreation Advisory Board (in June) is
attached. It shows some of the projects that would have to be deferred until after 2003
(youth athletic fields at $700,000 would be one of the large ones that would have to be
delayed). In order to provide money to make the purchase, as the Park Reserve Fund will
be well below $1.5 million at the end of 2001, a short term interfund loan would be
needed in order to fund the purchase. This assumes a contract for deed is not pursued. It
is also possible that, should the Council so desire, a longer term interfund loan not
immediately "mortgaging" all park reserve funded projects could be made for the entire
amount from another source longer term; however, that should be carefully considered,
and only after looking at other existing interfund loans.
Due to absences of some key staff, all of this information is not available as of this
writing; we will have a more complete analysis of the budgeted financial items to at the
July 10 City Council meeting.
If the Council wishes to proceed with acquisition of this property, it should make a
decision on the following:
Is the land of interest to the City, and should staff pursue acquisition? If so, is the
Park Reserve Fund the preferred choice for funding, vs. a referendum or interfund
loan?
2. Give direction as to how land should be purchased, if at all. Does the Council
wish to accept Mr. Brown's proposal to act as the City's realtor? Regardless of
whether Mr. Brown or another party is used, Council should direct that an
appraisal be done, and that the appraised amount be offered to the landowner.
Again, as the land is already listed with a realtor by the seller, the net cost to the
City would not change.
If the Council wishes to pursue this property, it should by motion:
Authorize staff to proceed with the potential acquisition of this parcel; and
2. Authorize the service of David Brown Realtor, with the understanding that his fee
for these services would be paid solely from real estate commissions paid by the
seller; or
As an alternative, use no realtor at all in this transaction.
4-
Mark McNeill
City Administrator
MM:th
Property
Value
Owner
PID
27- 930004 -5
Property
Zoning 1 Land Use
Owner Comments
Owner Address
351 ICOUNTY PD B
JOHN J &JUSTINE PHILLIPS
Locate By - - - --
Map Click Street Address t Parcel ID
I
r Parcel Locator —
DAVE BROWN REALTORS
445 -8155
26 -JUN -2001 12:56 ____ ______________________________ #1
LOTS AND ACREAGE - PROPERTY TYPE 7 LA
<<< L -$ 1,520,750 S -$ ACTV >>>
ZON: AGRICLTR DEV: RAW TRM: 0TH
MT 15 OMD: FIN:
XXX MARSCHALL RD TAX $ 4 /0001 /F MAP C2 -160
MUN SHAKOPEE ZIP 55379 TWA $ 4 LAKEFRONT
AR 640 SUB 1 DIV 2 COU SCOT ASB $ 0 ASP N O'DOWD
ACR 43.45 DEV RAW ZON AGRICLTR # 1592224
FRD 0 DIR 169 S > C R 17 (MARSCHALL) S 5 MI B4 3258
LFT 0 MAJESTIC OAKS STAND WATCH OVER THIS
RIT 0 BEAUTIFUL LAKESHORE PROPERTY. 43.45 ACRES
RER 0 INCLUDING 1500 FT O'DOWD LAKEFRONT.
DES TREES
IMP NO LG1 SEE MARY ANN HOPPE (LISTING AGENT)
MNL 10 ACRES FOR FURTHER INFORMATION. PID 279290091
TOP ROLLING,* INC NMP
ROD COUNTY OSU TRM 0TH
WOD 3.00 NO
SDN 720 AVU MTG INT 0.000%
SDP 952 - 496 -5000 NO PIN $ EXF CLR ASM I
COLDWELL BANKER BURNET 5917 BC 3.15 SA 0 NA 0
MARY ANN HOPPE 952 - 844 -6032 OT N PHN 952 - 844 -6000
INFO. DEEMED RELIABLE BUT NOT GUARANTEED APT 952 - 885 -6280
COPYRIGHT 2000 REGIONAL MULTIPLE LISTING SERVICE OF MINNESOTA, INC.
Prepared by: 7 on J 2001
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To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan, Natural Resource Director
Subject: Park Land Purchase Consideration
Date: July 9, 2001
INTRODUCTION
The City Administrator asked if I would provide the City Council information as to what
degree would the proposed land acquisition on O'Dowd Lake have on future park
projects. To simplify matters, I have prepared a quick summary of revenue projections
from Park Dedication, and three case scenarios.
Current Park Fund Status
December 31, 2000
$1,928,515.
Revenues 1/1/01— 6/30/01 $ 124,309.
Land sold to School Dist. $ 223,895
Expenses 1/1/01 — 6/30/01 $ 820,921.
June 30, 2001
Skate Park
Holmes Park Play Equipment
Muenchow Fields Irrigation
Park Master Plans
Pheasant Run 4.88 acres
2001 Projects in Progress
$103,060
$ 40,000
$ 22,000
$ 15,000
$290,000
$470,060
Fund Balance
Tahpah Park Parking Lot Project
Estimated Fund Balance
$1,455,798.
$985,738
$408,000
$577,738.
Revenues from June 30th to present or beyond is not included in fund balance
projections-
Revenue Projections from Park Dedication
Based on recent trends, the Finance Director estimates revenues from park dedication to
average $600,000.00 per year. The City does not collect park dedication fees until the
builder applies for the building permit.
Possible Funding Alternatives
Scenario I
One funding option is to delay the Tahpah Park Parking Lot Project and Lions Park
Parking Lot Project and use the $985,938 from Park Reserve Fund and $250,000 CIF
(Total = $1,235,738. However, another $300,000 is needed to pay the balance of $1.5
mil. Under this scenario, the City would delay park projects until 2003 or longer.
Scenario II
The City could borrow $1.5 mil from another fund to acquire the land and re -pay that
fund over three years (i.e. $500,000 per year) from Park Reserves. Again, there would be
little funding for park projects until year 2005.
Scenario III
The City proceeds with the Tahpah Park and Lions Park projects, borrows $1 million
from another fund and matches it with $500,000 from Park Reserves. The Park Reserve
Fund would re -pay the $1 million over a period of four (4) years (i.e. $250,000 per year).
Under this scenario, the City could pursue some projects each year.
Scenario IV
Park Referendum
Projects that would most likely be affected if funding was not available from 2002 to
2004:
Soccer Fields Improvements
$500,000
Southbridge Parks System
$700,000
Hiawatha Park Play Equipment
$ 45,000
O'Dowd Park Improvements
$ 15,000
Pheasant Run Play Equipment
$100,000
Mark J. McQuillan
Natural Resource Director
M ark McQuillan
From:
Jason Bullard
Sent:
Tuesday, July 10, 2001 1:44 PM
To:
Mark McNeill
Cc:
Mark McQuillan
Subject:
Park Reserve options
Mark,
We did receive the school district wire on June 21St. The dollar amount was 223,894.62 and that had
not been posted yet. We are still working on June month end. So that has changed the spreadsheet
with that dollar amount being reflected now. I have attached an updated spreadsheet. I am not
completely sure which funds we can borrow from legally but here are some funds that have high fund
balances and are projected to have high balances over the next 4 to 5 years. Enterprise funds such
as water, electricity and sewer. Internal service funds such as equipment has a projected balance the
next 4 to 5 years that will average 2 million. Blocks 3 & 4 borrowed there money from the equipment
fund. The building fund has a nice fund balance in the immediate future but with all the new buildings
that are being considered would not be a long term option. Hopefully this answers all the questions.
Let me know if you need anything else.
Thanks -Jason
I n
ParkReserveBal.xls
CITY OF SHAKOPEE
Memorandum
CASE LOG NO.: 01 -091
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner H
SUBJECT: Final Plat of Southbridge Crossings Second Addition
MEETING DATE: July 10, 2001
REVIEW PERIOD: May 29 —September 26, 2001
Site Information:
Applicant. Shakopee Crossings Limited Partnership (by Steven Soltau)
Property Owners: Same
Location: North of Southbridge Parkway; west of CSAH 18
Current Zoning: Light Industrial (I -1) ;Conditionally approved, pending final plat, for
Community Commercial (CC) and Highway Business (B 1)
Adjacent Zoning: North: Highway 169
South: I -1, Light Industrial (pending Planned Residential District (PRD))
East: I -1, Light Industrial
West: R -113, Urban Residential with a PUD Overlay
MUSA: The site is within the MUSA boundary.
Introduction:
Shakopee Crossings is requesting Final Plat approval of Southbridge Crossings Second Addition. The
property is located north of Southbridge Parkway and west of CSAH 18 (Exhibit A).
Considerations:
1. The Preliminary Plat for Shakopee Crossings was approved by the City Council on April
17, 2001. The Final Plat for Southbridge Crossings Second Addition is insubstantial
conformance with the Preliminary Plat.
2. Shakopee Public Utilities Commission (SPUC) and MnDOT have provided comments
attached as Exhibits C and D.
Alternatives:
1. Approve the Final Plat of Southbridge Crossings Second Addition, subject to the conditions
contained in the attached resolution no. 5550:
2. Approve the Final Plat of Southbridge Crossings Second Addition with revised conditions.
3. Do not approve the Final Plat of Southbridge Crossings Second Addition.
4. Table a decision in order to allow time for the applicant and/or staff to submit additional
information or make any necessary revisions.
Staff Recommendation:
Staff recommends Alternative No. 1, approval of the final plat, subject to the conditions listed
within Resolution No. 5550.
Action Requested:
Offer a motion to approve Resolution No. 5550 and move its adoption.
iu4& Klima
1?lanner 11
g\cc\ 2001 \cc0710\fpsouthbridgecross2nd. doc
V
RESOLUTION NO. 5550
1 1 1 01C' I DIM OEM ' 1 1
WHEREAS, Shakopee Crossings Limited Partnership, applicant and property owner, has
filed an application dated and received May 29, 2001 for final plat approval; and
WHEREAS, the property upon which the request is being made is legally described as
found on attached Exhibit A; and
WHEREAS, all notices of the public hearing for the Preliminary Plat of Shakopee
Crossings 1" Addition were duly sent and posted and all persons appearing at the hearing have
been given an opportunity to be heard thereon; and
WHEREAS, the Shakopee Planning Commission recommended approval of the
preliminary plat, and the City Council approved same on April 17, 2001; and
WHEREAS, the City Council reviewed the final plat at its meeting of July 10, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE I OF THE
CITY OF 1 I MINNESOTA, as follows:
That the Final Plat of SOUTBBRIDGE CROSSINGS SECOND ADDITION is hereby approved
subject to the following 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. Street names for streets within the plat shall be provided and approved by the
City.
C. Execution of a Developers Agreement with provisions for Plan A and Plan B
improvements, as well as payment of engineering review fees, and any other
fees as required by the City's adopted fee schedule and including provisions for
reimbursement to the developer for the temporary signal to be installed.
D. As part of the Plan A improvements, "No Parking" signs shall be installed
along "A" Street and "C" Street, per the sign type and spacing requirements
determined by the City Engineer.
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
3
Design Criteria and Standard Specifications of the City of Shakopee.
5. The developer shall be responsible for payment of Trunk Storm Water
Charges for the residential portion of the plat, Trunk Sanitary Sewer
Charges, security for the public improvements, engineering review fees,
and other fees as required by the City's adopted Fee Schedule for the
entire plat.
6. No public improvements shall be constructed until the City Engineer
and the Shakopee Public Utility Commission approve the Final
Construction Plans and Specifications.
H. Following approval of the preliminary plat, the following conditions shall apply;
A. Prior to development work commencing the developer shall submit drainage
calculations including existing and proposed conditions, and summarizing the
change in drainage to CSAH 18 and future CSAH 21.
B. Subsequent revisions of the preliminary plat or final plat of a portion of the project
area will require evaluation of the adequacy, and possible revision of, the Traffic
Impact Report filed with the preliminary plat application.
C. The temporary signalization of the intersection of CSAH 18 and Southbridge
Parkway shall be installed and functioning by September 1, 2001.
IV. Following approval and recording of the final plat, the following conditions shall
apply;
A. No temporary or permanent certificate of occupancy shall be issued for any
structure within the plat unless and until the intersection improvements and
temporary signalization are installed and functioning.
B. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
C. No berming, ponding, signage, or landscaping shall be located in the Scott County
right -of -way.
D_ Any work within the Scott County right -of -way will require a utility permit from
the County.
E. Best Management Practices shall be used during the construction of this project to
insure against water and wind erosion.
F. Utilities shall be constructed with seepage collars to prevent improper draining of
groundwater from the area.
A. Park Dedication fees shall apply to this plat consistent with the fees outlined in the
City's adopted fee schedule in place at the time of building permit issuance.
B. If any private streets are allowed, the streets shall be designed and constructed per
the City's requirements for public streets.
C. Receipt of approval of the right -in access from CSAH 18 from Scott County; in
the event that such approval is not given, the applicant understands that the entire
plat may need to be revised and reviewed to address any traffic issues that result
from denial of the access, and that the traffic impact report would be revised.
D. A MnDOT drainage permit will be required for this development.
E. Outlet structures should be equipped with skimmers to prevent floatables from
entering the City's storm sewer system.
M
THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of
SOUTBBRIDGE CROSSINGS SECOND 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.
AMULM
5
That Part of _ North One-Half of the Southwest Quarter of - • n 12, Townshipl ge 22,
Scott County, • Southerly and Westerly of - Scott County
Number Right-of-Way taking per Document Number 315591.
That part of the South One-Half of the Southwest Quarter of Section 12, Township
115, Range 22, and the Northwest Quarter of Section 13, Township 115, Range 22 all in Scott
County, Minnesota; lying Westerly of Scott County Right-of Way taking per Document Number
315591 and lying Westerly and Northwesterly of Scott County Right-of-Way taking per Document
•1! and lying Northeasterly of • 1 • • a Parkway as dedicated in the plat of
SOUTHBRIDGE I ST ADDITION, Scott County, Minnesota.
Excepting therefrom that part which lies within the following description:
a
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-0 0 Minnesota Department of Transportation l
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
June 12.2001
Michael Leek
City of Shakopee
129 Holmes Street
Shakopee, 55379
SUBJECT: Southbridge Crossing 2` d Addition
Minnesota Department of Transportation Review -#PO 1 -060
Shakopee. Scott County
C.S. 7005
Dear Mr. Leek:
The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced plat in
compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please
address the following issues:
The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm
water is discharged from the site must not increase). In addition, discharge is limited to 1/3 cfs per
acre as detailed in the Shakopee Comprehensive Plan. The City or project developer will need to
submit before /after hydraulic computations for both 10 and 100 year rainfall events verifying that all
existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please
direct questions concerning these issues to Billy Thomas (651 -634 -2408) of Mn/DOT's Water
Resources section. A Mn/DOT drainage permit may be required. Please direct questions regarding
permit applications to Keith Van Wagner (651 -582 -1443) of Mn/DOT's Permits section.
