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HomeMy WebLinkAbout06/15/1999 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 15, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7.00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes of April 6 and April 7, 1999 *8] Approve Bills in the Amount of$614,576.84 9] Communications: 10] Public Hearings A] Proposed improvements to Vierling Drive from Marschall Road to Miller Street, Project No. 1999-5 -Res. No. 5162 B] Proposed vacation of roadway easement south of TH 169 and east of Marschall Road within the proposed plat of Shakopee Valley Marketplace - Res. No. 5163 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting • 13] Re-convene TENTATIVE AGENDA June 15, 1999 Page -2- 14] Recommendations from Boards and Commissions: *A] Final Plat of Boulder Ridge 3rd, located north of Vierling Dr., east of Sage Lane and west of Marschall Road -Res. No. 5164 *B] Final Plat of Shakopee Valley Marketplace, located east of CR 17.\and north of 17th Avenue-Res. No. 5165 ,_ }. f , *C] Amendment to Stonebrooke Planned Unit Development - Res. No. 5166 *D] Final Plat of Stonebrooke 4th Addition, located east of CR 79 and south of Fairhaven Drive extended-Res. No. 5167 15] General Business A] Police and Fire *1. Bureau of Justice Assistance(BJA)Local Law Enforcement Block Grant *2. Southwest Metro Task Force Fiscal Agent-Res. No. 5173 *3. Acceptance of Resignation from Officer Romaine Drowns B] Parks and Recreation 1. Pool Closure Policy 2. Approval of Pool Consultant Agreement 3. Pool Operations for 1999 - memo on table C] Community Development *1. Transit Tax Levy and Budget-Res. No. 5172 2. Chapter 12 of the City Code, Subdivision Regulations - Ord. No. 552 *3. Pulk Variance Appeal Regarding 4' Side Yard Setback-Res. No. 5171 D] Public Works and Engineering *1. Sidewalk Replacement Panels 2. Approve Plans and Order Ad for Bids for McGuire Circle, McGuire Court and Muhlenhardt Road, Project No. 1999-2 -Res. No. 5169 *3. Sarazin Street, Roundhouse Street Revised Assessment, 1994-10 -Res. No. 5170 E] General Administration *1. Class and Number of Liquor Licenses Ord. No. 551 *2. 1999/2000 3.2 Percent Malt Liquor License Renewals *3. 1999/2000 Wine License Renewals *4. 1999/2000 Intoxicating Liquor License Renewals *5. Application for Intoxicating Liquor Licenses - Sabroso Restaurant 6. FY 2000 Budget Instructions 16] Other Business 17] Adjourn to Tuesday, June 22, 1999, at 4:30 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting June 15,1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the EDA to remove ltd from the consent agenda for individual discussion.Those items removed will be considmedin their normal sequence on the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 4. 4 Approval of Minutes: (I,o a'j 1 q'l q 5. Financial A.)Approval of Bills 6. Other Business: 7. Adjourn • edagenda.doc 1 AdjournedRegular Session �o Shakopee EDA and City Council Vision Shakopee Retreat Burnsville Holiday Inn Nicollet Avenue at 35E Bumsville,MN April 7, 1999 1. Call to Order: As part of the Vision Shakopee welcoming address,Mayor Brekke convened both the adjourned Shakopee EDA and City Council meetings at 8:36 AM. 2. Councilmembers/EDA Commissioners Present: Mayor Brekke, Deb Amundson and Jane DuBois. Council/EDA Absent: Bob Sweeney and Clete Link. Others Present: Vision Shakopee participants. 3. Mayor Brekke welcomed those in attendance to the Vision Shakopee Retreat. He issued three challenges for the day: 1) Be creative 2) Learn from one another 3) Communicate to the community At that time, Mayor Brekke left the meeting,thus eliminating the quorum present. 4. Adjournment: Mayor Brekke adjourned the meeting at 8:45 AM. Minutes Taken By ' 1 J\ �Jll Mark McNeill City Administrator EDA Executive Director S/9 CITY OF SHAKOPEE CONSENT &emorandum �. TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: June 10, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 5/28/99 to 06/10/99 . Action Requested Move to approve bills in the amount of $677 . 08 for the EDA General Fund and $0 . 00 for Seagate. 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Ln H l0 l0 o LT 0 61 0 ".f'W, O 1.0 lN0 lo 1N0 C.) z 0 0 0 0 0101 0101 01 T 01 01 010010 H H H H M CO CO CO W 0 0 0 0 4 10 l010l0 O 0 0 0 0 K K * r-I in LT al H H H H is 0 H : m Mr-INN IX CO Cta 4 0 RS H 0 H H r4 al rn a) H1 0H1 a' Q W o 0 0 o WWHa H al al o) LT 0 0 0 H H H H , A Ln in LO III El El K K E H H ,-I ,-I 0 OK K W HHRH El H K a, OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 6, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Authority Coordinator; and Jim Thomson, City Attorney. The pledge of allegiance was recited. The following items were removed from the agenda: 15.C.2. Authorization to Advertise for Bids for the Joe Schleper Baseball Stadium. