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05/18/1993
TENTATIVE AGENDA May 18, 1993 Page -2- 11] Reports from Staff continued: *e] Building Inspector/Code Enforcement Officer - Res. 3804 *f] Former City Hall - Second Floor Lease Agreement Proposal g] Ladbrooke Presentation - Alternative Racetrack Uses *h] Completion of Probation - Scott Patrick i] Bond Referendum - verbal update 12] Resolutions and Ordinances: *a] Res. No. 3803 - Appointing Election Judges *b] Res. No. 3794 - Authorizing Issuance & Sale of $2, 690, 000 General Obligation Tax Increment Refund- ing Bonds, Series 1993A *c] Res. No. 3800 - Authorizing Ad for Bids for Minn. St. / Dakota Street/Alley, Project No. 1993-5 *d] Res. No. 3802 - Amending The Special Assessment Policy 13] Other Business: a] b] c] 14] Adjourn Dennis R. Kraft City Administrator REMINDER: 7 : 00 P.M. May 25th Public Info Meeting on Referendum; and, Committee of the Whole\1994 Budget Worksession TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA MAY 18, 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 8: 00 P.M. 2) Approval of Agenda 3] Liaison Reports from Councilmembers 4) Mayor's Report 5) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of May 4 , 1993 8] Communications: None 9) 7 : 30 P.M. Public Hearing on the 1993 Sidewalk Replacement Program, 1993-11 - Res.. No. 3799 10] Boards and Commissions: Planning Commission: *a] Milwaukee Manor 1st Addition - Amend Final Plat Approval To Allow Deferment of Park Dedication Requirements, Res. No. 3795 b) Parkview 1st Addition Preliminary Plat, located east of Marschall Road and north of Vierling Drive - Res. 3798 c] Westridge Bay Estates II Preliminary Development Plan, located north of CR-14 along southern shore of O'Dowd Lake - Res. No. 3797 d] Stonebrooke 2nd Addition Preliminary Plat, located in the southeast corner of the intersection of CR-78 and CR-79, Res. No. 3796 11] Reports from Staff: a) City Logo *b) Adding Pike Lake Road to the Municipal State Aid System (MSAS) - Res. No. 3801 *c] Authorize Purchase of Park Mower *d] Approve Bills in the Amount of $924 , 745. 74 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: May 14, 1993 1 . Attached is correspondence from the Building Official to Mr. Thomas Edman regarding 2043 Eaglewood Drive. 2 . Attached are the minutes of the April 6, 1993 meeting of the Shakopee Coalition. 3 . Attached is correspondence regarding the permit request cancellation for the Larry and Norbert Theis Property. 4 . Attached is the monthly progress report from CertainTeed regarding the odor at the Shakopee facility. 5 . Attached are the minutes of the April 5, 1993 meeting of the Shakopee Public Utilities Commission. 6 . Attached is the Building Activity Report for April . 7. A second Shakopee Mini By-Pass informational meeting is scheduled for Thursday, May 20th at noon in the Community Meeting Room at City Hall . 8 . Attached is the Police Newsletter for Council review. 9 . Attached are the April 21, 1993 minutes of the Scott County Economic Development Coalition meeting. 10 . Attached is correspondence from the Knights of Columbus regarding a resolution for park development in the area of the Knights of Columbus Hall in Shakopee . Please note : This item has been forwarded to the Park Board for further consideration. 11 . Attached are the May 11, 1993 minutes of the Civil Service Commission meeting. 12 . Attached is the monthly progress report from the Law Department . 13 . Attached is correspondence from the Metropolitan Waste Control Commission regarding the 1992 Final Sewer Service Statement . 14 . Attached is the Revenue and Expenditure Reports as of April 30, 1993 . 4griii CITY OF SHAKOPEE :tH INCORPORATED 1870 tk 129 HOLMES STREET SOUTH, SHAKOPEE,MINNESOTA 55379-1351 (612)445-3650 17y May 5, 1993 Mr. Thomas Edman 7620 49th Avenue North Apt. 361 New Hope, MN 55428 Re: Building Permit No. 9208 2043 Eaglewood Drive, Shakopee, Mn Dear Mr. Edman: Please be advised that the excavation at 2043 Eaglewood Drive, Shakopee, Mn (Lot 1 Block 1, Eaglewood 2nd Addition) has been left open for more than six months without proceeding with the erection of the building thereon. The wood framework across the concrete block foundation has deteriorated and in part collapsed. This situation constitutes a hazard to public safety and must be corrected. Therefore, as the owner of record you must correct this situation by filling the excavation to grade or begin the erection of the building forthwith. If you fail to comply with this order within 15 days, by May 24 , 1993 the City of Shakopee will cause the excavation to be filled to grade or protected and the cost will be charged against the above referenced real estate. If you have any questions, do not hesitate to call. S . 1 erely L.,// Fulton Schleisman Building Official F,S/kms IAC: Barry Stock Assistant City Administrator The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION APRIL 6, 1993 The meeting was called to order at 4 : 35 p.m. by Chair Eileen Moran. Members present: Beth Nikolai, Delphi House; Judson Kenyon, CAP Agency; DeDee Ordemann, American Red Cross; Eileen Moran, Scott County Human Services; Claude Kolb, Shakopee Knights of Columbus & Lions; Brian Norris, Citizens State Bank of Shakopee; and Barry Stock, City of Shakopee. CAP AGENCY: Judson Kenyon reported that March was Foodshare statewide drive. Our goal was 50, 000 pounds and $25, 000. Working on final figures. SACS SCHOOL: Sister Esther Wagner reported on registering students for next year. The Passion Play was a success. Father Hazel will be leaving Shakopee. CITY OF SHAKOPEE Barry Stock reported that the Shakopee Showcase will be April 19th at Canterbury Downs. On April 20th, City Hall will have an Open House from 4 : 30 - 6: 30 p.m. The Ice Arena and Community Center issue will be discussed at the City Council meeting. Question now is where to build the ice arena. New street projects are approved. The downtown bypass is moving along. First Avenue traffic will be congested this summer. Maybe a new city logo. Bloomington Ferry is on schedule. May 1 will be Shakopee Clean-up Day. DELPHI HOUSE Beth Nickoli reported that residents will be going to Camp Friendship this summer. AMERICAN RED CROSS DeDee Ordemann - currently doing a fund raiser. Served 22 people due to fire. 3 , 000 units of blood were donated. On Saturday May 22nd, there will be a Bike Rally from 11: 00 - 2 : 00 p.m. at Lions Park. There will be safety demonstrations as well as rescue units on site. The next bloodmobile will be April 15th at St. Mary' s. ROTARY CLUB Dave Eckart reported that the Pancake Breakfast will be at the high school on April 18th from 7 : 00 a.m. to 1: 00 p.m. MCF/SHAKOPEE Sandy Masin handed out brochure on industry projects at MCF. Official Proceedings of the April 6, 1993 Shakopee Coalition SCOTT COUNTY HUMAN SERVICES Barbara Harding - Public Health Nurse at Scott County Human Services presented information on the higher than average county cancer deaths. A coalition has been formed to try and change behaviors to prevent cancer. Education is a primary need. Eileen Moran reported on the child abuse radiothon. AMERICAN CANCER SOCIETY Bonnie Sokolov reported that the American Cancer Society has a cancer information handbook. These can be ordered through your doctor or a service organization. GENERAL COMMENTS Brian Norris will contact Donna Harms with Central Elementary School to see if she would talk on program "Skills for Adolescence. " Meeting Secretary, Brian Norris, will be gone for the June meeting. If you would take minutes at this meeting, please contact Brian. Next meeting of the Shakopee Coalition is scheduled for May 4 , 1993 in the Citizens State Bank Community Room at 4 : 30 p.m. Respectfully Submitted Brian Norris LAND F A R M S , INCORPORATED • 7313 Franklin Circle East • Eden Prairie . MN .55346 • ( 612 ) 937 - 352.6 s May 3, 1993 • Ms. Barbara Hearley. Minnesota Pollution Control Agency Hazardous Waste Division Tanks and Spills Section 520 Lafayette Road St. Paul, MN 55155 Subject: Permit Request Cancellation, Larry and Norbert Theis Property - Shakopee, Miimesota • MPCA Site ID: PCS/LTF-8 • Land Farms, Inc. No. 008 Dear Ms. Hearley: ' . • We respectfully withdraw our application for the development of a land treatment facility for the Larry and Norbert Theis property located at 1226 Marystown Road,Shakopee, Minnesota. We appreciate the effort • you and your staff have put forth in preparing the draft permit. The political pressures against development of this site make it futile to proceed further. Mr. Allen • Frechette's letter,dated April 14, 1993,included interim guidelines that were passed by the county board well after the Theis permit was filed with the county and the MPCA. Several conditions of the interim guidelines are not acceptable to us and appear to have little,if any,scientific evidence to support them. It is clear that the guidelines were developed tp exclude the Theis property from land application within Scott County. Unfortunately we do not have the resources to continue with development of this site,and therefore,we are forced to withdraw our application. • • If you have any questions or comments concerning this request, please call me at 612/937-5526. Sincerely, • FARMS, INCO RATED avid M. Ronnei } Operations Manager cc: • • Norbert Theis ' • Larry Theis • • Allen Frechette Effective Alternatives for Soil Disposal SCOTT COUNTY ENVIRONMENTAL HEALTH COURTHOUSE A102 428 S. Holmes St. SHAKOPEE, MN 55379-1393 (612) 496-8177 May 6, 1993 Mr. David M. Ronnei Land Farms, Inc. 7313 Franklin Circle E. Eden Prairie, MN 55346 Dear Mr. Ronnei: Thank you for copying me on your letter dated May 3, 1993, to Ms. Barbara Hearley, MPCA, regarding withdrawal of your application to apply petroleum contaminated soil on land owned by Norbert and Larry Theis. I am sending a copy of it to the City of Shakopee and local newspaper as you had requested on the attached post-it note, along with this letter. I would like to comment on your "retreating shot" at me regarding your decision to withdraw your application. Scott County's interim guidelines for landspreading of petroleum contaminated soil, which you mentioned in your letter, were developed last summer. You were sent a copy and had discussed them with us on several occasions. These guidelines were prepared by the Scott County Attorney, Planning Inspections and Environmental Health Director, several County staff with degrees in soil science and myself. Further, I sought advice from several MPCA staff who are currently or have been involved in this practice. I also consulted the Minnesota Geological Survey, Minnesota Department of Health and Geology Department at the University of Minnesota in relation to the ground water susceptibility area. The final guidelines were approved by the Scott County Board in October of 1992. For the record, we never received a complete application for land spreading of petroleum contaminated soil from you for any site in Scott County. You had provided us with copies of materials you submitted to the MPCA and we were aware that you were hoping to submit an application to us if the MPCA gave you approval. Being concerned about your proposed location, soils, ground water and future land use plans for the site, we did develop interim guidelines to fill the gaps of the MPCA's "interim guidelines". When the MPCA develops specific rules for this practice, Scott County will have an opportunity to attempt to include our concerns in the State's rules. We acknowledge that the County's interim guidelines would have provided additional protection to the environment, though not prohibited, use of your proposed site for land application of petroleum contaminated soil. We believe that each of the guidelines are justifiable from either an environmental or land use concern. An Equal Opportunity'Affirmative Action Employer Mr. Ronnei May 6, 1993 Page 2. You suggested that the County's interim guidelines were not based on "scientific evidence". I agree with you that there is not much "scientific evidence" on the safety of land application of petroleum contaminated soil. As you know, Scott County had a moratorium on this practice until last fall because of the lack of information about this practice. I do acknowledge, that in the absence of thermal treatment facilities, land application appears (on the basis of limited existing knowledge) to be a second choice treatment method. However, the "scientific evidence" to support the safety of this practice is certainly lacking, especially in areas adjoining dense population centers likely to soon be developed into residential lots and on rapidly permeable soils overlying highly susceptible limestone aquifers I too was surprised by the citizen response to your proposal adjacent to Shakopee. However, I was happy to see so many people aggressively concerned about environmental health issues. I have also been in the position, on a number of occasions, of supporting or opposing various waste management proposals. I have learned from my experiences that unless you are prepared to convincingly defend the environmental safety of a given waste management proposal, it is probably best to do as you have done, withdraw the proposal. Res•ectfully, ,1(11 Allen Frechette, Environmental Health Manager cc: Ms. Barbara Hearley, MPCA Mr. Dennis Kraft, City Administrator, Shakopee Mr. Norbert Theis Mr. Larry Theis Shakopee Valley News DOCUMENT\ 93LET\PETSOIL Mr. Ronnei May 6, 1993 Page 2. You suggested that the County's interim guidelines were not based on "scientific evidence". I agree with you that there is not much "scientific evidence" on the safety of land application of petroleum contaminated soil. As you know, Scott County had a moratorium on this practice until last fall because of the lack of information about this practice. I do acknowledge, that in the absence of thermal treatment facilities, land application appears (on the basis of limited existing knowledge) to be a second choice treatment method. However, the "scientific evidence" to support the safety of this practice is certainly lacking, especially in areas adjoining dense population centers likely to soon be developed into residential lots and on rapidly permeable soils overlying highly susceptible limestone aquifers I too was surprised by the citizen response to your proposal adjacent to Shakopee. However, I was happy to see so many people aggressively concerned about environmental health issues. I have also been in the position, on a number of occasions, of supporting or opposing various waste management proposals. I have learned from my experiences that unless you are prepared to convincingly defend the environmental safety of a given waste management proposal, it is probably best to do as you have done, withdraw the proposal. Res•ectfully, i' l A I 40 Allen Frechette, Environmental Health Manager cc: Ms. Barbara Hearley, MP CA Mr. Dennis Kraft, City Administrator, Shakopee Mr. Norbert Theis Mr. Larry Theis Shakopee Valley News DOCUMENT\ 93LET\PETSOIL CertainTeed Corporation 3303 E. 4th Ave. PO Box 506 CertainTeed El PO Shakopee, MN 55379 May 4, 1993 Mr. James M. McCann Enforcement Unit Compliance and Enforcement Section Air Quality Division • Minnesota Pollution Control Agency 520 Lafayette St. Paul, MN 55155 re: Shakopee Facility, Odor Dear Mr. McCann: This letter is submitted as a monthly progress report required by your letter of September 5, 1991. It outlines activities concerning the odor issue at our facility in Shakopee since the last report dated April 1, 1993. During the month of April, Huntington Energy Systems began installation of the thermal oxidizer equipment on our plant site. The structural steel and main body of this unit is now in place and work is on schedule. The electrical control building and transformer installations are progressing on schedule. Current activity per the schedule is as follows: Activity Target Date Status Purchasing and May 14, 1993 Deliveries are 80% complete delivery Control Room May 21, 1993 80% complete Installation June 8, 1993 Began March 17th See attached Gantt chart for delivery and installation schedule. Mr. James M. McCann page 2 May 4, 1993 Mr.Barry Stock, Assistant City Administrator with the City of Shakopee has requested to be copied on these monthly progress reports in order to keep the citizens of Shakopee better informed. Our next progress report will be submitted in early June, 1993. Sincerely, -a.7442V."-IP"fa------ Gary 42"-"S wen s on, CPE Principal Plant Engineer GAS:mr cc: C. Carfrey J. Quaranta K. Everhart L. Hawk T. Arnold M. Noone N. Robinson R. Wagner B. Stock, City of Shakopee (attachment) • . re) 0) C.) I o Cm M n I < re) 3 -3 C n 0 M L < L. o M .o a) 0) c 01 0 - -) 0 cti a > o ih z 0 0 • a) (i) 1— • W < E O 3 1 1 cc -• a c ....i(0 D 0 N 0 t-csi 0 Z i M 0 0 7 0 , ..., cc 0 < o w o., 0— „ 0 0 Er o , m 0. Li D. Li Jo a_ w O cv LL Y (3) c < Co ci) c.) a, 0 0 Z ..-, 0 0 • r- a) C.) :, 1 1 01 .. ›- 0 0 -.-I 0 I- Z Z 2W o M V) W VI L— cri cc I-- z Q 0 o La .__I 0 z cc c3 o 0i= a w m cc 6 i_ w w 0 6 I- Z LI CC 0- Z Li Z C W > CC 0 M 3 > z 0 L C LA— s.,3 La(NI LI Lij CNI Ci.W C4 W z W c‘i 0 N LA 5 cNi ?LA("I on— 3 04 w (N 0 0_W Cn 0 cri 01 0• .1 cyi W cn 01 „.,— cri Crl D cn 01 P__ cn CP Lli oi 0),,_ 0_ cn„.,(71 Z tri ,,, 0 oi cn z UQ.) P..- 01 cn u.._y •- ..Y .-- M I 6 1 ta. 1 1 1-1-1 I L 3 — < — L. D I C43 1 (., I = al 0 ,-, c I I I o_ 0.2 W ..., a - LO :, PO cu •-•c•I a L 0 s I–s in , 1.,-0 3 ZO3 07 11-100 ZOO .... _0< 6 0 o EJ(0-a 0 N -) (7)d".M --I Csi-) m C•1 -) .7 r, -) 1-14 .4- < ZOO OZ L Io4 1 > ad I ad I LL•1 N I 3 .— I 5R rei 1 cc 06 1 Ki zi.; ‘i I 3 — I .c -O a. re) 0 .-0 D .-.- W.-CV CO m 1- (.3 .— (.4 (i) re) < o_ el 0 CNI IL: .- W re) 0 r.: C o 0 • a 0+ � 7 I a - M _ 7 O • L O Q) M O O V O 0 Z V 0 Q) F- 7 w a - a _J 7 0 N O z • N O V W a - N Ow OOO 0 0 w w a � _ p NW Q O O 2 Q) O - O Z U 0 Q) 0 . 07 a z O Z w CD O w o z m z ZWC < N) Own ZWM ZWr) o. - zYrn ��°' oYrn aY� f- 3 u Z5 3: a 03 g3 I I ,, Oar =Oo apo OjO� ZV)0 UOQ ,-O� -O-� p-D 02 1 C 4 1 Znj I tiN I a- I C 0 C9 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES CO;EMISSION The Shakopee Public Utilities Commission convened in regular session on April 5 , 1993 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and O'Toole. Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Commissioner Kirchmeier passed the gavel to the new incoming President O'Toole. Motion by Cook, seconded by Kirchmeier that the approve the minutes of the March 1 , 1993 regular meeting be approved as kept . Motion carried. BILLS READ: City Of Shakopee 20 ,032 . 00 ARA/Cory Refreshment Services , Inc . 104 . 00 Alden Pool and Municipal Supply Co. 464 . 76 American Public Power Association 330 . 00 Astleford International 990 . 67 Battery & Tire Warehouse, Inc . 45 . 54 Bauer Built Tire, Inc . 32 . 00 R .W. Beck and Associates 4,037 . 59 Border States Industries, Inc . 491 . 80 Bryan Rock Products, Inc . 173 . 98 186 , 15 Burmeister electric Co . Business Essentials, Inc . 1 , 685 . 94 City of Shakopee 2 , 099 . 03 City of Shakopee 265 . 27 City of Shakopee 1 , 702 . 12 Clay' s Printing Service 211 . 99 Cooperative Power 38 , 437 . 52 Copy Duplicating Products, Inc . 98 . 10 Copy Equipment , Inc . 121 . 31 Crown Marking, Inc . 150 . 0077 . 60 DCA, Inc . 677 . 00 Erickson Construction, Inc . Feed-Rite Controls , Inc . 25 . 00 Glenwood Inglewood 37 . 15 Gopher State One-Call, Inc . 157 . 14 Graybar Electric Co. , Inc . 2 ,150 . 34 H & C Electric Supply `28 . 799 Hennen' s ICO S .M. Hentges and Sons , Inc . 1 , 365 . 00 Leef Bros . , Inc . 24 . 09 Ray LeMieux 80 . 64 Millipore Corp. 353 . 30 Minn . Municipal Utilities Association 875 . 00 Minn . Dept . of Revenue 4 ,745 . 00 n� F Minn . Valley Electric Coop. 246 . J0 Minn . Valley Electric Coop. 38 , 328 . 00 T Minn . Valley !esLiriu La Inc .?,c 70 . 00 Model Stone 333 . 50 �h -- Motor Parts Service of DS:dnVDeC 199 . 100 Mitch Mullins 562. 50 Nancy A . Nelsons 70 . 18 Northern States Power Co . 337 ,640 . 77 Northern States Power Co . 836 . 28 Northern States Power Co . 664 . 64 Northern Water Works Supply 71 . 58 Otter Tail Power Co. 179 . 43 Parkside Prirtina , Inc . 212 . 80 Prior lake Aggregate , Inc . 63 . 37 Reach Equipment 47 . 73 Reliance Battery Mfg Co . 28 . 27 Reynolds Welding Supply Co . 8. 79 Schoeli and Madson , Inc . 4, 815 . 24 Scott County HRA 42 . 65 Shakopee Chev Olds pontiac Geo 18 . 58 Shakopee Ford, Inc . 24 . 76 Simon-1/: .Zwest Inc . 127 . 93 Shakopee Public Utilities Commission 72 .89 Shakopee Services , Inc . 87 . 34 Southwest Suburban PubiiSuina 674 . 64 Spectrum Safety Consultants, Inc . 1 , 100 . 00 Starks Cleaning Services , Inc . 108. 63 Dean Struck 95 . 52 System Control Services , Inc . 972 . 14 T & R Service 1 .706 . 00 Total Tool 148 . 86 U S West Communications 403 . 45 Uniforms unlimited 486 . 50 Lou Van Hout 60 . 03 Valiants Welding, Marine and Small engine Rpr 50 . 19 Van! Paper Company 50 . 5 Water Pro 56 . 26 Westinghouse Electric Supply Co. 1 , 517 . 62 Woodhill Business Products 407 . 10 Yarussu ' s Hardware Co . 24 . 81 Chamber of Commerce 29. 17 Motion by Kirchmeier , seconded By Cook that the bills be allowed and ordered paid. Motion carried . Representatives from Northern States Power Co. were present to present to the Commission a check for $29 , 925 . 00 for their participation in load curtailment for the past year . President O'Toole thanked NSP and informed them the participating customers of the Shakopee Public Utilities L_� 1 J would be reimbursed according to the load curtailed . Manager Van Rout informed the Commission of an upcoming meeting at Canterbury Inn organized by the State of Minnesota to provide information coordinating efforts for work on the bypass . Dr . Pistulka , representing Murphy' s Landing had contacted Barry Kirchmeier to invite the Commission to an on site tour of the facility on April 15 . Commissioner Kirchmeier and Cook will represent the Commission. Harold and Elmer Marschall were in attendance to address the substation site issue . The process being followed in obtaining the site was discussed . The City will be contacted L_ as to the timetable of the process to obtain the site . Jim Orr , Schoell and Madson , gave the Commission the bid tabulations for the Co. Rd . 83 watermain project relocation - North of the bypass along with Alternatve A a possible crossing South of the bypass . Motion by Kirchmeier , seconded by Cook to award the bid for the County Road 83 and 101 bypass area to the low bidder, Richard Knutson of Savage Minnesota as recommended by our Engineers Schoell and Madson and to include in the bid Alternate A, which we are including for economic reasons . Motion carried. Liaison Sweeney gave an update on various projects being ordered by the City Council for this summer . Manager Van Rout expressed his concern about the water portion of these projects not being included in the feasibility studies for Shakopee Public Utilities Commission to consider . Motion by Cook, seconded by Kirchmeier in further capital improvement projects which include water projects when engineering feasibility studies are done the Shakopee Public Utilities Commission request that the City engineering department include the water projects in the feasibility studies . Motion carried . Motion by Kirchmeier , seconded by Cook to approve the capital improvements projects for the water in conjunction improvement projects for 1993 which are with the City street p_C�ectS Lou T-. Dave Hutton specified in the memo from LVan Haut to Dave dated 1 /8%93 . League Sweeney provided an article from the League of Cities regarding Utility liability issues . A joint meeting with the City Council has been tentatively set for April 27 at 6 : 00 P.M. with a short Shakopee Public Utilities til1t1C5 CV1m1sJ1VI meeting dt 4 : 30 P .M . A finance report was given to the Commission by Bill Fahey, Fahey Companies . The pro b,,, for obtaining bonding for the upcoming pro i?CLs of L L rShakopee hakVtCC PuLIiC Utilities t1litie5 n Orm35Sion was discussed by Mr . Fahey . The electric rates were discussed . There will be an increase in the near future in electric rates . Transformer bids were given to the Commission by Manager Van 1-ioUL . individual transformers were awarded to two different companies based on low bids . The total bid price for the entire package was $58 , 648 . 00 . The two low bidders were Border States and Burmeister Electric . Manager Van rout has received notification from theC State of Minnesota of compliance with pay equity . The Shakopee Showcase will be held on April 19 . The Shakopee Public Utilities will be attending . The automatic Cash transfer should be in effect for the May 1 , 1993 billing. Motion Jt1Vn by Cook , GGk , Seconded by Kirchmeier to offer Resolution #397 a Resolution Regulating Salary and Contract Terms . Ayes : Commissioners Kirchmeier , O' Toole and Cook . Nayes : none. Motion carried . Resolution passed . Motion by Kirchmeier , seconded by Cook to offer Resolution #398 A Resolution Designating and Official Means of Publication . Ayes : Commissioners Cook, O'Toole and Kirchmeier . Nayes : none . Motion carried . Resolution passed . Motion by Cook, seconded by Kirchmeier to offer Resolution #399 A Resolution Regulating Salaries . Ayes : Commissioners Kirchmeier, O'Toole and Cook. nayes : none . Motion carried. Resolution passed. Manager Van Rout informed the Commission that we will be testing for lead and copper in the near future for the second phase of the State requirements . Testing will be done by Serco laboratories . Mariaaer Van Rout reported the following watermains are close to receiving final approval : Prairie Estates 3rd Addition Valley Park 11th Addition Meadows 8th Addition There were no lost time accidents for March, 1993 . 1. �_��__ Public 1 TTL: 1 L. The next regular meeting of the Shakopee Public V ili ties be hid or! May" 3 , 1973 at 4 : 30 P .M. Commission will Motion by Cook , seconded byKirchmeier that the meeting be adjourned . Motion carried . Barbara Menden, -Co ,fission Secretary . _ , G CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - APRIL 1993 April 1993 April 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 9 45 3 ,782 , 041 16 43 3 , 432 ,482 7 718,450 3 5 587 ,930 Single Family-Septic 2 7 718, 5488 Multiple Dwellings 3 9 1, 334,917 2 (# Units) (YTD Units) (8) (22) - (4) (14) 54 ,440 11 19 112, 847 14 Dwelling Additions 8 Other 1 1 3 , 500 1 2 4, 500 1 1 225, 000 - 1 85, 000 New Comm. Bldgs 78,750 - - Comm. Bldg. Addns. 1 2 _ - - - New Industrial-Sewered - _ _ - Ind. Sewered Addns. - - - - - New Industrial-Septic - - - - _ _ Accessory/Garages Ind. Septic Addns. - 4 11 102, 660 4 5 54 , 058 021 3 Signs & Fences 9 23 31, 243 10 18 43 , 021 Fireplaces/Wood Stoves 1 2 3 ,700 1 1 2 , 500 1 1 15, 160 - -Grading/Foundation - - - - Moving 70, 113 1 2 47, 013 Razing 4 5 Remodeling (Res. ) 4 10 53 , 977 5 12 40, 008 Remodeling (Comm/Ind. ) 3 21 1, 841,745 5 17 1, 256, 100 TOTAL 51 152 8 , 303 , 036 59 132 6, 396, 667 No. YTD. No. YTD. Electrical 56 189 39 130 62 171 Plumbing & Heating 51 194 Total dwelling units in City after completion of all construction permitted to date 4 , 866 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN APRIL, 1993 9889 Novak Fleck 1303 Sage Lane Remodel 2, 000 9890 Gregory Estabrooks 9064 E. 13th Avenue Garage 14, 144 9891 Attracta Sign 485 Marschall Road Sign 6, 500 9892 P.M. I. Construction 6949 Highway 101 Alteration 79, 650 9893 KFC of Shakopee 823 East 1st Avenue Demo 5, 000 9894 Detail Home Bldrs. 2148 Granite Drive House 81, 611 L 10 B 3, Heritage Place 3rd 9895 Reuben Mravik 1490 Roundhouse Circle Fence 1, 000 9896 Petroleum Maintenance 312 West 1st Avenue Tank 3, 500 9897 Novak Fleck 934 Goldenrod Lane House 90,254 L 7 B 3 , Meadows 5th 9898 Novak Fleck 1301 Thistle Lane House 80, 000 L 1 B 3 , Meadows 8th 9899 Novak Fleck 1302 Thistle Lane House 73,818 L 1 B 1, Meadows 8th 9900 Leroy Menke 437 Market Street Demo 500 9901 Reuben Mravik 1490 Roundhouse Circle Deck 1, 120 9902 Donald Burg 1029 Ramsey Street Garage 9,200 9903 Dick Jacobson 744 Jefferson Street Fence 800 9904 Valleyfair One Valleyfair Drive Pool 50, 000 9905 C. I. Realty 1509-1513 R'house Cir. Twinhome 103 , 369 L 4 B 1, Eagle Creek Junction 3rd 9906 C. I. Realty 1501-1505 R'house Cir. Twinhome 103 , 369 L 3 B 1, Eagle Creek Junction 3rd 9907 Stan Pint 610 E. 5th Avenue House 90, 000 L 1 B 2 , Mulberry Meadow 9908 Michael Menke 2483 Onyx Drive Garage 8,448 9909 Novak Fleck 1326 Primrose Lane House 73,918 L 25 B 3 , Meadows 8th 9910 KFC of Shakopee 837 E. 1st Avenue Restaurant 225, 000 9911 Dale Dahlke 1884-1896 Vierling Dr.E. Townhouses 304,000 L 1-4 B 3 , Dalles Townhome 9912 Steven Pauly 2020 Marschall Road Deck 1,848 9913 Todd Bladow 1456 Sharon Parkway Fence 200 9914 Brian Evers 1214 Tyler Street Fence 150 9915 Troy Freeman 1126 Naumkeag Street Deck 1,000 9916 Michael Sperr 554 E. 5th Avenue Porch/Deck 2,250 9917 Robert Griffiths 950 Goldenrod Lane Remodel 5,500 9918 Detail Home Bldrs. 23Granite terPlace 4th Court ourt House 98, 224 L 14 B 9919 Jeffrey Galbrecht 1307 Minnesota Street Deck 1, 900 9920 College City Const. 