Mn/DOT's policy is to assist local governments in promoting compatibility between land use and
highways. Residential uses located adjacent to highways often result in complaints about traffic
noise. Traffic noise from TH7 could exceed noise standards established by the Minnesota Pollution
Control Agency, the U.S. Department of Housing and Urban Development, and the U.S. Department
of Transportation.
Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of
highway funds for noise mitigation measures. The project proposer should assess the noise situation
and take the action deemed necessary to minimize the impact of any highway noise. If you have any
questions regarding Mn/DOT's noise policy please contact Jim Hansen in our Transportation
Planning section at (651) 582 -1392.
Please address all future correspondence for development activity such as plats, site plans, environmental
reviews, and comprehensive plan amendments to:
An equal opportunity employer
Paul Czech
Mn/DOT - Metro Division
Waters Edge
1500 West County Road B -2
Roseville, Minnesota 55113
Please note that Mn/DOT document submittal guidelines require three (3) complete copies of plats and
two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a
plat and/or two (2) copies of other review documents will make a submittal incomplete and delay
Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation
in providing the necessary number of copies, as this will prevent us from having to delay and/or return
incomplete submittals.
Feel free to contact me at (651) 582 -1378 if should have any questions.
W ,
hap t ansp Lion Planner
cc: James Hentges, Scott County Surveyor
Brad Larson, Scott County Engineer
Shakopee Crossings
Mn/DOT Division File C.S. 7005
Mn/DOT LGL — Shakopee
Well No. 11 construction is complete and the contract to construct Well No. 12
has been awarded. Completion of Well No. 11 enables us to meet projected
growth through 2001. Completion of Well No. 12 will enable us to meet
projected growth through 2003.
nnuLm
TO: Shakopee Community Development Department
FROM: Jo D. Adams, Plannin and En gin e eri n g Man
"�Y b
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Final Plat of Southbridge Crossings 2n Addition
CASE NO: 01091
DATE: OR /
Municipal water service is available subject to our standard terms and conditions. These
include, but are not limited to: installing a lateral water main distribution system in
accordance with utility policy, paying the associated inspection costs, paying the Trunk
Water Charge, and paying the Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to: entering into an Underground Distribution
Agreement, granting any necessary easements, and paying the associated fees.
Street Lighting installation is available subject to our standard terms and conditions.
These are contained in the current City of Shakopee Street Lighting Policy. Applicant
must pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 01090
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I
SUBJECT: Final Plat of Brittany Village 4 th Addition
MEETING DATE: July 10, 2001
INTRODUCTION:
Tollefson Development, Inc. has made application for final plat approval of Brittany Village 4th
Addition. The preliminary plat was reviewed by the Planning Commission, and approved by the
City Council on May 15, 2001.
CONSIDERATIONS:
The final plat is generally consistent with the approved preliminary plat. The proposed plat is
approximately 11 acres in area, and the development would consist of townhouse buildings
ranging from two (2) to five (5) units per building, with a total of 62 units proposed. The
proposed density would be approximately 7 units /acre. The plat would consist of the 66 lots
located in 4 blocks, with one new street (Dublin Court), the extension of two existing streets
(Downing Avenue and Dublin Lane) and 3 outlots. Staff recommends that the Council consider
incorporating Outlot B into Lot 6, Block 3, and Outlot C into Lot 6, Block 4.
The preliminary plat approval requires inclusion of the City -owned strip to the south. As in the
original Brittany Village, the City is asked to transfer ownership of this strip for nominal
consideration to facilitate its inclusion.
City Engineering has submitted a memorandum that stipulated their recommendation, which
conditions have been incorporated into the attached resolution. Xcel Energy has also submitted a
letter (see attached Xcel Energy document) recommending that if approved, the developer address
the conditions they have noted.
The applicant has submitted a landscaping plan, with Planning recommending that submittal of a
landscaping bond be required at the time of building permit application. The applicant has also
requested that payment of park dedication fees be deferred to the time of building permit
application.
ALTERNATIVES:
1. Offer a motion approving the transfer of the 66 foot strip to Tollefson Development, Inc., and
approve Resolution No. 5551, a resolution approving the final plat of Brittany Village 4th
Addition subject to the proposed conditions.
2. Offer a motion approving the transfer of the 66 foot strip to Tollefson Development, Inc., and
approve Resolution No. 5551, a resolution approving the final plat of Brittany Village 4th
Addition with revised conditions.
3. Do not approve the proposed final plat for Brittany Village 4 t ' Addition.
4. Table a decision in order to allow time for the applicant and/or staff to provide additional
information.
ACTION REQUESTED:
Offer a motion authorizing the transfer of the 66 foot strip to Tollefson Development, Inc. for
inclusion in the final plat, and offer Resolution No. 5551, a resolution approving the final plat of
Brittany Village 4th Addition subject to the proposed conditions, and move its adoption.
}
Noble
Planner
g: \cc \2001 \0710\fpbritanyvilg.4th.doc (01090)
RESOLUTION NO. 5551
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL
PLAT OF BRITTANY 1 ADDITION
WHEREAS, Tollefson Development, Inc., applicant and property owner, has made application for
final plat approval of Brittany Village 4th Addition; and
WHEREAS, the subject properties are legally described as follows:
The Southeast Quarter of the Southwest Quarter of Section 8, Township 115, Range 22, except parcel 61A
as shown on Minnesota Department of Transportation Right of Way Plat No. 70 -6, according to the United
States Government, and
The north 33. 00 feet of the North Half of the Northeast Quarter of the Northwest Quarter of Section 17,
Township 115, Range 22, Scott County, Minnesota, and
WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on
May 3, 2001 and has recommended approval subject to conditions; and
WHEREAS, all required public notices regarding the public hearing were posted and sent; and
WHEREAS, the City Council approved the preliminary plat request at its meeting of May 15,
2001; and
WHEREAS, the City Council reviewed the final plat request at its meeting of July 10, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, as follows:
That the final plat of BRITTANY VILLAGE 4TH ADDITION is approved subject to the following
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. Execution of a Developers Agreement which shall include provisions for security for the
public improvements within the final plat, as well as payment of engineering review fees.
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.
C. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk
Sanitary Sewer Charges, and other fees as required by the City's adopted Fee Schedule.
D. Inclusion of land between Brittany Village 4 Addition and Dublin Square.
E. Extension of Dublin Lane and alignment as needed to match with Dublin Square.
F. Incorporate Outlot B into Lot 6, Block 3, and Outlot C into Lot 6, Block 4.
H. 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. Park dedication fees shall apply to this plat consistent with the fees outlined in the
City's adopted fee schedule in place at the time of building permit issuance.
D. 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.
E. Hydrants shall be placed in accordance with the Minnesota Uniform fire Code, the
policies of the Shakopee Public Utilities Commission (SPUC), and shall be approved
by the Shakopee Fire Inspector.
F. The developer shall provide temporary and well - secured street signs as approved by
the Building Official and Fire Inspector.
THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of BRITTANY
VILLAGE 4TH 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.
THEREFORE, BE IT FURTHER RESOLVED, that the mayor and City Clerk are hereby
authorized and directed to execute said Plat and enter into a Developer's Agreement.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held the day of . 2001.
Jon P. Brekke
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
APR z 0 2001
�& xcel Energysm
Apri l 18, 2001
Mr. Mark Noble
Tollefson Development, Inc.
900 West 128` Street
Suite 107
Burnsville, v iN 55337
Preliminary Play. — Brittany Village 4 t11 Addition
Line 0982
Section 8, Township 115, Range 22
Scott County, Minnesota
Dear Mr. Noble:
414 Nicollet Mail
Minneapolis, Minnesota 55401 -1993
Our Transmission Engineers have reviewed the Plat of Brittany Village 4` Addition and find
the proposed development is acceptable as shown on the drawings dated 2 /8/01 under the
following conditions:
(1) Grade change within easement.
The ground elevation within the easement shall not be increased above the existing
C Stockpiling of soil and/or material within the easement will not be permitted.
(2) Clearances to equipment.
:l /or><ur.g clearance of 20 feet betwten the electr conductors and any cranes or
digging equipment used in or near the easement, must be maintained at all times. If
this clearance cannot be maintained, the contractor or developer must arrange for a
line outage by calling Xcel Energy's System Control department (Carol Andrews
612/330 - 6135). At least two weeks advanced notice must be provided in order to
schedule a line outage. There is a fee of approximately 5350.00 per day, per outage,
for this service. This fee must be paid prior to outage.
(3) Landscaping, within the easement.
Detailed plans for landscaping (including light standards) must be submitted to Xcel
Energy for review and approval. Generally shorter varieties of trees and shrubs may
be considered. If planting is permitted, the line's voltage and the tree's mature height
and the distance from the line must be considered. For maintenance purposes there
shall be no planting with 15 feet of structure sites.
Page 2
4/18/?001
(4) Building on easements.
There shall be no permanent or temporary building allowed on the easement.
(5) Street lights and signs on easements.
If there are to be street lights, sign boards, identification signs or any other type of
non - building structure within the easement, detailed plans must be submitted to Xcel
Energy for review and approval to verify compliance with electrical code clearances
It is the express condition of this consent that all other terms and conditions of that certain
easement granted by Engelbert J. Breeggemann, e t al. on March 5, 1968 and recorded on
March 5, 1968 in Book as Document No. 116303 shall remain in full force and effect.
To acknowledge receipt of and agreement with the terms of this consent, please sign this
letter and return to my attention.
Thank you for your courtesy and cooperation.
Sincerely,
'�5 �
Sharon M. Price ACCEPTED
Right of Way Agent
Siting and Land Rights
612- 30 -5893 By:
Its
cc: Roger Johnson /
Steve LaCasse /
City of Shakopee
NH: 33198 -7
Str: 13 & 14
CITY OF SHAKOPEE
Memorandum
TO• • Mayor and City Council
Mark McNeill. City Administrator
FROM: Mark Noble, Planner I
S SECT: Preliminary Plat of Brittany Village 4 Addition
MEETING DATE: May 15, 2001
ODU ON:
Tollefson's Development, Inc. has made application for preliminary plat approval of Brittany
Village 4` Addition. The proposed plat is approximately 11 acres in area, and the development
would consist of townhouse buildings ranging from two (2) to five (5) units per building, with a
total of 62 units proposed (see attached proposal plan). The proposed density would be 7.2
units /acre.
The public hearing on this request was held on May 3, 2001, and the Planning Commission
recommended approval_ A copy of the May 3rd report to the Commission is attached for the
Council's information_ There were a several comments received by reviewing agencies, which have
been incorporated into the resolution.
There is an outstanding issue that pertains to a parcel of land located between Dublin Lane and Brittany
Village 4` Addition Subdivisions that has been left out of both of these plats. This issue needs to be
resolved since making the connection of these two subdivisions is dependent on resolving this issue.
Additionally, it should be noted that the Commission discussed the location of sidewalks for this
development, with the Commission recommending no changes to the sidewalk layout as proposed.
At this time, the developer has not proposed the dedication of park land as part of this plat.
Therefore, park dedication fees shall apply to this plat. The current fee is $1,500.00 per unit, for
a total park dedication payment of $93,000.00.
ALTERNATIVES:
I. Approve Resolution No. 5530, a resolution approving the preliminary plat of Brittany Village
4th Addition subject to the conditions contained therein;
2. Approve Resolution No_ 5530, a resolution approving the preliminary plat of Brittany Village
4th Addition with revised conditions.
3. Deny the requested preliminary plat, and direct staff to prepare a resolution consistent with
that action.
4. Table a decision in order to allow time for the applicant and/or staff to provide additional
information.
� I 1 •
The Planning Commission voted to recommend approval of the preliminary plat of Brittany
Village 4th Addition subject to conditions as presented in the draft resolution.
Offer a motion consistent with Alternative 1 or 2.
g: \cc\ 2001 \0515\ppbritamvi19.4th.doc (0 107 1)
RES OLUTION OF :E CTrY OF : • • ii OTA APPROVING THE
pRElx�MNARY PLAT OF BR ,D •;
WHEREAS, TolIefson Development, Inc., applicant and property owner, has made
application for preliminary plat approval of Brittany Village 4th Addition; and
WHEREA 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 3, 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 the
conditions listed below and
WHEREAS, the City Council reviewed the preliminary plat request at its meeting of May 15,
2001.
• THEREFORE, • l BY • 1 OF '1 CITY
O •. • follo
That
the preliminary plat of BRITTANY VILLAGE 4TH ADDITION is approved subject to the
following 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. 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 $1,500.00
per unit; and shall be paid at the time of recording of the final plat.
8. 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.
C. The landscape plan shall be revised to comply with the ordinance requirements
pertaining to the size and number of plantings.
D. The Final Plat shall be revised to reflect the inclusion of the parceI(s) of land
located between Dublin Square and Brittany Village 4` Addition-
H.
Following final approval and recording of the 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 SOLVED, that approval of the preliminary plat
of BRITTANY VILLAGE 4TH 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 , 2001.
Mayor of the City of Shakopee
i
11. �
TO: Shakopee Planning Commission
•. •
Applicant: Tollefson Development, Inc.
Location: South of STH I69 north of Dublin Lane; east of Brittany Court
Current Zoning: Planned Residential District (PRD)
Adjacent Zoning: North: Agricultural Preservation (AG) Zone, Hwy. 169
South: ;Medium Density Residential (R -2) Zone
East Aancultural Preservation (AG) Zone
West �t tle Farnily Residential (R -3) Zcne
1995 Comp. Plan: ;Medium Density Residential
Draft Comp. Plan: Planned Residential
NfUSA. This site is within the MUSA boundary.
Attachments: Exhibit A Zoning/Location Map
LC UULt D. YiCitlllty riai riait
Exhibit C: Shakopee Public Utilities Memorandums
Exhibit D: City Engineering Memorandum
CONSIDERATIONS: P PP
Tollefson's Development, Inc. has made application for plat approval of Brittan y
Village 4' Addition. Zone by the City
The subject property was recently rezon dvo an R' r ecomme n ded approval o the request, which
Council. The Planning Commission had
originally was a rezoning request for R -3 Multiple Family Residential (R -3) Zone. One of the
Council's concerns with the R -3 request was for the potential for development to be greater than 8
units/acre. The proposed plat is approximately 11 acres in area, and the development would consist of
townhouse buildings ranging from two (?) to five (5) units per building, with a total of 62 units
proposed (see attached proposal plan). The Proposed density would be 7.2 unitsfacre.
Shakopee Public Utilities has submitted two memorandums addressing service availability for this
property, which have bey attached to this report (see Exhibit C).