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. Mayor Brekke gave the Mayor's Report. Mayor Brekke proclaimed April 11-17, 1999, as Shakopee Library Week. Link/DuBois offered Resolution No. 5080, A Resolution of Appreciation to Dolores Lebens, and moved its adoption. Motion carried unanimously. DuBois/Amundson offered Resolution No. 5094, A Resolution of Appreciation to Howard Heller, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No. 5105, A Resolution of Appreciation to the Citizen Parks and Recreation Task Force, and moved its adoption. Motion carried unanimously. Mayor Brekke read and presented framed copies of the Resolutions of Appreciation to Dolores Lebens and Howard Heller. Certificates were presented to members of the Park and Recreation Task Force. The following item was removed from the Consent Agenda: 15.D.3. Text Amendment to Zoning Chapter Regarding Private Streets and Setbacks- Ordinance No. 544. Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. There was no response. Sweeney/Link moved to approve the Minutes of February 4 and February 8, 1999. (Motion carried under the Consent Agenda). Official Proceedings of the April 6, 1999 Shakopee City Council Page -2- Sweeney/Link moved to approve bills in the amount of$499,989.07. (Motion carried under the Consent Agenda). Mayor Brekke opened the public hearing on the proposed vacation of easements in Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition. Michael Leek explained that Centex Homes has requested consideration for a partial vacation of drainage and utility easements. The vacation is intended to reduce the impact of the easement upon future development. Upon future platting of Outlot H the lots adjacent to these lots will contain similar 5-foot wide easements, ensuring a 10-foot wide utility easement dedication along all lot lines. The Planning Commission has reviewed the request and recommends approval of the vacation. Mayor Brekke asked if there was anyone present in the audience who wished to address the City Council on this matter. There was no response. Mayor Brekke closed the public hearing. DuBois/Amundson offered Resolution No. 5095, A Resolution of the City of Shakopee Vacating Part of a Drainage and Utility Easement Encumbering A in Lot 12, Block 6 & Lot 21, Block 5, Southbridge 1st Addition, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Cncl. Sweeney reported on the recent Shakopee Public Utility Commission meeting and explained that a temporary mobile substation is being considered to serve as a general backup to the system to meet unexpected load requirements. At this point the concern is in meeting the year 2000 Seagate load requirements with the current structures without having to build lengthy feeder lines from the south substation. The bid for the mobile substation was awarded with discussion of the Dean Lake substation site and salt mitigation. He said there are insulators currently in use that can solve the salt problem. A recess was taken at 7:26 P.M. for the purpose of conducting the Economic Development Authority meeting. The meeting was re-convened at 8:08 P.M. Sweeney/Link offered Resolution No. 5096, A Resolution Approving the Final Plat of Pheasant Run Second Addition, and moved its approval. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to remove the Preliminary Plat of Dublin Square Addition from the table. Motion carried unanimously. Official Proceedings of the April 6, 1999 Shakopee City Council Page -3- Michael Leek explained that the revised plan now contains a 32' wide private street running east to west, as opposed to a public street in the first revision. The revised plan has been reduced to 144 dwelling units as opposed to 150 units in the original plat. The platted outlot will also allow a connection to the property to the east if necessary. Another significant change is that the 5- and 6- unit buildings are no longer shown, so a conditional use permit would not be required. Cncl. Link stated that he has continued to meet with Jim Allen and reported that except for a change to a 32 foot wide private street with no parking on either side, nothing has changed. When asked how the public utilities would deal with an outlot connection to a public street, Bruce Loney said a roadway could lead up to this with a public cul de sac and a roadway connection to signify a private drive. He said there would be a definite distinction between the public and private road systems. Steve Albrecht, Englehardt Associates, approached the podium and stated that by showing the outlot going all the way to the end of the property, that lot will be the last to develop, and at that time it can be determined if the roadway is going to be extended to the East. He said there are