1313 Wood Duck Trail House 120, 000 L 6 B 1, Timber Trails 9921 Greystone Const. 1100 E. 4th Avenue Addn. 72,750 9922 Thomas Schmidt 330 E. 4th Avenue Repair 7 ,700 9923 Metro Prairie Const. 2537 Onyx Drive Fireplace 2, 500 9924 C. O. Field Co. 706 Adams Street Repair 15, 000 9925 Randall Hayes 1482 Roundhouse Cir. Fence 1, 000 9926 Todd Doege 560 Hennes Avenue Fence 1, 000 9927 KFC of Shakopee 830 Bluff Avenue Demo 4, 000 9928 Larry Carter 1486 Roundhouse Circle Fence 650 9929 Veit and Company 111-133 W. lst/114 Holmes Demo 59, 613 9930 Charles Gjerstad 1136 Naumkeag Street Deck 1, 372 9931 Thomas Conway 1487 Roundhouse Circle Deck 1,850 9932 Dodd Ginn 1161 Naumkeag Street Deck 1, 000 9933 Valleyfair One Valleyfair Drive Addn. 15, 000 9934 Detail Home Bldrs. 1277 ranite Court 2 , Heritage Place 4th se 91,922 L 10 B 9935 Randy Ganske 1264 Harrison Street Storage Bldg. 1, 600 9936 Logeais Homes 1342 Sage Lane House 72, 886 L 4 B 4 , Meadows 7th 9937 Weium-Hagen Homes 1854 Norton Drive House 102,950 L 1 B 3 , Deerview Acres 9938 John Visger 1779 Montecito Drive Fence 200 9939 Stonebrooke Golf Club 2693 C. R. 79 Grading 2,500 Total: $2, 093,766 *(17 SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES APRIL 21, 1993 • Members in Attendance: Barry Stock, Randy Kruger, Jon Albinson, Jim Parsons, Mark Luhmann, Kevin Haugen, Kay Louis . Others Present: Nat Wisser. The twentysecond meeting of the SCEDC was called to order at 8 : 00 a.m. on April 21, 1993 in the Council chambers of the Prior Lake City Hall. i . Approve Minutes of the March 17, 1993 SCEDC Meeting MOTION BY ALBINSON, SECONDED BY HAUGEN, TO APPROVE THE MARCH 17 , 1993 MEETING MINUTES WITH THE ADDITION OF MARK LUHMANN TO THE LIST OF MEMBERS IN ATTENDANCE. THE MOTION PASSED UNANIMOUSLY. II . Treasurer's Report Barry Stock reported that the Coalition' s account had a total of approximately $1 , 700; there was no financial activity in the past month. The Treasurer' s Report was accepted. III . Economic Development Day Stock reported receipt of two $50 sponsorships: Bridgewater, and Holtmeyer & Smith. Twin City Metro CDC may reduce our payable to them by $50 to become a sponsor. Stock said that sponsors for the event are needed, and that the Coalition should set a goal of $1 , 000 in sponsorships . Albinson stated that his organization would become a sponsor. Stock said that he would contact Minnegasco regarding sponsorship. Parsons said he would ask Valley Bank in Jordan and NSP to become sponsors . Louis said that she would ask Radermacher Foods/County Market to become a sponsor. Stock expressed concerns about the production of the invitation. He noted that Mystic Lake casino is in the midst of a major expansion. 1 Albinson suggested placing a casino token in the invitation, or to be picked up at the event, as a draw for potential attendees. There will be a shuttle from the Canterbury Inn to the casino. As an eye-catcher for the invitation, the Shakopee Chamber has decks of cards; or, poker chips could be used. There will be up to 275 invitations. Albinson offered to deliver some of them; he noted that his newsletter goes to 2,200 persons. Stock asked for 2-3 members to be on call for a special meeting to review the invitation if necessary. Haugen, Albinson, Stock, Louis, Luhmann, and Wisser volunteered to help proof the invitation. Invitations will be mailed May 1, and will include an RSVP. Stock thanked Albinson for arranging for the keynote, . speaker, James McComb, and for supplying Mr. . McComb's - biographical sketch. Stock noted the need for agendas, name tags, a map showing Canterbury Inn and Mystic Lake casino and parking. There will be a large map of the Shakopee By-Pass, Bloomington Ferry Bridge, and Hwy. 169 bridge/by-pass at the event. IV. Up-date on SBA Activity There has only been one project come through the 504 program in Scott County since the Coalition was organized. Belle Plaine has done 2 SBA loans recently; Signal Bank has an active SBA lender on staff, but the projects are not landing in Scott County. Haugen said that Signal Bank was the top SBA lender in the Twin Cities last year. Luhmann said he had given 2 bankable SBA leads to Marquette Shakopee and New Prague, but that they were dropped. He said that the rate they charge on their 40% portion of SBA 504 loans is 7 .40% for 30-year. Bob Heck at Twin Cities Metro CDC is processing the most SBA deals for lenders in the Twin Cities. V. State Economic Development Activities No report. VI. Development Activity in Scott County e is stalled at Funding Lefor the islature; Brural legislatoton rs wantg Hennepin County the g to pay more. 2 t • Shakopee . Stock reported on two prospects: 1. Firm seeking 14, 000 s. f. food-processing facility; 2 . Broker Jeffrey Zickert seeking 40, 000 to 75, 000 s.f. light industrial facility. Shakopee is planning to build a community center south of the senior high school, as well as a fire station and an ice rink. The CDC is hiring an architect to sketch the downtown buildings and blockfaces as an aid to downtown renovation. Architect Steve Cross charges $250 per block face. A new KFC will replace the existing one; Jerry's Pizza is history. Housing development is increasing. Belle No report. Plaine Prior Housing development is increasing. Lake Mdewakaton No report. Community Savage Albinson reported the proposal of a 300, 000 s. f. distribution facility by American National Can in Savage. Housing development is very strong. New Prague No report. Jordan A 54-lot subdivision is proposed on the east side, within Jordan's MUSA line. VII. Other Business Louis distributed information on business retention seminars. Stock and Albinson said that the OCR convention was very good, with informative seminars and good attendance. The Valley Green Business Park and Coalition booths could be together next year to increase visibility. Booths cost $350 each. The Shakopee Chamber did a very nice display. VIII. Next Meeting The May meeting will be held on May 12 at 8: 00 a.m. in the Prior Lake council chambers. Louis asked that the topic of business forums be placed on the agenda. IX. Adjournment The meeting adjourned at 9 : 15 a.m. 3 • f -1/0 ALL KNIGHTS OF COLUMBUS NI" Council No. 1685 Shakopee, Minn. 55379 MEMORANDUM TO: Honorable Mayor Gary Laurent City Council of Shakopee FROM: Knights of Columbus, Council #1685 Grand Knight James Burkhart 1760 4th Ave E Shakopee, MN 55379 DATE: May 8, 1993 SUBJECT: Resolution for Park Development in the area of the Knights of Columbus Hall in Shakopee The Knights of Columbus members have expressed an interest in a cooperative effort with the city to develop a park in the area of the Knights of Columbus Hall on East Fourth Avenue. Attached is the resolution adopted by its members to begin this cooperative effort. Please consider our desires in your future planning for parks for this area. Sincerely, Dave Czaja Committee Chairman 41.JL. L�_+ KNIGHTS OF COLUMBUS Council No.1685 V V Shakopee,Minn.55379 A RESOLUTION FROM JAMES F. CAMPBELL COUNCIL #1685, SHAKOPEE KNIGHTS OF COLUMBUS ENCOURAGING PLANNING AND DEVELOPMENT OF A CITY PARK WHEREAS, parks and open spaces provide beauty; harm arid- functional elements which contribute to the quality of life in Shakopee, and WHEREAS, residential development is anticipated in the vicinity of the Knights of Columbus Hall, and WHEREAS, the Knights of Columbus take an interest in contributing to the betterment of their community, and WHEREAS, the Knights of Columbus are willing to work in concert with developers and the City, NOW THEREFORE BE IT RESOLVED, the Knights of Columbus request the City of Shakopee, through its long-range planning process, give serious consideration to locating a city park in the vicinity of the Knights of Columbus Hall on East Fourth Avenue. a4,,Q,42 64)12,1*-17-74c4_,,it James Burkhart, Grand Knight for James F. Campbell Council #1685 Shakopee Knights of Columbus I ) City of Shakopee Police Department Civil Service Commission Minutes The Shakopee Police Civil Service Commission met on Tuesday, May 11, 1993 at the Shakopee Police Department. The meeting was called to order by Chairman Stan Von Bokern at 5:35 p.m. Notice of the meeting had been duly given by posting a notice at appropriate places as required. Chairman Von Bokern and Commissioner Muicrone were present. Because of a family emergency, Commissioner Spagnolo was absent. Others present for the meeting were Chief Steininger, Deputy Chief Poole and Union Steward Bob Forberg. A motion was made, seconded and passed to dispense with the reading of the minutes of the last meeting until the next meeting. In the absence of the Secretary, the Chairman asked Commissioner Mulcrone to act as Secretary. There was no old business. The posted agenda was then taken up. A motion was made, seconded and passed to post a notice announcing the test for the position of Sergeant. The notice will be posted on 5/12/93 and applications accepted up to the start of business (0800) on Monday, May 24, 1993. A discussion was held on the testing process. The questions were whether the Commission should handle the process by itself, to hire an outside police consulting firm to do it, or to utilize some combination of the two. The Commission had before it two proposals from police consulting firms, Personnel Decisions, Inc., (PSI) and Public Management Consultants. After a review of both proposals, a motion was made, seconded and passed to hire PDI to assist the Civil Service Commission in conducting the Sergeant testing process. The motion limited the expense of the PDI contract to no more than 54,000. A discussion was held on the components of the test and the weighting wouldbe uof dh see components. It was determined that the following components and weights Orientation Session (no weight); Police Career Index--Sergeant level, (weight 25%); Promotability Index--Supervisor (weight 15%); Promotability Index--Peer (weight 8%); Oral Board (weight 22%); In-basket Exercise (weight 25%); and Longevity, efficiency, character and conduct, (weight 5%). Total weighting, 100%. A motion was made, secondedaand passed to advise PDI of the Commission's decision on components and weighting. Minutes of the Shakopee Police Commission Tuesday.May 11, 1993 Page 1 of 2 pages .-.ti..wa•r• ... .. - S The Commission directed Chief Steininger or his designee to assist the Commission in this testing process. There being no further agenda business, the meeting was adjourned at 6:30 p.m. Submitted by, R. T. Muicrone Commissioner and Acting Secretary Minutes of the Shakopee Police Corimissian Tuesday,May 11. 1993 Page 2 of 2 pages 4/;2. MONTHLY PROGRESS REPORT LAW DEPARTMENT Civil projects are shown on this page; a separate chart showing prosecutions is prepared. Project Start End Date Status Comments Subdivision 5/92 12/93 On hold Behind schedule regulations due to other pressing projects Zoning ordinance 3/93 9/93 On schedule, AG and residential provisions going to Planning Commission in May Cheers 2 Ya 4/93 6/93 On hold Work on hearing should begin once prosecutor relieves attorney of need to be in court City Code update 10/91 6/93 Nearly done [2 7PROJEC] % 0)0) % T ' / T 1 uJ , , 0W 0 U i -> Z i o ,,,,,,,///„/,,,////„//,,,,,,,,,,,/,_z < , 1 I 0 U CC . 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N 0) Co W1%//////IIi %////////////////////////////// ////////////, V/ - co 01 I -M 01 T n / '/ / //////////// //// .,_-a) N N CO ?s. W,v11-ttt-tfl-Zrllljllll o�lo�!!!I/�o�I�l���olol//�N ft3 t-r/Il/IIIIlIl1IIII11fIIIW//I//lI/!!!/l1. '- T 0 b 0 0 0 0 0 0 0 0 0) CO N- cD U) [t co N saaueleaddy 10 aegwnN l3 Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 May 4, 1993 Finance Officer City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Dear Finance Officer : The enclosed statement shows both the estimated billing your city paid for sewer service for 1992, and the final billing to your city for the same year. The "bottom line" shown on the statement is the amount underpaid or overpaid by the customer (your city) in 1992. This amount will appear as a credit or a debit on the city's 1994 statement of sewer service. Spending restraint in 1992 equals a lower cost per million gallons for customers. The estimated billing is based on the estimated gallonage from your city for the year, and on the MWCC's adopted budget. After the year ends, the gallonage is adjusted to reflect the actual amount. Also, the cost per million gallons is adjusted to reflect any favorable variance in the budget, such as underspending. Your questions or comments are always welcome. For specific questions about this statement, please contact Nancy Hudacek (229- 2020) or Lois Spear (229-2017) . Sincerely, Lois Spear Controller LIS:CW:NH:kme Enclosure cc: City Manager Commissioner Janice Haugen Gordon O. Voss, Chief Administrator, MWCC Lois I. Spear, Controller, MWCC MERGE.FCA Equal Opportunity/Affirmative Action Employer METROPOLITAN WASTE CONTROL COMMISSION 1992 Final Sewer Service Statement 5178 Shakopee 1992 EST. ACTUAL Gallonage Processed (in million gallons) 975 803 Cost per Million Gallons 1,156.55 € 1,097.37 Total Sewer Service Cost 1,127,6411 881,191 ' Other (Credits) or Charges: Current Value Credit (9,064) (9,064) Debt Payment Credit 0 1990 Final (Credit)/Amount Due (54,474) (54,474) Total Other (Credits) or Charges (63,538) (6q1538) Customer Billing 1,064,103 817;6631 Reduction of 1992 Billing via Cash Rebate to Customer (19,077) 0 Net Customer Billing 1,045,026 817,653 Amount Underpaid or (Overpaid) by Customer (227,373) 1 W W W W W W W W W W W W W W W (I) W W W W W W W N W W W W W W W W W W W W W W w W W W T 0 A 4:4•444.4=6 A A A A A A A A A A A C W W W W W W W C N N N N N N N N N N N N N N C r1-)-C W WWWWNNNNi--1-00000 W MCRAAAAA M Q70AAAAAANNNN1--r 0 A0OZ c-+ 0WN0VIA -Q 000C-40)A -I rrm0)WNr -i OOUAwNrOWWrOUIN --1 OA00 m C) MX�w<-9-rimM0 oDwvD -I >00-012r - 000Zrn3-oWIC)1Dr-4C) -1 rT-o0 -i Zr-ICZD01-+0>OrnC>r-0 > Q-i-iOO>C) > O-ammrmrCr rmr-iz> > OI-M0 ONCO2rCMrZ3rwrD3 r 0>>1-010> r OAZrm0CrOC)m.OD0 r 0001--- i-401--- rZmr40vmmmzrr .=4-N1-4> mmr023r0>mCC)r 00-o 0 Z N m0 C) z>w Z r+ mrr11C)I- r rm20 -13).00 A 0Xm -i i>m m m- C)M< m0rn w w0 C)N Z C) mm r-I I-1-1 v=Z r+r-ICA m rA > Zr-770 Cl) mc m mm r-12m3T2U -1 >>> 0 A R.mi-s zZC-ir+ TT x C) -1m C) m oZITNZ)w<m r m-4 m VNi-s-ix m m0 mon000-iC)rmm m 0<Z 4-4r00DZ<m4-4Z0zOnm m m00m0 Z ZTFID> 4-4 m(nN>> C,) -41-I m N z 4-4 0 D3 w 0r>r-Irrv- Z ZC)Zz >w-1z v )C)x> U0<MM C) -4 0 I I r.m m mZ44 mmmrwrOC) X-0>> N wr m1-40<0CC IN < Z w 1nNmwv- ;CNmZ22 >xr N TZ s.w C)zrnri0)3 < m -31-1 z20 mm3311)0 col ,--1 M 0 MO= m <>m r z 01.Z 90 0 7:101-4N m mww N T Z mzrn T U)>- rn71z Z rr(C) v X1-1-in,Z mm -4 C 7GZ m Orr0-4 C) 3 Nz -9 -um -sN V)w mw N z Cl)-4 m 1>02w 2 m 0-4m m mm -i-4 mm m 0 > w Nz-m > z m m m m3 ww 3 w r Z mo m --1 1-I 3 I4-1 I-4 NTm G) D 3 N N---1 -1 0 m r CA -4 -iw w -4rm> w C w w z C) z m > z m w -4 m < m N m m 3 0 3 Z m z m C 1 1 m -1 -I 1 1 t i m N t 7:10 N N) 1 m-i 401 N - - 1 <)-( (.) 0) Ar W r V WW Irn3 O r Nr 0 -1 v VI- l- r N-NW 0) W U) vi--U) I Z> 0)N NrrV1N00 NAvO W 000)0)0) VV CO NW VI0AO AN 0) r UI0Ov 1C-4 mm VIN 00N00)0 N00)A CO 00NU)OONN A WUIC11 0)-0000:W10 0 0 0W O) 1 0 000 000000 0000 Ui 100000wN N 1000 0)0)000000 0 r OooW I C) 000000000000000 0 0000000 0 '00000000000000 0 000 I D Mr-4 1 w m-1 000000000000000 0 0000000 0 100000000000000 0 000 1 << 0040000000000000 0 0 0 0 0 0 0 0 0 4000040000000000 0 000 I 0 Z O cm 1 o m 1 A w 1 \ XI2 1 W MD I C) 0 roX 1 >lC \ 00 4, 100m CO my r r N r N 1 -417, W -1m 0 N r 0) co N N W CO U) UI I C r m m - - - - - - - 12.2Z AN Cs)I- 0 vW U1V 0 A Ovw O) N V V V I r -4 U)v WO N NWAWV N r NN OOWNWvV0 Ui CO 0) 0) I AN000)0o00N000rC0) 0 0000000 r rUIOv0)4-40000O0U1 N NOO 1 1 0)UIo0A00000001v00) O 0000000 A 000Cn0WCU)OOOo0A VI V100 I U00000000000L04- O 10000000 .4. 1000000000000000) w !woo 1 I I I im I mD-< N N N 1 .<0. 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CA 4- 00(000000NOCn110o N N C.)'•0 N 00 r CACAV0ONA000NUlONNONOONAUI0N W OO(Or-0000VONA0 II n 11 II rn- uxrn a -17=1N n u u T C) u Zrn n W II N 4- r NJ C.) NNrN 4-N4-NW 4- N rWN NJ CA NJ Nw rwW II 0 n N 00 00 co AO)0000NCOCDwOAU)WANO0)00)VCDOON CO 000NJ000 .--.0.43.)-0 IIm-4 N . . . A NOooONOwv 110) 0) I0) CA00co oo 40 LA A W A 00 r V r 03 CD N !O 030 NO 0 CDU)0 A CO co II OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MAY 4, 1993 Mayor Laurent called the meeting to order at 7 : 00 PM with Cncl . Vierling, Lynch, Beard and Sweeney present . Also present : Dennis R. Kraft, City Administrator; Barry Stock, Ass' t City Administrator; Dave Hutton, Public Works Director; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Mr. Kraft added to the agenda downtown traffic flow. Mayor Laurent added to the agenda Tahpah Park Concession change order. Beard/Lynch moved to approve the agenda as changed. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an HRA meeting. Mayor Laurent reconvened the City Council meeting at 7 :40 PM. Liaison reports were given by the Councilmembers . Mayor Laurent gave the Mayor' s report . Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response . Councilmembers added 13h) Maras Street to consent business . Councilmembers deleted 13c) Prosecuting Attorney Position - Res . No. 3791 & 3792 and 13j ) Architectural/Construction Management Service Agreement - Greystone Construction from consent business. Vierling/Beard moved to approve the consent business as changed. Motion carried unanimously. Vierling/Beard moved to approve the Minutes of April 20, 1993 . (Motion carried under consent business . ) Mayor Laurent asked Councilmembers for recommendations to serve on the Scott County Groundwater Advisory Committee . Cncl . Sweeney suggested getting more information about the group as a importanceand this he field.ld be willing to solicit Staff was directed to followewho up. had an interest Mayor Laurent opened the public hearing at 8 : 05 PM on the application from Shakopee Check Cashing for a currency exchange license at 1147 Canterbury Road. Ms . Cox gave a presentation on the check cashing license requested ere had en by Frank rCounccil for the azari . She tU banked tathCanterburyeanother Downs previously. approvedby Mr. Marzario informed Council that he has been licensed with the State of Minnesota for about three years . Mayor Laurent closed the public hearing at 8 :10 PM. Official Proceedings of the May 4, 1993 Shakopee City Council Page -2- Lynch/Sweeney offered Resolution No. 3786, A Resolution Approving the Application of Shakopee Check Cashing for a Currency Exchange License at 1147 Canterbury Road, and moved its adoption. Ms . Marty informed Council that there was no bond needed since this was done through the State. Motion carried unanimously. Mayor Laurent opened the public hearing at 8 : 13 PM on the proposed improvements to McKenna Road between CR-16 and South corporate limits by paving. Mayor Laurent read the letter received from the Mdewakanton Sioux Community to the Council and the audience stating that they do not intend to fund their portion of the project . Norm Shutrop, McKenna Road, asked if there would be enough right- of-way to improve the road. He did not want the improvements done . Mayor Laurent closed the public hearing at 8 : 15 PM. Sweeney/Lynch offered Resolution No. 3789, A Resolution Ordering the Improvement and the Preparation of Plans and specifications for McKenna Road, Between County Road 16 and the South Corporate Limits, Project No. 1993-8 and moved its adoption. Cncl . Beard suggested tabling for a year. It was pointed out that if this project came up again in a year it could pass without having another public hearing and Council did not feel this was appropriate . Motion failed unanimously. Mr. Kraft stated he had talked to the tribal administrator, who had indicated that the costs incurred by City as a result of this project, he would be happy to reimburse the City. Mr. Kraft suggested having the City engineer submit a bill to the Community. Vierling/Beard moved to adopt the memorandum of Understanding between the City and shakopee Public Utilities Commission regarding provision of legal services by the City Attorney. (Motion carried under consent business . ) Vierling/Beard moved to conditionally approve the hiring of Brenda Lind as clerk/typist in the Law Department, at a starting annual salary of $8, 280, subject to satisfactory completion of a drug test, criminal history check, and driver' s license check. (Motion carried under consent business . ) Cncl . Sweeney suggested changing the title of the new prosecuting attorney position to "part time assistant city attorney" and also defining in the job description the specific duties of the new employee. 1993 May 4 , Official Proceedings of the aye Shakopee City Council Ms . Marty stated that Scott County personnel had been very helpful with the hiring of this position. She also stated she would change the title of the position. Beard/Vierling moved to adopt Resolution 3791, amending the pay schedule to add the position of prosecuting attorney; ove to fro adopmt t Resolution No. 3792, authorizing the transfer of $18, 240 contingency account to the Law Department budget to cover the estimated expenses of a prosecuting attorney; and authorized the conditional hiring of Patrick McDermott as prosecuting attorney, at a starting annual salary of $14, 897, subject to satisfactory completion of a drug test, criminal history background check, and driver' s license check. Motion carried unanimously. Vierling/Beard moved to authorize the proper City officials to execute a Shoreland Grant Agreement with the Department of Natural Resources for updating the shoreland ordinance. (Motion carried under consent business . ) Mr. Hutton gave a brief presentation on the drainage improvements in the vicinity of Foothill Trail and Horizon Drive, and asked Council for further direction. Sweeney/Vierling moved to remove Foothill Trail from the table . Motion carried unanimously. Dan Talcott, 2117 Foothill Trail, presented a petition signed by teipting lots easement . Foothill Trail to He stated the problem movethe hmorewaterway boundary the platting problem than a drainage problem. Cncl . Beard suggested paying for the moving of the ditch out of the storm sewer fund. Sweeney/Beard moved to relocate the ditch and culvert into the original platted easement . Mr. Hutton stated this project should not be assessed according to policy. Cncl . Beard stated that he may have a conflict of interest in this project . Ms . Marty informed Council that since Cncl . Beard would not be benefiting financially from this project there would be no conflict and he can vote on the motion. Motion carried unanimously. Lynch/Beard moved to remove the liquor licenses of Camgil Corporation from the table. Motion carried unanimously. Sweeney/Lynch moved to approve the applications and grant Off Sale, On Sale and Sunday On Sale Intoxicating Liquor Licenses to Camgil Corporation, 1561 East First Avenue upon the surrender of the current licenses issued to XX Corp/Wittles Inc. dba/Rock Spring Supper Club. Motion carried unanimously. Official Proceedings of the May 4, 1993 Shakopee City Council Page -4- Lynch/Vierling moved to select the tag line "Community Pride Since 1970" to be placed on the City' s new letterhead. Motion carried unanimously. Cncl . Vierling and Beard commented on having the church steeple in the skyline for the City logo and requested to have that brought up again at the next meeting. Vierling/Beard moved to direct staff to record all warranty deeds obtained to date for Maras Street and to continue to work towards obtaining all remaining deeds . (Motion carried under consent business . ) Mr. Stock gave a presentation on the Referendum Issues and stated that the maximum bond issue should be $8, 000, 000 . 00 . Sweeney/Lynch offered Resolution No. 3793 , A Resolution Providing for a Special Election on the Question of Issuing $8, 000, 000 in General Obligation Bonds, and moved its adoption. Cncl . Sweeney stated he would be against the Referendum if any of the projects would be removed. Motion carried unanimously. Lynch/Beard moved to allocate an additional $2 million of tax increment proceeds to the proposed referendum project . (This is in addition to the $1 . 5 million allocated earlier in the year. ) Mayor Laurent was concerned about allocating the funds at this time and the amount of TIF funds being available. Cncl . Lynch stated she felt an amount needed to be set, in order to sell the project to the public and show them what they will be receiving. Cncl . Sweeney stated that $2 million was too much money to allocate because there needs to be money retained for items that can' t be bonded. Motion carried with Cncl . Sweeney dissenting. Beard/Lynch moved to have a Special Council meeting at 7 : 00 PM on June 23 , 1993 for the purpose of canvassing the referendum results . Motion carried unanimously. Lynch/Vierling moved to allocate funding in the amount of $5, 230 . 00 from the Capital Improvement fund to off-set the development of two literature pieces that will be distributed via direct mail . Motion carried unanimously. Vierling/Beard moved to schedule Community Forums for May 25th and June 14th at 7 : 00 PM in the Shakopee City Council Chambers to disseminate information relative to the proposed referendum. Motion carried unanimously. Official Proceedings of the May 4, 1993 Shakopee City Council Page -5- Lynch/Beard moved to authorize the appropriate City officials to execute an agreement for ice arena design and construction management services by and between Greystone Construction and the City of Shakopee. Motion carried unanimously. Mr. Hutton gave a presentation on the City' s special assessment at Council directed secy for ee sidewalksks onand the fact the 4th Avenuehreconstruction project assessing Lynch/Vierling moved to direct staff to revise the Special Assessment Policy to eliminate assessing new sidewalks on collector and arterial streets . Cncl . Lynch stated these sidewalks are for public use and there is a safety issue involved, so they should not be assessed. Motion carried unanimously. Mr. Stock explained to Council that the 1993 budget included funding for one full-time (40 hours) and one seasonal inspector in the Building Department . He stated that there is a need to increase the part time inspector to full time and presented documentation for the need. Vierling/Beard moved to authorize the appropriate City officials to take the appropriate steps to develop and fill a full time Building Inspector/Code Enforcement position. Motion carried unanimously. Vierling/Beard offered Resolution No. 3790, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget (increasing the Building Department Budget to accommodate costs associated with increased Building Department staffing levels) , and moved its adoption. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a 10 minute break at 9 : 55 PM. n the need to Mr. Huttongave a because ofnstreet tation cconstruction and provide boat asked Council for ramp access further direction. Cncl . Sweeney suggested closing the boat ramp altogether. Mr. Hutton explained that Huber Park is in tput process off construction and it would not be a problem m through that area. Beard/Sweeney moved to direct staff to develop a temporary access road directly off Bluff Avenue to the boat ramp and to sign it appropriately. Ed Wagner, 120 North Main, was concerned that the traffic would be increased on their residential street and increase the amount of dust on the roads . Official Proceedings of the May 4, 1993 Shakopee City Council Page -6- Mr. Hutton stated that board fences were built to cut down on the dust for Mr. Wagner' s property, but the evergreens were never planted and could be done at this time. He also stated he could use calcium chloride on the gravel roads and seed the fill for vegetation to help with dust control, but using calcium chloride on City streets is not part of the City policy. Motion carried with Cncl . Lynch dissenting. Mr. Hutton updated the Council on the South Shakopee Interceptor and stated there was no action required. He stated that he has not been able to set up a meeting with the MWCC to discuss their alternatives on the Chaska Wastewater Treatment Plant . He explained that a new, fourth alternative would result in a $9 . 