City Engineering has submitted a memorandum addressing several issues (Exhibit D), which has been
attached for the Commission's information- Two primary concerns (street connection and sidewalks)
should be discussed in detail by the Commission, with a recommendation forwarded to the Council.
The proposed plat includes a connection of Dublin Lane and Downing Avenue. There appears to be a
strip of land between Dublin Square and Brittany Village 4 Addition that has been left out ofboth of
Engineering has brought
these plats. City this to the attention of the developer, who is researching the
ownership of the land- T'nis strip of land may be part of an old township road that the City has rights
to, with the remainder owned by Gene Hauer, the present property owner of this development 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. The other issue concerns whether the
proposed sidewalks should retrain in the right -of -way or that a sidewalk ease. nent be created which
would allow more boulevard area-
The developer has not proposed the dedication of park land as part of this plat. Therefore, park
dedication fees shall apply to this plat. The current fee is 51,500.00 per unit, for a total park,
dedication payment of 593,000.00_
The applicant has submitted a landscaping plan. City Code Sec. 1 1.60, Subd_ 8, Landscaping
Requirements, requires for residential developments over 6 units in size that at least IS% of the
"lot" shall be landscaped_ For this site, that would equal about 1.65 acres. The applicant has
proposed approximately 4: c��erstor: and ornamental trees, I5 coniferous trees and 33 shrubs. It
appears that the proposed landscaping does not meet the ordinance requirements. This should be
clarified before approval of the final plat.
ALTF R- ATIVF-S:
1. Recommend approval of the preliminary plat of Brittany Village 4` Addition, subject to
r�rdir;nne �c n ,�rliretj hel�'.u
L 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.
_:
C.
K
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 Storrs Water Think
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 S 1,500 -00
per unit, and shall be paid at the time of recording of the final plat.
g- 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 Iandscaping.
The landscape plan shall be revised to comply with the ordinance requirements
for size and number of plantings.
The piece of land 'between Dublin Square and Brittany Village`' Addition
shall be included in the Final Plat drawing.
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.
2_ Recommend approval of the preliminary plat of Brittany Village 4` Addition, subject to
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 info ion from staff and/or
rmat
the applicant.
RECO1 ENATION:
Planning staff recommends alternative 1, 2 or 3.
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Municipal water service is available subject to our standard terms and conditions. These
include, but are not limited to: ins talling a lateral water main distribution systern in
accordance with uniity policy, paving the associated inspection ,�osrs, pa`jng the
Water Charge, and paying the Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to: entering into an L:ndcmound Distri
Agreement, granting any necessary ements, and paying the associated f
eas
Street Lighting i nsta ll at i on is available subject to our standard terms and conditions.
These are contained m the current Crty of Shakopee �treeL Lagll tuiQ roucy. �ppu�ant
must pay the associated fees.
Applicant should - Shakopee Public Utdiries directly for specific mquirernents
relating to their project.
t
i 31 1 i
TO:
FR OM:
SUBJECT:
DATE:
The Shakopee public -utilities Commission is committed to meeting the growth
needs of the community m regards to water supply. The Commission is working
with the \,hunesota Departments of Health and �iatural Resources to secure the
necessary approvals to construct new wells and to pump them to increase our
water supply capacity to meet projected demand levels.
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City of Shakopee
ifemorandum
TO: Mark Noble, Planner I
FROM: Joel Rutherford, Assistant City Engineer jp
SUBJECT: Preliminary Plat - Brittany Village 4` Addition
NiEETL�i G DATE: May 3, 2001
After review of the items submitted with the referenced application, the Engineering
Department has the following comments for the applicant and for the Planning
Department:
Street Layout
The proposed street layout includes public streets connecting Downing Avenue from the
west, and Dublin Lane from the south.
The connection to Dublin Lane would require the inclusion into the plat, of a strip of land
that currently lies between Dublin Square and Brittany Village 4` Addition. The
ownership of this strip of land is currently unknown. However, it appears that part of it is
part of an old township road that the City of Shakopee has rights to, and Gene Hauer
Hauer. Discussions with the developer indicate that Mr. Hauer will work with the
developer in- including any land within this "strip ", which is currently owned by Mr.
Hauer, to be included in the plat. The City may need to provide a quit claim deed, or
other document, to allow the inclusion of any City -owned land into the plat. If this strip
of lard is not included in the plat, this strip will remain as an "undeveloped" piece of land
between Dublin Square and Brittany Village 4 I Addition would not be desirable.
The street the connections of Horseshoes Road with Downing
Int.-7 locations, and
Avenue, were designed to maximize the distances between the intersections. More
specifically, the spacings were designed to be at least 150 feet apart, so that they would
not be considered "street jogs ", which would not be allowed. The City has considered
street intersections that are less than 150 feet a part, as "street jogs ". Staff believes that
the size of the parcel has limited the options available for the street layouts, and therefore,
staff believes the layout proposed is adequate, and staff recommends approving it.
Trunk gees
The applicant shall be responsible for sanitary sewer trunk fees, stormwater trunk fees,
and a stormwater ponding fee (the development will be using a regional pond).
The proposed developed includes sidewalks. These sidewalks are proposed to remain in
the right -of -way. Previous discussions suggested that instead of having sidewalks within
right -of -ways that are 60 feet wide, have a sidewalk easement that would allow more
boulevard area. The previous Brittany Village phases also have the sidewalk within the
right -of- -way. The Planning Commission and City Council should decide whether the
boulevard is adequate when the sidewalk remains within the right -of -way, or if an
easement should be obtained so that the sidewalk can be placed further from the street.
Recommendation
Recommend approval of the Preliminary Plat, subject to the following conditions:
A. Prior to recording of the Final Plat, the following actions :rust be completed:
a) Execution of the Developers Agreement, which shall include provisions for
security for the public improvements and engineering review fees.
b) Payment of Storm Water Trunk Charges, Stone Water Ponding Charges, and
Trunk Sanitary Sewer Charges, and other fees as required by the City's adopted
Fee Schedule.
cl The ciece of land between Dublin Souare and Britanv Village 4` Addition shall
be included in the Final Plat drawing.
B. Prior to construction of the public improvements, the Shakopee Public Utility
.� 7 . 1 .: P .7
Commission and the City Lug :uc'er must approve wc:. in I CGr�s...c"Gi. tans an..
Specifications.
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CITY OF SHAKOPEE
Memorandum
Im
SUBJECT:
Mayor and City Council
Mark McNeill, City Administrator
Mark Noble, Planner I
4 y N1,1 S E
Set Public Hearing for Vacation of Street Right -of -Way for 4 th Avenue
between Cass and Webster Streets
MEETING DATE: July 10, 2001
INTRODUCTION
Darren Giese, 408 Cass Street, has submitted an application for vacation of street right -of -way for 4th
Avenue between Cass and Webster Streets. The attached Resolution No. 5555 sets a public hearing
date to consider the vacation of this right -of -way.
DISCUSSION
The attached resolution sets a public hearing for August 21, 2001. On that date, comments from staff
members and utilities, as well as a recommendation from the Planning Commission, will be
presented to the City Council for consideration.
ACTION REQUESTED
Offer Resolution No. 5555, A Resolution Setting the Public Hearing Date to Consider the Vacation
of Street Right -of -Way for 4 th Avenue between Cass and Webster Streets, and move its adoption.
ark Nob
Planner I
g:\cc\2001\0710\vacsetphgiese.doc
RESOLUTION NO. 5555
1,
WEBSTER STREETS
WHEREAS, it has been made to appear to the Shakopee City Council that street right -of-
way for 4 Avenue between Cass and Webster Streets, City of Shakopee, County of Scott, State of
Minnesota, serves no public use or interest; and
WHEREAS, a public hearing must be held before an action to vacate can be taken and two
weeks published and posted notice thereof must be given.
WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS
and posted notice will be given by posting such notice on the bulletin board on the main floor of the
Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the
Shakopee Public Library, and the bulletin board in the Shakopee City Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 10 day of
July, 2001, at 7:00 P.M. or thereafter, on the matter of vacating street right -of -way for e Avenue
between Cass and Webster Streets, City of Shakopee, County of Scott, State of Minnesota.
Adopted in session of the City Council of the City of Shakopee, Minnesota, held
the day of 9 2001.
Jon P. Brekke,
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
PREPARED BY:
City of Shakopee
129 Holmes Street South
Shakopee, NIN 55379
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CITY OF S HAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I
S JECT: Final Plat of Savanna Oaks at Southbridge 4 Addition
ME ETING DATE: July 10, 2001
Site Information:
Applicant.
D.R. Horton
Location:
North of Dean Lake and south of Highway 169
Cza Tent Zoning.
Low Density Residential (R -IA) Zone/PUD
Adjacent Zoning.
North: Highway 169
South: Low Density Residential (R 1 A) Zone/PUD
East: Low Density Residential (R -1A) Zone/PUD
West: Low Density Residential (R 1A) Zone/PUD
1995 Comp. Plan:
Single Family Residential
Area:
12.76 Acres
MUSA:
The site is within the MUSA boundary.
Attachments: Exhibit A: Location/Zoning Map
Exhibit B: Savanna Oaks at Southbridge 4th Addition Final Plat
Exhibit C: City Engineering Continents
Exhibit D: Shakopee Public Utilities Comments
Il. '91 4 RF
D.R. Horton has made application for final plat approval of Savanna Oaks at Southbridge 4
Addition. The proposed development is located south of Hwy. 169 and north of Dean Lake (see
attached Location/Zoning map), and consists of 26 lots.
Savanna Oaks at Southbridge 4th Addition is part of a development that received Planned Unit
Development (PUD) approval in 1997 and Preliminary Plat approval from the Planning
Commission and City Council in 1998. The submitted final plat is in substantial conformance with
both the PUD and Preliminary Plat (see attached final plat).
The following written comments have been received:
L The City Clerk has requested that the signature block for the Planning Commission be
removed.
2. City Engineering has recommended approval, subject to the conditions noted in their
attached memorandum.
3. Shakopee Public Utilities has submitted comments concerning water and electric
service, as well as street lighting. A copy of those comments has been attached for the
Council's information.
I. Approve Resolution No. 5553, approving the final plat of SAVANNA OAKS AT
SOUTHBRIDGE 4 TH ADDITION subject to the conditions contained in the attached
resolution_
2. Approve the final plat of SAVANNA OAKS AT SOUTHBRIDGE 4" ADDITION subject to
revised conditions.
3. Do not approve the proposed final plat of SAVANNA OAKS AT SOUTHBRIDGE 4 TH
ADDITION.
4. Table a decision in order to allow time for the applicant and /or staff to provide additional
information.
Action Requested:
Offer the attached resolution approving the final plat of SAVANNA OAKS AT SOUTHBRIDGE
4 TH ADDITION subject to conditions, and move its approval.
G: \CC\2001 \Cc0710\fpsavoaks4th. doc
RE SOLUTTON NO. 5553
aral I"@ ; &I �13- I �' �01 RNI I i I i�
WHEREAS, D.R. Horton, Inc., applicant and property owner, has made application for final
plat approval of Savanna Oaks at Southbridge 4th Addition; and
WHEREAS, the subject property is legally described as follows:
Outlot A, Savanna Oaks at Southbridge 2" a Addition, Scott County, Minnesota.
WHE REAS, the Shakopee City Council held a public hearing on the preliminary plat on
March 17, 1998; and
WBERE all required public notices regarding the public hearing were duly sent and posted
and all persons appearing at the hearing have been given an opportunity to be heard; and
WHEREAS, the City Council reviewed the final plat request at its meeting of March 20,
2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIUL OF THE CITY
OF SHAKOPEE II ••
That the final plat of SAVANNA OAKS AT SOUTHBRIDGE e ADDITION is approved subject
to the following conditions:
I. The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attomey.
B. Delete the signature block for the Planning Commission Chairperson.
C. Execution of a Developers Agreement which shall include provisions for security for
the public improvements within the Final Plat and payment of engineering review fees,
trunk storm water charges, trunk sanitary sewer charges, 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. Hydrants shall be placed in accordance with the Minnesota Uniform Fire Code,
the policies of the Shakopee Public Utilities Commission, and shall be
approved by the Shakopee Fire Inspector.
6. An easement is required for the proposed trail over the north 30 feet of Lot 17,
Block 1.
H. 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. Final Construction Plans and Specifications must conform to City requirements
and are subject to approval by the City Engineer and the Shakopee Public Utility
Commission, prior to construction of the public improvements_
THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of
SAVANNA OAKS AT SOUTHBRIDGE 4 T " 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.
Mayor of the City of Shakopee
ATTEST:
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Final Plat o f Savanna Oaks
Southbri 4th Add ition
Z oning B• •.
Parcel B ounda
15- • 1
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator,
FROM: Joel Rutherford, Assistant City Engineer
SUBJECT: Information on Grading Plan — Prairie Village 6' Addition Final Plat
DATE: July 10, 2001
INTRODUCTION:
At the last City Council meeting in June, a citizen was concerned with the grading plan
submitted with the final plat for Prairie Village 6 Addition. The Council was asked to
review the Final Plat application for this development at that meeting. As a result of the
comments made by this citizen, staff was requested by Council to provide a response to
the issues raised.
The preliminary plat for the Prairie Village development was approved by the City
Council in 1996. As part of that approval, a preliminary grading plan was also approved.
The Final Plat of Prairie Village 6 Addition is the final phase of the preliminary plat
approved in 1996.
The developer chose to grade the remaining phases of the Prairie Village when Prairie
Village 4 Addition was graded. Therefore, the "rough" grading for Prairie Village 6th
Addition was completed at the time of grading for Prairie Village 4 Addition.
DISCUSSION:
Attached is the grading plan approved with the preliminary plat application. It is my
understanding that the lot in question, as shown on the preliminary grading plan, is Lot 8,
Block 10. The plan shows a rambler style home with a garage slab of 842.5.
Also attached is the final grading plan for Pheasant Run 6 Addition. (This plan shows
this lot as Lot 8, Block 4.) As shown on this plan, the proposed house style is a rambler
with a walkout. In order to build a walkout on this lot, the grade was raised
approximately 2 %2 feet. (It is not uncommon for styles and grades of proposed homes to
change from the preliminary plat to the final plat.) The revised final grade was
recommended for approval because staff felt the final grading plan was in "substantial
conformity with the preliminary plat ", as required by the City's Subdivision Regulations,
and because the proposed lot meets the City's standards for driveway grade, and for
slopes (slopes steeper than 3:1 are not allowed). Although the grading for lot 8 is
"rough", the final grades, which would be completed at the time of building permit, will
put the garage slab about 5 feet above the existing grade at the rear property line.
Although staff recommended approval based on the opinion that the plat was in
"substantial conformity", the City Council has the authority to make the final
determination. Therefore, staff believes the City Council can require the grade (and
house style) that is shown on the final grading plan to be revised to the style and grade
that was approved with the preliminary plat.