a lot of options as long as it is platted with those options in the future. When asked about the advantages and disadvantages of granting variances associated with conveying Outlot A as a public right of way, Michael Leek said that there would have to be a request for the variances and the Planning Commission would have to review them consistent with the variance criteria. He said the question is whether the criteria could be met. Steve Albrecht stated that there has been some discussion regarding parking issues and public right of way, and police enforcement to maintain the no parking zone within the Association. The documents could be prepared to allow the City to police private street parking restrictions. He said they would prefer not to go through the variance process and that they would follow the Council's direction. Jim Thomson stated that language could be drafted to address the concerns in the homeowner's documents, including the use of private streets by the public. Cncl. Link stated that Mr. Allen has cooperated and made concessions with redesigning his plat and that he would like to say that the City should go along with the developer. Link/Amundson offered Resolution No. 5097, a Resolution of the City Shakopee, Minnesota, Approving the Preliminary Plat of Dublin Square Addition, and moved its adoption. Link/Amundson moved to amend Resolution No. 5097 by adding Condition No. 9 to read "approval by the City Attorney and staff of the Homeowner's documents relating to parking and access and parking enforcement on Outlot A". Motion carried unanimously. Official Proceedings of the April 6, 1999 Shakopee City Council Page -4- Resolution No. 5097 as amended, carried unanimously. Sweeney/Link offered Resolution No. 5098, a Resolution Approving the Final Plat of Weston Ponds 3rd Addition, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 5099, a Resolution Approving the Final Plat of Prairie Village 4th Addition, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 5100, a Resolution Approving the Final plat of Stone Meadow 4th Addition, subject to conditions, and moved its adoption. (Motion carried under the Consent Agenda). Bruce Loney stated that the Council previously directed staff to review the 4-way stop signage at the intersection of 10th Avenue and Apgar Street to consider the removal of stop signs on 10th Avenue at this intersection. The purpose of this direction was due to the relocation of Apgar Street to Fuller Street south of 10th Avenue. Apgar Street is no longer the collector street in this area and is no longer a County Road. Traffic studies were conducted in 1997, 1998 and 1999. Traffic counts were recently taken again as the area south of Apgar Street is fully developed and there have been changes in commercial developments, particularly the relocation of a major grocery store to CSAH 17. As a result, it has been determined that current traffic volumes do not warrant a multi-way stop sign at this intersection. Notice of the proposed signage change was mailed to residents within a 500 foot radius of this intersection and properties within Prairie View 1st and 2nd Additions. 120 notices were sent and five (5) responses were received. From these responses, three (3) were in favor of leaving the stop signs as is, one (1) was in favor of relocating the 4-way stop signs to Pierce Street and 10th Avenue, and one (1) was in favor of removing the signs on 10th Avenue. Mr. Loney stated that the issue is whether to leave the 4-way stop signs at this intersection since these stop signs have been installed for several years, or to remove the stop signs on 10th Avenue since the 4-way stop condition is not warranted by traffic volumes, per Minnesota Uniform Traffic Control by Mn/DOT. The concerns on removing the stop signs is that the speed on 10th Avenue will increase on 10th Avenue between Adams Street and Fuller Street, pedestrians will have a more difficult time crossing 10th Avenue at Apgar Street, and the residents are used to the four way stop for many years. Pedestrian Crosswalk signage could be added at Apgar Street to alert motorists of the state law, which requires motorists to stop for pedestrians in a crosswalk whether the crosswalk is signed or not. "Traffic Control Change Ahead" signs are also recommended for a minimum of six weeks with flags to alert motorists if the stop signs are removed. Official Proceedings of the April 6, 1999 Shakopee City Council Page -5- Police Chief, Dan Hughes, approached the podium and stated that the police department is concerned about the speed if the stop signs are removed on 10th Avenue. He said enforcement will be increased if the signs are removed. A discussion ensued relating to safety issues in crossing 10th Avenue. Dan Jobe, 511 McDevitt Circle, approached the