5 million costs to the City of Shakopee. Cncl . Vierling stated that she had called the Chanhassen and Chaska City Administrators concerning this project and that they were interested in the project . Cncl . Sweeney suggested getting together with the other communities and soliciting legal action. Mr. Hutton stated the Met Council staff was arranging to set up a meeting with the City of Shakopee in the near future. Jon Albinson stated that he thought they would construct this after the bypass because they did not want that project going on at the same time. He stated that for construction they would need two miles of easement from Valley Green and that he already had plans for that land and would not give it up easily. Sweeney/Lynch moved to direct staff to take the initial steps to institute legal action in the event we are not able to reach a satisfactory solution with MWCC and Metropolitan Council for the forcemain. Motion carried unanimously. Mayor Laurent also suggested staff arrange a meeting with the appropriate people to discuss this project . Vierling/Beard moved to approve bills in the amount of $144, 490 .72 . (Motion carried under consent business . ) Vierling/Beard offered Resolution No. 3787, A Resolution Amending Resolution No. 1571 Adopting a Personnel Policy for the City of Shakopee, and moved its adoption. (Motion carried under consent business . ) Vierling.Beard offered Resolution No. 3788, A Resolution Ordering the Preparation of a Report on an Improvement to Downtown Streetscape Project - Phase II, Project No. 1993-12, and moved its adoption. (Motion carried under consent business . ) Official Proceedings of the May 4, 1993 Shakopee City Council Page -7- Council agreed to meet on June 9th at 5 : 00 PM to award the sale of G.O. TIF Refunding Bonds, Series 1993A. Mr. Kraft updated the City Council on traffic flow and street closings because of the construction of sewers and roads for the mini bypass . Mr. Hutton explained that the railroad crossing is open at 2nd Avenue and Market Street and recommended installation of stop signs on 2nd Avenue at Market Street. Sweeney/Vierling moved to put up stop signs on 2nd Avenue at Market Street . Motion carried unanimously. Sweeney/Vierling moved to direct staff to contact the State for a warrant study at 1st Avenue and Market Street . Motion carried unanimously. Sweeney/Beard moved to approve change order #1 to the Tahpah Park Concession Stand Improvement Project in the amount of $3 , 590 . 00 . Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an executive session at 11 :00 PM to discuss personnel issues and litigation. Mayor Laurent re-convened the meeting at 11 :34 PM and stated that no action was taken during the Executive Session. Mayor Laurent adjourned the City Council meeting to May 18, 1993 at 8 : 00' PM. The meeting adjourned at 11 :34 PM. V t�k, Odith S. Cox ty Clerk Debra Zabel Recording Secretary MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 1993 Sidewalk Replacement Program ��(( DATE: May 11, 1993 INTRODUCTION: Attached is Resolution No. 3799 which orders an improvement and authorizes the advertisement for bids for the 1993 Sidewalk Replacement Program. BACKGROUND: A public hearing has been scheduled for May 18, 1993 in order to consider the 1993 Sidewalk Replacement Program. In 1989 the City Council adopted a policy whereby all sidewalk replacement in Shakopee would be funded 50% by the abutting property owners and 50% by the City of Shakopee. This policy was adopted in the City Code under Section 7.16 on August 25, 1989. The Engineering Department has divided the City up into various sidewalk zones and inspected the sidewalk in order to determine how much sidewalk needs replacing. Since 1990 the Engineering Department has been replacing defective sidewalks on a zonal basis. A list of locations for the 1993 project has been identified and the amount of sidewalk that needs replacing has also been determined. Staff is now ready to bid out the project and hire the contractor to do the work. Since 50% of the costs for this project will be assessed to the abutting property owner, a public hearing must be held prior to ordering the improvement. At the conclusion of the public hearing, staff is requesting permission to advertise for bids on this project. Attached is Resolution No. 3799 which orders the improvement and authorizes the advertisement for bids for the 1993 Sidewalk Replacement Program. ALTERNATIVES: 1. Adopt Resolution No. 3799. 2. Deny Resolution No. 3799. RECOMMENDATION: Staff recommends Alternative No. 1,to adopt Resolution No. 3799 which orders the improvement and authorizes the advertisement for bids on this project. ACTION REQUESTED: Offer Resolution No. 3799, A Resolution Ordering an Improvement and Authorizing Advertisement for Bids for the 1993 Sidewalk Replacement Program, Project No. 1993-11 and move its adoption. DEH/pmp MEM3799 PAGE 1 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001081-0 Cole & Ruth VanHorn Lot 1, BIk. 7 437 E. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001082-0 Parkside Printing Lot 2, BIk. 7 321 W. 1st Avenue Shakopee Plat Shakopee, MN 55379 27-001084-0 Ronald Weinzierl E 10' of 3 &All of 4 313 1st Avenue Blk. 7 Shakopee, MN 55379 Shakopee Plat 27-001086-0 Edward Fonnier &Wife S 1/2 of Lot 5 303 W. 1st Avenue Blk. 7 Shakopee, MN 55379 Shakopee Plat 27-001091-0 Al Berkland Lots 4 &5 1165 Monroe Street BIk. 8 Shakopee, MN 55379 Shakopee Plat 27-001129-1 Cy's Standard Service S 42' of Lots 6 &7 312 W. 1st Ave. Block 20 Shakopee, MN 55379 Shakopee Plat 27-001133-0 Pauline Philipp Lot 10, Blk. 20 336 W. 1st Avenue Shakopee Plat Shakopee, MN 55379 27-001135-0 Richard Stoks P/O of 1-3, BIk. 21 P.O. Box 65 Lying N'rly of LN BEG Shakopee, MN 55379 110.7 S of NW Cor 1, SE to PT 138.85 S of NE Cor 3 Shakopee Plat 27-001144-0 Art Berens & Sons, Inc. Lots 1, 2, & 3 123 W. 2nd Avenue BIk. 22 Shakopee, MN 55379 Shakopee Plat 27-001165-0 Larry Warden S 39' of Lot 6 112 S. Lewis Street S 23' of N 103' Shakopee, MN 55379 of Lot 6 and E 15' of S 62' of Lot 7 BIk. 23 Shakopee Plat 27-001179-0 Eugene & Esther Brown Lots 3, 4 & E 1' of 2 610 McDevitt Street Blk. 24 Shakopee, MN 55379 Shakopee Plat 27-001180-0 Darrel &Joyce Yohnke Lot 5 EX N 64 1/2 148 Sommerville Street BIk. 24 Shakopee, MN 55379 Shakopee Plat PAGE 2 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001192-0 Bart Partners Lots 1, 2 &3 4804 W. 60th Street BIk. 25 Edina, MN 55424 Shakopee Plat 27-001209-0 Marvin &Gloria Gustafson Lot 2, BIk. 27 413 E. 3rd Avenue Shakopee Plat Shakopee, MN 55379 27-001210-0 John & Gwendolyn Hennen Lot 3, Blk. 27 421 E. 3rd Avenue Shakopee Plat Shakopee, MN 55379 27-001218-0 Frederick Houle &Wife S 90 - 3/10' of Lots 231 S. Sommerville St. 1 &2 Ex RR, Blk. 28 Shakopee, MN 55379 Shakopee Plat 27-001219-0 Franklin Haws, Jr. N 51 - 7/10' of 1 &2 225 S. Sommerville St. BIk. 28 Shakopee, MN 55379 Shakopee Plat 27-001230-0 City of Shakopee Lot 4, Blk. 29 129 S. Holmes Street Lying N of RR Shakopee, MN 55379 Shakopee Plat 27-001241-0 Shakopee Investment One Lot 4 & N 81' of 5 2831 Sandpiper Trail Shakopee Plat Excelsior, MN 55331 27-001244-0 City of Shakopee Lots 8, 9 & 10 & N 1/2 129 S. Holmes Street of Vacated Alley Adj to Shakopee, MN 55379 9 & 10, BIk. 30 Shakopee Plat 27-001248-0 Carol Eastman S 501//2' of Lots 6 & 7 152752 Thistle Drive & P/O Alley Abutting Fountain Hills, AZ 85268 Said Lots, BIk. 31 Shakopee Plat 27-001260-0 Daniel Lebens W 45' of Lot 10 207 1/2 S. Atwood St. Blk. 32 Shakopee, MN 55379 Shakopee Plat 27-001267-0 City of Shakopee W 1/2 of 9 &All 129 S. Holmes Street Of 10, BIk. 33 Shakopee, MN 55379 Shakopee Plat 27-001271-0 Jerome Jaspers Lot 5, BIk. 34 206 Scott Street Shakopee Plat Shakopee, MN 55379 27-001281-0 Eleanore Huth Lot 5, Blk. 35 505 W. 3rd Avenue Shakopee Plat Shakopee, Mn. 55379 27-001306-0 Elroy Koch &Wife Lot 2, Blk. 43 627 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 PAGE 3 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001307-0 Rosemary Ashton Lot 3, Blk. 43 619 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001308-0 Mark & Robin Barry Lot 4, Blk. 43 611 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001309-0 Jerome & Georgia Steinhoff Lot 5, BIk. 43 605 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001322-0 Ilse Welter S 1/2 of 1 &2 435 W. 4th Avenue BIk. 45 Shakopee, MN 55379 Shakopee Plat 27-001323-0 St. Marks Church Lots 3-5, Blk. 45 333 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001327-0 St. Marks Church All of Blk. 46 333 W. 4th Avenue Shakopee Plat Shakopee, MN 55379 27-001334-0 Emil & Esther Halden Lot 6, Blk. 47 206 W. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001344-0 E.L. Dahl E 58' of N 54 1/2' 324 Holmes St. of 5, Blk. 48 Shakopee, MN 55379 Shakopee Plat 27-001345-0 Charley B, Inc. Lot 6, BIk. 48 11080 Oregon Curve Shakopee Plat Bloomington, MN 55438 27-001349-0 George Bango Lot 10, Blk. 48 5210 W. Monte Cristo Ave. Shakopee Plat Glendale, AZ 85306 27-001362-0 Robert Vierling Lots 3, 4,&5 221 E. 4th Ave. BIk. 50 Shakopee, MN 55379 Shakopee Plat 27-001364-0 Timothy & Mary Rein Lot 6, Blk. 50 306 S. Sommerville St. Shakopee Plat Shakopee, MN 55379 27-001369-0 Robert &April Nead Lot 1, BIk. 51 303 E. 4th Ave. Shakopee Plat Shakopee, MN 55379 27-001378-0 Cole & Ruth VanHorn Lots 3 &4, Blk. 52 437 E. 4th Ave. Shakopee Plat Shakopee, MN 55379 PAGE 4 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-001380-0 Helmer & Nancy Halverson Lot 6, Blk. 52 13624 Spring Lake Rd. Shakopee Plat Minnetonka, MN 55345 27-001383-0 Rick Welch Lot 9, BIk. 52 412 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001384-0 Steven & Naomi Benedict Lot 10, BIk. 52 404 E. 3rd Ave. Ex RR Shakopee, MN 55379 Shakopee Plat 27-001829-0 Bernice Lebens Lot 8, Blk. 166 548 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001830-0 Jerome Wagner &Wife Lot 9, Blk. 166 538 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001832-0 Eugene Netzbandt &Wife Lot 11 & 12, BIk. 166 518 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001837-0 John Lallak &Wife Lot 4, Blk. 167 529 E. 3rd Ave. Shakopee Plat Shakopee, MN 55379 27-001838-0 Phyllis Schesso Lot 5, Blk. 167 224 Main Street Shakopee Plat Shakopee, MN 55379 27-004015-0 Leland & Barbara Scheller Lot 2, BIk. 3 613 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004016-0 Richard Welch &Wife Lot 3, Blk. 3 619 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004018-0 Alice Fehring Lot 5, Blk. 3 635 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004029-0 Gary & Debbie Snyder Lot 6, Blk. 4 638 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004030-0 Philip & Betty Hvidsten Lot 7, BIk. 4 628 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004031-0 Randall Haas Lot 8, Blk. 4 620 E. 3rd Ave. East Shakopee Shakopee, MN 55379 PAGE 5 ESTIMATED 1993 SIDEWALK REPLACEMENT ASSESSMENT ROLL LEGAL PID # OWNER DESCRIPTION 27-004033-0 John Loewing Jr. &Wife Lot 10, Blk. 4 606 E. 3rd Ave. East Shakopee Shakopee, MN 55379 27-004038-0 Charles & Moe &Wife West 1/2 of 4-5 706 E. 3rd Ave. BIk. 5 Shakopee, MN 55379 East Shakopee 27-068004-0 Shakopee Prof. Group Lot 4 (Ex N'erly 10') %Don Schesso, #100 &5, Blk. 1 327 S. Marschall Rd. Furries 1st Addn Shakopee, MN 55379 27-087009-0 Marquette Bank- Shakopee Lot 5, Blk. 2 1251 4th Ave. E. Furries 2nd Addn Shakopee, MN 55379 Railroad ROW Railroad ROW at Marschall Road at Marschall Road City of Shakopee RESOLUTION NO. 3799 A Resolution Ordering An Improvement And Authorizing Advertisement For Bids For The 1993 Sidewalk Replacement Program Project No. 1993-11 WHEREAS, Resolution No. 3780 adopted by City Council on April 20, 1993, fixed a date for Council hearing on the proposed improvement of the 1993 Sidewalk Replacement Program; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 18th day of May, 1993, at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of the 1993 Sidewalk Replacement Program and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the 1993 Sidewalk Replacement Program is ordered. 2. Such plans and specifications for the Sidewalk Replacement Program, a copy of which are on file and of record in the Office of the City Engineer, are hereby approved. 3. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney ILk CuiRlc., 11....i \J MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Request for Amendment to Final Plat Resolution No. 3742 to Allow the Developer to Defer the Park Dedication Requirements to the Time of the Issuance of the Building Permit DATE: May 10, 1993 INTRODUCTION: On May 3 , 1993 , Mr. LeRoy Menke submitted a request to defer the park dedication requirements to the time of the issuance of the building permits for the lots within Milwaukee Manor 1st Addition. This plat was approved by the City Council on February 16, 1993 . DISCUSSION: Condition No. 2 .h of Resolution No. 3742, the Resolution Approving the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, currently states: 2 .h Cash payment in lieu of park dedication shall be required. The total Park Dedication Requirement will be required to be paid at the time of City Council approval of the Final Plat. A 40% park dedication credit shall be applied to the park dedication fees, as per Section 11. 40, Subd. 4 .e. Approval of the amendment request would delete the portion of Condition No. 2 .h which has been highlighted in bold letters. The developer did not submit a deferral request prior to the approval of the Final Plat for Milwaukee Manor 1st Addition. Therefore, the entire Park Dedication Fee Requirement was required to be paid with the Final Plat. The applicant has now submitted the attached letter requesting a deferment to the time of the issuance of the building permit. Staff has recently researched the files and a request to defer the park dedication fees was not made in the plat review process. If the City Council approves the deferral request, the Council would enter into a contractual agreement to allow the park dedication payments to be deferred until a building permit is issued for each of the lots within the development. This contract designates the amount to be paid in lieu of park dedication for each specific lot in the plat, and is filed with the Scott County Recorder as a lien against the property. A deferment of these fees requires approval by the City Council for an amendment to Condition No. 2 .h of Resolution No. 3742 . ALTERNATIVES: 1. Amend Condition No. 2 .h of Resolution No. 3742 to allow the developer to defer the Park Dedication Requirements to the time of the issuance of the Building Permit for each lot. 2 . Do not amend Resolution No. 3742 . 3 . Table the decision to allow the developer to submit additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3795, A Resolution Amending Resolution No. 3742 , the Resolution Approving the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, and move its adoption. RESOLUTION NO. 3795 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3742, A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR MILWAUKEE MANOR AND THE FINAL PLAT FOR MILWAUKEE MANOR 1ST ADDITION. WHEREAS, Mr. LeRoy R. Menke has submitted a letter requesting the City Council to defer the park dedication requirements to be payable at the time of the issuance of the building permits for the lots within Milwaukee Manor 1st Addition; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition on February 4, 1993 , and recommended their approval; and WHEREAS, the property is described on Attachment A attached hereto and incorporated herein. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That Condition No. 2 .h of Resolution No. 3742, the Resolution Approving the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, is hereby amended by deleting the sentence, "The total Park Dedication Requirement will be required to be paid at the time of City Council approval of the Final Plat. " , which amends the condition to read: 2 .h Cash payment in lieu of park dedication shall be required. A 40% park dedication credit shall be applied to the park dedication fees, as per Section 11. 40, Subd. 4 .e. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Attachment A • That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22. Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearin3 of South 89 degrees 11 minutes Si seconds East Along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet to the . point of beginning; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees Il minutes SI seconds West a distance of 197.61 feet; thence North 00 degrees 24 minntes 17 seconds East a distance of 2)1.2) feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according to the record • • plat thereof; thence South 65 degrees, 20 minutes, 50 seconds East along the south line of the record plats of MACEY SECOND ADDITION and MACEY PLAT a distance of 581.44 • feet to the centerline of Dakota Street according to said MACEY PLAT; thence South • 00 degrees, 42 minutes, 3) seconds West a distance of 36.11 feet; thence South 02 . degrees 47 minutes 32 seconds West a distance of 182.21 feet to the south line of the • North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line to the point of beginning. AND Lots 6 L 7, Block )14 and Lot 6, Block )09, all in WERMERSKIRCIIENS ADDITION, according to the record plat thereof. -AND- That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter: thence on an assumed hearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees II minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot II). Block 3. MACEYS SECOND ADDITION. according to the record plat thereof; thence • South 02 degrees 08 minutes )0 seconds East along the southerly extension of the west • line of Block 3 of said MACEYS SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 ,minutes 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY • PLAT and the point of beginning; thence continua South 65 degrees 20 minutes 50 seconds East a distance of )60.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36.19 feet to the south line of the North Half of the Southwest . Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south Line a distance of 336.61 feet to a line which bears South 02 degrees 47 minutes 32 seconds West from the point of beginning; thence North 02 degrees 47 minutes )2 seconds East a distance of 182.21 feet to the point of beginning. AND Loc 4, Block 317, WERMERSKIRCHENS ADDITION, according to the record plat thereof. -AND- That part of the North half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter: thence • on an assumed bearing of South 89 degrees ll minutes Sl seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degreeea ll minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.2) feet; thence South 65 degrees • 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Loc • 10. Block 3, MACE'(S SECOND ADDITION, according to the record plat thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said N.ACEYS SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 minutes' SO seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACE? PLAT and the point of beginning; thence continue South 65 degrees 20 minutes 30 • seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36.19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees II minutes 51 seconds West along • said south line a distance of 41.38 feet to the northeasterly line of Outlot A. EAST- VIEW FIRST ADDITION. according to the record plat thereof; thence South 65 degrees 16 minutes )9 seconds East along said line a distance of 126.16 feet to the southerly extension of the east line of Lot 2, Block 1. CLIFTON FIRST ADDITION, according Co Menke Construction 11/5 S dmcvl Shakopee, MN 55379 445-2710 GvuivaiL- ' THIS ) s d S V U rl T l ;is O A A40 6,M�v ri d 4-o R I.c 14'it K 4t- p9 iv o R 1 5 T fly' Attachment A • That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range ' •, : 22. Scott County. Minnesota, described as follows: • Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south , line of said North Half of the Southwest Quarter a distance of 1008.50 feet to the point of beginning; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees Il minutes Si seconds West a distance of 197.61 • feet; thence North 00 degrees 24 minutes 11 seconds Past a distance of 2)1.2) feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the • southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according to the record • plat thereof; thence South 65 degrees, 20 minutes, 50 seconds East along the south line of the record plats of MACEY SECOND ADDITION and MACEY PLAT a distance of 581.44 • feet to the centerline of Dakota Street according to said MACEY PLAT; thence South 00 degrees, 42 minutes, 33 seconds West a distance of 36.11 feet; thence South 02 • degrees 47 minutes 32 seconds West a distance of 182.21 feet to the south line of the North (Half of the Southwest Quarter of said Section 6; thence North 89 degrees ll minutes 51 seconds West along said south line to the point of beginning. • ANI) Lots 6 L 7, Block 314 and Lot 6, Block 309. all in WER?IERSKLRCIIENS ADDITION, according to the record plat thereof. -AND- • That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed hearing of South 89 degrees ll minutes 51 seconds East along the south line of said North half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees 11 minutes Si seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot II), Block 3. MACEYS SECOND ADDITION, according to the record plat thereof; thence • South 1)2 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEYS SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 minices 30 seconds East a distance of 582.42 (set to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY PL.\T and the point of beginning; thence continue South 65 degrees 20 minutes 50 seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds ;f ' West a distance of 36.19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees ll minutes 51 seconds West along said south Line a distance of 336.61 feet to a line which bears South 02 degrees 47 minutes 32 seconds West from the point of beginning; thence North 02 degrees 47 minutes 32 seconds East a distance of 182.21 feet to the point of beginning. AND .r•i Lot 4, Block 317, L:EP.NERS):IRCIIENS ADDITION, according to the record plat thereof. • -AND- • That part of the North half of the Southwest Quarter of Section 6, Township 115, Range 22. Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degreees ll minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according to the record plat thereof; thence • South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEYS SECOND ADDITION a distance of 35.72 feet; thence South • 65 degrees 20 minutes' 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY PLAT and the point of beginning; thence continue South 65 degrees 20 minutes 50 • seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36.19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line a distance of 41.38 feet to the northeasterly line of Outlot A, EAST- VIEW FIRST ADDITION, according to the record plat thereof; thence South 65 degrees 16 minutes 39 seconds East along said line a distance of 126.16 feet to the southerly extension of the east line of Lot 2, Block 1, CLIFTON FIRST ADDITION, according to the record plat thereof; thence North 00 degrees 41 minutes 35 seconds East along said extended line a distance of 90.70 feet to the southerly line of Lot 2, Block I. of said CLIFTON FIRST ADDITION; thence North 65 degrees 20 minutes 50 seconds West aLong said southerly line, and the northeasterly extension thereof, a distance of 441.84 feet to the centerline of Dakota Street, according to the record plat of MACEY PLAT; thence South 00 degrees 42 minutes 33 seconds West along the southerly extension of said centerline a distance of 36.11 feet to the point of beginning. -AND- • Lot 2. Block 1. CLIFTON FIRST ADDITION, according to the record plat thereof. -AND- That part of Minnesota Street and that part of Dakota Street lying North of the North line, and the Easterly and Westerly extensions thereof, of the alley running through Blocks 309, 114 and 117 as platted In WERMERSKIRCIIF.NS ADDITION. MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Preliminary Plat for Parkview 1st Addition DATE: May 10, 1993 INTRODUCTION: At their meeting on May 6, 1993 , the Planning Commission recommended approval of the Preliminary Plat for Parkview 1st Addition. The proposed subdivision is located east of Marschall Road (CR 17) and north of Vierling Drive. The western 566' of the subject site is zoned Highway Business (B-1) , and the City Council recently rezoned the eastern portion of the subject site from Highway Business (B-1) to Urban Residential (R-2) . (See Exhibit A. ) The proposed plat covers 18. 17 acres, and consists of 3 commercial lots and 30 residential lots. The developer of this proposal is Dalles Properties. CONSIDERATIONS: 1. Access to the development is from Vierling Drive, which is located along the southern border of the proposed plat. The Transportation Section of the draft 1990 Comprehensive Plan has designated Vierling Drive as a collector street. This roadway classification provides both traffic movement and limited access, while interconnecting with minor arterials and providing continuous access across and around neighborhoods. A collector street within the urban area of the City has the capacity to carry 1, 000 to 5, 000 vehicles per day. 2 . The proposed plat contains 30 residential lots (R-2) and 3 commercial lots (B-1) . See Exhibit B. Fifteen lots meet the area and dimension requirements for development with single family homes, and 15 of the lots meet the requirements for development with two family dwellings. The average residential lot size is 11,719 square feet. The proposed plat also contains 3 lots that meet the area and dimension requirements for commercial development. These 3 lots are 52 , 200 square feet, 59 , 900 square feet, and 204 , 300 square feet in size. 3 . The Subdivision Regulations require a 120' minimum diameter for cul-de-sacs. The applicant is proposing a 110' diameter for the cul-de-sac proposed to be called Swift Street. The Planning Commission has recommended a condition requiring the developer to revise the plat to conform to this requirement of the subdivision regulations. 4 . Since the applicant is proposing a subdivision with both commercial and residential uses, the applicant has submitted a landscape plan showing plant material types, numbers, and locations. The applicant is proposing to plant 10 deciduous trees, spaced at 50' intervals, along CR 17; and to plant 23 deciduous trees at 50' intervals along the proposed streets in front of the commercial lots. The applicant has also provided the locations of the existing deciduous trees along Vierling Drive. These trees have been spaced at 100' intervals. The applicant is also proposing a compact evergreen hedge for screening between the commercial and residential lots. The required landscaping for each lot will be required to be installed during the building permit process. 5. The approved Citywide Sidewalk and Trail Plans propose two sidewalks and two trails within the boundaries of this plat. Sidewalks along CR 17 and Vierling Drive are recommended on the Citywide Sidewalk Plan. The Upper Valley Drainage Trail (already constructed) runs east/west along the north side of the proposed plat. The applicant is proposing to dedicate an access easement for pedestrians to connect Ramsey Street to the Upper Valley Drainage Trail. The applicant is also proposing sidewalks along Ramsey Street, and the westerly portion of Dalles Drive (within the commercially zoned area) , and along CR 17 . A 5' sidewalk currently exists on the north side of Vierling Drive in the southern portion of the plat. 6. Typically the City controls access to major streets in the subdivision process. Staff recommends that the developer enter into an access agreement as follows: No direct access from the individual lots onto Marschall Road (CR 17) or Vierling Drive will be allowed. Access rights shall be limited by dedicating to the City the access rights in the access agreement. 7 . The developer is proposing to dedicate 40' of the proposed 80' right-of-way for Vierling Drive. Although this road has already been constructed, this portion of Vierling Drive has not been dedicated through the subdivision process. When the property to the south of Vierling Drive is platted, an additional 40' of right-of-way will be required to be dedicated. 8. Approximately 105' of the 120 ' wide easement for the Upper Valley Drainageway crosses the northern portion of two of the proposed commercial lots, and part of the easement crosses the northern portion of 4 of the proposed residential lots. This drainage and utility will contain the VIP sewer main. 9 . The City Engineer has recommended approval of the preliminary plat with the condition that the final construction plans, the stormwater management plans, and the grading and erosion control plan be approved by the City Engineer. 10. Shakopee Public Utilities has commented that both water and electrical services are available to the site, subject to their standard policies, charges, and requirements. In addition, they require that the size of all drainage and utility easements be provided on the preliminary plat drawing. 11. The Building Official has commented that the applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or building sites are filled. 12 . According to the developer, the proposed plat contains no wetlands. On January 1, 1992, the Wetland Conservation Act of 1991 became effective. The City of Shakopee was designated as the Local Governing Unit in charge of administrating this program. If no wetlands are affected within the plat, staff will issue a Certificate of Exemption to the owner. 13 . Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. Using a purchase price paid within the past year in the calculation, the park dedication requirement would be approximately $502 . 06 per residential lot. The Park Dedication Requirement for the commercially zoned properties would be as follows: Lot 1, Block 1 $ 7 , 715 . 14 Lot 2 , Block 1 $ 1,737 . 74 Lot 1, Block 2 $ 2 , 101. 53 The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. However, the developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. Due to this request, the City Council may enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 14 . The Planning Commission recommended a condition requiring the dedication of a pedestrian easement between the Upper Valley Drainageway and Ramsey Street. The applicant had originally proposed to construct a trail in this location, but the Planning Commission did not recommend the developer construct the trail. The Planning Commission was concerned about the steep grades near the Upper Valley Drainageway and felt special construction techniques would be necessary. In the past the City has not granted credits to the park dedication requirements for trails which provide short connections to existing trails in the urban area. In several instances the City has also required the developer to construct the short linking trail (Minnesota Valley 7th Addition, Meadows 7th Addition) . 15. There are special assessments against this property. The City Engineer will reapportion these assessments against the lots and the developer will waive his right to appeal the reapportionment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the preliminary plat of Parkview 1st Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. A 5 foot sidewalk on the east side of CR 17 from Vierling Drive to the north end of the plat, and sidewalks along both sides of the proposed Ramsey Street and along both sides of the portion of Dalles Drive that lies within the commercially zoned portion of the plat. i. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 4 . The developer shall enter into an access agreement as follows: No direct access from the individual lots onto Marschall Road (CR 17) or Vierling Drive will be permitted. Access rights shall be limited by dedicating to the City the access rights in the access agreement. 5. The final construction plans, stormwater management plans, and the grading and erosion control plan must be approved by the City Engineer. 6. The developer shall be responsible for grading of the plat as shown in the drainage plan. 7 . The final plat must show all drainage and utility easements around the lot lines. Shakopee Public Utilities is requiring that the size of all drainage and utility easements be provided on the preliminary plat drawing. 8. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 9 . The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 10. The applicant shall revise the Preliminary Plat illustrating conformance with the 120' minimum right-of-way width for the proposed cul-de-sac street. 11. The developer shall dedicate a 20 foot wide pedestrian access easement along the east edge of Lot 1, Block 1 for a future trail connection. ACTION REQUESTED: Offer Resolution No. 3798, A Resolution Approving the Preliminary Plat for Parkview 1st Addition, and move its approval. RESOLUTION NO. 3798 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT OF PARKVIEW 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Parkview 1st Addition on May 6, 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat of Parkview 1st Addition, described as: • The East ten (10) acres of that part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section 7, Township 115, Range 22 , Scott County, Minnesota, lying North of the centerline of Vierling Drive. is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. A 5 foot sidewalk on the east side of CR 17 from Vierling Drive to the north end of the plat, and sidewalks along both sides of the proposed Ramsey Street and along both sides of the portion of Dalles Drive that lies within the commercially zoned portion of the plat. i. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 4 . The developer shall enter into an access agreement as follows: No direct access from the individual lots onto Marschall Road (CR 17) or Vierling Drive will be permitted. Access rights shall be limited by dedicating to the City the access rights in the access agreement. 5. The final construction plans, stormwater management plans and the grading and erosion control plan must be approved by the City Engineer. 6. The developer shall be responsible for grading of the plat as shown in the drainage plan. 7 . The final plat must show all drainage and utility easements around the lot lines. Shakopee Public Utilities is requiring that the size of all drainage and utility easements be provided on the preliminary plat drawing. 8. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 9. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 10. The applicant shall revise the Preliminary Plat illustrating conformance with the 120' minimum right-of-way width for the proposed cul-de-sac street. 11. The developer shall dedicate a 20 foot wide pedestrian access easement along the east edge of Lot 1, Block 1 for a future trail connection. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney J •---_.r _-_1.-----1.11 — EXHIBIT A • - • ,e ` • yw.._ _..... ! am. .___..___-. r ..-_�. r .- ... _...] ._4..„.----1,, .1 s:, , -,-,,,, </5-•,...2..1 ;—. - -.-::: ,- r B 1 ,,,...,.v . ___. . 0. .gi •,...... 11101 E . .. I ��:. *a: A -/ ?.17\i‘ 4.lµ', R-2 I 16 I. �� 1�_ 7� I Ii- :;.:N:;: vv.., • I #::?:::•: ::.:::.... •,:3:1„.::...1:4„..r_.4.,;,1' GtuM r dl : _ • f:o - - 1,...:..;,i..:;,:;::::::::::.....:........„:::.„....::. :`:?"' C ,rte 1927. s AG AGRICULTURE rf- SUBJECT SITE > v;*~ AF`> y '3 ?';'-i . . 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I $ `-„,., srw?-3S \\\ j1 — �°°� 2 �- I N rt � '�^"' -- 1 r r; 41118—I,ag \IX _—-----S-6;--- an M.Ee.b,.or nouo '� ,E6s t +...xa i' a "k II 1 AV y\ O LHht� ,�Q I/1 I I_ M.EE:71 uO T'4 Zol65 v 4 -3 r G,>� aid LS ir+no� C oN ���+ tt1 Jtn t Obote ,�bNJSbVW LI' i // C-==i ,�� ��_—��- L\.a\Y HV g�3n,1 +-t+3 Se.l•82.� r -3 M-nz,LS°o t\1 Lig I b/(:S b/t3N k° 311115V MC.. MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Proposed Planned Unit Development: Preliminary Development Plan for Westridge Bay Estates II DATE: May 7, 1993 INTRODUCTION: At their meeting on May 6, 1993 , the Shakopee Planning Commission recommended approval of an application for approval of the Preliminary Development Plan for the proposed Planned Unit Development (PUD) for Westridge Bay Estates II. BACKGROUND: Mr. Darrel Gonyea of Westridge Bay Company has submitted an application for approval of the Preliminary Development Plan for the proposed Planned Unit Development (PUD) for Westridge Bay Estates II. The proposed development covers 129. 18 acres of land and is located north of CR 14 , along the southern shore of O'Dowd Lake. The majority of the subject site is zoned Shoreland (S) . However, the southern portion of the site is zoned Rural Residential (R-1) . (See Exhibit A. ) The applicant is requesting approval of a PUD to construct 64 single family residential structures. The purpose of the Planned Unit Development (PUD) section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. Zoning district standards may be negotiated and variances from district requirements granted by the City as part of the PUD process. The following restrictions shall apply to the granting of variances by PUD: A. Fire and Safety. No variances shall be negotiated which in any way violate the fire and safety codes of the City. B. Exterior Streets and Yards. No reduction in yard requirements shall be permitted adjacent to exterior property lines or exterior public streets. C. Interior Streets. No building shall be located less than fifteen (15) feet from the back of the curb lines along interior streets that are to be maintained by the City. 1 D. Off-Street Parking. No variances shall be negotiated from off-street parking except as specifically provided for in Section 11. 05, Subd. 3 . E. Open Spaces. No variances shall be negotiated which will result in less open space than is required by the zoning district. This includes yard requirements. Residential PUD' shall provide at least twenty (20) percent of the project area as open space. The applicant has requested several variances for the proposed PUD. A letter has been submitted by the applicant (Exhibit B) listing the requested variances. The approval of the preliminary development plan will provide the applicant a conceptual or general layout approval of lots, streets, and open space areas. This approval will also permit the specific variances from the Zoning Ordinance and Subdivision Regulations so that the applicant can apply for subdivision plat approvals, building permits, and other required City approvals. CONSIDERATIONS: 1. The properties that the applicant is proposing to develop are unique in shape and character. The main peninsula extends approximately 2, 300 feet into O'Dowd Lake. The two smaller peninsulas or islands each cover approximately 2 .75 acres while the main peninsula covers approximately 27 . 5 acres. 2 . In order to develop the site as proposed, the applicant is requesting the following variances from the Zoning Ordinance or the Subdivision Regulations: (Please refer to applicant's letter attached as Exhibit B. ) A. Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-way. Four lots have been proposed on the two islands which would not have frontage on a public right- of-way. Access would be provided on two access easements located on proposed private property (Lots 15 and 16, Block 6 and Lots 6 and 7 , Block 7) . B. Section 12 . 07 , regarding Design Standards for Subdivisions, Subd. 1. B (f) , to construct a cul-de-sac in excess of 1, 000 feet in length. The applicant is proposing to construct a cul-de-sac over 3 , 100 feet in length beginning at the northern edge of WestRidge Drive, going east on Vista Ridge Lane, and to the northern end of Peninsula Point Road. C. Section 12 . 1, Subd. 3 regarding the split of the Chessen property. The applicant is proposing to split the two islands from the Chessen property to the east and connect 2 them with the Schneider property in the PUD. The portion of the Chessen property to not be included in the PUD is less than 500 feet in width and less than 20 acres. D. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding minimum lot size of 2 . 5 acres. The applicant is proposing a minimum lot size of 1 acre, as per Section 11. 40.C. , regarding Planned Unit Developments, paragraphs 2 and 3 . E. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding a minimum lot width of 200 feet. The applicant is proposing to construct lots at only 150 feet in width. F. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding the required building setback of 100' from the O.H.W. The applicant is proposing a minimum setback of 75 feet for Lots 15 and 16 of Block 6, and Lots 6 and 7, Block 7 . G. Section 11. 35, Shoreland Zoning District, Subd. 7.B. , to allow an impervious roadway surface less than fifty feet from the O.H.W. for a private drive and the proposed Peninsula Point Road. 3 . Section 11. 40, Planned Unit Development (PUD) , Subd. 2 .0 states that PUD sites must be served by City water and sewer services except in the R-1 and Shoreland zones. Within these zones, private sewer and water services may be allowed if the maximum deviation of land density does not exceed 20% The maximum number of units that the applicant could construct would be limited to 62 in order to meet the 20% maximum deviation of land density requirement. A condition has been recommended requiring that the number of lots be reduced to 62 single family lots. 4 . Section 11. 40 Planned Unit Development (PUD) , Subd. 3 states that within both the R-1 and Shoreland districts, 20% of the PUD must be usable, open space, and this space cannot include land devoted to streets, alleys, parking, and private yards. The applicant is proposing an "open space easement" across the rear yards of those lots adjacent to the open space. The PUD Ordinance will not permit the 20% open space requirement to include private yards. The required open space for this PUD is 25.83 acres. A total 32 . 51 acres is being provided above the Ordinary Highwater Mark (OHW) . In reviewing the PUD and the proposed open space the City Council should consider the amenities being created and whether they are beneficial to the public or not. The protecting of natural features, preserving open spaces and 3 providing a quality environment are the means to be used by a developer to negotiate with for the PUD approval. 5. Section 11.40, Planned Unit Development (PUD) , Subd. 2 , states that PUD lots must be a minimum of 1/2 acre in size and have two septic sites identified. Two septic system sites have been identified on the Preliminary Development Plan. In addition, this portion of the City Code requires that a minimum of 70% of the lots be adjacent to open space, and lots not adjacent to open space must be a minimum of one acre in size. The proposed development meets these requirements. 6. If the City were to approve the two access easements across the residential lots, approval from the Minnesota Department of Natural Resources (DNR) will be required in order to construct two bridges to the islands because this work would be performed on wetlands that are under the jurisdiction of the Army Corps of Engineers. The applicant has submitted a Permit Application to Work in Protected Waters or Wetlands to the DNR. The applicant had originally proposed to raise the land for the access drives above the ordinary high water mark (OHW) of 945. 2 feet. However, the DNR would not issue a permit to fill in these areas. 7 . The developer will be required to dedicate drainage and utility easements for each of the lots. Ten foot wide easements will be required along the sides of the lots that are located along the perimeter of the plat, and the sides of the lot which abut a street. Five foot wide utility easements will be required along all other lot lines. Drainage and utility easements will also need to be dedicated in order to provide utilities to Lots 15 and 16 of Block 6, and Lots 6 and Lots 6 and 7 of Block 7 . These lots are proposed to be platted on the two islands. 8. The Building Official has commented that the individual lots must comply with the current Individual Sewage Treatment System Ordinance. The applicant should contact the Building Official for additional information regarding this requirement. The applicant has submitted a Soils Report with an analysis by a soils engineer as to the acceptability of these soils to withstand septic systems. As of the writing of this staff report, this information was being reviewed by both the City Engineer and the Building Official. 9. On March 19, 1993 , Planning staff received a memo from Engineering staff regarding wetland issues related to the proposed plat. It stated that upon reviewing the available information pertaining to the Wetlands Conservation Act of 1991, they had a number of comments. Staff informed the applicant that when they have provided all of the submission requirements, staff will once again review the application. 4 The applicant has taken several steps in the site planning process to protect existing wetlands. Please refer to the preliminary development plan for locations of wetlands in conjunction with streets and lots. Approval of the Preliminary PUD could be contingent upon meeting the requirements of the Wetlands Conservation Act of 1991. 10. The City Engineer has commented that the applicant must submit verification that the DNR has approved of the following: A. The Wetlands Mitigation Plan; B. The dredging of the lake; and C. Allowing the development of the "island / peninsulas" . 11. The applicant has submitted a Storm Drainage Report and an Erosion Control Plan to the City Engineer for his review. This information is still being reviewed by staff. 12 . The County Engineer has provided several comments regarding the proposed PUD. He is recommending the following items: A. 50 foot right-of-way dedication along CSAH 14 ; B. Intersections must conform with the Scott County spacing guidelines. The proposed location for the Vista Ridge intersection is only 260' east of the CR 79 intersection. This does not meet the guidelines and would result in an off-set intersection; C. No direct access from lots to CSAH 14 will be permitted; D. No trees or monuments will be permitted within the right- of-way; E. No raising of water levels within the right-of-way will be permitted; and F. Accesses from County Roads require an approved County Entrance Permit. ALTERNATIVES: 1. Approve the preliminary development plan for Westridge Bay Estates II, subject to conditions. 2 . Modify the recommended conditions and approve the preliminary development plan. 3 . Deny the preliminary development plan. 4 . Table the decision for further information from the applicant and/or staff. 5 PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the preliminary development plan for Westridge Bay Estates II (Alternative No. 1) , subject to the following conditions: 1. A variance to Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-say is approved for the four lots on the two islands (Lots 15 and 16 of Block 6 and Lots 6 and 7 of Block 7) . Private streets in Outlots maintained by a Homeowners Association will be required. The private streets must be constructed to meet City Code requirements. 2 . A variance to Section 12 . 07 , Subd. 1.B(f) is approved allowing Peninsula Point Road to be constructed as a cul-de-sac street up to 3 , 200 feet in length. 3 . A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. 4 . A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. 5. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. 6. A variance to Section 11. 35, Subd. 7 .B is approved to allow an impervious surface to be constructed less than fifty feet from the ordinary high water mark for the two private streets providing access to the two islands only. 7 . The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 8 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval: a. The Wetlands Mitigation Plan b. Dredging activities in O'Dowd Lake. c. Bridges providing access to the two islands. d. Residential development on the two islands. 6 9 . The applicant must obtain City of Shakopee approval for compliance with the 1991 Wetlands Conservation Act prior to approval of the preliminary plat. 10. An Emergency Access Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. Either a hydrant system or an emergency lake access for water trucks must be provided in this plan for fire services. The gravel should er width must also be addressed. 11. A Phasing Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. 12 . A Common Water Distribution Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 13 . The number of single family residential lots is limited to a maximum of 62 . 14 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 15. The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 16. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 17 . A Sewer Treatment Plan which contains a soils report with analysis by a qualified septic system designer must be approved by the Planning Commission prior to or concurrent with the final development plan. 18. The preliminary Grading and Drainage Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 19 . The Erosion Control Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 20. The Stormwater Management Plan including the stormwater calculations must be approved by the City Engineer prior to or concurrent with the final development plan. 7 21. Approval of the preliminary development plan is contingent on the successful re-design of the CR 79 interchange with CR 14 and the proposed Vista Ridge Drive. 22 . 50 foot right-of-way dedication along CSAH 14 . 23 . No direct access from lots to CSAH 14 will be permitted. 24 . No trees or monuments will be permitted within the right-of- way of CSAH 14 . 25. No raising of water levels within the right-of-way of CSAH 14 will be permitted. 26. Access from a County Road requires an approved County Entrance Permit. STAFF RECOMMENDATION: Staff would recommend that condition 8 be amended to incorporate the following: 8.e. Boat Docks. The resolution has been revised to include this amendment. ACTION REQUESTED: Offer Resolution No. 3797, a Resolution Approving the Preliminary Development Plan for Westridge Bay Estates II (Alternative No. 1) , and move its adoption. 8 RESOLUTION NO. 3797 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR WESTRIDGE BAY ESTATES II. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Westridge Bay Estates II on May 6, 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Development Plan of Westridge Bay Estates II , described on Attachment A attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. A variance to Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-say is approved for the four lots on the two islands (Lots 15 and 16 of Block 6 and Lots 6 and 7 of Block 7) . Private streets in Outlots maintained by a Homeowners Association will be required. The private streets must be constructed to meet City Code requirements. 2 . A variance to Section 12 . 07, Subd. 1.B(f) is approved allowing Peninsula Point Road to be constructed as a cul-de- sac street up to 3 , 200 feet in length. 3 . A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. 4 . A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. 5. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. 6. A variance to Section 11. 35, Subd. 7 .B is approved to allow an impervious surface to be constructed less than fifty feet from the ordinary high water mark for the two private streets providing access to the two islands only. 7 . The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 8. The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval: a. The Wetlands Mitigation Plan b. Dredging activities in O'Dowd Lake. c. Bridges providing access to the two islands. d. Residential development on the two islands. e. Boat docks. 9 . The applicant must obtain City of Shakopee approval for compliance with the 1991 Wetlands Conservation Act prior to approval of the preliminary plat. 10. An Emergency Access Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. Either a hydrant system or an emergency lake access for water trucks must be provided in this plan for fire services. The gravel should er width must also be addressed. 11. A Phasing Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. 12 . A Common Water Distribution Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water- system can only serve properties within the PUD. 13 . The number of single family residential lots is limited to a maximum of 62 . 14 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 15. The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 16. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 17 . A Sewer Treatment Plan which contains a soils report with analysis by a qualified septic system designer must be approved by the Planning Commission prior to or concurrent with the final development plan. 18. The preliminary Grading and Drainage Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 19 . The Erosion Control Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 20. The Stormwater Management Plan including the stormwater calculations must be approved by the City Engineer prior to or concurrent with the final development plan. 21. Approval of the preliminary development plan is contingent on the successful re-design of the CR 79 interchange with CR 14 and the proposed Vista Ridge Drive. 22 . 50 foot right-of-way dedication along CSAR 14 . 23 . No direct access from lots to CSAH 14 will be permitted. 24 . No trees or monuments will be permitted within the right-of- way of CSAH 14 . 25. No raising of water levels within the right-of-way of CSAH 14 will be permitted. 26. Access from a County Road requires an approved County Entrance Permit. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Preliminary Development Plan and Development Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ATTACH LENT A The East Half of the Southwest Quarter and the Southwest Quarter of the Southwest Quarter and Government Lot 3, all in Section 30, Township 115, Range 22, Scott County, Minnesota. - AND - That part of Government Lot 4, Section 30, Township 115, Range 22, Scott County, Minnesota, lying South of the North 846.85 feet and lying West of the East 476.61 feet. Together with that part of the Southeast Quarter of said Section 30, described as beginning at the Southwest corner of said Southeast Quarter; thence east, along the south line thereof a distance of 66.06 feet; thence North 0 degrees 58 minutes 14 seconds East, parallel to the west line of said Southeast Quarter, a distance of 2012. 10 feet; thence North 45 degrees 58 minutes 14 seconds East a distance of 549.30 feet to the south line of the North 261 feet of said Southeast Quarter; thence south 89 degrees 47 minutes 20 seconds east, along said South line a distance of 393.90 feet to the west line of the east 1803.26 feet of said Southeast Quarter; thence North 1 degree 23 minutes 16 seconds east along said west line, a distance of 261.04 feet to the north line of said Southeast Quarter, thence north 89 degrees 47 minutes 20 seconds west along said north line, a distance of 850.26 feet to the northwest corner of said Southeast Quarter; thence south 0 degrees 58 minutes 14 seconds west, along the west line of said Southeast Quarter, a distance of 2656.61 feet to the point of beginning. EXHIBIT A -- --. • . „ .....r:..A.....,7•• r. -...--.••••••C. --•••••-•--7-•• •• •• 7".111 • •Z•.; . ; e• 1 • til ;1 '.. ....... • it ' —Y.--.,----za. . .„.. ..--, ......__.......... . ..t 3 7 i , ... :t." ' / •-- 1 ' ' ... ' ',..1 .. ;-..! • ,......4- -.=4. 1 i • ' ,r- 0 i..--.--- t . 4 ''''-• 1 ...M.Li--.."..2--t C't . ; J.... . L_____ I . -y,- .,...:,, . c._.% g•t: 77 1.--::"---t------ ,.._,__.,-,-,:!_...... . . .......------- _______T____ 5 1 1 -...il I • I rzi . • V' i ! .. I 1 ,----! -.: , 1 -:, • . , 1 , 1 •— .11 I ; t I-- - • . 0 __ -- ------- . . . . 4S 11 . l• , .\ • s 1 .it \ . 11111r111111111111111 "151+5 1R A. " A 001I• . 4 ./"" ' 1 ..... I l'i / .. 1 ' i lutva .- -1,..-----: --1 , II it ) i 1 . i..07712477 .‘"--- . -1----. •-:.- rer ,..., ,) t-. / \ \ \ , . ii, 1...- ---. 1 Cr.; . \ i ......Jg...37:-.....• I ,\t-. 1 --!-------s g ! • % ; ,4%,,... • /I (Th N7-----‘,........_—_____.—.---- ......... •....... ‘.......... i ,,a i ,•••• . \1 . • 40C. ---------17. —-\--..Z...- It . ,_4 A , 1 . .. e•- • ti.t„,,-- 7‘L ;25 L AG AGRICULTURE _ , m!.ix*'iiiiii::ii:iN.a:i*.§:'":::"•:„'•:', , ..:'::'".'.. ..,, R1 RURAL RESIDENTIAL .. ... .: . ' y -. •• >miisigi;ii:i::?...igi-:::...%iiiivftKiime L._ . , , . 1 1 11E4, • .-• ...-.;.•. ".:.:- ..-Z;g77--:.7. R2 URBAN RESIDENTIAL . i ,------ .F )1 .-- . ..:,•;:: .,.., 1 ., • ---L--•••••• R3 MID—DENSITY RES. R4 MULTI FAMILY RES. -•--.---Th.- ....00;yr.,--",?...::::::: :,,r-..:.::1 1 \ -:.:::eimi--4.01.0 ',Ai 1 i `, • SUBJECT STTE > Ai.,::2;I::::::i.gt,m.. ...40.4:§. 1 \ -- • B 1 HIGHWAY BUSINESS .y A• .," .1111 c .,- t. B2 COMMUNITY BUSINESS , ._...... .:„:„..„„,„„....:.:.::...,„,:„:„„„„,:::,,:,,................:•„: , _____ Sc. : .......,-..._ B3 CENTRAL BUSINESS /... -- ... , ..- 1 1,. .:, c-,-i - . .---.. j. ,,. I "' I - - • 4.• . II LIGHT INDUSTRIAL •'',.----,...n..” :. 4 • 1 :-"-}1(474-:.::„..---: 7irr- - 1,_.4'4,i • i 1 - 12 HEAVY INDUSTRIAL ,..-.• 4 i..." ;. 1'• : 4 , . -...' ...---... S SHORELAND \ 1 •• \ i .: ,-/-\ \ - 3. • 747::"Ki FLOODPLAIN DISTRICT 1 F----A-T- 1 ! t — . .. i , ........ , /71 :. s/ r --- MANDATORY PUD L. 0 ------0-1 --:7-'-'4:::: -.44—.;- 0 -----• 1 1 -------- S ' RTD RACETRACK DISTRICT ‘..) ' _.,,....... • . • t .--“a•-••• - .7..r=14.• • . • -..- "---—-.---- .' -• ••-=• •••• Zoning Map ......• --- -- . City ' of SHAKOPEE .__. . -.--,--- _ . EXHIBIT B April 27 , 1993 Mr. Lindberg Ekola City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Ekola: The following items are in response to the staff comments as of April 13 , 1993 . The applicant hereby requests the following variances : 1 . A variance to Sectioa�lous roadwayrsurfaceglesstthan, 50 Subdivision 7 .B. to allow _mp feet from O.H.W. for private drive and Peninsula Point Road. A variance to Section 11.35, Shorelandd ZoningzDiste rict, 2 . ' Subdivision 6, lot size 2 1/2 Acres minimum. mum of 1 Acre is being requested in acordance epwith .paragraph 2 and 3, of Section 11 .40 .c . Planned Unit 3 . A variance to Section 11 .35 Shoreland Zoning District, Subdivision 6, Building Setback from O.H.W. from 100 feet as allowed in Recreation Development sateratond 7516, feet as6aandllowedoin General Development Waters for Lot 6 and 7 , Block 7 . 4 . A variance to Section 11 .03 , aupablic2on roadrforance, Lots 15 Subdivision 3 to allow no and 16, Block 6, and Lots 6 and 7, Block 7 . ) , 5 . A variance to Secnio�e�?ested(Design constructrascul-de-sac Subdivision 1 . 