Council may also want to consider the style and grade for Lot 9. The style approved with
the preliminary plat was a rambler, and the garage slab was proposed to be 842.5. The
final grading plan submitted with the final plat shows a lookout style house with a garage
slab of 844.0.
�F
Joel Rutherford
Assistant City Engineer
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CITY OF SHAKOPEE
Memoranthim
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SU SE Final Plat of Prairie Village 6th Addition
MEETING D. TE: June 19,200
PLICATION DATE and
REVIEW PERIOD IDL E: May 8, 2001 —September 5, 2001
CASELOG NO.: 01 -078
Site Information
Applicwlt: Thompson Land Development
Location: South of STH 169, north of Valley View Road and east of CSAH 17
Ca®rrerjt Zortifjg.• Urban Residential (RIB) Zone
Adjacent Zoning: North: Urban Residential (RIB) Zone
South: Agriculture (AG) Zone
East: Urban Residential (RIB) Zone
West: Agriculture (AG) Zone
1995 Comp. P101: Single Family Residential
Area: 9.31 Acres
MtISA: The site is within the MUSA boundary
Introduction
Thompson Land Development is requesting Final Plat approval of Prairie Village 6th Addition. The
property is located south of STH 169, north of Valley View Road and east of CSAH 17 (Exhibit A).
Considerations
1. The Preliminary Plat for Prairie Village was approved by the City Council on July 2, 1996.
The Final Plat for Prairie Village e Addition is in substantial conformance with the
Preliminary Plat. This is the last phase of the development.
2. The Scott County Environmental Health Department has commented that the proposed
area of development is highly susceptible to ground water contamination and that
precautions should be taken to minimize the potential for such contaminations.
3. Shakopee Public Utilities Commission (SPUC) has provided comments attached as
Exhibit C.
4. The Engineering Department has provided comment which have been incorporated into the
suggested conditions of approval.
5 The City has received communication from residents within the Pheasant Run
development_ This communication is attached as Exhibit D. In short, the residents are
questioning the possibility of connecting Alden Avenue to the parcel to the south (as this
parcel was recently purchased by Orrin Thompson) rather than constructing the current
plans of a cul-de -sac, which is consistent with the approved preliminary plat.
Alternatives
1. Approve the Final Plat of P rairie Village 6�' Addition, subject to the following conditions:
a) The following procedural actions must be completed prior to the recording of
the Final
Plat:
i)
Approval of title by the City Attorney -
ii)
Execution of the Developers Agreement for construction of required public
improvements:
a) Street lighting to be installed in accordance with the requirements
of the Shakopee Public Utilities Commission.
b) Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
C) Water system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
d) Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of
Shakopee.
e) Street signs shall be constructed and installed by the City of
Shakopee at a cost to the developer of $270 per sign pole.
Cash payment in lieu of park dedication shall be required in the amount of
$700.00 per residential lot. The park dedication payments shall be paid at
the time of the recording of the Final Plat.
iv)
The drainage and utility easements along the south side of Lot 4, Block 2,
and along the north side of Lot 5, Block 2 shall be increased from 5' to
10
V)
The developer shall pay all existing levied special assessments.
vi)
The developer shall provide easements, as required by City Code.
vii)
The developer shall be responsible for payment of Trunk Storm Water
charges, Trunk Sanitary Sewer charges, engineering review fees, and other
fees as required by the City's adopted Fee Schedule.
viii)
Prior to construction of the public improvements, the City Engineer and the
Shakopee Public Utility Commission must approve the Final Construction
Plans and Specifications.
2
Staff Recommendation
Staff recommends Alternative No. 1, approval of the Final Plat, subject to the conditions listed
above.
?action Requested
Offer a motion to approve Resolution No. 5543 and m e its adoption.
lie Klima
Tanner II
g: \cc\ 2001 \ccp619\fppmirin illage6. doc
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A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE
PRAIRIE VILLAGE 6TH A1 1;
FINAL PLAT OF
WHEREAS, Thompson Land Development, applicant and property owner, has filed an
application dated and received May 9, 2001 for Final Plat approval; and
WHEREAS, the property upon which the request is being made is legally described as
follows:
Outlot A, Prairie Village 5` Addition, according to the recorded plat thereof,
Scott County, Minnesota
WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and
posted and all persons appearing at the hearing have been given an opportunity to be heard
thereon.
RESOL NOW, THEREFORE, BE IT BY THE CITY COUNCI- OF THE
CITY O SHAKOPEE, MINNESOTA, as follows:
That the Final Plat of Prairie Village 6th Addition is hereby approved subject to the following
conditions:
a) The following procedural actions must be completed prior to the recording of
the Final Plat:
i) Approval of title by the City Attorney.
ii) Execution of the Developers Agreement for construction of required public
improvements:
a) Street lighting to be installed in accordance with the requirements
of the Shakopee Public Utilities Commission.
b) Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
C) Water system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
d) Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of
Shakopee.
e) Street signs shall be constructed and installed by the City of
Shakopee at a cost to the developer of $270 per sign pole.
iii) Cash payment in lieu of park dedication shall be required in the amount of
$700.00 per residential lot. The park dedication payments shall be paid at
the time of the recording of the Final Plat.
iv) The drainage and utility easements along the south side of Lot 4, Block 2,
and along the north side of Lot 5, Block 2 shall be increased from 5' to
10' .
V) The developer shall pay all existing levied special assessments.
vi) The developer shall provide easements, as required by City Code.
vii) The developer shall be responsible for payment of Trunk Storm Water
charges, Trunk Sanitary Sewer charges, engineering review fees, and other
fees as required by the City's adopted Fee Schedule.
viii) Prior to construction of the public improvements, the City Engineer and the
Shakopee Public Utility Commission must approve the Final Construction
Plans and Specifications.
) The following conditions shall apply after the recording of the Final Plat:
i) The developer shall install all subdivision monumentation within one year
from the date of recording the plat. At the end of the one year period from
recording of the Plat, the developer shall submit to the City Engineer
written verification by a registered land surveyor that the required
monuments have been installed throughout the plat. Monumentation may
only be installed on a per lot basis at the time of building permit issuance
with prior approval of the City Engineer.
E IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and
directed to execute said Plat and Developer's Agreement.
THEREFORE, BE IT FURTHER RESOLVED, that approval of this plat 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 , 2001.
Mayor of the City of Shakopee
PREPARED Y:
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
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w ater . • subject • • r standard terms and conditions. ta w -..
inch,de • 1 .I not lirrated to: installing . lItt t a Lateral water U aryl distrib Tiff= ri:
acc ordance with /l1 1 policy, paymg the • = inspection • ' kk. paying 1 1•
These Water Chargr, and paying the Water Comectim Charge.
Un e ser -,,Ice is available subject to our =dard term and condmons,
mclud but are • limited • entering into .I Underground • 1 l u • •+
u, n
Strc L mstaUatLon 1: available mbject to • 1 standard tm= ..11 • oonditions.
These . 1... c ontained 1f the cun=at City of Shakopee S red '.Ji ill _ Policy. A pplicant
must pay t 1 ...,: • •; mow:.
Applicant should contact Shakopee Public t 11L:. w IIm1 •:: spcc&c requ=mcnts
relating to their project.
�7
L1 4 1 jam
l of 1
June 8. 2001
Attu: Mr. Dennis Kk-er
8421 Wayzata Blvd
Golden Valley 55426
Dear Sir.
JUN
I✓
We, the residence of Chester Street adjacent to the Omn Thomson Prairie Village development
Addition, would like to request Orrin Thomson Homes to reconsider their preliminary plat for the 6 °1
Addition. it is our understanding that Orrin Thomson Homes has purchased the parcel of land north of
Valley View Road and scuth of the and 6 Additions of the Prairie Village development
We request that the plat for the o Addition and the future expansion towards Valley View Road be
viewed in whole prior to applying for final plat approval with the City of Shakopee. The currant plat for
the e Addition has Alden Avenue ending in a "dead end' behind the property along Chester Street
The residents of Chester Street are also concerned that the future development of the property south
towards Valley View Road will also have a street ending in a "dead end' behind the property along
Chester Street This results in the back of properties along Chester Street facing the sides of
along the Prairie Village development (refer to drawing No. 1)_
We suggest that this plat be reviewed to determine if there is a possible solution that would have the
back properties along Chester Street face the back of properties along the Prairie Village dev
(refer to drawing No. 2). The design in drawing no. 2 is not meant to be 'the solutions, but is inducted
only as a conceptual approach to how the two developments could compliment each other.
We feel this approach would provide a more mated community between the Pheasant Run and
Prairie Village develcpmerhts. if the "dead end' streets could be eliminated it would also provide a safer
community for the residents of Prairie Village in that emergency response vehicles would have two
access routes to each parcel of property, rather than the one access route to properties along the
"dead end' street This could result in the Prairie Village properties being more desirable to consumers
considering the above benefits.
We thank you for your consideration in this matter.
Sincerely,
Phil Isaak
(written on behave of the residents of Chester Street adjacent to the Prairie Village development)
2071 Chester Street
Shakopee MN
Phone (Day): 612- 376 -2318
Phone (Evening): 952- 233 -2169
co Mr. Micheal Leek Ms. Julie tQima
Community Deveoxrrert Director Plarmer
City of Shakopee City of Shakopee
Page 2
rr
The following is a list of residents of Chester Street acqacent to Orrin Thomson de velopment
agreement with the r eques t s p - . ette
Jeff & Cheryl Meyer
2004 Chester Court
Chris & Kelly Roe
2014 Chester Court
Phil & Kim Isaak
2022 Chester Street
Jeff & Stephany Pierson
2046 Chester Street
Sean & Nancy Wenner
2054 Chester Street
Brett & Joni Fesler
2062 Chester Street
Jiro & Paula Petterie
2070 Chester Street
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CITY OF SHAKOPEE
Memorandum '
TO:
FROM:
SUBJECT
DATE:
Mayor and City Council
Mark McNeill, City Administrator
Julie Klima, Planner H
Request for Extension of Final Plat Approval for Stonebrooke 4th Addition
July 10, 2001
INTRODUCTION & BACKGROUND
The City has received a request from Laurent Builders, Inc. and Fritz & Bonnie Menden (Please see Exhibits
B and C) to extend the approval period for the Final Plat of Stonebrooke e Addition.
On July 6, 1999, the City Council approved the Final Plat for Stonebrooke 4th Addition. City Code Section
12. 10, Subd. 2 allows for up to a one year extension to be granted to approved preliminary and/or final plats.
At this time, there are no changes being proposed to the final plat.
ALTERNATIVES
1. Offer and pass a motion extending the approval period for the Final Plat for Stonebrooke 4th Addition by
one year.
2. Offer and pass a motion extending the approval period for the Final Plat for Stonebrooke 4th Addition by
a different period of time.
3. Offer and pass a motion denying the request to extend the approval period for Stonebrooke 4th
Addition, and require the developer to resubmit the plat for approval by the City.
STAFF RECOMMENDATION
Staff recommends Alternative No_ 1.
ACTION REQUESTED
Offer a motion extending the approval period for Stonebrooke e Addition by an additional
the plat valid until July 10, 2002, and move its approv .
Julie Klima
Planner H
year, making
g:\cc\2001 \cc0710 \exstbr4. doc
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SHAKOPEE
CCNZRZMYPfMESNCEI8!7
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- Zoning Bound .
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The Laurent Building
100 South Fuller Street, Suite 200
Shakopee, MN 55379
BUILDERS, INC.
Corporate Office
(952) 445 -6745
Fax: (952) 445 -9727
May 31, 2001
Julie Klima
Planning Department
City of Shakopee
129 So. Holmes Street
Shakopee, MN 55379
RE: Stonebrooke 4th Addition
Dear Ms. Klima,
Pursuant to information contained within your letter of November 9, 2000, I am
requesting an extension of final plat approval for a minimum of 6 months, although one
year would be preferred. This would allow us the time necessary to complete some
minor revisions we are currently working on with our staff to then bring before the
council for their consideration. Upon completing that, it will be necessary for us to
obtain a consent of platting from an out of state mortgage holder; which could be time
consuming.
Thank you for your consideration.
Sincerely,
LAURENT BUILDERS, IN
Gary L. Laurent
President
8 ' Lll)tO"{5 • utyltLUVttS-
B.L. #0001742
June 28, 2001
Fritz and Bonnie Meriden
2544 Lakeview Drive
Shakopee, MN 55379
Julie Klima
Shakopee City Hall
129 Holmes Street South
Shakopee, Mn 55379
Dear Julie,
DiLU�� T
JUN 2 9 2001
U
We would lice to request an extension of the Preliminary plat approval of Stonebrooke
Addition. Please inform us of your decision.
Thank you,
Bonnie Menden
CITY OF SHAKOPEE
Memorandum
TO:
FROM:
SUBJECT:
Mayor and City Council
Mark McNeill, City Administrator
R. Michael Leek, Community Development Director
Extension Agreement with WSB. Inc. for Proposed Residential
Project by Tollefson Development, Inc.
MEETING DATE: July 10, 2001
Tollefson Development has made application for environmental review of a proposed
residential development north of Valley View Road, east of CSAH 17, and south of STH
169. The proposed development requires an environmental assessment worksheet
(EAW). It is proposed that the City's engineering consultant, WSB, Inc., prepare the
EAW. Costs of the EAW preparation are to be reimbursed by Tollefson Development,
Inc.
Alternatives:
1. Offer and pass a motion authorizing an extension agreement with WSB, Inc. for
preparation of the EAW for a single - family development by Tollefson Development,
Inc.
2. Do not authorize the extension agreement.
3. Table the matter for additional information or other reasons.
Action Requested:
Offer and pass a motion authorizing an extension agreement with WSB, Inc. for
preparation of the EAW for a single - family development by Tollefson Development, Inc..
P, - chael Leek
Community Development Director
Memorandum for the Table
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request of Bernard Jeurissen that the Council Waive Certain
Provisions of City Code Chap. 12
MEETING DATE: July 10, 2001
lew N 'e) l
Bernard Jeurissen has requested that the Council waive the provision of City Code Sec.
12.21, Subd. 2, E., that requires that property to be divided through the minor subdivision
process be previously platted.
The subject property is in the Rural Residential (RR) Zone, and the lot proposed to be
created would be about 11.9 acres in size.
Alternatives:
1. Offer and pass a motion waiving the criterion at City Code Sec. 12.21, Subd. 2, E_
that requires property to be split using the minor subdivision process, and allowing
the applicant to make application for a minor subdivision.
2. Do not waive the cited criteria.
3 _ Table the matter for additional information or other reasons.