podium and applauded the City Council for addressing the stop sign issue. He said the traffic volume on 10th Avenue is minimal compared to 1st Avenue and other areas. He said he supported the removal of the stop signs and that these are the experts and the people should listen to them. Norbert Schmitt, 963 Atwood Street, approached the podium and said the reason the stop signs are there is because of an accident that took the life of a youngster some years ago. He also asked if Pierce Street met the criteria for a 4-way stop. Link/DuBois moved to leave the stop signs on 10th Avenue, at the intersection of 10th Avenue and Apgar Street. Motion carried 4-1 with Cncl. Sweeney opposed. A recess was taken at 8:59 P.M. The meeting re-convened at 9:10 P.M. Michael Leek gave a brief history of the variance that was granted in 1977 for the annex of Calvary United Methodist Church at 1st and Market. The variance included a special condition that there would be no entrance on 1st Avenue. The Flood Brothers applied for a building permit which included the provision of doorway exiting to 1st Avenue. Mr. Leek said that it is his interpretation that the intent of the variance was for no vehicular access on 1st Avenue. Mr. Ballard filed an appeal and the Board of Appeals and Adjustments upheld the determination that the variance intended that there be no doorway from the annex to 1st Avenue. The Flood Brothers have since appealed that decision and that is what is on the table for discussion tonight. Gary Flood approached the podium and stated that he would like a door and that the variance condition was directed toward vehicular access. He said he would like to make a handicapped accessible access and this would also improve the esthetics of the building as well as the economic viability of The Wedding Station. Craig Ballard approached the podium and gave the definition of an entrance from OSHA, 1984. He said that Gary Flood was quite aware of the variance when he sold the church and The Wedding Station was informed that they could not have an entrance on 1st Avenue, based on the variance language. His main concern is that a handicapped access would be over 90 feet from the entrance that the Flood Brothers were asking for. He said there is already a handicapped entrance in the back of the building. He said a handicapped space on 1st Avenue would be a hazard. Official Proceedings of the April 6, 1999 Shakopee City Council Page-6- When asked how this would impact him, Mr. Ballard stated that he purchased the church with the understanding that Gary Flood would sell him the attached building. He said he brought The Wedding Station into the church. He said a door wood take away from his parking area which he feels he should be the main benefactor for, and it would decrease his property value. Gary Flood approached the podium and said that the staff feels that the variance restriction was for a driveway. He said he is not asking to get on 1st Avenue, they just want go get from the building to the sidewalk. Craig Ballard approached the podium and stated that Mr. Flood can go east and west. However, he cannot. He suggested that Mr. Flood direct his parking and entrance to his side of the building. Jan Ballard approached the podium and stated that without a variance the building would not be there. She said there is no parking in front and a handicapped parking space in the rear. The building is split into 2 businesses and the actual front entrance is just like the other business on 1st Avenue, with side entrances. When asked how the property came to have two buildings, Michael Leek explained that it stopped being used as a church and the previous owner chose to sell the property in two stages. Gary Flood retained the annexed building with a zero lot line. He said he did not believe that the City Council, in 1977, contemplated that the church would ever be subdivided. He said the annex was something that could potentially generate additional traffic from church activities. Highway 101 was a very busy road in 1977 and he believes that the Council wanted to restrict access of vehicles from 101. He said he did not believe that they intended that no one could exit the front door of the annexed building. Craig Ballard was instructed, when researching this property, to obtain a letter from the County indicating that this was two parcels and not two PID's for tax purposes. Michael Leek stated that based on information that these parcels preexisted as separated entities, the City's current subdivision procedures did not apply in this situation. Mayor Brekke said that in his opinion, the doorway access is warranted and is not restricted based on the condition of the 1977 variance that was granted. Michael Leek said that because the structure is used for