13 (f) is being ';ening at the Northern edge of of over 3100 feet in length, beg_ Westridge Drive, going East on Vista Ridge Lane, and to the Northern end of Peninsula Point Road. 6 . A variance to Section 11 .35, Shoreland zoning Width District, Subdivision 6, Lot Width 200 feet, permit feet in accordance with .Paragraph J.1 of Subdivision 3 of Section 11 .40 Planned Unit Developme n . The applicant hereby requests an exception to the Subdivision Ordinance, Section 1201, Subdivision 3 concerning a parcel split of the Chessen property. The applicant does not own t the property to the East . The reasonittewWestern ernuparthof the hes no Chesser parcel was included ipart of the other way to access the parcethe VistaaRidge Lane eliminatingsthe n parcel will have access from from Vista Ridge need for access over adrl4re 66 foot wide parcel Lane to Count_ The applicant understans that the surveymtoeinclude Wet1a?d density cannot exceed 20% . An accurate Deliniation is being conducted on theo n site. Theminary n�erpof lots will be adjusted to conform prior On April 13 , 1993 the aPP?- caatheeOCHeWseas originally met with the D.N.R. and agreed not to fill below requested. (See the enclosed letter. ) (Also enclosed is a copy of the letter to the Corps of Engineers . ) nt felt that Although it is extremely expensive the applicant lt" was the only way it could comply with the Wetland Requ to undertake a complete field to to iude nclute deliniation road anon d staking of Wetlands and Shoreline Peninsula Point . In discussions with Dave Hutton on April 20, 1993 , he stated that the requirement for a Wetlands deliniationd thenlPlantlan couldd meet be a condition of approval of the P.U.D. with Jeff Swenson and the Technical Evaluation Panel at the appropriate time. The applicant developed the adjacent Westridge Bay Estates . Gary Stauber, a septic analyst did the tseptiscojc nalysis on that site and will perform the analys s onA Soils Map has been submitted by McCombs Frank Roos (M.F.R. ) and a Soils Report will be compiled prior to final P .U.D. approval . The Grading Plan, Storm Drainage Report, and Erosion Control Plan prepared by M.F.R. are attached hereto. The applicant met with the County Engineer on April 19 , 1993 and is working out a mutually acceptable road alignment . _11 ts The 8 docks accessed by OTre°26dwill be for docks adjacentoto Outlot F Block 5 , and 'Lot 1, Block 2 , and 3 . will be for Lot 1, Block 5that p1L'.l Dsts in approBalcforlthe docks is The applicant understands subject to D.N.R. approval . Sincerely, Darrel E. Gonyea WESTRIDGE BAY COMP April 27 , 1993 Mr. Pat Lynch Minnesota Department of Natural Resources Division. of Waters 1200 Warner Road 106 St . Paul, MN Dear Mr. Lynch. In response to our meeting on Westridge Bay II on April 13 , our office, I hereby amend my request for the above 1993 at Y referenced permit . I hereby withdraw my request to fill the two areas that are below the O.H.W. of 945 .2 . I request that I be allowed to bridge nced themtttwo aareas as soshown n. on the map exhibit in the above re e The explanation of the project is attached hereto . As we discussed at the meeting, this action will eliminate a "Wetlands Mitigation Plan" , as there will be no need for_ a filling of wetlands . Yours truly, WESTRIDGE BAY COMPANY Darrel E . Gonyea President enclosure • BRIDGE PROPOSAL i have included the specifications andoughd costs oonm the be ridges s for the project . The bridges must allow truck to access the building. This proposal is from Wheeler Consolidated, Inc. andns willbI am getting other bids . In any event, the brsigned by an engineer and approved by the City. At this time, I am asking for approval to bridge the two Wetlands by this method. • • • April 20, 1993 • Mr. Gary Elftmann Army Corps of Engineers St . Paul District Regulatory Board 180 Kellog Blvd. Room 1421 St . Paul, MN 55101-1479 RE: Westridge II • Dear Mr. Elftmann: i enjoyed having theopport nit0,to9discuss my plat of Westridge II with you today, y, April I informed you at that time that I was amending my .application to the D.N.R. to u�o?eate the filling of land of constructing drivewayslto the O.H.W. of 945 .2 for the p Lots 15 and 16, Block 6 and Lots 6 and 7, Block 7 . I understand I will not need a permit from eteand or Corps of Engineers for my plat, as I am not filling any depositing any material dredged from the lake in an area where it could affect a wetland. Thank you for taking the opportunity to review my plat . 1 Yours truly, WESTRIDGE BAY C OMPANY C - Darrel E. Gonyea President • TYPICAL LOT • I rc i til iOUTLOT ;_ 2 F. -e.5,-/e_ 2 o Z •1. ------ ..-- —•—.. _ t__ o t~ 0.3 .7 • ( '.. . ;''' • - .- •i..:..::•..:$F.•-='..• ,::••...,: :1 ::: . Cli 713 a ....E yt Lai �'' ' . . 'c `.,3 e a- �� 1• ' vl y 0) Ni • - . :: 5 -g k cl - ,.17:: • V.:?; ` i. .•1••/112•:s-s':::'r .. ... :•s:. �\ •.s.. .. ..s. Nos''.'r' x :•K .. F� 1 tr cr-r••rf.:•s:.•13. s i h I. OUTIOT 8 , r '" .` li ff• ///, N I , _ . // / . .. . , — I 1.xj 15s= �I • :rt • :_, • \ -� fro • . . /;7'}�PEhC li I ; r..,u. 0 9 • e% cc LItiU9H : la` .________ pE5tRI0GE °a .•... _—= °`�"M I . ....; V r4 . - • TH 4 I t i I. NCR ._i • J 1-1 m) 3•z2 - Gt • /DC4 MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Preliminary Plat Stonebrooke 2nd Addition DATE: May 7, 1993 INTRODUCTION: At their May 6, 1993 , meeting, the Shakopee Planning Commission recommended approval of the application for preliminary plat approval for Stonebrooke 2nd Addition, subject to 13 conditions. BACKGROUND: The site is located in the southeast corner of the intersection of CR 78 and CR 79, and adjacent to O'Dowd Lake. The northerly portion of the area is zoned Rural Residential (R-1) and the southerly portion is zoned Shoreland District (S) . The Stonebrooke PUD is located outside of the Urban Service Area. (See Exhibit A. ) On April 20, 1993 , the City Council approved two of three requested amendments to the Stonebrooke Planned Unit Development (PUD) , including a 36 stall parking lot expansion and changing Outlot A to two single family lots. The Planning Commission continued the public hearing regarding a request for the relocation of twinhomes pending additional information. The applicant has excluded the proposed twin home relocation from this application for preliminary plat approval. The preliminary plat for the 2nd Addition is intended to provide further guidance on the final platting of the 2nd phase. The area shown on the preliminary plat covers the northwest portion of the overall Stonebrooke PUD. Exhibit B is a cover letter from the applicant describing the proposed preliminary plat. Exhibit C is a copy of the final plat from the 1st Addition for reference purposes. As shown on the preliminary plat, twenty-one (21) lots in four (4) blocks are proposed in the Stonebrooke 2nd Addition. (See Exhibit D. ) Thirteen (13) single family residential lots have been proposed along Cambridge Way. Along Fairhaven Drive, a total of four (4) single family lots and two (2) twinhome lots have been proposed. The two twinhome lots along Fairhaven Drive (Lots 1 and 2 , Block 9) are in conformance with the approved PUD. CONSIDERATIONS: 1. A variance to the cul-de-sac street length limit (1, 000 feet in the rural service area) was approved by the City Council in the 1993 PUD amendment process. The applicant received approval to construct Fairhaven Drive 800 feet east of CR 79 and Cambridge Way (1, 800 feet) . Fairhaven Drive will connect with Lakeview Drive in future phases as shown on the approved Phasing Plan. Cambridge Way will be a permanent cul-de-sac street. 2 . The Stonebrooke PUD has a common private water system. A condition has been recommended requiring that the water system comply with the Shakopee Public Utilities Commission requirements and serve only properties within the PUD. 3 . Separate easements must be recorded for all off-site sewer areas as approved in the PUD process. There appears to be an overlap of sewer easements near Outlot A and the golf course clubhouse. A condition has been recommended requiring that documentation verifying the location of sewer easements be provided prior to the recording of the final plat. 4 . Construction plans have been submitted but are not approved at this time. 5. A revised grading, drainage and erosion control plan has been submitted with the construction plans. The applicant is also applying for a separate grading permit for working in the future Abby Street right-of-way in order to balance the cut and fill between Abby Point and Cambridge Way. City staff is reviewing the construction plans for both the subdivision plat approval of the 2nd Addition and the grading permit for work in the Abby Point area. The general grading work for Abby Point can be done without affecting the decision on the twinhome relocation amendment since the alignment is not being significantly changed. A condition has been recommended requiring approval of the grading and erosion control plan prior to preliminary plat approval by the City Council. 6. A stormwater management plan must be submitted and approved by the City Engineer. 7 . Since the preliminary plat for the Stonebrooke PUD was approved after June 1, 1986, this project is exempt from the Wetlands Conservation Act of 1991. The Minnesota Department of Natural Resources (DNR) 'has reviewed the proposed plat. The DNR has indicated that they have no objections to the proposed amendments. 8 . The preliminary plat proposed a five foot strip of land between the exception parcel along CR 79 (owned by Dallas Plekkenpol) and Lot 1, Block 10 and Lot 13, Block 8 . If the lots were platted as shown, the lot widths for these two lots would measure only five feet and not meet the Zoning Ordinance requirements. The Planning Commission has recommended a condition requiring that these 5 foot wide strips of land be platted as outlots with one 60 foot wide outlot for future street access to the exception parcel. 9 . Mr. Kent Harbison, representing Bert and Bonnie Notermann, submitted photographs of the area where the 36 staff parking lot is proposed to occur. The photographs are provided as Exhibit E. The photographs show the area where earth fill has been removed. The photographs also show the storage of landscape materials and construction equipment in this area. Mr. Harbison has expressed concerns that the parking lot construction began before being approved. The applicant's response to this concern is noted on the second page of Exhibit B. 10. The park dedication requirements for the 1st Addition were $250. 00 for a single family residential lots and $400. 00 for twinhome lots. The park dedication fees have been deferred to the time of Building Permit for each lot. Of the 36 lots in the 1st Addition park dedication fees have been paid for 18 lots. Since the establishment of the park dedication fees for the 1st Addition, the park dedication requirements have been amended in the subdivision regulations from a per lot fee method to a fair market value method. Since the 2nd Addition is replatting outlots from the 1st Addition, a new park dedication requirement must be established. Staff has calculated the park dedication fee using recently submitted information. The resulting park dedication fees are extremely low (from $73/lot to $138/lot) . Over the past two years, the average park dedication fee has ranged form $350 to $550 per single family residential lot. Based on the low calculations, staff would recommend hiring an appraiser to perform an appraisal for the parcels in the second and third phases. Staff estimates that the total park dedication fee for the 2nd Addition as calculated is $4, 500 low. The appraisal would cost approximately $1, 000 and would be funded by the Park Reserve Fund. The applicant has requested in his cover letter a deferment of the park dedication fees to the time of Building Permit. Condition 2 . E. recommends the deferred park dedication fee. PLANNING COMMISSION RECOMMENDATION: The Planning Commission is recommending approval of the preliminary plat for Stonebrooke 2nd Addition subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . A variance to the subdivision regulations allowing an over- length cul-de-sac street (Fairhaven Drive/Cambridge Way, 1, 800 feet) is granted until Fairhaven Drive is constructed to Wood Duck Trail. 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. Separate easements shall be provided for all off-site septic systems prior to the recording of the final plat. 6. The grading and erosion control plan for Phase II must be approved by the City Engineer prior to the preliminary plat approval by the City Council. 7 . Prior to the approval of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 8 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 9 . A stormwater management plan for the 2nd Addition must be approved by the City Engineer prior to the final plat approval by the City Council. 10. The final plat shall show the five foot strips of land between Fairhaven Drive and Cambridge Way as outlots with one 60 foot wide outlot for future street access. 11. The final plat must show all required drainage and utility easements. 12 . The final plat must revise the block numbering sequence starting with Block 1. 13 . The annual septic system inspection process, financial guarantees, and the reporting system must be established and in operation prior to July 1, 1993 . STAFF RECOMMENDATION: Staff has received additional comments from the DNR since the May Planning Commission meeting. Based on the DNR's comments, staff would recommend the following conditions be added as a part of the approval of the preliminary plat (the attached resolution has been revised to include these conditions) : 14 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the plat. 15. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the final plat. ACTION REQUESTED: 1. Offer Resolution No. 3796, a Resolution Approving the Preliminary Plat of Stonebrooke 2nd Addition, and move its adoption. 2 . Direct staff to hire an appraiser at a fee not to exceed $1, 000 to perform an appraisal of the parcels in the second and third phases in the Stonebrooke PUD. RESOLUTION NO. 3796 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT OF STONEBROOKE 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Stonebrooke 2nd Addition on May 6, 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat of Stonebrooke 2nd Addition, described as: Outlot A, Outlot C, Outlot E, and Outlot F, Stonebrooke 1st Addition is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . A variance to the subdivision regulations allowing an over- length cul-de-sac street (Fairhaven Drive/Cambridge Way, 1, 800 feet) is granted until Fairhaven Drive is constructed to Wood Duck Trail . 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. Separate easements shall be provided for all off-site septic systems prior to the recording of the final plat. 6. The grading and erosion control plan for Phase II must be approved by the City Engineer prior to the preliminary plat approval by the City Council. 7 . Prior to the approval of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 8 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 9. A stormwater management plan for the 2nd Addition must be approved by the City Engineer prior to the final plat approval by the City Council. 10. The final plat submittal shall show the five foot strips of land between Fairhaven Drive and Cambridge Way as an outlot, and one 60 foot wide roadway access shall be permitted upon one side of this outlot. 11. The final plat must show all required drainage and utility easements. 12 . The final plat must revise the block numbering sequence starting with Block 1. 13 . The annual septic system inspection process, financial guarantees, and the reporting system must be established and in operation prior to July 1, 1993 . 14 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the plat. 15. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the final plat. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney EXHIBIT A - ...., H I i - .1 .. . ___ Iik .._______________,CAI i ci ....._ 01 �r 1 Riai` ` = I - 13 ! `Vi -. iF.. *q i. j` �• 124TM ST r A. S I 1 E/ f ' i CC Pc"; 77 ' I a : C's 1---- __ K-•,::::::::„...:..„.,:„,,,,,,,,,,,, Ii • . . . ....cam .r ,p �yyi>ny- t ,({t rR , i ' F3CiS' � iJ ! c H' ..,, ,....--7,-7...-_.S.,. I L.-- i —� - ' I < ` i I i 1 co Fzo 42 : • /�t .. .: AC!..-i‘ • I ( - AG AGRICULTURE _ %' -- r " s 1 ?: 4 ` , . • •- R1 RURAL RESIDENTIAL .. r" _ lI'� R2 URBAN RESIDENTIAL — !..1 �—_ �1_ � --- = R3 MID—DENSITY RES. ;— • E j R4 MULTI FAMILY RES. `•. Eq�%. is �. B 1 HIGHWAY BUSINESS 1 • - --�. —!- B2 COMMUNITY BUSINESS .�, j S—^-- r B3 CENTRAL BUSINESS i 1 LIGHT INDUSTRIAL ' ' �:.. .! f — — 12 HEAVY INDUSTRIAL r • • f I i , S SHORELAND I `_'. ,'' `�� –___—�.. _– `-- - FLOODPLAIN DISTRIC i 1, t —•—•• MANDATORY PUD j ti`-�=�_, ....�, __ - — �� RTD RACETRACK DISTRICTt — 1 __ _ —= -.y. — - -_ _ .__. - Zoning Map • City' of SHAKOPE_E EXHIBIT B The Laurent Building LAURENT Corporate Office 128 South Fuller Street, Shakopee, MN 55379g u I L D E R 5,A1 N c. (612) 445-6745 ' 1 { MEMORANDUM TO: LINDBERG EKOLA CITY PLANNER CITY OF SHAKOPEE FROM: GARY LAURENT Clif DATE: APRIL 28, 1993 RE: STONEBROOKE SECOND ADDITION PRELIMINARY PLAT You will note that our submittal for the above referenced project is depicting some of the transition between what is shown on the PUD and what will be shown on the final plat. The final plat of the Second Addition involves only Outlots A, C and E as created by the plat of Stonebrooke First Addition. As such, our preliminary plat exhibit is focusing on these areas and the areas nearby to show how they fit into the PUD plan. The final plat will show only the areas of the Outlots A, C and E of Stonebrooke First Addition and will not show any contiguous area or underlying contours, boulevards or land uses; as is customary for a final plat. Also, the final plat should depict the block numbers as starting with number "1" . Reviewing our Second Addition Preliminary Plat will be made easier by referencing Stonebrooke's First Addition final plat. Because of our needs to meet certain timelines and the fact that the PUD Amendment request regarding density transfer is yet to be determined, we have deleted the Abbey Point Street and County Road 78 lots from the preliminary plat. We have also shown Lot 3 of Block 9 as a single family lot with enough combined easement and lot area to serve as a "Twinhome" lot, should the density transfer PUD amendment request be granted. It will be necessary, however, to grade a major portion of Abbey Point concurrent with the grading of Cambridge Way in order to achieve material balances. We believe this could be done through a grading permit for these areas outside the final plat of the Second Addition. BUILDERS • DEVELOPERS The question has been raised as to whether work has begun on the addition to the parking lot by the club house. To date, no work has begun on this construction. In order to construct a parking lot the subsoil needs to be brought to grade, aggregate base needs to be put in place and, finally, a bituminous mat will be installed. To date, none of these things have been done. In that Stonebrooke has been, and in a sense still is, under construction, the area of the proposed parking lot addition has served in some capacity as a construction staging area. Various material such as crushed aggregate, sand, black dirt, etc. have been delivered to the area and subsequently hauled in place to other areas of the project. These activities in no way are the start of work on the parking lot addition. I hope this information is helpful in your review of the preliminary plat. EXHIBIT C ,c•1 4 0 \ ••• , 1 t• :3 ••• ' 1 C\J •MN.s.•••• •M 0.0"IPA.- I • 11::it..‘• l...44)14A.--a • iv,'1•, •_ • ''''.......,...• • 1;1: .M• il...... I CE.. •',MI P....••••••••i.......•••••••• I I - ;I. • . •• -.,. •S •-7 ••• 14t .••••. 111... et ii.i : kt,• ...P.....tt .- L ••• cs ' 11 Ai it ..* • 8 \ ..78;T:i173' " .. 8 s 1-• C-'. ‘ .. . kr: • • 3 e • i 0 • LI : N i:-:1% ..I C... • le 3NY1 ..,. . I a moo.o 1.-- s... -1. ..,7 : 2 0 -. _ ,,,,,$ •- , 0 lii."' •;" •••. '4:6h, ' ._ ..:'') .1'..„,•?... \II,- .M.7.-MqEMI . Z 61o 2 iollno 4. : CI 3 • C IA . '• ..4* i&L )•• . 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' J. •••:`: 1 ::tii I Z P:, . •!` . -117;1141. -•-:;‘, - •' '• - s'a•3 ,- .....3.7.i: , • 7:;3"''' ' . ... - N - ••-....• in.44.44.4-4, 7.444•44,`: .4.. .:: (r) Itio7..'•°de'. Ii / :r -•• - ..i. ar,_ 4 - --- -4-13 Lt I I .., .. 0 i. . :4 100-;! F. CC -- • ------ •.• : : • er t" t I. -1Asts.a•I ..1' 3'. Z." ‘...4 3: • • Li' 40 0 r: .3.. u$N) tme. . i,..t• •44, 3. -VI hOlyno _ te -I '; ' I 143 limo A" • • .I •-: •. .... 3 tr. . . f.i.: • 1 4•-•.• ' A 4, ale •'" ' ----._-- 'ON : °YOU .1.1.N110D2•••••:' ..-- r•-..111:`:••. I ..: ...__ V :!'•-i_ .-1..; - --- -----_ .. ___ __._,••••_Li____ __...__._ 1.6,"5.1. ;;{47T 4.4s,4••••••••••••• EXHIBIT E PHOTOGRAPHS OF S TONEBROOKE GOLF COURS E PROPOSED PARKING LOT EXPANS ION Provided to the Planning Commission at their May 6, 1993 Meeting Photographs taken by Bert and Bonnie Notermann on April 1, and April 6, 1993 Provided by Kent G. Harbison of Fredrikson & Byron, P.A. =1 4 :r /L, '" 1 ,n ff .l 1A t / / 1 \ \ �� ! m•` I ..i... � w4C. ,. 1 of 2 2 PHOTOGRAPHS OF S T ONEBRO OKE GOLF COURSE PROPOSED PARKING LOT EXPANS ION Provided to the Planning Commission at their May 6, 1993, Meeting Photographs taken by Bert and Bonnie Notermann on April 1, and April 6, 1993 Provided by Kent G. Harbison of Fredrikson & Byron, P.A. • •..... . .•%• - 2 of 2 f'0• $ t fr F o ^ i°• n voL w -� w : . i; :o¢ m 04 O<N O 4 Wqb <Yrl < rl SS C D '0 '� �n 1 X �y,Y .4' 1^b `�' 6 S n�O N .x~,03 to ^ • mN•,'A < inn z �Yn 91 //��//_� Z ,,z 11. z,. t •.. < � W hal z 3wx5,z 1rg 6 y W rr E_ 4 ,- o , (� ] o E°1 °^, 3v1 S� ^z`o a � o o <'^w <7w ; �. �? 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Va. • r OS 1 .?.‘,..0 I ) Xi')i..1,. 9 r I \ ta. \' '..t...',1•\<,... .'.. ‘1. \ ,,••••••••••• •„ill, fr...72.\\ al___ . .....---/4• . ,,, ,.,... .i.- ----0. 3= a N \ /� �V ° .. r, i o r a � �11 f �� '1G/�t.';I'y�► I I •v: 1 ,1 nO tL �a+ I s>%. wYIO of �'Jj/ r tiR •, � •/ / ori'I.oid' �� •': IIII��3 21 ' 7f. •`:�(!'�i► 9;r,r`•' v• I CJI'i• 4 I I " Fo IUB •' 1�iij I \:•i_ rlih o o4iiir /,✓« � ;/I�L I �I24 i` I 1 e....I- I---"1 #ice; '�•�'�• y.�.'• ,C"y% " al ���-:.•,-I _�L I1 I Z r,. z>youJIa � a i 3 a o t{` • -- •\ . `) SI11pO sr.alv9o1 '\\ w Ro Ic z + a g \ z!� ,' I II,roue u : ; 'I• !^ .— 06ergW / vU \\� /,Off J I .. •__...Et sly Oki A(NFTD7 FROM FREDRIK'SON & BYRON /0 I100 internacional Centtc 900 Second 'Venue South Minneapolis. MN 53402-3397 0)12) 347.7000 FREDRIKSON & BYRON, P.A. FAx (612) 347-7077 Attorneys At Law Direct Dial No. (612) 347-7119 May 18, 1993 VIA TELEFAX Lindberg S. Ekola City Planner City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Stonebrooke Second Addition Preliminary Plat Dear Mr, Ekola: I just received in today's mail the agenda and supporting documents concerning the Stonebrooke proposal apparently to be considered by the Shakopee City Council at tonight's (May 18) meeting. Unfortunately, Mr. and Mrs. Notermann and I have o it st prevent us from attending the meeting. would, therefore, phrpc � gthisletter members of the City Council and to include it as apartofe record. We simply wish to reiterate on behalf of the Notermanns that we oppose the Stonebrooke proposal. Our opposition is based on the same concerns raised at the and Coy Cst o nci meent g of the City Planning Commission and at earlier Planning Commission s. We also believe that, at a minimum, the proposal to be considered ht should not beg>�� without mandating all of the conditions described in the Memorandum yourself. Finally, we offer one additional comment regarding the the expansion construction f of the parking expanded parking lot at Stonebrooke. We acknowledge � lnwe bene lieve it is important to consider the lot is not precisely germane to the pending proposal, ing apparent representations and assumptions made by Stonebrooke agents concerning ncePlannig the park s on, lot. In our view, which is supported by the photographs provided Stonebrooke representatives had not only concluded many weeks or f nt sauthorization thato hthat would permit the parking lot expansion but also parking project, at Stonebrooke began the excavation and expansion work necessary Way forere neip n early April, lot pr jct,depict least by March of this year. The photographs, which FROM FREDRIKSON & BYRON 5. 18. 1Q93 16: 97 P. 3 F REDR!KSON & BYRON, 1'A. AttOrricy, At Law Lindberg S. Ekola May 18, 1993 Page 2 excavation in a portion of the parking lot that we believe ultimately will be shown to be the precise location of the expansion, even though that expansion was not approved by the City until several weeks after the actual work began. We know that Stonebrooke representatives have recently informed City officials that the photographs do not show the parking lot expansion work, but their statements are extremely ambiguous, referring in general terms to some undefined "construction staging area." We believe that Stonebrooke should be required to identify precisely what this work is and how it relates to other construction projects. The Notermanns believe that there are at least two significant reasons for considering the parking lot expansion issue. First, the photographs demonstrate what the Notermanns have feared from the outset -- that is, that the representatives of Stonebrooke have apparently assumed that whatever they request from the City will be granted, regardless of the views of nearby property owners. Second, unless and until Stonebrooke officials are able to demonstrate without any qualification that the photographs do not depict excavation and related work leading to the expansion of the parking lot, we have good reason to doubt their representations. If these doubts are well-founded, they make us wonder about the accuracy of other representations made from Stonebrooke. We thank you again for giving us this opportunity to express the concerns of the Natermanns. Sincerely, Kent G. Harbison KGHAc133l163769 cc: Bert and Bonnie Notermann //a. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Logo DATE: May 12, 1993 INTRODUCTION: On May 4, 1993 the Shakopee City Council approved the tag line "Community Pride Since 1870" . It was suggested at that time that Council take another look at the actual logo. BACKGROUND: Earlier this year the Shakopee City Council selected to move ahead with the logo shown in attachment #1 . At our last meeting discussion ensued on the possibility of going back to one of the earlier presented logos which displayed a more simplified skyline . (See attachment #2) Staff would like City Council to finalize their decision regarding the City logo selection. ALTERNATIVES: 1 . Move to select the simplified city skyline for the new City logo (attachment #2) . 2 . Move to select the City logo with a more modern skyline and downtown bridge (attachment #1) . 3 . Move to select some other logo. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to select the City logo that exhibits a more simplified City skyline . Attachment #1 Cr) )1111.11d 1 ,+. jimi ----- mimmilmilmml.mmmmm.mmm.mmmmm. "" mmwmilm7 Attachment #2 CI) • COiSEI\fl 11.6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Pike Lake Road Oq " DATE: May 11, 1993 INTRODUCTION: Attached is Resolution No. 3801 which establishes a Municipal State Aid Route for Pike Lake Road. BACKGROUND: The City Council of Shakopee previously approved of adding Pike Lake Road to the Municipal State Aid System (MSAS) and staff has submitted a request to Mn/DOT to add this street to the system. The City of Prior Lake is also adding Pike Lake Road to the system. We has received preliminary approval from the District State Aid Engineer for adding this segment to the MSAS. The next step in the process is to adopt a resolution designating that this street be added to the MSAS. The resolution must be adopted by May 31, 1993. Attached is Resolution No. 3801 which adds Pike Lake Road from County Road 16 to the South Corporate Limits to the system. ALTERNATIVES: 1. Adopt Resolution No. 3801. 2. Deny Resolution No. 3801. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3801, A Resolution Establishing Municipal State Aid Highways for Pike Lake Road from County Road 16 to the South Corporate Limits and move its adoption. DEH/pmp MEM3801 RESOLUTION NO. 3801 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS FOR PIKE LAKE ROAD, FROM COUNTY ROAD 16 TO THE SOUTH CORPORATE LIMITS WHEREAS, it appears to the City Council of the City of Shakopee that Pike Lake Road hereinafter described should be designated a State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Shakopee that the road described as follows, to-wit: Pike Lake Road, from County Road 16 to the South Corporate Limits be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Shakopee, to be numbered and known as Municipal State Aid Street 166-116-010. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: PARK MOWER DATE: MAY 13, 1993 INTRODUCTION Bids have been opened and staff is requesting authorization to purchase a new rotary mower for the Parks Division. BACKGROUND The 1993 Public Works Budget contains $43 , 000 in the Capital Equipment Fund for a new rotary mower for the Parks Division. On April 6, 1993 , the City Council authorized the advertisement for bids for this equipment. On April 28, 1993 bids were received and publicly opened for he mower. A total of 2 bids were received and are summarized in Attachment No. 1. The low bidder was MTI Distribution for a Toro Groundmaster 455-D at a total price, including trade-in and tax of $35, 821. 28 . Staff has reviewed the specifications on both bids and find that they meet the specifications. On May 11, 1993 both suppliers delivered their mowers to the department for a 1-day demonstration and provided Public Works employees with a detailed review of the operations and maintenance of each mower. Based on the above analysis, staff recommends authorizing the award to the low bidder, MTI Distribution for a total cost of $35, 821. 28 . This mower will replace the current Hustler mower. ALTERNATIVES 1. Award the bid to the low bidder. 2 . Award the bid to the second bidder. 3 . Deny the request and reject all bids. RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Move to authorize the purchase of a Toro Groundmaster 455-D mower from MTI Distribution for a total cost of $35, 821. 28 . ATTACHMENT NO. 1 Rotary Mower Bid Tabulation Bidder Bid 1. MTI Distribution Total Bid Model : Toro Groundmaster 455-D (with trade in) - $27, 710. 00 Plus option 1 Snowblower - 3 , 250. 00 Plus option 2 Sweeper - 2 , 675. 00 Subtotal $33 , 635 . 00 Tax (6 1/2) 2 , 186. 28 Total Price $35, 821. 28 2 . North Star Turf Total Bid Model: Jacobsen HR-5111 (with trade in) - $30, 711. 00 Plus option 1 - 3 , 450 . 00 Plus option 2 - 2 , 995. 00 Subtotal $37,156.00 Tax (6 1/2) 2 , 571. 14 Total Price $39, 571. 14 Ind CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (5/14/93) for the 1993 budget. Attached is a print out showing the budget status as of 05/13/93 for 1993 based on data entered as of that date. Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. The employee(s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Barry Stock $3 . 69 Included in the bill list is payment to MDOT for the drainage work at the bypass and CR 83 & 17 intersections in the amount of $610, 442 . 39 in accordance with the agreement signed by city officials in March. CITY OF SHAKOPEE -cb'f/9'.3 EXPENSES BY DEPARTMENT CURRENT • YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR & COUNCIL 69,140 312 17,449 25 12 CITY ADMINISTRATOR 252,920 6,724 78,580 31 13 CITY CLERK 112,370 5,505 36,140 32 15 FINANCE 267,370 13,567 72,033 27 16 LEGAL COUNSEL 155,820 6,840 41,481 27 17 PLANNING 293,510 5,171 70,957 24 18 GENERAL GOVERNMENT BUILDINGS 114,160 4,664 37,007 32 31 POLICE 1,307,140 44,445 510,528 39 32 FIRE 805,820 817 55,141 7 33 INSPECTION-BLDG-PLMBG-HTG 161,754 5,216 45,013 28 41 ENGINEERING 332,280 10,416 80,542 24 42 STREET MAINTENANCE 683,896 10,706 167,662 25 44 SHOP 148,120 3,408 38,534 26 46 PARK MAINTENANCE 315,940 9,681 64,924 21 48 REFUSE COLLECTION 513,550 42,458 162,761 32 61 POOL 150,300 4,371 9,180 6 64 RECREATION 198,540 7,462 63,389 32 91 UNALLOCATED 126,240 -403 9,840 8 TOTAL GENERAL FUND 6,008,870 181,360 1,561,161 26 17 PLANNING 360,860 42,024 118,945 33 TOTAL TRANSIT 360,860 42,024 118,945 33 12 CITY ADMINISTRATOR 64,870 2,114 14,487 22 TOTAL HRA 64,870 2,114 14,487 22 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 C) C) /� x o A /* N) 1� A ND �.4 N 'L N N � �! 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Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 3804 , Amending the 1992 Pay Plan Filling the Building Inspector/Code Enforcement Officer Position DATE: May 14, 1993 INTRODUCTION: On May 5, 1993 the Shakopee City Council approved amending the 1993 Building Department Budget to include staffing for a full time building inspector/code enforcement officer position. Staff has taken the necessary steps consistent with the personnel policy to fill the proposed position. BACKGROUND: Staff would like to recommend that City Council approve Resolution No. 3804 , a resolution amending Resolution No. 3525 adopting the 1992 Pay Plan. (Since this is a union position and the 1993 contract has not been finalized it would be appropriate to amend the 1992 Pay Plan. ) The proposed amendment would add the building inspector/code enforcement officer position to the Pay Plan. Staff would also like to recommend that Mr. Jim Grampre be appointed to fill said position. Mr. Grampre has been working with the City of Shakopee in the seasonal building inspector position since April of 1992 . Staff is recommending that Mr. Grampre be placed at step 2 of the pay plan ($30, 518 . 00) effective May 24, 1993 . ALTERNATIVES: 1 . Move to appoint Mr. Jim Grampre to fill the Building Inspector/Code Enforcement Officer position starting at Step 2 of the 1992 Pay Plan. 2 . Offer Resolution No. 3804, A Resolution Amending Resolution No. 3525, Adopting the 1992 Pay Plan. 3 . Do not fill the Building Inspector/Code Enforcement Officer position. 4 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 and #2 . ACTION REQUESTED: 1 . Offer Resolution No. 3804, A Resolution Amending Resolution No. 3525, Adopting the 1992 Pay Plan. 2 . Move to appoint Mr. Jim Grampre to fill the Building Inspector/Code Enforcement Officer position starting at Step 2 of the 1992 Pay Plan effective May 24 , 1993 . RESOLUTION NO. 3804 A RESOLUTION NO. 3525 THE CITY OF ADOPTING THE 19x92 PAYPLAN ESOTA, AMENDING RESOLUTION Shakopee City Council 1992, the WHEREAS, on January 21, adopted Resolution No. 3525, approving the 1992 Pay Plan; and WHEREAS, on May 4, 1993 the City Council subsequently b qo Division amended ed the 1993 Budget increasing the Building DepartmentDe artmeto nt accommodate costs associated appropriate toh ease Building amend the Pay Plan to add staffing levels, making it app P this position. NOW THEREFORE, BE IT RESOLVED by the City Council of the City Minnesota, that the position of Building of Shakopee, added to the Pay Inspector/Code Enforcement Officer is hereby Schedule for the clerical, custodial and technicalsemployees of the City of Shakopee at the following pasteps : P Step 1 Step 2 Step 3 Step 4 $28 , 611 $30 , 518 $34, 333 $38 , 148 Passed in session of the City Council of the ' City of Shakopee, Minnesota held this day of 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney S• - - _ tr✓nom.n:y„ .'lam'At_"f.f�I} //0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 3804, Amending the 1992 Pay Plan Filling the Building Inspector/Code Enforcement Officer Position DATE: May 14, 1993 INTRODUCTION: On May 5, 1993 the Shakopee City Council approved amending the 1993 Building Department Budget to include staffing for a full time building inspector/code enforcement officer position. Staff has taken the necessary steps consistent with the personnel policy to fill the proposed position. BACKGROUND: Staff would like to recommend that City Council approve Resolution No. 3804, a resolution amending Resolution No. 3525 adopting the 1992 Pay Plan. (Since this is a union position and the 1993 contract has not been finalized it would be appropriate to amend the 1992 Pay Plan. ) The proposed amendment would add the building inspector/code enforcement officer position to the Pay Plan. Staff would also like to recommend that Mr. Jim Grampre be appointed to fill said position. Mr. Grampre has been working with the City of Shakopee in the seasonal building inspector position since April of 1992 . Staff is recommending that Mr. Grampre be placed at step 2 of the pay plan ($30, 518 . 00) effective May 24, 1993 . ALTERNATIVES: 1 . Move to appoint Mr. Jim Grampre to fill the Building Inspector/Code Enforcement Officer position starting at Step 2 of the 1992 Pay Plan. 2 . Offer Resolution No. 3804, A Resolution Amending Resolution No. 3525, Adopting the 1992 Pay Plan. 3 . Do not fill the Building Inspector/Code Enforcement Officer position. 4 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 and #2 . ACTION REQUESTED: 1 . Offer Resolution No. 3804, A Resolution Amending Resolution No. 3525, Adopting the 1992 Pay Plan. 2 . Move to appoint Mr. Jim Grampre to fill the Building Inspector/Code Enforcement Officer position starting at Step 2 of the 1992 Pay Plan effective May 24, 1993 . CO1\ SEI\1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Former City Hall - Second Floor Lease Agreement Proposal DATE: May 13 , 1993 INTRODUCTION: Staff has received a request to lease space at the former City Hall building from Mr. Joe Krueger. Mr. Krueger has indicated interest in leasing a portion of the second floor formerly occupied by the Finance Department . Staff would like to recommend that the appropriate City officials be authorized to execute a lease agreement by and between Krucial Data Supply Inc . and the City of Shakopee for office space at the former City Hall building. BACKGROUND: Mr. Krueger would like to lease approximately 1100 sq. ft . of office space on the second floor of the former City Hall building. The space in question was formerly occupied by the City Finance Department . Mr. Krueger owns a telemarketing computer equipment supply and software company. He currently has three employees . Mr. Krueger' s business is primarily done over the telephone and he relies on very little walk in traffic making the building space in question suitable for his needs. Krucial Data Supply Inc . has been in existence for approximately 6 years . Staff has met with Mr. Krueger on several occasions to discuss possible lease arrangements . Staff would like to propose that City Council consider a flat monthly rate of $460 . 00 . The rate would include all utilities with the exception of telephone . Mr. Krueger has agreed to pay 1/2 of the proposed monthly rental in advance as a security deposit . Mr. Krueger would also like to enter into a six month lease with an option to rent on a monthly basis thereafter. Staff has informed Mr. Krueger that the City would not provide any lease-hold improvements to the property. Mr. Krueger has agreed to steam clean the carpet in the office space at his own expense . Mr. Krueger has also requested that four stalls in the rear portion of the building be reserved for his business use . Staff does not believe that this would be a problem since there are no other renters presently occupying the remaining City Hall space. The proposed lease rate of $460 . 00 per month equates to a cost of $5 . 52 per square foot . Staff believes that this is a good value for the City given the relatively poor access to the property and limited potential users . Staff would like to note that the City has been incurring the cost of heating the building since it was vacated. Staff has taken steps to ensure that the air conditioning systems as well as electrical systems are in operating condition. Staff would like to recommend that the appropriate City officials be authorized to execute a lease agreement between Krucial Data Supply Inc. and the City of Shakopee for the office space on the second floor of the former City Hall building for a monthly rate of $460 . 00 per month including utilities . ALTERNATIVES: 1 . Move to authorize the appropriate City officials to execute a lease agreement by and between Krucial Data Supply Inc . and the City of Shakopee for second floor office space at the former City Hall building for a six month period with the option to rent monthly thereafter effective June 1, 1993 at a rate of $460 . 00 per month with the tenant responsible for all telephone related costs . 2 . Do not authorize a lease agreement between Krucial Data Supply Inc. and the City of Shakopee for second floor office located in the former City Hall building. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute a lease agreement by and between Krucial Data Supply Inc . and the City of Shakopee for second floor office space at the former City Hall building for a six month period with the option to rent monthly thereafter effective June 1, 1993 at a rate of $460 . 00 per month with the tenant responsible for all telephone related costs . // MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Ladbrooke Presentation - Alternative Racetrack Uses DATE: May 13 , 1993 INTRODUCTION: Mr. Rich Riechow, Chief Financial Officer for Ladbrooke Racing Inc. has requested to be placed on the May 18, 1993 City Council agenda to discuss possible reuse alternatives for Canterbury Downs . Mr. Riechow is in the process of preparing a presentation for City Council consideration. Canterbury Downs is located within the Racetrack District . Staff expects Ladbrooke Racing to propose several other commercial uses to be added to the RTD regulations . Prior to proceeding with the necessary planning studies that would be necessary in order to determine the impact of any additional commercial uses within the RTD, Ladbrooke Racing Inc . would like to obtain comments from Council relative to possible future uses . If additional information is presented by Ladbrooke prior to the Council meeting on May 18th, staff will forward it in a timely manner. ACTION REQUESTED: Offer comments and input to Ladbrooke Racing Inc . regarding possible racetrack reuse alternatives. L- . TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Completion of Probation DATE: 05 12 93 INTRODUCTION: Officer Scott Patrick was hired on 05 19 92 . BACKGROUND: New police officers must complete one year of probationary employment. Officer Patrick has successfully completed his Field Training Program under Field Training Officers Flynn, Koch and Tucci. During subsequent months he has adapted to police work and has met the standards our department requires of probationary officers. Sergeants Erlandsen and Kaley indicate that Officer Patrick is a diligent worker who communicates well with the public and relates well to other city employees. ALTERNATIVES; 1. Terminate Officer Patrick' s probationary status. 2 . Take no action. RECOMMENDATION: Terminate Officer Patrick' s probationary status. CONSENT i . c MEMO TO: Dennis R. Kraft, City Administrator Ct/ FROM: Judith S. Cox, City Clerk RE: Res. No. 3803 , Appointing Election Judges DATE: May 11, 1993 INTRODUCTION AND BACKGROUND: Attached is Resolution No. 3803 which appoints election judges for the June 22nd special election. All persons have been contacted and have agreed to work. The compensation is the same as has been paid for a number of years. There is a 25 cent an hour increase budgeted and proposed for the November election. After the election, a budget amendment will be needed to incorporate the costs for the special election. RECOMMENDED ACTION: Offer Resolution No. 3803 ; A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. nu = AWIdSIG 9SWAU 1 'Ird RESOLUTION NO. 3803 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . The following persons are hereby appointed Judges of Election for the June 22, 1993 Special Election for the six polling precincts with the City of Shakopee designated in Resolution No. 3646, adopted August 18, 1992 : FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Ruth O'Reilly Claude Kolb Marie Kocks Evelyn Weckman SECOND PRECINCT: Regular Judges Ethel Schneider Marcella Schmidt, Chair Bob Neiters Eugene Pexa Rose Schleoer THIRD PRECINCT: Regular Judges JoAnne Dircks Maetta Jurewicz, Chair Darlene Meuwissen Susan Stolareck Claudia Meyer Kathryn Marschall FOURTH PRECINCT AND SIXTH PRECINCT: Regular Judges Lillian Weinandt, Chair Marge Bischoff Edna Wangerin Muriel Koskovich FIFTH PRECINCT: Regular Judges Louise Vyskocil Thea May Joan Hart Virgilla Geske, Chair 2 . The Election Judges shall be compensated for their work at the rate of $4 . 25 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $4 . 75 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of May, 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT iz MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 3794, A Resolution Authorizing Issuance and Sale of G.O. Tax Increment Refunding Bonds, Series 1993A DATE: May 13 , 1993 INTRODUCTION: At our last meeting, a representative from Springstead Inc . explained the benefits to the City in issuing General Obligation Tax Increment Refunding Bonds, Series 1993A. It would be appropriate at this time to formally authorize the issuance and sale of said bonds . BACKGROUND: The City' s Bond Counsel has advised that it would be appropriate for City Council to offer and approve a resolution authorizing issuance and sale of General Obligation Tax Increment Refunding Bonds, Series 1993A. (See attachment #1) Council has discussed this issue in the past and has determined that it would be in the best interest of the City to proceed with the proposed refunding. ALTERNATIVES: 1 . Offer Resolution No. 3794, A Resolution Authorizing Issuance and Sale of General Obligation Tax Increment Refunding Bonds, Series 1993A and move its adoption. 2 . Do not approve Resolution No. 3794 . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Offer Resolution No. 3794, A Resolution Authorizing Issuance and Sale of General Obligation Tax Increment Refunding Bonds, Series 1993A and move its adoption. CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1993A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, May 18, 1993, at 7 :30 o'clock P .M. at the City Hall. Members present : Members absent : Documents attached: Minutes of said meeting (pages: • RESOLUTION NO. 3794 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1993A TERMS OF PROPOSAL I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and twwas attcallended throughout by the members indicated above, pursuant notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of May, 1993 . Judith Cox City Clerk Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. 3794 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1993A BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows : Section 1 . Purpose . It is hereby determined to be in the best interests of the City to issue its General Obligation Tax Increment Refunding Bonds, Series 1993A, in the estimated principal amount of $2, 690, 000 (the Bonds) , including an estimated $24, 210 principal amount of Bonds representing interest, pursuant to .Minnesota Statutes, Chapter 475, to provide for the redemption and prepayment of the following outstanding tax increment bonds of the City on the following dates: $1, 415, 000 General Obligation yonrs Tax Increment Refunding Bonds, Seies 989A$1a1uring0in netheal 1996 through 2003 on February 1, 1995; and Obligation Tax Increment Bonds, Series�91989B maturing in the years 1996 through 2003 on February 5 . Section 2 . Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented h itosathis attachedthis l a form of Terms of Proposal for the Bonds, f and shall be placed onfile by the City Terms of Proposal arerk.herebych anadoptedlaso the provisions of the the terms and conditions of the Bonds and of the sale thereof. Section 3 . Sale Authorization. Pursuant to Minnesota Statutes, Section 475 . 60, subdivision 2, clause (9) , P g Incorporated is authorized and directed to prepare and distribute an official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicitnandrnegotiatetment proposals for the purchase of the Bonds bys banking firm on the terms ondhisnCouncil atealspecial meetingin the mtoof Proposal, and to present t held at 5 :00 p.m. on Wednesday, June 9, the proposal to purchase the Bonds which is determined by it to be in the best interests of the City, for consideration by this Council . Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this day of 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney ON CITY HAS AUTHORIZED OPOALS WILL BE RECEIVED ON THE FOLLOWING BASIS IS ISSUE ON ITS BEHALF. P TERMS OF PROPOSAL $2,690,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBUGATION TAX INS INCREMENT REFUNDING BONDS, SER993A Proposals for the Bonds will be received by the City's Finance Director or his designee on Wednesday, June 9, 1993, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, Suite 100, Minnesota, they will beopened and tabulated. Considerationforaward of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated July 1, 1993, as the date of original issue, and will bear interest t I payable on February 1 and August 1 of each year, commencing February 1, 1 be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of f at the holder's the of mailed to the as of thetered clo a oflder businessoon the 15th day of the immediats as it ely preceding bookspears on the of the registrar month. The Bonds will mature February 1 in the years and amounts as follows: 1996 $295,000 1999 $325,000 2002 $370,000 1997 $305,000 2000 $340,000 2003 $390,000 1998 $315,000 2001 $350,000 The City reserves the right, after proposals are opened and suchprior reo award,e onto increase or be reduce the principal amount of the Bonds offered for sale. Any p of n willmati in. In the tal amount not to exceed$50,000 and will be made in multiples of$5,000 in any ofthe offereduor any event the principal amount of-the Bonds is increased or reduced, any premium discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income from its Tax Increment Financing Districts No. 1 and 4. The proceeds will be used to refund the 1996-2003 maturities adated embeGl neral Obligation Tax Increment Bonds, Series 1989A and Series 198both - i - • TYPE OF PROPOSALS Proposals shall be for not less thanaccompaand nied anied by ra Good Faith Deposit (tDepos t'I) iued interest on the toal n amount of the Bonds. Proposals shall be p the form of a certified or cashier's check check is Financial used, t muaccompany each proposarety Bond in the amount of .$26,900, payable to the order of the City. If Financial Surety Bond is used, it must from Such boomany lnd must beto 'subm tted to ssue such a bond in the State of Minnesota, andpreapproved d by the City. Springsted Incorporated prior to theopening Depositeis f guaranteed by such Financialosals. The l (SuretSurety Bo Bondd. if must identify each underwriter whose9 the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to SpringstedSpringsted Incorporated inged l in the form of Incorporated not aatertthanified or 3 30 P.M., check or wire transfer as instructedby P Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or a single 1/8 of Rates the date ofln then Bonds h er d ae ofsmatuhty sameof te o maturity shall bear rate from conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's will be computation controng the interest rate of each proposal, in accordance with customary pr The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment or the therefor at the option of the underwriter, be at the solese of any such option and expenserance of the pur�aser of issuance of any such commitment shall the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except C�twillthe City pay that aat ng fee.s ed and Any othee1rating a rating on the Bonds from a rating agency, agency fees shall be the responsibility of the purchaser. en Failure of the municipal bond insurerofto issue failuretoerefusal by the p uchaser toafter Bos have eaccept delvery to ton he purchaser shall not constitute cause the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. - ii - CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms ofpayment for the shallBonds be liablellhave been to the City forade any losssible by action suffered by thef the City, or its City by reason of gents, purchaser of the the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Saint Paulancial Advisor to thCity, Sringsted, Minnesota 55101 etelephon a (612) 223 Incorporated-3000 85 East Seventh Place, Su The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with a respoect r information required by law, shall constitute a Final Official Statement" of the City P r to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shalt provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 4, 1993 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk - iii - Confirming Recommendations For City of Shakopee, Minnesota $2,690,000 General Obligation Tax Increment Refunding Bonds, Series 1993A Study No. S0750 SPRINGSTED Incorporated May 10, 1993 SPRINGSTED 120 South Sixth Street Suite 2500 mi=x Minneapolis, MN 55402-1800 \y\ PUBLIC FINANCE ADVISORS (612)333-9177 Fax: (612)349-5230 Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul, MN 55101-2143 Brookfield,WI 53005-5935 (612) 223-3000 (414) 782-8222 Fax: (612) 223-3002 Fax: (414)782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax:(913)345-1770 1800K Street NW May 10, 1993 Washington, 1 Suite DC 20006-2200 (202) 466-3344 Fax: (202) 223-1362 Mayor Gary L. Laurent Members, City Council Mr. Dennis Kraft, City Administrator Mr. Gregg Voxland, Finance Director/Treasurer Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Re: Confirming Recommendations for the Issuance of $2,690,000 General Obligation Tax Increment Refunding Bonds, Series 1993A Introduction We respectfully request your consideration of our recommendations which confirm actions taken by the City Council on May 4, 1993. These bonds will be issued in accordance with the attached Terms of Proposal and the proceeds will be used to refund specific maturities of two City issues. Finance Plan On October 3, 1989, the City sold $1 ,965,000 General Obligation Tax Increment Bonds, Series 1989A, dated November 1, 1989 (the "1989A Bonds"), as well as $1,635,000 General Obligation Tax Increment Bonds, Series 1989B, also dated November 1 , 1989 (the "1989B Bonds"). The 1989A Bonds were originally issued to finance Phase II of the Upper Valley Storm Sewer Project and the 1989B Bonds were issued to finance the City's share of costs for the Minnesota River Bridge and Roadway Junction. Both the 1989A and the 1989B Bonds are presently outstanding at a net interest rate of 6.86%. Based on current market conditions it is estimated the callable maturities of each issue, those maturing in 1996 through 2003, totaling $1,415,000 of the 1989B Bonds and totaling $1,175,000 for the same maturities of the 1989B Bonds, could be combined into one issue and refunded as a "crossover" refunding, at a net interest rate of 4.55%. As a result of the refunding, the City will achieve a net savings of approximately $196,900, net of all costs of issuance, and beginning in 1996, reduce the average annual debt service requirements by approximately $24,600 a year. The callable maturities of the 1989A and 1989B Bonds, 1996 through 2003, will be called for prepayment on February 1, 1995 at a price of par. In a crossover refunding, the proceeds of the refunding (new issue) bonds are placed in an escrow account with a major bank and invested in government securities. These securities and City of Shakopee, Minnesota May 10, 1993 their earnings are structured to pay debt service on the new bonds through the respective call dates of the refunded bonds, at which time the escrow account will cross over and pay the remaining principal on the original issues by calling in all of those remaining bonds. The City will continue to pay debt service on the original issues through the respective call dates. Beginning with the August 1, 1995 interest payment, the City will cross over and begin making debt service payments on the new issue, taking advantage of the lower interest rates. Refunding Analysis Attached as Appendix I (Schedules A through E) are schedules that analyze the combined refunding of the 1989A and 1989B Bonds. Schedule A shows the City's current combined debt service payments on the 1989A and 1989B Bonds that are outstanding. Schedule B shows the amount of refunded principal. Schedule C shows the non-refunded debt service on the 1989A and 1989B Bonds. The City will continue to pay principal and interest through February 1, 1995 on both the 1989A and 1989B Bonds. Amortization Schedule Schedule D is the amortization schedule of the refunding issue. These bonds will be dated July 1, 1993 and mature February 1, 1996 through 2003. The semiannual interest payments due February 1, 1994 through February 1, 1995 will be paid by the escrow account. The City will begin to pay debt service on the refunding bonds on August 1, 1995 at the new lower rate of interest received on the bonds. The payments shown on Schedule D due August 1, 1995 through February 1, 2003 will be payable from tax increment income of the City's Tax Increment Financing Districts No. 1 and No. 4, which is currently being used to pay debt service on the 1989A and 1989B Bonds. Schedule E shows the annual savings analysis. The refunding issue, as now structured, includes all costs of issuance including bond discount and the rating fee. The savings estimates are net of these costs. To account for the actual underwriter's discount on the refunding bonds and actual costs of issuance, which may differ from the assumptions made, a provision has been included in the offering to permit the City to increase or reduce the principal in any of the maturities in a total amount not to exceed $50,000 to offset any fluctuation. As interest rates fluctuate, the amount of money needed in the escrow account also fluctuates. We will continue to monitor interest rates and advise the City in the event market conditions change and adversely affect this refunding. Discount Bidding Included in the principal amount of the issue is a provision for discount bidding in the amount of $24,210. The discount, representing $9.00 per $1,000 of bonds issued, provides the underwriters with all or part of their compensation and/or working capital for purchasing the issue and permits them to reoffer the bonds at or close to par. The City has successfully used a discount in its previous issues and we recommend its continued use here. Bond Rating We recommend the City apply for a rating from Moody's Investors Service. We will provide the rating agency with the necessary data, upon which they will base their rating analysis, and we will make the application on your behalf. The fee of approximately $5,500 will be billed directly to the City. Payment, however, will be made through the escrow account. All savings estimates reflect this fee along with the other costs of issuance. Page 2 City of Shakopee, Minnesota May 10, 1993 Rebate-Arbitrage These refunding bonds are subject to the Tax Reform Act of 1986 and the 1989 amendments, relating to rebate of arbitrage earnings. Generally speaking, all arbitrage profits (the yield difference between the earnings on the investment and the yield on the bonds) must be rebated to the United States Treasury. An advance refunding issue qualifies for exemption from arbitrage reporting and rebate requirements if: (i) the advance refunding issue does not exceed $5,000,000; (ii) the refunded issues were exempted from rebate when issued, or if issued prior to 1986, were issued in a year when the issuer did not issue more than $5,000,000 of governmental obligations; (iii) the average maturity date of the refunding issue is not later than the average maturity date of the bonds to be refunded; and (iv) no refunding bond has a maturity date later than 30 years after the date the original bond was issued. This issue meets all of the requirements listed above and therefore, the City should be exempt from any arbitrage reporting and rebate requirements on this issue. Bank Qualifications Prior to the adoption of the Tax Reform Act, financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax-exempt obligations. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax-exempt obligations purchased after August 7, 1986. There is an exemption to this for issuers of less than $10,000,000 of tax-exempt bonds during the calendar year. These bonds meet that exemption if the City does not incur any additional tax-exempt indebtedness this year exceeding $10,000,000. It is our understanding the City does not anticipate additional borrowing in 1993 in an amount that would exceed $10,000,000. The effect of this is these bonds will be "bank-qualified." Typically, these "bank-qualified" bonds receive rates slightly lower than bonds which are "non-bank-qualified." We have taken this into consideration in the estimates. Sale Process Proposals will be received on Wednesday, June 9, 1993, at 11 :00 A.M. During the remainder of the day, Springsted will make the necessary calculations in order to determine the benefits of the refunding. We will then present the proposals and our recommendations to the City Council at a special meeting at 5:00 P.M. that evening. This presentation will include the final refunding analysis and net savings. Respectfully submitted, S. Gt' ote,n eep 6.-L'd SPRINGSTED Incorporated sms Page 3 APPENDIX I SUMMARY • City of Shakopee, Minnesota G.O. Refunding Bonds, Series 1993A Full Crossover Advance Refunding of G.O. Tax Inc. Bonds, Ser. 1989A & 1989B Even Annual Savings Structure Issuer Funds Required: $0.00 Date of Bonds: 07/01/93 Delivery Date: 07/01/93 Refunded Call Date: 02/01/95 1st Callable Date: 02/01/96 Comparison: Refunded Refunding Principal: 2,590,000 2,690,000 Bond Years: 16,630.83 16,919.17 Avg. Maturity: 6.421 6.290 NIC: 6.864% 4.553% Total Net Savings: 196,907.79 Present Value Savings: 154,417.99 As % of P.V. Ref. Int.: 21 .98% Prepared: 05/03/93 By SPRINGSTED Incorporated Page 4 APPENDIX I SCHEDULE A City of Shakopee, Minnesota Prepared: 05/03/93 G.O. Tax Inc . Bonds, Ser. 1989A & 1989B By SPRINGSTED Incorporated Existing Debt Service Date Principal Rate Interest Semi-Annual Annual 08/01/93 103 , 117 . 50 103 , 117 . 50 02/01/94 230 , 000 . 00 6 . 350% 103 , 117 . 50 333, 117 . 50 436 , 235 . 00 08/01/94 95, 815 . 00 95 , 815 . 00 02/01/95 240, 000 . 00 6 .400% 95, 815 . 00 335, 815 . 00 431, 630 . 00 08/01/95 88, 135 . 00 88, 135 . 00 02/01/96 255, 000 . 00 6 . 500% 88 , 135 . 00 343 , 135 . 00 431, 270 . 00 08/01/96 79, 847 . 50 79, 847 . 50 02/01/97 275, 000 . 00 6 . 600% 79, 847 . 50 354, 847 . 50 434, 695 . 00 08/01/97 70 , 772 . 50 70 , 772 . 50 02/01/98 290, 000 . 00 6 . 700% 70, 772 . 50 360, 772 . 50 431, 545 . 00 08/01/98 61, 057 . 50 61, 057 . 50 02/01/99 310, 000 . 00 6 . 750% 61, 057 . 50 371, 057 . 50 432 , 115 . 00 08/01/99 50 , 595 . 00 50, 595 . 00 02/01/2000 330, 000 . 00 6 . 800% 50, 595 . 00 380 , 595 . 00 431, 190 . 00 08/01/2000 39, 375 . 00 39, 375 . 00 02/01/2001 350 , 000 . 00 6 . 900% 39, 375 . 00 389, 375 . 00 428, 750 . 00 08/01/2001 27, 300 . 00 27, 300 . 00 02/01/2002 375, 000 . 00 7 . 000% 27, 300 . 00 402, 300 . 00 429, 600 . 00 08/01/2002 14, 175 . 00 14, 175 . 00 02/01/2003 405, 000 . 00 7 . 000% 14, 175 . 00 419, 175 . 00 433 , 350 . 00 Totals 3 , 060, 000 . 00 1, 260, 380 . 00 4, 320, 380 . 00 4 , 320, 380 . 00 Bond Years : 17, 145 . 00 All lower calculations Refunded Bonds Only Avg. Mat . . : 5 . 603 are made from the date Avg. Mat . . : 6 . 8646 .421 NIC 6 . 850% of the refunding bonds NIC Page 5 APPENDIX I SCHEDULE B City of Shakopee, Minnesota Prepared: 05/03/93 G.O. Tax Inc . Bonds, Ser. 1989A & 1989B By SPRINGSTED Incorporated Refunded Principal and any Call Premium Date Principal Premium Semi-Annual Annual 02/01/95 2 , 590, 000 . 00 2 , 590, 000 . 00 2, 590, 000 . 00 • Totals 2 , 590, 000 . 00 2, 590, 000 . 00 2, 590 , 000 . 00 Call Date • 02/01/95 This portion will be paid by the escrow. First Date Called • 02/01/96 The escrow will also pay the interest on Call Premium • the refunding bonds thru the call date . Page 6 APPENDIX I • SCHEDULE C City of Shakopee, Minnesota Prepared: 05/03/93 G.O. Tax Inc . Bonds, Ser. 1989A & 1989B By SPRINGSTED Incorporated Non-Refunded Principal and Non-Refunded Interest Date Principal Interest Semi-Annual Annual 08/01/93 103 , 117 . 50 103 , 117 . 50 02/01/94 230, 000 . 00 103 , 117 . 50 333 , 117 . 50 436, 235 . 00 08/01/94 95, 815 . 00 95, 815 . 00 02/01/95 240, 000 . 00 95, 815 . 00 335, 815 . 00 431, 630 . 00 Totals 470, 000 . 00 397, 865 . 00 867, 865 . 00 867, 865 . 00 Call Date • 02/01/95 This portion will be paid by the issuer. First Date Called • 02/01/96 The issuer will also pay debt service on Call Premium • the refunding bonds after the call date. Page 7 • APPENDIX I SCHEDULE D City of Shakopee, Minnesota Prepared: 05/03/93 G.O. Refunding Bonds, Series 1993A By SPRINGSTED Incorporated Refunding Debt Service Date Principal Rate Interest Semi-Annual Annual 02/01/94 66, 473 . 75 66, 473 .75 * 66 , 473 . 75 08/01/94 56, 977 . 50 56, 977 . 50 * 02/01/95 56, 977 . 50 56, 977 . 50 * 113 , 955 . 00 08/01/95 . . 56, 977 . 50 56 , 977 . 50 02/01/96 295 , 000 . 00 3 .400% 56, 977 . 50 351, 977 . 50 408, 955 . 00 08/01/96 51, 962 . 50 51, 962 . 50 02/01/97 305, 000 . 00 3 . 650% 51, 962 . 50 356, 962 . 50 408, 925 . 00 08/01/97 46 , 396 . 25 46 , 396 . 25 02/01/98 315, 000 . 00 3 . 900% 46, 396 . 25 361, 396 . 25 407, 792 . 50 08/01/98 40, 253 . 75 40, 253 . 75 02/01/99 325, 000 . 00 4 . 150% 40, 253 . 75 365, 253 . 75 405, 507 . 50 08/01/99 33 , 510 . 00 33 , 510 . 00 02/01/2000 340, 000 . 00 4 . 350% 33 , 510 . 00 373 , 510 . 00 407, 020 . 00 08/01/2000 26 , 115 . 00 26 , 115 . 00 02/01/2001 350, 000 . 00 4 . 550% 26 , 115 . 00 376 , 115 . 00 402 , 230 . 00 08/01/2001 18, 152 . 50 18 , 152 . 50 02/01/2002 370, 000 . 00 4 . 700% 18, 152 . 50 388, 152 . 50 406 , 305 . 00 08/01/2002 9, 457 . 50 9, 457 . 50 02/01/2003 390, 000 . 00 4 . 850% 9,457 . 50 399, 457 . 50 408, 915 . 00 Totals 2 , 690, 000 . 00 746, 078 . 75 3 , 436, 078 . 75 3 , 436 , 078 . 75 Bond Years : 16, 919 . 17 * Paid by escrow. Bond Date. : 07/01/93 Avg. Mat . . : 6 . 290 All other payments Delivery. . : 07/01/93 NIC 4 . 553% made by the issuer. Bond Yield: 4 . 39064% Page 8 • APPENDIX I SCHEDULEE City of Shakopee, Minnesota Prepared: 05/03/93 G.O. Refunding Bonds, Series 1993A By SPRINGSTED Incorporated Annual Savings Analysis Non-Refunded Refunding Total New Existing , Savings Date Debt Service Debt Service Debt Service Debt Service or (Loss) (1) (2) (3) (4) (5) (6) 08/01/93 02/01/94 436, 235 . 00 436, 235 . 00 436, 235 . 00 08/01/94 02/01/95 431, 630 . 00 431, 630 . 00 431, 630 . 00 08/01/95 02/01/96 408 , 955 . 00 408, 955 . 00 431, 270 . 00 22, 315 . 00 08/01/96 02/01/97 408, 925 . 00 408, 925 . 00 434, 695 . 00 25, 770 . 00 08/01/97 02/01/98 407, 792 . 50 407, 792 . 50 431, 545 . 00 23 , 752 . 50 08/01/98 02/01/99 405, 507 . 50 405, 507 . 50 432 , 115 . 00 26 , 607 . 50 08/01/99 02/01/2000 407, 020 . 00 407, 020 . 00 431, 190 . 00 24 , 170 . 00 08/01/2000 02/01/2001 402, 230 . 00 402 , 230 . 00 428, 750 . 00 26, 520 . 00 08/01/2001 02/01/2002 406 , 305 . 00 406, 305 . 00 429, 600 . 00 23 , 295 . 00 08/01/2002 02/01/2003 408, 915 . 00 408, 915 . 00 433 , 350 . 00 24, 435 . 00 Totals 867, 865 . 00 3 , 255, 650 . 00 4 , 123 , 515 . 00 4, 320, 380 . 00 196 , 865 . 00 Present Value Rate . . . : 4 .39064% Excess Proceeds • 42 . 79 Present Value Savings : 154 , 417 . 99 Funds to Sinking Fund: As % of P.V. Ref . Int : 21 . 98% Total Net Savings • 196, 907 . 79 Page 9 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,690,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1993A Proposals for the Bonds will be received by the City's Finance Director or his designee on Wednesday, June 9, 1993, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated July 1, 1993, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1994. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1996 $295,000 1999 $325,000 2002 $370,000 1997 $305,000 2000 $340,000 2003 $390,000 1998 $315,000 2001 $350,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed$50,000 and will be made in multiples of$5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income from its Tax Increment Financing Districts No. 1 and 4. The proceeds will be used to refund the 1996-2003 maturities of the City's General Obligation Tax Increment Bonds, Series 1989A and Series 1989B, both dated November 1, 1989. Page 10 • • TYPE OF PROPOSALS Proposals shall be for not less than $2,665,790 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $26,900, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. Page 11 CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate.to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 4, 1993 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk Page 12 nuONSEI\IT /2c MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Minnesota/Dakota/Alley DATE: May 13, 1993 INTRODUCTION: Attached is Resolution No. 3800,which approves the plans and specifications and authorizes staff to advertise for bids for the above referenced project. BACKGROUND: Project No. 1993-5 consists of paving Minnesota Street , north of 7th Avenue to the alley, paving the alley between Market Street and west of Dakota Street and reconstructing Dakota Street north of 7th Avenue. This project is needed in conjunction with the Milwaukee Manor Subdivision. On February 16, 1993 the City Council held a public hearing on this project. At the conclusion of the public hearing, the City Council ordered plans and specifications prepared for this project by Resolution No. 3746. The plans and specifications have been completed and the project is now ready for bids. Attached is Resolution No. 3800, which authorizes the advertisement for bids. The bid opening is scheduled for June 9, 1993. A coy of the plans and specifications will be available at the City Council meeting for review or they can be inspected ahead of time in the Engineering Department. ALTERNATIVES: 1. Adopt Resolution No. 3800. 2. Deny Resolution No. 3800. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3800, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5 and move its adoption. RESOLUTION NO. 3800 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Alley Located Between Market Street And Outlot A Of Eastview Addition (Blocks 309, 314 And 317 Of Wermerskirchen's Addition) And Minnesota Street/Dakota Street From 7th Avenue North To The Alley Project No. 1993-5 WHEREAS, pursuant to Resolution No. 3746 adopted by City Council on February 16, 1993, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of the alley located between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue north to the alley by pavement, curb and gutter and storm sewer and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT R. eil MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Special Assessment PolicyA' DATE: May 12, 1993 INTRODUCTION: Attached is Resolution No. 3802, which amends the Special Assessment Policy regarding the funding of new sidewalks on collector/arterial streets. BACKGROUND: On May 4, 1993 the City Council directed staff to revise the Special Assessment Policy to eliminate the use of special assessments for the construction of new sidewalks along arterial and collector streets. Attached is Resolution No. 3802, amending the Special Assessment Policy. ACTION REQUESTED: Offer Resolution No. 3802, A Resolution Amending the Special Assessment Policy and move its adoption. DEH/pmp MEM3802 RESOLUTION NO. 3802 A Resolution Amending The Special Assessment Policy WHEREAS, the City Council of Shakopee adopted the Special Assessment Policy by Resolution No. 3735 on January 19, 1993; and WHEREAS, the City Council desires to amend the Special Assessment Policy to eliminate the use of assessments for the construction of new sidewalks on collector and arterial streets. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that Section X., B.1 on Page 14 is hereby revised to read as follows: "New sidewalks installed adjacent to collector or arterial streets will not be assessed. New sidewalks installed adjacent to local streets will be assessed 100%to the abutting property on which the sidewalk is located." Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /3 � . Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 May 12, 1993 To Municipal Officials: Please make note and plan to participate in three coming events. 1. You are invited to breakfast meetings seeking input to the Metropolitan Waste Control Commission's (MWCC) proposed 1994 budget. This meeting will provide you with an opportunity to review and comment on the agency's proposed budget. It is important to us to receive your comments throughout the budget process. 2. A public hearing on the 1994 proposed MWCC budget is scheduled for the June 15 meeting of the Board of Commissioners. Action on the 1994 proposed budget, containing any changes as a result of suggestions from the breakfast meetings and public hearing (6/15/93), is anticipated at the July 20 meeting of the Commission. 3. In response to customer requests, MWCC has scheduled one of the breakfast meetings at the Metro Wastewater Treatment Plant in St. Paul, and for those of you who are interested, MWCC will offer a tour of the Metro Plant following the meeting. Industrial users of the system are encouraged to attend the meeting at the Metro Plant. If you go on the tour, it is important that you wear comfortable walking shoes with leather uppers. BUDGET BREAKFAST MEETING SCHEDULE JUNE 4 - FRIDAY JUNE 8, TUESDAY T. WRIGHTS - Minnetonka HOLIDAY INN NORTH - Brooklyn Center 3310 South Highway 101 2200 Freeway Boulevard Minnetonka Brooklyn Center 7:30 - 9:00 a.m. 7:30 - 9:00 a.m. JUNE 15 - TUESDAY JUNE 16 - WEDNESDAY MAPLEWOOD INN - Maplewood NICOLLET ISLAND INN - Minneapolis 1780 E. County Rd. D 95 Merriam Street 7:30 - 9:00 a.m. 7:30 - 9:00 a.m. JUNE 17 - THURSDAY JUNE 23 - WEDNESDAY DROVER'S INN - So. St. Paul METRO WASTEWATER TREATMENT PLANT 701 South Concord St. 2400 Childs Road - St. Paul 7:30 - 9.00 a.m. 7:30 - 9:00 a.m. (breakfast meeting) 9:00 - 11:00 a.m. (tour Metro Plant) TO PLACE YOUR MEETING RESERVATION, CALL SARAH KLINE AT 229-2129. All meeting locations are wheelchair accessible. If other reasonable accommodations are needed please call Pauline Langsdorf at 229-2100 by May 28. Equal Opportunity/Affirmative Action Employer 0 * i365 b Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 — — -- 612 222-8423 May 17 , 1993 To City Councils and Administrators for the Cities of Chaska, Chanhassen. and Shakopee ; The Metropolitan Waste Control Commission will be holding a public hearing May 25, 1993 on amending the Implementation Plan to include phasing out the Chaska Wastewater Treatment plant . Details of the issue are in the attached board item 93-72 . The purpose of this fax is to notify you of the public hearing. Contact Pauline Langsdorf at 229-2100 if you have questions regarding the hearing. PUBLIC HEARING CHASKA WASTEWATER TREATMENT PLANT PHASE OUT MAY 25, 1993 3 : 00 P .M. MEARS PARK CENTRE COUNCIL CHAMBERS 230 EAST FIFTH STREET ST. PAUL, MV 55101 • 112 poSt`1t"braid faX transrn,tt vt , . a' ',lilt)7677 4 °Pagel Jai Oopr, • Fax i ,� + phoneLL Equal Opportunity/Anirmative Action Employer POLICY AND OVERSIGHT 93-72 METROPOLITAN WASTE CONTROL COMMISSION MEARS PARX CENTRE 230 E. STH STREET, SAINT PAUL, MINNESOTA 55101 (612) 222-8423 April 20, 1993 TYPE: IMPLEMENTATION PLAN SUBJECT: AUTHORIZATION FOR AN IMPLEMENTATION FLAN AMENDMENT FOR CHASRA WWTP PHASE OUT, MWCC PROJECT NO. 920600. SUMMARY: The Facility Plan for the Chaska WWTP recommends that the most cost effective alternative is to divert wastewater flows to the Blue Lake Plant for treatment. 44zDOT hast given the Commission preliminary. approval -to construct: the; interceptor, that will phase out the Chaska plan t;3 within the Highway 101 Shakopee Bypass rig -of-way. In order to meet the schedule for the MnDOT highway construction, the project must proceed to be designed this year. In order to proceed with design of the interceptor,' it will be necessary to amend the Implementation Plan. RECOMMENDATIONS: It is recommended that the Metropolitan Waste Control Commission authorize its Chair and Chief Administrator to hold a public hearing on an amendment to the Implementation Plan and submit the proposed amendment and public hearing record to the Metropolitan Council for its review and approval. - 1 POLICY AND OVERSIGHT 93-72 DISCUSSION Background: The Chaska WWTP is operating near capacity and a permanent solution for handling the increasing flows needs to be implemented. The Chaska WWTP facility plan shows the most cost effective(0 J.* solution to the capacity problems at the Chaska .WigP is to phase 1,,:04.4 the plant 04. and divert the flow to the Blue Lake Y v'TP.s •a4. The phase 6 ��, 7 out would consist of a lift station adjacent to the existing •0haska WPTP; a forcemain along County Road 41 to highway 169, and an interceptor along the MnDOT Highway _L0l Shakopee Bypass. The total cost for this project along with engineering and administrative costs is estimated to be approximately -520,000, 000 . MnDOT has given the Commission preliminary approval to construct the interceptor within the MnDOT right-of-way provided the construction can be done concurrently with the highway construction. This will save the Commission a considerable amount of time and money since very few easements will need to be acquired and the construction will take place in a corridor essentially free of interference . Current Status: The draft facility plan has been reviewed by the Metropolitan Council, and the final facility plan will soon be completed. In order to meet the MnDOT schedule for the highway improvements, the interceptor must be designed this year to allow construction to proceed in 1994 and 1995 . Only the portion of the interceptor on the Highway 101 right-of-way would be constructed in 1994 and 1995 at an estimated cost of about $13, 000 , 000 . The remainder of the interceptor and lift station would be constructed under a following contract . The Implementation Plan needs to be amended to allow for design and construction of the interceptor and lift station. Financial Analysis: As a result of this project, the average annual sewer rate is projected to increase by $0 . 52 per household, or 0 .27k, over the period to year 2010 . The increase is for the total project estimated at a cost of $20, 000, 000 and also reflects the decrease in cost of treating the waste flows at the Blue Lake Plant in lieu of the Chaska Plant . hcaLt‘ fAdy/44 (o ( 2(sL-'-v . '1 H f - 1 I - _ _ - - - • • POLICY AND OVERSIGET 93-72 ALTERNATIVES There are two alternatives for this project. The first would be to make no amendment to the Implementation Plan. This would mean that the interceptor would not be allowed on MnDOT right-of-way, the schedule for the permanent solution to the Chaska Wi"1P capacity problems would be delayed, and an additional cost would be incurred for easement acquisition and construction along another alignment. The second alternative would be to amend the Implementation Plan and proceed with this project. In which case the interceptor could be constructed within the MnDOT right-of-way and the Chaska WWTP could be phased out sooner. This is the recommended alternative. *FUNDING ---t% Oi-itur Guui ? / Not applicable at,;this_time G4J 1 e chadeg Prepared by: Reviewed by: ? (lotivaco„4„,.., c�of.. t�•-•-� °"0 'Q°/ 0-4, 4 WilG. Mo re Gordon 0. Voss • a Director of Engineering Chief Administrator (coin vlf and Construction WGM:AED:skf B19372.AED ,fJ (4 1?ram jraezaitedde7 4 ctiamo,,e ?. - 3 - zi-..f.a U dl L. -E bo,y, . a•D •0 .3 >•1 b....4qp 4 L. 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'.41$ 1.C--•?'''•-- - _ - • „. - --..... - - - . • - _ ..._, , e•.-,T"-• -'- - - ., ..... ., . .„, , . ."'-• v*. ,. - - ' ..:-. .._ _.,_ „ ..„. ,, . • -.. . - .' ...-. . • - _ . - :`:-..•••...f...-,.."' - -. :::.4;.` .,....,.. ,... . -.-. 7......$ .,-, - . ..„-r-..=.34..-.... •-- .r. ---- 4 lo.1:-.,..„...;- • .-.W. , ,,,. ...-. ,.....--.,„,„,.A.,,,,• _•• ....,,14,,..,5,.. .u.,-,•_,,:. . , , ,---, -..-.4....-••,-. -„,--••...---..•"g`e.-7-ki---,‘".- • ' ,- -•..;•!rc- ----- .. ..- •-----44•:-. -=••••,.,.tA.T.&-.--;:-...ii...,.-:•:4.-7.,-"•="7".•fflida,.%.„--:,, - • - - -....,".-•:"---.--.• 1 ---..::w•- • . .i.....-*-..,7„.z,ki„. .•.4„--1°"-..,...).1.,.:;;;::::----; . ,..1 ..•r,..-: -- -.---??•714. .A,._--s...,"r-• •-•••.•,--,..= -"-•,,,,,---,---- 1------€7.-3-i-,-1,--‘7.=•"--------•:-- A PROPOSAL FOR AN • . - ___. -.'-'4'...-':'#11:114';',"-"*. ..:,, _. ....._ - _ • • --'.‘-- - -; -, - -"" --",..J.-.--,,,..'"%,,,-',...1-:;;_, • • A/vIPHITHEATER AND _ ...„---. -,..„.„..„.„... - . . . _ .. , . ---- • - .., MULTI PURPOSE _ - -ct.,...--1.'is----_.----- , . -- --- . .. - - • . . . •.. 4 . ..:- :- ..-- .1-4-----• -.-: ,•• ,_-,'''''4:'.C. • .-, . - • ..• -.4,',,`i FACIUTY AT _.... ,..7.7. . • - -- " '_...:',.:.•' 4 - .. C i.. . . — . - - 'CANTERBURY DOWNS • _ ,... , , -_. _ .4---......., . . • . --•;...-.,:-.-,•_-_,. filir _ _•-_,_ .•,:..- . . . . 1.- g,.....i.---_._. • -4- , -=.,i, • •IF . _ .. '•',.„4.1",•:,,f-.-:_-.-.• ,--_,*,11 - . . , -'4, . _ ... •'4 k•2.-44IT'1:1 -1 • i•V'z'i ,,•• SHAKOPEE _. .. ._ ... - i- ,--- - . '. . . , . . . ,, -NI: _ . •J___ t. - . . . _ - . --- -_ -- 4' " ''' ii. W'.' -'-'..c - _ .. . . • .Efrf'-:-.,- . ":4 it-! ' ,-• . I- . ' - - MINNESOTA-• .4 -.'-;..- .-.••.. ..;••- ; ,.-_-- • .., . . . • . _-__ = ,..._ '-',-4.1tz1V.( . *•"-•-, .:- , , . - •''"''.1.* — lic.i. - . _ •, ,, 7 ... '‘,Iii.,,•••or.' . • „.::' i 1111(4i. . s. .,....,__ .1 • ., .._. - - ..... • .--.. . .,- "- - - ‘'" -=.1kiffs raw_ - '-:.'"-.•...1.-- .1 __ -11.••••••••••••---- ' "''''..- • -- 1111111111e0. _ 2 gin' . . . •-..- -r et.;•it `. .• ‘F. • ••• . . • 1 • ' ..-4164/4'it•I'.;_-• "... .4- .. _. - - -t" '.i..-.` • . . ., . .1,- ' • . • r -.:r • • . . ----.1..- 4 •,.. - . . - - .. . _. - •. • -. MUSIC UNDER THE SKY • CONTENTSt 3 4 • 3 1 . Introduction i • - 2. Use of the Complex ' ' 3. Location, Accessibility, Growth I 4. Facility' - - 5. Services • 6. Economic Impact Nom' ...✓„ d ' .... ^.v, „"yo1. ..... ' �t L•''' sr44 o• s .t'Z Att i` • ..K 4i, r. .°'I.'°°' i.•ef,... , -•,. . ,, .-i, . . .. ... , . . __ -• . _.... .. . . .....• •,„„ _ .-_ ,...... .. . .....,, ;., t _ ,....... ..„..,..., ,. ...,,,_ _ ..,...„„ . , . , ,, ,,,, .., i - �.s' -ass__ .+. JC�'�`. 4'-�': • MUSIC UNDER THC SKY • 1 . introductiOn • ANTERBURY DOWNS AN IDEAL ce. Only marketsCenter with bmuch larger populations exer six(6) in concert ceeded . C SITE FOR AN AMPHITHEATER AND attendance over that of Target Center, such as Los Angeles, Philadelphia and Detroit. MULTIPURPOSE ENTERTAINMENT Canterbury Downs already exists, making it the most FACILITYcost.effective site in Minnesota co house an Amphitheater. In addition, the location is perfect. Canterbury Downs is the ideal sight co be renovated into Based on the attendance of Canterbury Downs in its first an Amphitheater and multipurpose entertainment corn- few years, the proximity of Valleyfair and Mystic Lake, plex. Although the primary use of such a facility would and the success of the U.S. Open,all points to the fact the be for the purpose of hosting major outdoor musical consumer will not be intimidated by travel to the site. . - :, , Since it is inevitable char . an Amphitheater will be - built in the Twin Cities in the not to distant future, it- ee • is practical that it is estab- lished here in Shakop . _,3,,�,'5 =` '1, r Ladbroke Racing a+,�T �.P_M%-- 1 ter+- _ _ . Corporation has commit- Li _ �.Mw175.1 i..,,,"=�`_ ted itself to providing the :E ; _ _ 4 , z4=r''" t s -t ;; 1 best usage for this site, e ". - s -• _ w, R ,,, r. r ' € that which will make a `' positive impact on the ' a-.___,.,...,' quality of life for the Twin ...,...e rA �.� Cities. i-.. w 4 Putting the facility to use ,: <ti' "�.- as an Amphitheater and a ` SL...,:,..:":-'71',.:-:1-. .-:-}. .... r �, - )'44:e--4-1%e;;;- ,..,. -4. multipurpose entertain- r -,- —. :: ., :, �d , ,- ' ' ' � " 1 merit complex redefines a ...g ..?* "' "'` -�..� -" ��,, ...t,,,,,,..." ;-..-;:i...-.. purpose for Canterbury _ ; � - �- �-!"sem' = Y - '-' '''- �- � ' _- '':a �-=1t-' ' - this project will create a whole new purpose for the complex. This will in turn entertainment events from Memorial Day to Labor Day, spurn economic growth'for the area to include the City this particular facility has the ability to be used twelve of Shakopee. (12) months out of the year. The Twin Cities is a prime target for Amphitheater development and several national/promotional organiza- tions are pursuing ocher locations within the metropoli- • tan vicinity for this purpose. This marker area, ranked 13th in the nation, has proved a viable and profitable _ - . market for the concert industry. Last year alone Target MUSIC UNDER THE SKY 2. Use of the Complex FACILITY USES Heartbreakers Barry Manilow Neil Young The site at Canterbury Downs is ideal for a mulripur- Red Hoc Chili Peppers pose entertainment center. In addition to a variety of Kenny G. concerts the facility may host a Aerosmith _ ::11.-•.• diversified list of activities Yes F- '''''n-''' r'=? twelve months of the year. Tina Turner . ;. INXS i. � • . Each year approximately Sade ;`:t: •' twenty different acts go Ziggy Marley '%.. during10,000 Maniacs t. � - out on tour the `' -`� '; summer months from -'.- Bette Midler ,..,',..---.4,: -*,' May through , w x September- Many Right now country music is incredibly popular and :r r, -,sx* : of these concerts many of the stars of country are insisting on playing T -•'y4` �'h� >� .,� L - have been play- Amphitheaters as part of their tours. Presently most of • �f - r�;�.�- 1-.r,..r-'�,. ,�= ing arenas,but these artists perform at Target Center and are setting ' .-;e � '-�ti =' several will play attendance records. They also perform at the State Fair. _,; ,, exclusively in Listed below are the performers who have exclusive • = s • ' Amphitheaters. Amphitheater tours for the coming summer. Based on - -----. 1."- --- ...•'---,:c:: -. the popularity of this segment of the music industry, it Listed below is a list is always possible to book additional acts. �y-a ,-. likliA "� > a of Pop and Rock - Fs. T- --.,—;_••=-. .:-•-i .• •- Concerts on tour in Reba McEntire r,If `''� - •-. 1993: Alan Jackson ''':•-:1----' .. ,.