Action Requested:
If the Council wishes, offer and pass a motion approving the waiver, and allowing the
applicant to make application for a minor subdivision.
0
R. Michael Leek
Community Development Director
�u7 j
r ' 2001 "
I f
June 28, 2001
To the City of Shakopee, Mayor Brekke and City Council.
I hereby request a waiver of the requirement of Chapter 12
that states for a minor subdivision, the land be previously
platted. This waiver would allow a minor subdivision to occur
for Tract C of the Bernard Jeurissen homestead.
Respectfully submitted:
Bernard Jeurissen
lS m a r
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consideration of Allowing a Second Driveway
For a Resident at 406 2nd Avenue E.
DATE: July 10, 2001
INTRODUCTION:
Please fmd attached a letter from Dale M. Haupt at 406 2nd Avenue East in Shakopee in
regard to a second driveway curb cut on 2 nd Avenue.
BACKGROUND:
Mr. Haupt at 406 2 nd Avenue East currently has a lot at the corner of 2 nd Avenue and
Spencer Street. On this lot there exists one driveway curb cut on 2 nd Avenue.
Mr. Haupt would like to construct a garage for his home and would need a driveway curb
cut further to the east on 2 nd Avenue to accommodate his proposed garage. Per City
Resolution No. 2891, Paragraph 4D, corner lots are allowed two curb cuts for driveways
with only one opening on each street unless either street is a collector or arterial. In that
case, only one curb cut would be permitted. Spencer Street is a City collector street, thus
per policy, only one curb cut can be allowed on 2 nd Avenue.
The request from Mr. Haupt is to receive permission for a curb cut for his new proposed
garage and to retain the existing driveway that he currently has for his home. City staff's
interpretation of the policy would be to allow the curb cut with the removal of the
existing curb cut in order to meet policy. Mr. Haupt is appealing the Engineer's decision
to the City Council, as permitted by Resolution No. 2891. The request being made of
Council is to allow a second driveway cut on 2 nd Avenue, versus only curb cut as per
policy.
ALTERNATIVES:
1. Uphold the City Engineer's decision to deny a second curb cut on 2 nd Avenue for
the property located at 406 2 nd Avenue East.
2. Approve a motion over turning staffs decision and allow two curb cuts on 2nd
Avenue at 406 2 Avenue East.
3. Table for additional information.
VDITIMI WlMM
Staff recommends Alternative No. 1. However, this is a Council policy decision to
determine whether or not to grant the resident's request.
ACTION REQUESTED:
Approve a motion to either approve the curb cut at one location or two locations on 2nd
Avenue for the resident at 406 2 Avenue East.
J
in
Bruce Loney
Public Works ector
BL /prop
HAUPT
07/03/2001
Mayor & Council Members of Shakopee,
Please consider this a request to approach the council on the July 10, 2001 city council meeting,
for me to ask for consideration & review to keep a second driveway in place at my residence
located at 402 2nd Ave East in Shakopee. The reason I am making a request to keep a second
driveway is that my elderly 86 year old great aunt will be coming to live with me in September
and that we need the driveway to allow for easy access to the home because she is physically
disabled.
Also in consideration to my request for the second driveway keep in mind that this is not too
uncommon in the area to have two driveways or for the sidewalk to be already for a driveway to
be placed.
Thanks For You Time,
Af
Dale M. Haupt
4006 2nd Ave East
Shakopee, MN 55318
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RESOLUTION NO. 2891
A Resolution Establishing a Policy for
Curb Cut Guidelines as Provided by Section 7.06
of the City Code
WHEREAS, Section 7.06 of the City Code provides that the
City shall have control_ and supervision of censtructirg,
reconstructing or reviewing of curb and gutters and enforce
uniform standards relative thereto, and
WHEREAS, any such standards so adopted by the City Cour.c=_
shall be kept on file in the office of the City Administrator and
may be opened to inspection by the public.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Or THE
CITY 0. SHAKOPEE H= NNESOTA:
1. No curb and gutter sections shall be removed or replaced
without pr ior approval of the City.
2. The City Engineer shad have author over issuing curb cut
permits as o utlined in Se ction 7.06 Of t Cit Code
3. T_ t he City Engineer denies a cut at request, the property
owner may appeal the decision t0 the City Council.
L. Locations
" or resiCential propert_es, no curb cuts will De
cerm_..ted on cc :_ec:or or streets unless there
no Ot. ^.e:' access "or t ^ °_ crivey:av or unless Council
a=Droves.
h there is t 'surr3ou'n table tl cur0 and gutter secti o - s,
curb cuts are not needed. The property owner shall not
r enl ace Cr modi the s le curb a n c gu MMer
::_tP.OL't pr? Cr apDrOVc_ Or Lrie C =:y .Engineer ( pe r =il) .
C. Onl One cur cult w il l be a1 lo or i nter ior l ots for
residential zoning. :or commercial and = ndustria_
areas, additional curb cuts may be percitted at the
approval of the City Engineer.
D. 0n corner lcts, up to twc curb c}.:ts wiI be per m,_tted
With only one opening o: each street, unless either
street 1•s a c011ector or ar terra_. =n that CZ Cn'_�
one curb cut will be pe rms MMet
E. Surmountable curb and gutter is not considered a curb
cut and would require a curb cut permit from the City
Engineer
Curb cuts shall not be permitted closer than 25 feet to
an intersection.
G. Curb cuts shall not be permitted closer than 15 feet to
a fire hydrant, power pole, tree, sign, or other
obst
5. All curb cuts shall conform to the standard City of
Shakopee design specifications and construction
specifications.
b. _T all cases the City Engineer shall use the best
Engineering judgement in evaluating a curb cut request
to ensure adequate safety of the traveling public.
Adopted in r, �:�. session of th_e City Council of the City
cf Shakopee, Minnesbta;i held this !i'' day , 1988.
J
Mayor of the City of Shakopee
A 7EEST:
City Clerk
IJ
Aooroved as to forte: t is i - to
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City
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Discussion on Concept T.H. 169 Corridor Plan
DATE: July 10, 2001
INTRODUCTION:
The Minnesota Department of Transportation (MnDOT) is studying inter - regional
corridors throughout the State of Minnesota. T.H. 169 is one of those inter - regional
corridors (IRC) in which the City of Shakopee is a member of the Technical Advisory
Committee (TAC) and Policy Advisory Committee (PAC). One item out of this study is
a concept alternative for the T.H. 41 and 169 intersection. Staff would like to discuss this
concept drawing with Council and ask for comments on this proposed concept.
The T.H. 169 IRC study was commissioned in February, 2001. Several meetings have
been held in regard to this study and various components of this study. Mn/DOT has
contracted with SRF Consulting Group out of Minneapolis to coordinate this study.
This IRC study is expected to take approximately twelve months and will have the
following tasks associated with this study before presentation to the State Legislature:
® Data collection and base mapping
• Identify constraints, opportunities and issues
® Identification and evaluation of alternatives
® Implementation and staging
® Draft report review and final publication by April, 2002
Attached to this memo are the following documents associated with this issue:
0 Map of T.H. 169 and T.H. 41 access concept
• Draft corridor vision document
® Highway 169 corridor newsletter
With the draft highway access plan, in order to create a freeway system along T.H. 169 to
Jordan, a grade separation is needed at T.H. 41 and T.H. 169. This conclusion has been
made by Mn/DOT after review of the traffic and growth trends in this area.
With this draft access concept, which shows a freeway interchange for T.H. 41 and T.H.
169, the access for C.R. 69 would not be allowed except for a bridge overpass. City
Council should discuss and review this concept plan and ask themselves the following
questions:
1. Is the freeway concept reasonable based on the growth trends and the future for
T.H. 169 in this area?
2. Are there any comments in regard to the frontage road system and loss of access
to C.R. 69?
From staff's perspective the loss of access at C.R. 69 may or may not be a problem,
depending on how well the frontage roads function in getting traffic to future identified
commercial districts. Staff would like Council to review the plan and provide any
comments to Mn/DOT on this proposed concept plan.
ALTERNATIVES:
1. Discuss the draff access plan for T.H. 169 in the City of Shakopee, Jacksonville
Township and Louisville Township area and provide comments to staff to be
incorporated in a letter to Nln/DOT.
2. Table for additional information.
3. Do not provide any comments to Mn/DOT at this time.
Staff recommends Alternative No. 1, to provide initial comments to Mn/DOT in regard to
the concept of creating a freeway south of Shakopee along T.H. 169 and the access
spacing that would result from the freeway construction.
ACTION REQUESTED:
Discuss the draff access plan for T.H. 169 in the City of Shakopee, Jackson Township
and Louisville Township area and provide comments to staff to be incorporated in a letter
to Mn/DOT.
Bruce Loney
Public Works Director
BL /pmp
T.H.169/41
DRAIT
Corridor i rr
TH 6' IWO
Highway 169 is an important corridor that provides essential transportation connections between
numerous communities, the entire southwest Minnesota region and the Twin Cities. It provides
commuter -type services to larger metropolitan areas, it serves as a conduit for moving commercial,
agricultural and manufacturing products, and it provides regional access to recreational facilities
such as Valley Fair, Renaissance Festival, Minnesota Valley Wildlife Refuge and Canterbury Park.
It serves major businesses such as the Taylor Corporation, Harvest States, Cargill, and Seagate. It
also serves many institutional facilities such as Minnesota State University, Gustavus Adolphus, and
South Central Technical College. In addition, Highway 169 facilitates interaction between the
smaller and larger trade centers located along and near the corridor.
As a result of the role Highway 169 fulfills, the safe and efficient movement of people and goods on
Highway 169 is of primary importance to the economy of Minnesota and all of the communities and
areas that it serves. In an effort to maintain and/or enhance the safety and performance of the
corridor, Highway 169 has been classified as a High Priority Interregional Corridor (HPI) from I -494
to Highway 19 at the south Scott County border. South of Highway 19, Highway 169 is currently
classified as a Medium Priority Interregional Corridor (MPI). The different classifications for the
corridor reflect the change in economic activity and land uses along the corridor, as well as
expectations for how the facility should perform.
Current performance levels for the corridor were measured through travel -time runs. Results of the
travel runs indicate that the average travel speeds for the entire corridor is 61 mph (posted speeds on
the corridor typically range from 50 — 65 mph), with the exception of historic St. Peter which has a
lower posted speed through the downtown area. The travel -time runs also show that the northern
part of the corridor (BPI) is performing slightly below (59 mph) the minimum target level of 60
mph' and the southern portion of the corridor (MPI) is performing above (62.6) the minimum target
of 55 mph. Future performance, calculated following the guidelines outlines in Interregional
Corridors: A Guide for Plan Development and Corridor Management, indicate that performance
levels will decline over the next 20 -years to an estimated speed of 45 mph in the northern part of the
corridor and 53 mph in the southern portion of the corridor. Both of these levels are below the
minimum target levels. The decline in performance is a direct result of anticipated signalization and
capacity problems along the corridor.
To preserve /improve the current performance and safety of Highway 169 and to plan for the future
needs of the corridor, the partners have recommended a performance goal of 65 mph for the entire
corridor. While this goal doesn't have to be met in every part of the corridor, the partners would like
to achieve this on the aggregate over the entire corridor. This goal will be achieved by addressing
poor performing areas of the corridor through management and/or capital investments.
Improvements to the corridor should also consider the corridor context. This includes how the
improvements remain sensitive to environmental and community values and the visual quality of the
Minnesota River Valley and bluff areas.
1 Performance Target set by the original Interregional Corridor Study and adopted by the 2000 State Transportation
Plan. The minimum target level for BPI is 60 mph and the minim level for MPI is 55 mph.
Draft Corridor Vision 7/5/2001
SRF Consulting Group, Inc.
Area Legislators
Mn /DOT
Met Council
Region 9 Development
Commission
Blue Earth County
Hennepin County
LeSueur County
Nicollet County
Scott County
Sibley County
Belle Plaine
Bloomington
Eden Prairie
Jordan
LeSueur
Mankato
North Mankato
St. Peter
Shakopee
Townships
119 10A 11-1101
http://projects-dot.state.mn.us/srf/l 69/
Interregional Corridors tie the state together. They support Minnesota's economic
health by connecting people with jobs, distributors with manufacturers, shoppers
with retailers and tourists with recreational areas. Highway 169 is a vital corridor
connecting the Twin Cities to southwest Minnesota's manufacturing and agricultural
centers. It is part of the main transportation link between communities such as
Worthington, Windom, Mankato, North Mankato, St. Peter, LeSueur, Belle Plaine,
Jordan, Shakopee, Bloomington, Eden Prairie, and other destinations in the Twin
Cities area.
V)
SHAKOPEE
SUEUR S CHEDULE
. T
UN
�— --'� I WHO IS INVOLVED?
Minnesota's Legislators saw the vital role the
Interregional Corridor system plays in
enhancing the economic vitality of the state
by connecting Minnesota s regional centers.
In 1999, legislation funded $459 million
towards this vision; a portion of this is dedi-
cated to the Highway 169 Corridor.
Moviyt zyinesota
9 + wn 0 "
A4 01
The purpose of this study is to work cooperatively with
all of the communities and agencies along the corridor
to develop a long -term corridor plan. Specifically, this
will include analyzing issues such as access, land use,
zoning, growth, existing travel speeds, future projected
travel speeds, traffic signal proliferation, safety and
environmental concerns. Evaluating these conditions
will provide Mn/DOT, and its partners, valuable infor-
mation on how the corridor currently functions and how
it is anticipated to function in the future. Specifically,
the goal is to:
Work cooperatively with communities and
agencies along Highway 169 to promote
responsible and integrated environmental,
land use, access, and transportation plan-
ning decisions that will maintainlimprove the
safety and performance of the corridor as
well as fit its cultural context and environ-
mental setting.
While some major improvements have been made on
Highway 169 including the Bloomington Ferry Bridge
and the Shakopee by -pass, there are growth trends in
Scott County as well as other communities along the
corridor which increase travel demands on the corridor.
If present investments and growth continue, how will
this corridor function lonb term? What impacts will it
have on communities and businesses that rely on consis-
tent transportation services?
Since Highway 169 is the key corridor that provides for
the movement of goods and services to and from south-
west Minnesota, maintaining and/or enhancing this cor-
ridor is vitally important to the future of the communi-
ties and businesses that depend on it for transportation
services. The Highway 169 Plan will provide guidance
to Mn/DOT and all of the communities along the corri-
dor. It will:
• Identify land use and zoning issues, opportunities,
and strategies for the key growth areas within the
corridor.
• Identify performance and safety problem areas
(both existing and future).
• Identify access and supporting road system needs
(both existing and future).
1 1
• Identify a range of transportation alternatives that
support interregional performance goals, modal
plans, corridor safety and offer an appropriate
level of access.