separate business that they would be interested in having a separate entrance on 1st Avenue, that they are interested in having a second access from the front and possibly Market Street. They have also indicated an interest in having an additional fire exit. He also stated that staff often uses the term "entrance" interchangeably with the access into a building and to a site. He concluded that the previous Council did not reasonably intend to prevent people from leaving the annex onto the sidewalk on 1st Avenue, and that the concern was related to traffic. He said that "entrances" never refer to doorways and are always talked about in terms of vehicular and pedestrian access. Official Proceedings of the April 6, 1999 Shakopee City Council Page -7- Amundson/Sweeney moved to approve the appeal request of Gary Flood and allow a doorway on the south side of Mr. Flood's building, east of Mr. Ballard's building, on 1st Avenue east of Market Street. There was a general consensus that the phrase "no entrance on 1st Avenue" in the variance was a prohibition on vehicle access and not on a doorway access. Motion carried 4-1 with Cncl. DuBois opposed. Michael Leek stated that as directed by the Council, staff prepared a text amendment to various sections of Chapter 11 and Chapter 12 of the City Code which amendment prohibits private streets within the City of Shakopee. The Planning Commission reviewed the text amendment and recommended approval as proposed. Gary Laurent, Laurent Builders, approached the podium and asked that a small cul de sac remain a private street in the last plat of the Stonebrooke development because without the street being private it would require the removal of older trees and altering the topography, as well as affecting the entrance to an existing residence. He strongly suggested that the Council allow private streets under certain circumstances and argued that this instance is in line with many of the goals that the City is trying to achieve. He also asked that the Ordinance change go into effect after those projects in which applications are in are considered. Gary Laurent stated that the other cul de sacs within the development can be dealt within the rules that govern public streets. He said he would prefer public streets over private streets. The City's maximum grade for private streets is seven and they exceed that by one percent. This would also allow a right of way lesser than 60 feet. The set backs also allow them to deal with the grades better. A discussion ensued regarding other applications which have been received and the residential moratorium. Sweeney/Amundson offered Ordinance No. 544, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, Regarding Private Streets, and moved its adoption. Sweeney/Amundson moved to amend Ordinance No. 544 by adding language stating that this is not applicable to any PUD or Plat application submitted to the City prior to the effective date of this Ordinance. Motion carried unanimously. Main motion, as amended, carried 4-1 with Cncl. DuBois opposed. Official Proceedings of the April 6, 1999 Shakopee City Council Page -8- Mark McNeill explained that several months ago Jon Albinson, of Valley Green Business Park, presented a proposal to purchase the .63 acres of Thrift Store property from the City. At that time approval was given to obtain an appraisal to use as the basis for a sales price. Mr. Albinson also conducted an appraisal. However, the two appraisals were far apart and a review appraisal was conducted and a value of$98,000 was established. A purchase agreement has been prepared by Valley Green's attorney and is being reviewed by the City Attorney. Cncl. Sweeney stated that he had concerns about the City not realizing benefit from the sale. He expressed concern if there are expenses due to environmental issues and the cost of an asbestos analysis. The City Attorney explained that if there is a hazardous condition which is unacceptable to the buyer, the buyer can walk away. However, he said this agreement was not drafted with language which states if a hazardous condition is disclosed the seller would agree to remedy it. He recommended a revision, to go back to a contingency which states this is not acceptable to the buyer. He said this is a business risk which the City needs to decide on. Jon Albinson, Valley Green Business Park, approached the podium and stated that the proposed purchase agreement contains language stating that Valley Green Business Park will contract and pay for an environmental assessment to make sure the land is not contaminated before closing. He said he cannot purchase a contaminated parcel and suggested the City Attorney's language recommendation for the buyer's right to cancel. Jon Albinson stated that it is not uncommon for a city to