- -- . - Garth Brooks = e ,.r !" '-;" Frank Sinatra George Strait - ,. Neil Diamond Clint Black/Wynonna :�` -. r :; Jimmy Buffet Budweiser Rock `n Country Tour starring Travis Tritt _�•` 7- > '. and the Coral and Trisha % fix - Q. Reefer Band Yearwood • `�'` • Sting Van Haien Classical and family entertainment is growing in popu- , . . _- Lollapalooza larity with the Amphitheater market. This summer a j' '93 variety of performers will be playing at Amphitheaters- "• BoaOv1 J In addition this is a prime area to utilize all of the local (' Rod 1,..-‘1::...,. talent: �"= ' Stewart x.;,� ::; ` Tom Moody Blues with local Symphony Orchestras , a.• Petty Disney Symphonic Fantasy ,- ll' - and The Pops Concert Series :.�_ _. - i��r� the Minnesota Symphony Orchestra Series • ' ti The Music of Andrew Lloyd Webber - • Bob Hope ., V Al Jarreau ' MUSIC UNDER THE SKY Complex cont.2. Useof the _ `.,. " ,yam: = ,_t r�� s��-11� c - „..: .,..... ..,...._____.„... _. �� ..e. __• . 'L� 'fir' 'nty`iY*S .� 1-*".---` A ,...-7,'-•.--f-' env. 4 '1,--r:.--,;-----; 4 ." + S ik+} _-t..:. ,,..- . . �►-.'"s' ''''''''''---- fi ,cr " � =" y '- { =ia ark` y- ` , i-�"._.i►- .wr.K"�//-!� ".„--:•-----..•��F. •�._ .•...,......_ a-. r4, - „."_fes. ;" .-i....,....!•--. During non-peak concert times it is vital to keep the . facility maintained with a diversified assortment of uses such as: I Rib Cook-off Jazz Festival Airshows - Antique Show Garage Sale ' ', Carnivals - Display Shows • = Kidfests -.A.--- Trade Shows VI Music Festivals •-___' Holiday Shows -7'. Auto Shows I Iter . W r . 6 .s • �r- $B r • MUSIC UNDER THE SKY 4 wth Gro3. Location, LOCATION, ACCESSIBILITY, AND There is ample parking, enough co accommodate a crowd of 20,000. Bus Tour operators are familiar with GROWTH ARE KEY FACTORS TO THE the sire. SUCCESS OF AN AMPHITHEATER AT With the ongoing improvements of highways and coun- ty roads 169, 83, and 101 in the Shakopee vicinity, CANTERBURYDOWNS Canterbury Downs makes it easy for a patron co ger to this site. . The general public is familiar with the location of 4,:._.,,,„,4%;,,,,, '--mojw- • ''."•.T"-.".--:•f•1.-.,-..-..-7-_:-.•;__.:•,--....--.;t-......"‘ - -•,- - .,- .. - C s. • X� J?Y i• 'lam'I ,--, ... ..^. ."`l." . ' - .... 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LMFI`as+�s.Z� .-. �+'r' ( . ._ •i i'.'-:-J N:..�-�:��T�.S b y. Canterbury,Downs thanks in part to the incredible, mar- Since the inception of Canterbury Dpwns Racetrack, kering job accomplished by the facility and the City of there have always been plans for additional hotels and Shakopee. Ir is only minutes from Valleyfair, Hazeltine restaurants to be built on rhe site. As experienced ac • Golf Course - home of the 1991 U.S. Open, and Mystic Target Center, the epare Warehouse District has seen Lake Casino. It is within twenty minutes of the vast improvement in patrons dining in their restaurants Mpls./Sc. Paul Internacional airport and thirty minutes (see next page),which could be repeated in the Shakopee from the Mall-of America,a major tourist attraction. vicinity. +: ; . " ' 4111p*al , _ . flithp....:...IL:: • j '. • .7f sir. . tlir '•r� ,r M1►7r,—...a.>:,.. 11 ._ _.,:..;,,.,,� 17 ' ie-,,,i-is Sf ' ''' /s' - ,;fes`.- } i ,I,t._ . - _ One year after the opening of Target Center, • __ downtown Minneapolis nightlife will never be the same. BY D.L. MABERY N OCT. 13, 1990,Target Center opened ® its doors and set off a dominolike change in Minneapolis nightlife Tong – 1 - 0First Avenue North and much of the warehouse district With the 19,000-seat arena came an influx of new customers to the neighborhood—1.75 _ - million in the first year,to be exact - Families and suburban folks who previous- lv perceived downtown as a combat zone of CONTINUED ON PAGE 18 7. = C --, '_ '• = 4.- i•• •^,•.= 01 J A S='7j = - s 2 =r= e n T Y I 13 &`_ '• - �■ •l.'.•: _ s c �1.-L ..• _-.7'n.my.. �_` �� � �e �. - E �^ O O '°t.=jN^m ` L 7 .'�,6•.'i1:! r ,,t3",: ` _ - 3 Zt= •3, = ec - o o =; z 7 E c c r .s �`� .1,-;... .: ,:=y"E c 'i= .• ` _� n _ n e'o s y E rt c= � -_ _2 a• -= E .7-.4,2 � N t a' -E2 ., ••• 0 "2-312 •s a 2--? .f �.t I� • 1' 't1 c= _7,t. 5 a c •t a u t _= ° a ^•a s e o ., R 5`o `u_ ; •r s._^. m• c u.t 'a' a • 1�.27' , 2 <- E;i7,1ZVSOA ^Y ^ y - ° ..-.:.= . ..m -: O7 ^.Cu 4r. i ': E ^ gig • gi �.E - N • m u E 2? ° m ° n tO ...7.1, �� -tin _'.i y= i C y A T` 5•E 9 i = ,., ,,= - s n e - u s U Ii • f. - �• - ='X. c _j ^3 _ • ^ •riY _7. 7 > c_ Rc I : : !i c:01iin - tyEp � = V•A 7 _ ` ' E Gee L3! 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Facility ., ICANTERBURY ERBURY DOWNS IS AN An attribute char would be a terrific revenue source 1 ALREADY ESTABLISHED FACILITY already existing is the special clubhouse seating. Corporate memberships could be sold for chis-seating which would be a tremendous revenue source for In all locations being considered for an Amphitheater in Canterbury Downs. For example, Target Center has sold the Twin Cities, there is no physical structure. 65 of its 67 suites at an average cost of$60,000. A simi- Canterbury Downs already exists and with specific mod- lar plan can be established at Canterbury Downs. ifications it can be transformed into a multi-use center. Most sires under consideration will only have the ability In addition, Canrerbury Downs has a state-of the-art to be used as an Amphitheater- but not Canterbury Downs! audio visual department,which is mandatory today to meet the needs of the performers that appear at The facility already has the grounds and the basic con- Amphitheaters. figuration co build the appropriate staging. Ic also has The facility would require renovation to make it into an sufficient space co house all the other events outlined Amphitheater, bur the costs are nominal compared to F5,:::.."--,'_—_------f .- :; . ` ..zs '��- = the start-upof a s' �r` �' -' � ' . � new facility. _,r. I : 4 7 k.. _ ` .,„ .-...t--_,,,,_e, ..-...7 ,; -" -,- -, R :1 Issues will have to i*- ,4„ be answered regard- "r- ,,,,�r""' �r� ...: xs "' ing rezoning, envi- -✓' 1 >-- - ,' �� :�:i _. -` ,j and noise abate- ::x ,,.,..," -e �} �a '` ; -1. meats. Ladbroke . _:_: .,,I: �., ~si .. ll 1 Racing Corporation .--.7-, II • E . -,: . ;,,„4-,'.• "�' .i. and several pocen- .- � . _ tial partners are -. ,..,, , « ' f x"' willing to move for- e �-:t: -• �' - <.= . . 1 ward on this .� '''• .'''' ,i. •-'r. .t�' research predicated y ,..,�: ....-:•,e'.,. ,. • ...-,-,-...-....:-= on a commitment ;..;.01_ �'y +r..", I € •..• 1.`�-r--- ` '= from the City of •` a 11• -7:7; -" Shakopee. `. _ :5 • 7 '� " " A commitment will • • '.Y:•,- - `s. . be made-by the ,,. partners to do earlier in this proposal. Due to the square footage of the everything within their power to meet industry scan- Grandstand proper, Canterbury Downs allows for the dards in regards co sound abatement. interior co be used for trade shows, auto shows and a variety of ocher activities making it feasible for year Consideration will need to take place regarding curfews round usage. and number of nights of operation as established by the city. These issues have been successfully resolved in . Existing in the facility are concession stands, sufficient every location where an Amphitheater exists. restrooms, seating, etc. i • . • . - MUSIC UNDER THE SKY # - • 5. Services . 1 . : - over 6,000 sears. The exception to the latter statement IMPORTANT SERVICES FOR THE would be three Merrodome shows with capacities over ' • SUCCESS OF CANTERBURY DOWNS 30,000(see attached brochure). Target Center has a • i marketing and management staff of over 50. iThe success of such a project is subject to the involve- merit of the appropriate parties who will bring a full JamProductions is a major regional and national pro- s motet who promotes in the Midwest and the Southwest range of services to the facility. including Target Center. The major cities where they Involving the right promoter to book the acts is a key produce shows are Chicago, Minneapolis and Phoenix. 1 element, bur even more important is marketing and However, they are also involved in at least another 20 managing the facility and its entertainment. cities in these regions. Jam also promotes,produces _ shows for amphitheaters and operates its own amphithe- The appropriate team should include: ater,The World Theatre in Tinley Park, Illinois with a capacity of 40,000. Jam Productions produces approxi- • Professional Box Office which can handle large volume . mately 800 shows a year with a staff of 22. of tickets. • Another proposed partner,MCA Concerts,a division of . MCA's Music Entertainment Group, specializes in the ' • Group sales and direct sales team. construction,booking andoperacion of live performance • Sponsorship team which can sell the facility and venues. MCA Concerts currently owns and/or operates ,. five venues: Universal Amphitheater in Los Angeles, events. Often this is a key to profitability. Fiddler's Green Amphitheater in Denver, Starplex • Advertising connections co establish strong buying Amphitheater in Atlanta and their most recent acquisi- tion,Blossom Music Center in Cleveland,added in power and impacting promotional commitments is very 1990. In 1990, MCA Concerts was also selected by important in the success of an event. . Molson Breweries to form MCA Concerts Canada,a full, • , service concert promotion company promoting events • Strong public relations contacts to help sec forth the throughout Canada. , - right image for the site. Since the opening of their first venue, the Universal - • Experienced food and beverage staff is a must to insure Amphitheatre in 1972, MCA Concerts has presented the quality of dining needed to maintain high standards. over 3,500 live performances throughout the U.S.and Canada,attracting over 10 million patrons, making • A professional group to manage the facility to ensure them one of the most successful operator/promoters in it operates in a profitable rrianner. the U.S. - -z-.., Although Ladbroke Racing Cdrporation has just begun Ogden Entertainment Services manages and provides plans, conversations have ensued with a variety of pocen- services in over 100 venues across the country. Many of tial partners including Jam Productions, Target Center, . these facilities are similar co Target Center where Ogden • Ogden Corporation and.possibly MCA. - provides both management and food &beverage services. Ogden is the food&beverage purveyor in amphitheaters Target Center was voted into a select group of five facili- around the country. ties in the nation as best entertainment facilities over 15,000 seats for 1992. Voting members were primarily peers in the industry(agents, managers, artists and pro- - 4- moters). In the last 14 months,Target Center has cap- ._.,. .- cured all of the major touring attractions with capacities air A MUSIC UNDER THE SKY I • 1 6. Economic ImDact i 1 - 1 In addition thcaverage Amphitheater customer spends. ECONOMIC IMPACT TO SHAKOPEE $4.75 on food sod beverage and$3.00 on novelty items ANDMINNESOTA again generating additional sales taxes. i iOther avenues of income for the facility itself include Ic is important to analyze the ongoing economic impact sponsorships and corporate sales which increases prof- of a project of this magnitude which is positive in gener- icabili i acing revenue,employment opportunities as well as ry. - growth opportunity in Shakopee and its surrounding Based on reports in other markets,restaurants,bars and communities. hotels and othcrmcertainment complexes have all seen a surge in activityand the spending level when a major While under construction there will be a great number I. entertainment complex is built in its vicinity. This will of contractual and employment opportunities available. then spur moredcvelopment for the community. Established industry standards for patrons attending an 3 Concert Grosses Growing entertainment client show that each person spends The number of amphitheater approximately$25. indirectly in the marketplace on iconcerts that grossed more than 12 such items as g$,food, beverage,clothing, etc. Based j $1 million reached an on current projections,a conservative estimate would be all-time high last year. - that approximasdy$7,500,000 of revenue from indirect 1 9 9 expenditures would be funneled into the market. . 4 7 4 1 4 3 3 i . 1 2 i . . 1 87 88 89 90 91 92 . Boum:AB Boncoce i • 1 i . Once the operation is up and running it is estimated that Canterbury Downs Amphitheater would provide approximately 400 part-time and full-time employment . I opportunities. As experienced in most entertainment facilities most of the employees would come from a 1 radius of 20 minutes from the site. - — • • - If 10,000 people attended 20 concerts per summer with a- an average ticket price of$17.50, approximately _ , $3,500,000. worth of ticket revenue would be generated - resulting in additional sales taxes. Since plans include z. .- more than just 20 concerts revenues will surpass these - _ figures. . _ - i • - 1 • I E ocu /Amphitheatres rhe Nation's Amphitheatres - • . ave a Broad Message: bySUSANNAMILLER pen-air nce he pinch of recessionary reality grimly anticipated by amphithe- ee s the Talent in View atre operators and n for emerging has p resulted in a season characterized by overall stabilityand an emer n sense of priorities for the next decade.New projects underway underscore the con- . . tinued viability of expansion in the - • 1'. ,. .. S marketplace. \ ti~\ -f Targeting a paucity of top-shelf enter- ; 0- ##e Pace Facilities Group. which says facility owner Iry Zuckerman. I don't have any stats on this. but I the Kent Hill version of the'Phantom tcludes seven amphitheatres in "Riverport was the only one he played do know that we've made every effort of the Opera'with a little Lollapalooza ;lshville. Dallas, Atlanta. Houston. in the country.and it was one of our to let disabled people know that they thrown in." ttsburgh. Raleigh. and Memphis. most incredible shows.Two others will be accommodated here." says Fontana's most immediate priority at fie quality of touring artists was were Eric Clapton and Elton John. Zuckerman of Riverport s ready corn- the Coca-Cola Starplex has been the cellent.and we saw a lot of growth These artists liked what they had pliance with Americans with creation of a total entertainment envi- Idle country music industry. heard about the amphitheatre,so they Disabilities Act (ADA) specifications. ronment for patrons.a goal that mit, ''As far as number of concerts.we're decided to play here." "Our marketing campaign in regard to rors a growing concern on the part of tetty much on line with the last two Zuckerman cites such amenities as that has been pretty upfront,and,as a amphitheatre managers. gars, Eckerman continues. "with plush dressing rooms, separate crew result,I think more people have come "One of our distinctive features is ,erage attendance up. quantity of showers, a satellite dish, work- out to shows here that normally don't having a sound warehouse plaza stage �Cltets. and a lot of premiere artists out/sports facilities, and a covered even attempt to go out." on which we present local bands prior h as Elton John.the Grateful Dead, pavilion area for meet and greets. to every show,so that we're concis my Buffet. Michael Bolton,John These kind of up-to-date specifications Fantastic tently running acts from the time the doors open until the performance begins. Many times, at our blues or llencamp all doing sellout business. are made possible by the shed's recent Fanta/�stic apalooza was also a sellout every- completion in June '91 for$15 mil• 'ere." lion—and by its management's recep- Marketing Always jazz festivals,we'll also run bands dui- The New Pine Knob in Clarkston, tiveness to expert advice. ing intermission,so we could have up it in its second year under the man- "We received a lot of help"from to five acts between sets." ement of The Palace of Auburn friends in different markets. says Deserves Praise Video equipment has become an s,was the busiest amphitheatre of Zuckerman. "and I'd say their input essential component in offering an all season.With a lineup of 88 shows, was instrumental in creating the inclusive entertainment environment, shed attracted more than 660.000 amphitheatre we have.Things like /� t the Coca-Cola Starplex as the 10.800-capacity Garden State sts—an increase of 13 shows and having a covered loading dock that can !� Amphitheatre in Dallas,clever Arts Center in Holmdel. NJ, discov- .000 people over last year—includ- handle 10 semis at once. Many older 1 marketing and responsive ticket ered last year in a pilot project with 18 sellouts. facilities can't accommodate the big- pricing resulted in perhaps the best two screens. Ve're successful because we're very ger shows we're able to:for instance, numbers ever this year.The instant "It went over very well:relates mar- tron and artist-service oriented," in '91, we were one of only two box-office power of top superstars keting coordinator Barbara Movelle, •s facility manager Thomas Trzos. amphitheatres that did Gloria Estefan helped the 20.000-capacity venue drop "so we intend to continue(it)next sea- d because of our diversification of and the Miami Sound Machine con- to 38 shows from 42 last year, but son. Right now, we're looking into nt.with shows for young and old. cert." retain the same attendance of approxi- either purchasing screens ourselves or e have 16 shows for children alone. Other bonuses are more women's mately 400,000. contracting for an outside vendor. I se children will grow up some day restrooms installed than required in "We're down (in performances) imagine we'll have two screens.each be looking for entertainment value the building's code: rigging abilities because of the number of acts that 50'x 30'above the thrust.We're also the marketplace,and they'll remem- from the roof into the audience:video were out on the road,"justifies general hoping to install an assistive listening New Pine Knob." screens: easy accessibility for the manager Larry Fontana. "We had device for the hearing impaired in time physically disabled:and TDD for the everything from Harry Connick to for next season." hearing-impaired. George Strait.from Howie Mandel to etween the • -� 1 -. s— ;, .:3c..„:. _ -- : : • •-+ .r,� \ a •�� y 'w!yi,,-: Hard 3 ti -�� A. r. :` • - t�� - �:'. ocks and a = = � .. usiness Grabber ,may -- . , : . = - . r= s . :. ,. _as . ..f g-cr =- ---^` Y 5 _- lace _ unique advantage of the 9,000- t_ `` �- -- . '� �I� ` a capacity Red Rocks in Denver - �� - contributed to a similarly stellar T'' " - season."We're the only amphithe- `�� • `; �} . built by God."quips Gary Lane. - or of Denver Theatres&Arenas. `; - arding its location between two " i foot high red rocks. one that has -'. , �_ . 4 jt- t itself to filming for commercials • .,such videotapes as L2's"Under a - i ' - '.d Red Sky,"This season's high- ' J // L� - . • t—aside from a 12% increase in j,�/ — 't ti -..'1 gross and attendance—was a �,b -. //� �- oodv Blues/Colorado Symphony l - hestra concert.The show attracted f _ ^F • sellout crowds,and was recorded {, �. ` - i_-3` �-;. s k , later TV broadcast on PBS. •.. - •..?- � Barry Fey.our primary promoter in , : J 1__• ` .ver, really deserves the credit.' _ ' ;1161.- ' ' , • ' `I f.�' Lane."He'd been working on this �`� :;' / /. I .i: _ , - feet for some time. Now there's -iv 4,>-,--.*: *-' • "` some talk about the`foody Blues ;sr « -:.:. ' g an amphitheatre tour next year • �_ .•f y'' `-; /- -- • e on their performances here. �� iA � aso posting higher figures is the i - A00-capacity Riverport Amphithe- .i 2 -..g. •-• ��_ tee- . • --- -in Maryland Heights.MO.up sig- �':,- antly from last year with 41 shows �;t, I �I Vposeti to 34, and 425.000 atten- - — -- 1 n-- ' 7- ace as opposed to last year's —t �. j —�"�► ' j 4•900. "fit a were fortunate to have The 18.861-capacity Pacific Amphitheatre,Costa Mesa.CA.enjoyed a banner 1991.drawing nearly 380.000 total atten- •1 acts that didn't play many other dance 'x:- rPhitheatres. like Garth Brooks." 14411.&MANAGER DeceToer 1992 61 1 ocusIAmphitheatres (early One in total gross sales,will probably break formers as Pentel, Lynyrd Skynyrd are the established groups that have records in food and beverage,and will and Neil Young. been around for years. probably be the largest attendance in Broadcast media have also been a Regarding the 10,000-capacity Oak I1iIlion People the last four years and possibly the growing concern for Hodges."I always Mountain Amphitheatre in Pelham, third largest attendance ever." realized the importance of on-air inter- AL, New Era Productions president ittend views for our artists."he says,"but this Tony Ruffino bemoaned the lack of year we worked it harder.I found tele- acts in 7,500-8.500 range."A lot of the Never Ignore vision to be more effective as a motiva- business done this year was the big tummerfest with tor this year than in the past." shows.It's harder to find the act that's Also in L.A., the 17.965-capacity going to fit a small venue.We're Record Grosses Alsolack- Hollywood Bowl reports a remarkably ing six or seven brand new shows that !eer good season considering the circum- people haven't seen and would be will- stances."We had a less than 1%short- mg to put their money on." sponsorships asrlos Santana played to three fall in ticket sales,"says Steven Belth, I see the perennial favorites like C sellouts;Jimmy Buffet may have director of marketing and communica- Elton John and Jimmy Buffet coming broken a four-day record with a tions for the LA. Philharmonic Assn., back for many years,"asserts Rodney IN 25th annual inSummerfestMilwaukee at gross exceeding $650,000; Jose which manages the Bowl. "And this Eckerman."heir audience continues the 24,000-seat Marcus Carreras broke a one-day record with occurred primarily because our ad to grow.The James Taylor crowd isn't Amphitheatre in approximately$350,000; and Frank campaign was launched three days just people who enjoyed him in the an of 900,000 an Sinatra and Shirley Maclaine broke a before the riots, our box office shut early 70s,but also comes from his hits ;laced a audiencec feecIt foran10 two-day record with a gross exceedingdown for two weeks,and we had the in the late'80s and '90s.And much itaytonal staging areas,includedll 0- S630,000. National Guardsmen stationed here." more important is the vibrant new 0 nal seaters,ta by Miller00Nederlander's 18,861-capacity Pacific Meanwhile, a $50-million bond music scene with acts like Nirvana, ewery, Pabst, and sponsored Heilann Amphitheatre in Costa Mesa is a tiff- issue—the L.A. County Parks and Pearl Jam,the list goes on and on." Show policy also includes a ferent matter. "1991 was not only a Recreation Act—is being processed by "If you look at the charts."counters ewery. train number of free tickets for great year for us but record-breaking L.A. County,$25 million of which is Riverport's Iry Zuckerman, 'it's diffi- ery show. in many respects,"recalls Hodges. "It earmarked for the historic Bowl for cult to find the replacements for some tummerfest is our main event of the was probably the second biggest year major renovation. Improvements will of the mega groups of the'60s and 70s Tamer," explains entertainment in total paid—total attendance was be made in plumbing, electrical sys- that are still playing. Not that there's close to 380,000. tems, sound, improved public access not a Red Hot Chili Peppers in'92,but tor Bob Babisch,"and promoters This year our attendance is down by to comply with ADA requirements, how long will they be around?If some- gin other shows for the rest of the 40%, and our gross sales dollar down and construction of a new stage is also one looked to see what big acts of'82 n.The reason for our great num- 40-to-50%," he continues, "which I planned. are sill big today,you'll see there's not is is simply that the economy hasn't attribute mostly to lack of available General concerns for the future that many replacing the big classic ii.e back and people like bargains. shows that can do 10,000 people or include audience development, culti- names. la time when everybody's been corn- more; a severely depressed economy vating patrons at younger ages.maxi- "I'm thrilled to have a good '92," Laing,we went up 50,000 over last in Orange County,and of course the mizing value, continuing to diversify, Zuckerman adds,"But our real dilem- bcltets are six or seven dollars LA. riots,which affected the entire and creating incentives and promo- ma as amphitheatre producers in the ir tet in,"he notes, "and that}rou greater LA area in terms of altering tions with new slants. One emerging '90s is:How we are going to come up see people like"aBnd for that youlica people's desire to go to public gather- concern is the development of new tal- with alternative,multipurpose sources ings and events." ent. of entertainment to keep bringing peo- Mellencamp—our three best Some of the Pacific Amphitheatre's "Radio has put us in a pretty bad situ- pie in?We can't depend on classic and then a lot of acts that are successes included a blues festival that anon because it hasn't been develop- rock acts to last into their sixties. hitheatre shows in other markets drew 12,000 people and grossed more ing new bands," says Jerry Mickelson Concerts are not the big deal they g on smaller stages like Indigo than $250,000 in sales; 13,000-plus of Jam Productions, promoter for the were 20 years ago, and if we are sin- s, Allman Brothers, Kentucky attendance for Michael Bolton with 30.500-capacity World Music Theater cere promoters and marketers, we dhunters, Reggae Sunsplash. gross sales exceeding$300,000; and in Tinley Park, IL "We hear either need to figure out what people are l'er Frampton, and the Temp- two sellout crowds all the way up to classic rock or the same Top 40 hits. going to lice beyond the act"D Ins." 18,000 seats for the last show of Ozzy As far as the new alternative,we hope .e 18,500-capacity Blockbuster Osboume's final tour.This season also that means something and takes hold, hent Sky Pavilion in Phoenix reports marked the initiation of the outdoor that the demand will be there. But Bch busier summer this year,with curtained, 3,100-seat Pac Amp when you're talking about the bands {ncrease in shows to 40 this season. pavilion,which sold out for such per- that did the biggest business,these i'hink there were quite a few igen acts out on the road,"coin- .� �_ ,_..r_ a-y a ;3i •r, .�h : - iis general manager Janea L ClprkA�I:Leader Am ph itheatre =Acoustics:- started gearing quite a few pro- 'eons toward families this year,Lice ,� „ ___ __. ,......,,.... ,,,..J.,.Y� -1's and kids in free, she says. "7.-.. .--':-.. '� . use we had a lot of acts like Steve .... --. �''��__,.. er, Crosby Stills and Nash, and ,Outgrowing. ConventionalSound� `r ;es Taylor appealing to certain - ,« ^i�"��^+,e. ,.,_ � ,-.>„ '> -?. � ,- •� _ -•n'_._ ographics.We've also been look- A..,-.:.,,� z;:;.,c`,sr--i. c _.- -..--:,....-.1. c ,,_-` .-Er:-.. �.,e,.x:x_ r, .. '';a: - tn work more on tie-ins with differ- radio Holden Scarbrough Acoustics,based in Norwalk,Cr;is active in specifying signal wiring, delay systems, radio stations. acoustics, production logistics and noise abatement techniques for electrical systems in many major outdoor çIX_in he the largest country sta- amphitheatres Blockbuster Desert Sky Pavilion Phoenix Cynthia Kitchell Pavilion Woodlands,TX;blockbuster the U.S. here in 'CharlottePavilion,NC;StarwoodPilon,NashvlleandtheStarplzMusicPavfoninDallas. -she says, "That's very big The sound enhancement design begins upon conception of the amphitheatre Working with architects the firm advises looking at marketing some on such issues as the size and shape of a hail the construction of walls,floors and craTmgs,and the selection of finish ountry jamboree event. materials.The company's acousticians also study psycho-acoustics,such as fight and color,which affect souin- so a strong alternative mar• For the Blockbuster Desert Sky Pavilion,the firm provided a system that features 12 speaker locations pLollapalooza sold out sever• ed�a of the roof.The speakers are focused on the lawn audience to reduce the sound that spills over into adjacent residen- efore the event Even Ham tial areas.A computer-controlled sound mnagement system monitors the pavilion sound levels and records these mea- r. went over great you just surements for each performance. i t do 27 of them in a row." Jaffe Holden Scarbrough also served as acoustical consultant to the 18,000 capacity (13,000 lawn) Ravinia Festival 6,187-seat Greek Theater intthe Pavilion in Highland Park,IL The firm designed a unique sound environment by working with the architects to shape the Angeles, Nederlanden vice pixel- stage platform and design the reflector system above and around the orchestra Alex Hodges reports having one Another project was the 15,000-capacity (10,000 lawn) J.Ralph Corbett Pavilion at the Riverbend Music Center in L.best years,despite myriad obsta- Cincinnati,OH.The firm installed a high-powered sound reinforcement system designed for those seated on the lawn. C reuding s inw me ear earthquakes. �m�features arrays of speakers mounted behind sound-transparent grilles along the pavilion's fascia. he spyup 3_ t probably willor lastthe will urrenmi,Jaffe Holden Scarbrough is in the design phase of a planned mega-amphitheatre in San Berardino,CA,that 'er the first or second highest year December•=Q2 AGENT&MANAGER