• Evaluate and prioritize potential alternatives.
• Identify responsibilities and agency roles.
The study is expected to take approximately 12 months. The first few months have focused on gathering data and initial input
Towards the fall of 2001 a staging and implementation plan will be developed. The final months of the study will involve fin4
DATA COLLECTION & BASE
MAPPING
March 2001 - June 2007
IDENTIFY CONSTRAINTS,
OPPORTUNITIES & ISSUES
March 2001 - June 2007
IDENTIFICATION & EVALUATION
OF ALTERNATIVES
May 2001 -
October 2007
IMPLEMENTATION & STAGING
October 2007 -
December 2001
Pioneer Trail - right of way purchase for an interchange
This study will incorporate information from studies
and projects that have been recently completed or are
currently underway. The following list highlights some
of the other work that is currently underway on the 169
Corridor.
• Anderson Lakes Parkway —
right- of-way for future interchange
• Pioneer Trail —
right -of -way for future interchange
• Highway 41 and 169 —
minor intersection improvements
• Highway 169 —
resurfacing Scott County, summer 2001
• Jordan — interchange study
• Belle Plaine — access management study
• Belle Plaine — right -of -way for future interchange
• Highway 19 and 169 —
development of an interchange 2002
• St. Peter — signal Jefferson Street
• Mankato/South Bend Twp —
Hawley to Highway 68 intersection modifications
• Scott County - township mad planning
Because the study will involve a large number of state
and regional agencies, along with local units of govern-
ment and the public, Mn/DOT has hired SRF
Consulting Group, Inc. (Minneapolis) to help coordi-
nate this study. Mn/DOT and SRF will be working
closely with two advisory committees.
•
Technical Advisory Committee (TAC).
Consisting of state, regional, county, city, and
township representatives with knowledge of
potential issues that may impact the development
of a vision and performance targets for Highway
169.
• Policy Advisory Committee (PAC). Consisting
of elected officials from communities along
Highway 169, as well as Mn/DOT representatives
and state legislators who have portions of their
districts along the Highway 169 Corridor.
These committees will provide input to the consultant
and Mn/DOT on how to proceed with technical and
political issues.
le current conditions. Once the issues are identified, alternatives will be developed and evaluated.
the report and getting resolutions of support from the communities and agencies.
REPORTS
PUBLIC INVOLVEMENT
Small Group Meetings
Draft
Meet
Technical Advisory 9
March. July &Nov. 2007
January 2002
Every month except March and
Open House Meetings
Review
May 2002
July & December 2007
February 2002
Policy Advisory Meeting
Newsletter
Rnal
March. June & October 2001 and
June 2007 and
Aprd 2002
January & April 2002
Apr# 2002
St. Peter - Special Study Area
Highway 19 and 169 - interchange development 2002
LOOKING FOR MORE INFORMATION? CHECK OUR WEB SITE!
If you want more detailed information about Mn/DOT'S Interregional Corridor Study, or the Highway 169 Corridor,
Mn/DOT has established a Website: J/ projects .dotstate.mn.us /srf /l 69/
QUESTION O R COMMENTS?
Throughout the study process there will be opportunities for the public to comment. If you have any questions or
continents about this study please visit the website or contact either:
Paul Czech, Principal Planner
Mn/DO Metro Division
Waters Edge — 1500 West County Road B -2
Roseville, MN 55113
Telephone: 651 -582 -1771
email: paul.czech @dot.state.mn.us
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CITY OF SAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Michael Hullander, Public Works Supervisor
SUBJECT: Purchase of Box, Flatbed, Hooklift and Plow
DATE: July 10, 2001
Earlier this year City Council approved a motion directing staff to proceed with the 2001
equipment acquisition of a single axle dump truck. This item is for Council to consider
authorizing the purchase of a box, flatbed, hooklift and plow for a complete truck
assembly.
In the 2001 Capital Equipment Budget the Public Works Department requested and was
authorized to replace existing Single Axle Dump Truck # 109 and Stake Body Truck #
111 with one single axle dump truck with a hooklift system. By using a hooklift system
one truck can use various boxes and equipment to minimiz the need for an excessive
number of one - dimensional dump trucks and maximize the usage of our trucks.
Staff is requesting to purchase a hooklift, flatbed and contractors box from ABM
Equipment & Supply Inc. for the purchase price of $44,809.00. Staff is also requesting to
purchase a snowplow with installation from J -Kraft, Inc. for the purchase price of
$8,912.24 utilizing the State contract. Previously, a single axle truck was authorized at a
cost of $44,824. using a State Bid. Total cost of the truck and equipment is $98,545.24.
The Public Works Department estimated $100,000-00i the Capital Equipment Budget.
ALTERNATIVES:
1. Authorize the purchase of a hooklift, flatbed and box from ABM Equipment &
Supply Inc. for the purchase price of $44,809.00. Authorize the purchase of a
plow from J -Kraft, Inc. using the State bid price of $8,912.24.
2. Do not authorize purchase at this time.
3. Table for additional information.
Staff recommends Alternative No. 1.
Move to authorize the purchase of a hooklift, flatbed and box from ABM Equipment &
Supply, Inc. for the purchase price of $44,824.00 and a plow from J -Kraft, Inc. using the
State bid price of $8,912.24. These equipment purchases will be funded from the Internal
Service Equipment Fund.
E
Michael Hullander
Public Works Supervisor
/,5 1 D - V.
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Michael Hullander, Public Works Supervisor
SUBJECT: Purchase of Snow blower for Front -end Loader.
DATE: July 10, 2001
INTRODUCTION:
CONSENT
The 2001 Capital Equipment Budget for the Public Works Department (Street Division)
identifies a need to replace the 1987 root snow blower. This item is for Council to
consider authorizing the purchase of one Tenco model TC- 172 -Lm from ABM
Equipment & Supply Inc.
BACKGROUND:
The Public Works Department is requesting to replace the 1987 root snow blower, which
was an excellent purchase by the City and has served our department well. This snow
blower is beyond the replacement guidelines and is becoming more in need of major part
replacements and unfortunately is no longer in production.
This snow blower is used for removing snow from the downtown area, around churches
and schools along the sidewalks on 10 Ave. and other major roadways.
Staff has extensively researched the replacement of this blower and is requesting to
purchase a Tenco model TC- 172 -LM as per State contract #426531 for the purchase price
of $57,510.00. Price includes trade -in and MN sales tax with this equipment purchase to
be funded from the Internal Service Equipment Fund. The Public Works Department
budgeted $70,000.00 for the purchase.
ALTERNATIVES:
1. Authorize the purchase of one new Tenco model TC- 172 -LM from ABM
Equipment & Supply Inc. for the purchase price of $57,510.00.
2. Do not authorize the purchase at this time.
3. Table for additional information.
Staff recommends Alternative No. 1.
, 1 �l /1 xCy Y X11
Move to authorize the purchase of one new Tenco model TC- 172 -LM snow blower from
ABM Equipment & Supply Inc. for the purchase price of $57,510.00 with payment to be
expended from the Internal Service Equipment Fund.
Michael Hullander
Public Works Supervisor
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize Additional Work on
2000 Reconstruction Project for Friendship Manor
DATE: July 10, 2001
INTRODUCTION:
Friendship Manor has requested additional work be done for sidewalks and driveways
associated with the 2000 Reconstruction Project for their property. This agenda item is
for City Council to consider whether or not to add this additional work to the 2000
Reconstruction Project and assess it to Friendship Manor property.
BACKGROUND:
Previously, at a City Council meeting, Friendship Manor did request additional sidewalk
along 3rd Avenue for use of their employees and visitors and residents of Friendship
Manor. At this meeting City Council directed staff to have further discussions with
Friendship Manor on what sidewalks and what locations would be necessary. Staff has
met with Friendship Manor representatives and have determined the amount of sidewalk
that would be beneficial to their site.
Attached is a drawing showing the additional sidewalk work along 3 Avenue and
Harrison Street that is being requested by Friendship Manor. In addition to this sidewalk
work, Friendship Manor is requesting a relocation of their driveway for supplies that are
delivered to their facility. Also attached to this memo is a quote from the contractor on
the 2000 Reconstruction Project for the additional work as requested by Friendship
Manor. The total cost of the sidewalk and driveway relocation work including curb &
gutter is $39,925.00. This amount does not include any administration or engineering
costs which would be added on as part of this assessed work, if Council agrees. The
additional work without curb & gutter for the driveway was quoted at $33,985.00.
At the time of writing this memo, Friendship Manor is asking to eliminate the sidewalk
work from the delivery driveway to Harrison Street. A revised quote for the remaining
work is $25,900.00 from Northwest Asphalt, Inc. Engineering and administrations costs
will be added as well for assessment purposes.
The representatives of Friendship Manor have been contacted on the cost of this
additional work. Attached is a letter from them agreeing to have this work added to the
2000 Reconstruction Project contract and for them to be assessed this work over a 10-
year period. This Council item is to authorize this additional work and to agree to have
this cost assessed to Friendship Manor.
ALTERNTIVES:
1. Approve a motion authorizing the additional work, as outlined in this memo, and
to have this additional cost assessed to Friendship Manor.
2. Do not approve a motion authorizing this additional work.
3. Table for additional information.
Staff recommends Alternative No. 1. This additional work could be done with the 2000
Reconstruction Project and is partly due because of the reconstruction project and would
benefit the Friendship Manor property.
ACTION REQUESTED:
Approve a motion authorizing the additional work, as outlined in this memo, and to have
this additional cost assessed to Friendship Manor.
JA
Bruce Lone
Public Works Director
BL/pmp
FRIENDSHIPMANOR
07/09/2001 16:06 9524451056 NORTHWEST ASPHALT IN PAGE 01/03
ASPHALT INC.
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NORTHWEST ASPHALT� INC.
'The only way to pave"
1451 STAGECOACH ROAD
Date. 7
Prom:
SHAKOPEE, MN 55379 -2797 PHONE (612) 445 -1003
FAX (6 12) 445 -1056
Number of Pages Including Cover: Z
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Original Ivi11 _ — Will Not _ follow bn the mail
* if you do ooe receive all pages or have trouble with this transixtission, please call out of:£ize iu'mediately.
AN EQUAL OPPORTUNITY EMPLOYER
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NORTHWEST ASPHALT IN
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1451 STAGECOACH ROAD SHAKOPEE, MN 55379 -2797
PAVING & EXCAVATION
PROPOSAL SUBMITTED TO
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CITY. STATE AND ZIP CODE
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DATE OF PLANS
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A rrrp t a+ rupari al ^ The above prices,
speoificai-'ons and conditions are satisfactory and are hereby accepted. You are &gnature
authorized to do the work as specified. Payment will be made as outlined above,
days.
Date Acceptance: Signature
07/09/2001 16:06 9524451056
NORTHWEST ASPHALT IN
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July 11, 2001
TO: Shakopee City Council
FROM: Friendship Manor Heath Care Center
1340 West Third Avenue
Shakopee, MN 55379
Friendship Manor would like to request to add the sidewalk and
driveway to the 2000 Reconstruction Project. Friendship Manor
would be assessed the additional cost.
We agree not to appeal this additional assessment cost.
Thank you very much for your consideration.
Sincerely yours,
&UU.X ) 4"
Bruce Salmela
Acting Administrator
`
/
/
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Accept Resignation of Scott Smith, Project Engineer
DATE: July 10, 2001
affi .��; @
Attached is a letter of resignation from Scott Smith, Project Engineer, effective July 9,
2001.
BACKGROUND:
Scott Smith has submitted a letter of resignation effective June 25, 2001 with his last day
of employment being July 9, 2001. Mr. Smith has been an Engineering Technician IV
and recently promoted to Project Engineer for the City of Shakopee for the past 2 V2
years. The City Council is being requested to accept this resignation with regrets and
wish him well in his future endeavors.
ALTERNATIVES:
1. Move to accept the resignation of Scott Smith with regrets.
2. Authorize the Engineering Department to continue its search for persons to fill the
vacant positions in the Engineering Department.
3. Table action pending further information from staff.
Staff recommends Alternative No.'s 1 and 2.
��M
1. Move to accept the resignation from Scott Smith with regrets.
2. Authorize the Engineering Department to continue advertising for vacant
Engineering positions in the Engineering Department.
� �w3- ��N6
Bruce Loney
Public Works Director
BL /pmp
SMITH
CITY OF SHAKOPEE
Memorandum
Cu'" S ENT
TO: Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: 2002 Assessing Contract
DATE: June 28, 2001
Introduction
Council approval for an assessing agreement with Scott
County for 2002 is requested.
Background
Attached is the proposed assessment agreement for 2002. The
amount is increased from $64,900 to $74,400, a 14.60
increase. The number of parcels in Shakopee was 8,658 last
year and about 9,300 this year. This is a 6.7% increase in
the per parcel cost compared to a 0% increase last year.
Also authorized by the Legislature is the option to transfer
Board of Review duties and powers to the County Board of
Equalization. The transfer can be permanent or for a
specified number of years. There is a three year minimum
for the transfer.
Action
Move to authorize the proper city officials to execute the
assessment agreement with Scott County for the 2002
assessment year in the amount of $74,400.
Gregg Voxland
Finance Director
C: \9re9g \memo \assess02
JOtNT POWERS AGREEMENT
• ' ASSESSMENT OF OF • '
THIS JOINT POWERS AGREE: T is made and entered into by and between the City
of Shakopee and the County of Scott, State of \Minnesota, pursuant to Minnesota Statute 273.072
and Minnesota Statute 471.59.
WHEREAS, the Cit of Shakopee wishes to enter into an agreement with the County of
Scott to provide for the assessment of the property in said City of Shakopee by the County
Assessor's office; and
WHEREAS, it is the wish of said County to cooperate with said City of Shakopee to
provide for a fair and equitable assessment of property;
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, IT IS AGREED AS FOLLOWS:
1. That the City of Shakopee which lies within the County of Scott and constitutes a
separate assessment district, shall have its property assessed by the County Assessor of Scott
County, for the assessment year 2002. All work done necessary to the establishment of the
estimated market value for each parcel shall be performed by the Scott County Assessor or by one
or more of the licensed assessors under his direction and supervision.
2_ It is hereby weed that the City of Shakopee and all of its officers, agents, and
employees shall render full cooperation and assistance to said County to facilitate the provision of
the services contemplated hereby.
3. In consideration for said assessment services, the City of Shakopee hereby agrees to
pay the County of Scott the sum of $74,400, such payment to be made to the County Treasurer
on or before July 15, 2002.