clean up a contaminated piece of property in order to develop it and place it back on the tax rolls. Assuming that this particular site is not contaminated, he said that this parcel is currently guided and zoned agricultural, and is a non-conforming use by way of the code. He said that if and when the MUSA is expanded in this area the City chooses to re-zone the area around this parcel and the parcel, there is a one acre minimum and it is still non-conforming. Jon Albinson explained that Valley Green Business Park has been working on the development of a corporate center to become a reality in 2000 for three years. This plan includes rebuilding the bluff line and realigning CR 16 and CR 83. He stated that there are two development scenarios. He said if the building is not removed the two proposed office buildings would not become a reality and the result will be a site that will not develop to its highest and best use. There will likely be a building of lesser quality that will pay less taxes. With the building there a right-in right-out could not be negotiated and would leave only one access point to the 13 acres. The other scenario is for Valley Green Business Park to remove the building, close the septic system and do everything to bring the parcel into contiguity with their parcel. Official Proceedings of the April 6, 1999 Shakopee City Council Page -9- A discussion ensued relating to the cost of the property and asbestos removal. Jon Albinson suggested tabling this discussion for one month so that he could perform a Phase I evaluation to determine whether or not there is a problem. Sweeney/DuBois moved to table the sale of the Thrift Store property for one month to allow Valley Green to perform an environmental study. Motion carried unanimously. Sweeney/Link offered Resolution No. 5101, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Sarazin Street, from St. Francis Avenue to Valley View Road Project No. 1993-3, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to accept the low quote received from Visu-Sewer Clean & Seal to televise 30,000 L.F. of main line sanitary sewer at a cost of$0.29 L.F. with payment from the Sanitary Sewer Enterprise Fund. (Motion carried under the Consent Agenda). Sweeney/Link moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Enebak Construction Company, for Southbridge Cove and Southbridge 2nd Addition, as per their letter dated March 30, 1999, (Saturday from 7 a.m. to 5:30 p.m.) and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. Noise exposure is minimized near residential areas, if excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director, and blasting activities, if any, must be done from 8 a.m. to 5 p.m. (Motion carried under the Consent Agenda). Bruce Loney stated that staff was previously directed to form a Parking Committee between County staff, City staff and nearby residents. That committee consists of the following persons: Dan Hughes, Shakopee Police Chief; John Radermacher, Scott County Maintenance Engineer; Mark Wermerskirchen, Resident; Ron Ward, School District Administration Services Director; Jan Murphy, Scott County Personnel Representative; Tom Shaunessy, Resident; and Barb Hobday, Scott County Associate Administrator. The Committee has met three times and the general consensus was to seek voluntary compliance methods before resorting to further restrictions on parking on City streets. They recommend that the County Administrator write a letter on voluntary compliance and strongly encourage participation to utilize parking stalls on Scott County parking lots and on City streets adjacent to the County Campus. They also recommend monitoring parking compliance for three months to determine if voluntary compliance has been successful and no further action is needed or to apply further restrictions in certain areas. After much discussion there was the general consensus that keeping parking on Atwood Street would help alleviate the parking problem of the Scott County Campus. Official Proceedings of the June 6, 1999 Shakopee City Council Page -10- Sweeney/Amundson moved to accept the recommendations of the Scott County Parking Committee on a trial basis. Motion carried unanimously. Sweeney/Link moved to authorize the hiring of Todd Scumacher as a Public Works Maintenance Worker and to be hired at Step 1 ($13.849/Hr.) of the 1999 Public Works Union Pay Schedule effective April 12, 1999, and subject to a successful pre-employment physical and background check. (Motion carried under the Consent Agenda). Sweeney/Link moved to authorize the appropriate city officials to purchase a used 1998 Chevrolet Lumina or similar intermediate size car through Northstar Auto auction for not more than $15,000 including taxes and acquisition fees. (Motion carried under the