4. The County agrees that in each year of this Agreement it shall, by its County Assessor
or one or more of his appraisers, view and determine the market value of at least twenty -five
percent (25 %) of the parcels within this taxing jurisdiction. It is further agreed that the County
shall have on file documentation of those parcels physically inspected for each year of this
agreement_
5. Each named party to this agreement shall be liable for its own acts to the extent
provided for by law and hereby agrees to indemnify, hold harmless and defend the other named
parties to this agreement, its officers and employees against any and all liability, loss, costs,
damages, expenses, claims or actions, including reasonable attorney's fees with the other, its
officers and employees may hereafter sustain, incur or be required to pay, arising out of or by
reason of any act or omission of the parry, its agents, servants, or employees, in the execution,
performance, or failure to adequately perform its obligations.
This provision to indemnify and hold harmless does not constitute a waiver by any
named party to limitations on liability provided by Minnesota Statute Sec. 466. Further, all
workers' compensation claims shall be handled in the jurisdiction in which the agent is employed.
6. It is understood by the parties that, pursuant to Minnesota Statute 273.072, this Joint
Powers Agreement must be approved by the Commissioner of Revenue, State of Minnesota.
IN WITNESS WHEREOF, the City of Shakopee has executed this agreement by its
Mayor /Chairperson and City Administrator by the authority of its governing body and the County
of Scott has executed this agreement by its Chairperson, County Administrator, and County
Assessor pursuant to the authority of the Board of Commissioners intending to be bound thereby.
City of Shakopee:
City Mayor/Township Chairperson
City Administrator
City/Township Clerk (if applicable)
County of Scott:
Chairperson
County Board of Commissioners
County Administrator
County Assessor
Date
Date
Date
Date
Date
This agreement is hereby approved by the Commissioner of Revenue, State of Minnesota on this
day of
Commissioner of Revenue,
State of Minnesota
Approved as to form:
Scott County Attorney
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Derby Days Street/Parking Lot Closings
DATE: June 28, 2001
INTRODUCTION:
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 2th - Sunday, August 5th.
Events similar to those in previous years, including the Taste of Shakopee on Thursday,
beer tent and dance on Friday, and a parade on Saturday will again be held.
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.
If there are issues of concern for the Police Department, they will so indicate prior to the
Council meeting.
A representative of Derby Days will be in attendance at the July 10th 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 on Wednesday, August 1 at 5:00 PM until noon on
Sunday, August 5th.
2. Parking lot between Lewis and Holmes Street August 2 -4 (carnival rides).
3. Lewis Street, and Holmes Street north of 2 Avenue, and Holmes Street north of
alley, leaving access to parking lot via Holmes St., and 1 Street from Holmes to
Sommerville Streets on Thursday August 2 through Saturday August 4 from
8:00 AM until 8:00 PM. (Sidewalk Sales)
4. 3 Avenue from Sommerville to Lewis Streets on Saturday August 4 from noon
until 3:00 PM. (Water Fights)
5. Lewis Street from 4 Avenue to 2nd Avenue on Saturday August 4 from 2 PM.
(Soap Box Derby)
6. Exit from County Road 69 onto Holmes Street and 1 Avenue from Holmes St. to
Lewis St. on Thursday, August 2 from 2 PM (Taste of Shakopee)
7. 3 Avenue and 4 Avenue from Naumkeag Street to Holmes Street from 8:00
AM until 1:00 PM. on Saturday (Parade Route)
8. Alleys between sommerville St. to Holmes St. up to the parking area behind Real
Gem Jewelers and Art Gallery — August 2 -5
8. Authorize sidewalk sales by downtown merchants - Thursday through Saturday
9. Authorize the assistance of Public Works for set up of picnic tables, benches, and
clean up as needed.
�
If the Council concurs, it should, by motion, approve the listed parking and traffic related
issues relating to Derby Days, August I —5 th
Mark McNeill
City Administrator
MM:tw
CC: Judy Cox
Dan Hughes
Public Works
Sincerely,
Jack McGovern
Board of Diredtors
Shakopee
I)erby Days
Presented by the Community of Shakopee & the Shakopee Jaycees
Shakopee, MN 55379
Board of Dimetors
President
.lack McGovern
Mark McNiel,
(952) 445 -5791
Vice president
Lisa Goemer
(952) 294 -7676
Please find enclosed a request for street closings for the Derby Days
Festival.
Treasurer
Carolyn Luce
(952) 316 -3630
The Derby Days committee has sent to all businesses around the
area a letter of last year's and this year's street closings. They were
Parade Chair
also invited to attend any meeting during the year with the meetin.,
Brenda Reedy
(952) 953 -9731
schedule of Derby Days. A letter has been sent in the mail Friday
June 15, 2041 with updated street closings as well as the July 10
Vendors
date of the council.
Mike Barlow
(952) 368 -4968
We would again lake to thank you for the continued support you
Crafters
have given the Derby Days Committee.
Lelia Pope
(612) 233 -1718
Fireworks
Carl Bilda
(952) 445 -9739
l
Sincerely,
REQUEST FOR STREET AND PARK[NG LOT CLOSE
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 Ave.
This notice will be given to all businesses and residents in the area.
Wednesday August I
Block off part of the parking lot for tents to be set up.
By 9:00 AM
Please place 10 pylon cones in front of Bill's Toggery
Please place road barriers on 3rd Ave. and Lewis St, the parking lot entrance on Holmes
St. on the comer of 1st Ave. and Holmes, and comer of 1ST Ave. and Sommerville
FYI Derby Days Volunteers will
Post parking restriction notices by 8:00 AM Wednesday morning
Set up for Taste of Shakopee at 1:00 PM
Arrange picnic tables for Friday's Street Dance
By 3:00 PM
Please place 20 garbage receptacles near large tent, 6 at Public Utilities parking lot and
100 along parade route, 2 on opposite comers of each intersection an I on every block of
the route.
Please hall and fare fine court sand, drag sand, install poles and side line rope, and
deliver 2 8 foot step ladders and rakes behind library on northeast comer.
FYI
Derby Days volunteers will:
Post parking restriction notices by 8:00 AM
Set up for Food Vendors and Street Dance by 8:00 AM
Begin fencing beer garden area by 10:00 AM
By 7:30 AM
Please empty garbage receptacles in parking lot
Please place 24 garbage receptacles near hydrant on 2ND Ave. and Lewis St.,
14 near large tent, 8 at intersection of 2ND Ave and Lewis St. 6 by the
Volleyball Court.
F"arade
Piqzag-
and clean up after the parade, anytime after 12:00 PM.
FYI
Derby Days volunteers will:
Sell pop along the parade route from 9:45 until noon
Cluster tables and benches
Arrange garbage cans, barricades, fencing, and keg
�XIIIJQIIII
By 6:00 AM
Please sweep parking lot between Lewis and Sommerville for Pancake and Sausage
Breakfast.
MONDAY AUGUST 6T
Please return Renaissance Benches
Pick up picnic tables and canopy from Public Utilities Buildlt
m
Call Jack if you have any questions.
445-0937 home
445-5791 work
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Second Avenue Fire Parking Restrictions
DATE: June 26, 2001
MTFF �/;
C n R R 71M 1 R „
u t 311 i�� L
The Council is asked to consider restricting the area along the north side of Second
Avenue in the area adjacent to the Downtown Fire Station as "Fire Parking Only".
I was recently contacted by the new owner of the quilt shop that occupies the former
Shakopee Depot. Their request was to restrict parking on the north side of Second
Avenue near the Depot. They anticipate their customers wanting to park in the area
immediately in front of the north Fire Station apparatus doors. They realize that Fire
Fighters responding to fire calls have traditionally used this area, and they did not want
to impede prompt response.
In speaking with Fire Chief Mary Athmann, he agrees with the need for that, but was
concerned about permanently marking the location with yellow paint, as the Downtown
Fire Station is also a polling place, and the parking on Second Avenue is at a premium on
days when the polls are open. For that reason, we suggest that only signage be erected in
the area immediately adjacent to the Fire Station, reading "Fire Parking Only".
The quilt shop will use on- street parking west of the depot building, and this Fall
anticipates having a parking lot on the north side of the quilt shop building.
I recommend that Council direct that parking restrictions as described above be placed on
Second Avenue.
[Taff 1 1
If the Council concurs, it should, by motion, direct that "Fire Parking Only" signage be
erected on the north side of Second Avenue east of Scott Street, for a distance of 160 feet,
across 2nd Avenue from the Downtown Fire Station.
Mark McNeill
City Administrator
MMAh
IS - , 1
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: City Hall/Public Services Building Reroofing Contract
DATE: July 5, 2001
The Council is asked to adopt plans and specifications, and order the advertisement for
bidding the reroofing of the City Hall and Public Services buildings.
Over the past several years, we have experienced a significant number of leaks in the
roofs at City Hall and Public Services (the combined Police and Public Works building).
Both facilities have their existing roofs — the City Hall building was built in 1957, and a
two -story addition was constructed in 1970. No "as built" plans were able to be located
for the City Hall building, and JEA Architects was hired to produce plans showing the
existing conditions, which were then used to do the reroofing specifications.
The Public Services building was constructed in 1975. Some work was done since then
which built up a portion of the roof, but probably 80% of the roof is original.
ESTIMATES AND DISCUSSION:
City Hall Roof - The architect's estimate for the City Hall roof is $240,000. The cost is
a reflection of several things:
1. The portion of this roof located where the one -story and two -story portions meet
caused a transition roof (a "metal shed" roof) to be constructed over the southern
portion of the one -story part, to deal with leaks and snow loading problem. That
will need to be demolished, and then reconstructed.
2. There is a significant amount of metal fascia that has sealant which must be
removed and replaced.
3. The roof has two types of structures — one a metal deck, and one a gypsum deck.
The gypsum deck requires a more detailed treatment then would a metal deck.
4. Several different flashing conditions exist as a result of the high and low roof.
The architect has indicated that the City Hall roof contract especially will be prone to
Change Orders, given the number of unknown conditions which could not be
economically determined during the "as built" study. The specifications have been put
together anticipating normal conditions; until the roof gets opened up, those cannot be
guaranteed.
Public Services Building — The estimate for the Public Services building is about
$380,000. Highlights of this roof include:
The original roof was constructed with little slope — it is virtually flat. This has
led to water ponding problems. The new specifications provide for sloping.
2. The existing roof had external drains (leading to problems with freezing, and
clogging of the external scuppers). The new specifications call for an internal
drainage system, which is superior and will allow for future add -ons to the
building.
3. There is little existing insulation, which is being added which will make the
building more energy efficient.
4. At the request of the Public Works Department, skylights are being added, which
adds the cost of sky lighting and structural modifications to support those.
The skylights are being added as two "deduct alternates ". There would be eight
in the maintenance bay (shop) area, and another seven in the equipment area. The
total cost of the skylights to be added is in the $30,000 to $40,000 range.
However, they are an insulated skylight design which will increase energy
efficiency and improve the workspace in the building. However, depending on
final costs, Council can choose to not accept the skylights.
Overall, while it seems expensive, it is a large roof area, and basic maintenance indicates
that it must be done at this time.
The most recent building fund estimate contain $250,000 for City Hall, and $340,000 for
the Public Works building reroofing projects. Depending on the bids received, it may
reduce the amount available in the Building Fund.
I` 1
I recommend that the plans and specifications be adopted, and that staff be directed to
advertise for bids.
If the Council so approves, bids will be opened on August 3 with an award to be made
at the August 7 th Council meeting. It is anticipated that work could take place in
September and October of this year.
' 1 1
If the Council concurs, it should, by motion, adopt the plans and specifications for the
City Hall and Public Services building reroofing project as prepared by JEA Architects,
and direct that advertisement for bids be made.
Mark McNeill
City Administrator
MM:th
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: City Administrator Annual Evaluation
DATE: July 5, 2001
The Council is asked to approve a subcommittee that would perform the City
Administrator's annual performance evaluation.
IS �J <
On July 22 I will be observing my fifth anniversary as City Administrator in Shakopee.
In previous years each of the members of the City Council submitted written comments
about my performance to the Mayor. The Mayor and one other member of the Council
then met with me to review those performance comments and set goals for the upcoming
year.
If the Council is again agreeable to the format, Mayor Brekke will need to appoint one
Councilor to serve with him on an evaluation subcommittee.
All of the Council will be provided with evaluation forms to assist them in working their
comments.
If acceptable, the Council should approve Mayor Brekke and one Councilor to serve as a
City Administrator performance evaluation subcommittee, to discuss areas of
performance and set goals for the upcoming year.
Mark McNeill
City Administrator
MM:th
1,5 F:- � -
CITY OF SHAKOPEE
Memorandum
TO: Economic Development Authority
FROM: Paul Snook, Economic Development Coordinator
SUBJECT: Resolution No. 5557, Resolution Authorizing Expansion of the
Target Area and Extension of Grant Period for the Shakopee Small
Cities Development Program
MEETING DATE: July 10, 2001
Introduction
City Council is asked to adopt Resolution No. 5557, Resolution Authorizing Expansion
of the Target Area and Extension of Grant Period for the Shakopee Small Cities
Development Program.
Background
At the December 5, 2000 meeting, the EDA directed staff to request that the Department
of Trade & Economic Development allow an extension of the time limit of the Shakopee
SCDP grant, and to permit the reallocation of funds (among activities) within the
program. Staff contacted Shakopee's representative at DTED, Leona Humphrey with the
request. Ms. Humphrey replied that the Shakopee SCDP grant end date is 9- 30 -01, and
that the City should wait until sometime further into 2001 to make the request. Ms.
Humphrey also explained that since grant extensions are more common than not for the
SCDP program, particularly for comprehensive projects such as Shakopee's, she doesn't
anticipate DTED having a problem extending Shakopee's grant period for another year if
needed.
As part of DTED's administration of the SCDP program, Ms. Humphrey recently
conducted a monitoring visit, meeting with City and Carver County HRA staff. Among
the items discussed were extension of the time limit of the grant for another year, and
expansion of the housing target area. In order to implement these changes, the Grant
Agreement between the City and DTED must be modified. The Grant Agreement
modification is initiated through submitting a letter to DTED requesting the changes. A
resolution from the City Council authorizing these changes must accompany the letter.
Staff has determined the expansion area and drafted the letter and accompanying
resolution (see attachment).
extenregmo2.doc
As to reallocating commercial rehab funds to the owner- occupied housing and rental
housing segments of the program, Ms. Humphrey advised that before considering
reallocation, more marketing be done in the commercial area, and sufficient time given
during the grant extension period for commercial property owners to access the program.
The extension should assist in greater use of the program by commercial property
owners.
Action Requested
Offer and pass a motion adopting Resolution No. 5557, Resolution Authorizing
Expansion of the Target Area and Extension of Grant Period for the Shakopee Small
Cities Development Program.
extenregmol doc
•
July 2, 2001
Ms. Leona Humphrey
Minnesota Department of
Trade & Economic Development
500 Metro Square, 121 7 Place East
St. Paul, MN 55101
Dear Ms. Humphrey:
This letter is a request for changes to the Grant Agreement for the Shakopee Small Cities
Development Program.
As you recall from the recent meeting with Carver County HRA Director Julie Frick and I, we
discussed the extension of the time limit of the grant for another year, and expansion of the
housing target area. You mentioned that in order to implement these changes, the Grant
Agreement between the City and DTED must be modified, and that this is done through
submitting a letter to DTED requesting the changes. In addition, per the SCDP Implementation
Manual, a resolution from the City Council authorizing these changes must accompany the letter
requesting the change.
The Shakopee City Council has determined that in order to maximize the Shakopee Small Cities
Development Program, the following changes to the Grant Agreement are needed:
1. An extension of the time limit of the Shakopee Small Cities Development Program grant
for one year, to September 30, 2002, and
2. An expansion of the owner- occupied housing and rental housing rehabilitation target
area, as exhibited on the map accompanying the enclosed resolution.
The Shakopee City Council adopted Resolution No. 5557 (see attachment), which contains the
changes listed above.
If you have questions or need additional information, please call .me at (952) 496 -9661.
Best s
Paul Snook
Economic Development Coordinator
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South • Shakopee, Minnesota • 55379 - 1351.95245 -3650 • FAX 9521145 -6718
• t •
CITY OF SHAKOPEE, MINNESOTA
RESOLUTION AUTHORIZING • OF D
EXTENSION OF GRANT PERIOD FOR THE SMALL CITIES DEVELOPMENT
• .
WHEREAS, the City of Shakopee has been allocated funds by the United States Department
of Housing and Urban Development (HUD) under the Community Development Block Grant
Program through the Minnesota Department of Trade and Economic Development Small
Cities Development Program for the rehabilitation of 30 single- family homes, the
rehabilitation of 30 rental residential properties and the rehabilitation of 15 commercial
properties; and
WHEREAS, the City of Shakopee and Minnesota Department of Trade and Economic
Development entered a Grant Agreement, outlining the general provisions of grant activity
including the grant completion date and program target area; and
WHEREAS, according to the Grant Agreement, the Shakopee Small Cities Development
Program grant end date is 9- 30 -01; and
WHEREAS, to date, 44% of the $741,750 funded for rehabilitation activities has been used
by property owners in the target area; and
WHEREAS, the City of Shakopee finds that in order to realize full advantage of the Small
Cities Development Program, an extension of the time limit of the grant for one year, to
September 30, 2002, is needed; and
WHEREAS, the City of Shakopee finds that in order to increase the effectiveness of the
Small Cities Development Program, an expansion of the owner- occupied housing and rental
housing rehabilitation target area is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFT E CITY
OF SHA OPEE, that in order to maximize the Shakopee Small Cities Development
Program, the following changes to the Grant Agreement are needed:
1. An extension of the time limit of the Shakopee Small Cities Development Program
grant for one year, to September 30, 2002, and
2. An expansion of the owner - occupied housing and rental housing rehabilitation target
area, as exhibited on the attached map.
Adopted in
Minnesota, held this
session of the City Council of the City of Shakopee,
day of 2001.
I CERTIFY THAT the above was adopted by the City Council of the City of Shakopee on
Mayor of the City of Shakopee
MIM
Cify Administrator
City Clerk
J° ice'
li
S'.
RESOLUTION NO. 5558
A RESOLUTION OF SPECIAL COMMENDATION TO CONSENT
JERRY POOLE
Be it remembered that on the 17th day of December, 1975, Jerry Poole
entered City employment and from that date on he has faithfully served the
City of Shakopee, its citizens and residents over and beyond the call of duty for
all these many years.
Therefore, be it resolved by the Shakopee City Council that the City
hereby expresses its deep appreciation and gratitude and do hereby commend
Jerry Poole, for his devotion to duty, his loyalty and his friendship.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota, held this 10 day of July, 2001.
Jon P. Brekke, Mayor
Judith S. Cox, City Clerk
City of Shakopee
Memorandum
TO:
FROM:
SUBJECT:
MEETING DATE:
Introduction
Mayor and City Council
Mark McNeill, City Administrator
Tracy Coenen, Management Assistant
Recycling Program Agreement
July 10, 2001
The Council is asked to authorize an agreement between Scott County and the City for
reimbursement of recycling expenses.
Background
This year, as in previous years, Scott County has provided reimbursement to participating
cities for recycling efforts. Monies are provided to Scott County from the Minnesota
Office of Environmental Assistance.
This goes to help cover some of the expenses incurred on Clean-Up Day, which occurred
on April 21", regarding recycling such things as tires, used appliances, electronics, and
other solid waste recyclables.
This is actually for expenditures, wMch have occurred on April 29 however, we did not
receive the agreement or final expenditures from the County or vendors until after that
date.
Recommendation
I recommend that the City enter into the agreement.
Action Required
If the Council concurs, it should, by motion, authorize the appropriate officials to sign the
"Recycling Program Agreement" by and between Scott County and the City of Shakopee.
Tracy�n
Management Assistant
. . •
THIS AGREEMENT made and entered into between the COUNTY OF SCOTT, State of
Minnesota, hereinafter referred to as the COUNTY by and through the Scott County
Board of Commissioners, and THE CITY OF SHAKOPEE, Scott County Minnesota,
hereinafter referred to as the CITY, by and through the City Council.
IT ESSET :
WHEREAS, Minn. Stat. Sect. 473.8441, establishes the Local Recycling
Development Program providing grants to counties to be distributed by the Office of
Environmental Assistance; and
WHEREAS, Minn. Stat. Sect. 115A.557, establishes the COUNTY Waste
Reduction and Recycling Funding program to be distributed by the Office of
Environmental Assistance; and
WHEREAS, Scott County has received funding from the Office of Environmental
Assistance identified as Local Recycling Grant; and
WHEREAS, These funds are to be used for the activities specified in the Office of
Environmental Assistance Grant Agreement and approved by the Scott County Board
on May 2, 2000; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement, the parties mutually agree to the following terms and
conditions:
This Agreement shall establish a mechanism for distribution of funds obtained from
the Minnesota Office of Environmental Assistance in accordance with respective
agreements related thereto for implementation and /or enhancement of recycling
programs in Cities and Townships within Scott County consistent with the COUNTY
Solid Waste Master Plan.
The CITY is obligated and agrees to the following:
a. Recyclable materials will be collected by a hauler licensed by Scott County;
b. Recyclables will be delivered to a licensed recycling facility;
c. Organic materials (yard and tree waste) will be processed into compost at a
licensed /permitted yard waste compost facility or a permitted land application site;
d. Upon completion of the event, a report will be submitted to the COUNTY
identifying the quantities of materials recycled, the facility to which they were
delivered and processed at; including actual expenditures and revenues.
In the event that another jurisdiction (city or township) participates with the CITY's
event, the COUNTY will transfer the participating jurisdiction's allocated share in
the program funding to the CITY upon receipt of a resolution from the participating
jurisdiction indicating involvement. The CITY shall advertise the neighboring
jurisdiction's participation and allow their residents to participate in the collection.
In the event that a neighboring jurisdiction participates with the CITY's event, the
CITY shall provide the Authorized Agent of Scott County a copy of any and all such
advertisements.
This Agreement shall be effective upon execution by all parties to the Agreement.
This Agreement shall remain in effect until December 31, 2001, or until all
obligations set forth in this Agreement have been satisfactorily fulfilled, unless earlier
terminated as provided in Section 20 herein.
The COUNTY shall pay to the CITY a percentage of the grant money available
through the COUNTY for this program, determined by each Scott County
municipality and township population; to be used for the development and /or
enhancement of recycling programs.
• AVAILABILITY O
Notwithstanding any provision of this Agreement to the contrary, the maximum
amount of grant payment available to the CITY under this agreement is $6,569.00.
Any funding availability for future years or for other recycling projects shall be at the
complete discretion of the COUNTY.
9
Any grant payments provided to the CITY under this Agreement shall be returned to
the COUNTY in the event the grant payment is not used according to the
requirements of this Agreement or has not been used within twelve (12) months of
receipt by the CITY, whichever occurs first.
Scott County shall appoint an authorized agent for the purpose of administration of
this Agreement. The CITY is notified of the authorized agent of Scott County as
follows:
Steve L. Steuber
Environmental Health Department
200 Fourth Avenue West
Shakopee, MN 55379 -1393
Complete and accurate records of the activities performed pursuant to this
Agreement shall be kept by the CITY for a minimum of three (3) years following
termination of this Agreement. The retention period shall be automatically extended
during the course of any administrative or judicial action involving the COUNTY of
Scott regarding matters to which the records are relevant. The retention period shall
be automatically extended until the administrative or judicial action is finally
completed or until the authorized agent of the COUNTY notifies the CITY in writing
that the records need no longer be kept. Pursuant to Minn. Stat. Section 166.06,
Subd. 4, the books, records, documents, and accounting procedures and practices
of the CITY relative to this Agreement shall be subject to examination by the
COUNTY and the State Auditor.
1 9
The CITY shall save and protect, hold harmless, indemnify, and defend the
COUNTY, its commissioners, officers, agents, employees and volunteer workers
against any and all liability, causes of action, claims, loss, damages or cost and
expense arising from, allegedly arising from, or resulting directly or indirectly from
any errors and omissions and /or negligent acts and omissions of the CITY in the
performance of this Agreement.
The CITY shall not subcontract any portion of the work to be performed under this
Agreement nor assign this Agreement without the prior written approval of the
authorized agent of the COUNTY. The CITY shall ensure and require that any
subcontractor agrees to and complies with all of the terms of this Agreement. Any
subcontractor of the CITY used to perform any portion of this Agreement shall
report to and bill the CITY directly. The CITY shall be solely responsible for the
breach, performance or nonperformance of any subcontractor.
C OMPLIANCE WITH REQUIREMENTS O
In performing the provisions of this Agreement, both parties agree to comply with all
applicable federal, state or local laws, ordinances, rules, regulations or standards
established by any agency or special govemmental unit which are now or hereafter
promulgated insofar as they relate to performance of the provisions of this
Agreement. In entering into this Agreement, the CITY, its agents, employees and
any subcontractors of the CITY in carrying out the terms and conditions of this
Agreement, agree to abide by the provisions of the Minnesota Governmental Data
Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated
pursuant thereto.
The COUNTY and the CITY, respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement
and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of this Agreement. Neither the COUNTY nor the
CITY shall assign, sublet, or transfer any interest in this Agreement without the
prior written consent of the other.
The CITY shall arrange access, as necessary, to work sites for the COUNTY for
the purpose of verification of any requirements as described in this Agreement.
4
It is agreed that nothing contained in this Agreement is intended or should be
construed as creating the relationship of co- partner, joint venturers, or an
association with the COUNTY and the CITY. The CITY is an independent
contractor and neither it, its employees, agents, subcontractors nor representatives
shall be considered employees, agents or representatives of the COUNTY. Except
as otherwise provided herein, the CITY shall maintain, in all respects, its present
control over the means and personnel by which this Agreement is performed.
From any amounts granted to the CITY, there shall be no deduction for federal
income tax or FICA payments nor for any state income tax, nor for any other
purposes which are associated with an employer /employee relationship. Payment
of federal income tax, FICA payments, state income tax, unemployment
compensation taxes, and other payroll deductions and taxes are the sole
responsibility of the CITY.
Any notices to be given under this Agreement shall be given by enclosing the same
in a sealed envelope, postage prepaid, and depositing the same in the United
States Postal Service, addressed to the CITY at its address stated herein, and to
the authorized agent of the COUNTY at the address stated herein.
This Agreement is to be governed by the laws of the State of Minnesota.
The Parties agree that no amendments, alterations, variations, or modifications to
this Agreement, or any attachments hereto, shall have any force or effect unless
the change is reduced to writing and duly signed by the parties. The execution of
the change shall be authorized and signed in the same manner as for this
Agreement.
It is understood and agreed that this Agreement constitutes the entire Agreement of
the parties and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as
any previous agreements presently in effect between the COUNTY and the CITY
relating to the subject matter hereof.
This Agreement shall terminate under the following circumstances:
a. By mutual written Agreement of the parties;
b. By either party, with or without cause, giving not less than thirty (30) days
written notice, delivered by mail or in person to the other party, specifying the
date of termination;
c. This Agreement shall automatically terminate without notice on December 31, 2001.
MU :191;1 4MALDI&M
Assets acquired in whole or in part with grant payments provided under this
Agreement shall be the property of the CITY so long as said assets are used by the
CITY for the purpose stated in this Agreement. In the event the CITY discontinues
use of the assets for said purpose, any remaining assets shall, at the COUNTY's
discretion, either be returned to the COUNTY or sold, and the net proceeds of such
sale returned to the COUNTY.
In the event any provision of this contract shall be held invalid and unenforceable,
the remaining provisions shall be valid and binding upon the parties unless such
invalidity or non - enforceability would cause the contract to fail its purpose. One or
more waivers by either party of any provision, term, condition or covenant shall not
be construed by the other party as a waiver of a subsequent breach of the same by
the other party.
In connection with the work under this Agreement, the CITY agrees to comply with
the applicable provisions of state and federal equal employment opportunity and
nondiscrimination statutes and regulations. In addition, upon entering into this
Agreement, the CITY certifies that it has been made fully aware of Scott County's
Equal Employment Opportunity and American's with Disabilities Act, attached
hereto and incorporated herein as Exhibit A through both oral and written
communications, that it supports this policy and that it will conduct its own
employment practices in accordance therewith. Failure on the part of the CITY to
conduct its own employment practices in accordance with COUNTY Policy may
result in the withholding of all or part of regular payments by the COUNTY due
under this Agreement unless or until the CITY complies with the COUNTY Policy,
and /or suspension or termination of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
duly executed intending to be bound thereby.
By:
Title: Mayor
Date:
Date:
0
Michael Sobota
Community Development Director
SCOTT COUNTY
Community Development Division
Date:
Allen J. Frechette,
Environmental Health Manager
SCOTT COUNTY
Community Development Division
Date:
By:
Thomas J. Harbinson, County Attorney
Date:
7
15
R
City of Shakopee
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Lions Club Donation
DATE: July 9, 2001
Introduction & Backgroun
The City has received a check from the Lions Club with the intention that the funds be used for
Lions Park. The check will be deposited to the City's checking account for the Escrow Fund.
Council controls the use of donated gambling proceeds and has always directed the funds to
where the donator requested_
Action
Move to authorize the acceptance of $5,500.00 from the Lions Club and authorize the funds to be
placed in the Escrow Fund for use in Lions Park.
Gregg Voxland
Finance Director