Consent Agenda). Sweeney/Link moved to authorize the hiring of Angela Trutnau and Erin Lundy to fill the position of community Service Officer at an hourly rate set by Grade A, Step 1, of the 1999 pay plan subject to their satisfactory completion of a background investigation pre-employment medical and psychological examination. (Motion carried under the Consent Agenda). Sweeney/Link moved to approve an increase from thirty-nine($39.00) dollars per hour to forty-six ($46.00) dollars per hour for Shakopee Police Officer contractual overtime. (Motion carried under the Consent Agenda). Police Chief, Dan Hughes, stated that the Police Department is seeking authorization to make application to the U.S. Department of Justice, COPS Office, for a COPS in Schools grant. The primary objective of the grant if to hire additional police officers which will be assigned to work in the school system addressing such issues as gang activity, conflict mediation, mentoring activities, problem solving, truancy, and discipline related to criminal behavior. The School District would particularly like to have a greater police presence in the Senior High School which is currently provided up to 10 hours a week and on a call for service basis. A discussion ensued relating to funding this officer with the likelihood that this position would continue after the grant expires. Police Chief, Dan Hughes, explained that the Council has the option as to whether or not to continue to fund the program through local municipal tax dollars, to share it with the school district, or to discontinue the program. Mayor Brekke recommended meeting with the School District to discuss cost participation and 4th year projections. DuBois/Amundson moved to direct staff to work with the School District and Police Chief, Dan Hughes, to bring back 4th year cost estimates and a cost participation agreement. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 5103, A Resolution Accepting Bids on Vierling Drive, from Fuller Street to the Western Plat of Orchard Park West Project No. 1998-3, and moved its adoption. Motion carried unanimously. Official Proceedings of the April 6, 1999 Shakopee City Council Page -11- Cncl. Sweeney noted for the record that this contract will not involve a great deal of City funds as it is developer driven and funded. Link/DuBois moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services for the City of Shakopee. Motion carried unanimously. Link/Sweeney moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. Motion carried unanimously. Sweeney/Link moved to authorize the hiring of Michael J. Liesenfeld as Facility Maintenance Worker at $11.3399/hr. at Step 1, Grade A of the 1999 Pay Plan, effective April 12, 1999. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 5104, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the Proposed Department 56 Distribution Center Project. (Motion carried under the Consent Agenda). Michael Leek stated that staff was previously directed to look at alternatives regarding large free standing signs. The Planning Commission reviewed the draft ordinance and has made recommendations. Draft Ordinance No. 545 provides for a more consistent and less impacted visual setback from the road by making all signs over three feet high have a consistent setback approximately 25 feet from the curb, no matter how wide the road is paved or how the sign is designed. It also reduces the maximum sign size to 125 square feet versus 150 square feet currently allowed. In addition, it adds a provision requiring free standing and business signs to be at least 75 feet from any adjacent residentially zoned property. The Planning Commission recommended approval. DuBois/Amundson offered Ordinance No. 545, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.70 (Signs), and moved its adoption. Motion carried unanimously. Sweeney/Link moved to direct staff to bring back the necessary documents to implement requiring special assessments payoffs on property splits/new plats and to charge a fee when staff allows an assessment to be split. (Motion carried under the Consent Agenda). Mark McNeill reported that the Board of Review is a five member board and two additional members are needed, and asked for volunteers. Cncls. DuBois and Amundson volunteered to serve on the board. Sweeney/Link moved to appoint Jane DuBois and Deb Amundson to the 1999 Board of Review. Motion carried unanimously. Official Proceedings of the April 6, 1999 Shakopee City Council Page -12- Mark McNeill explained that for several years, the City has had a parking lot in the vicinity of the area north of First Avenue, and east of Fuller Street extended. The publisher of Southwest Suburban Publishing is inquiring as to the availability of that lot for purchase by Southwest, as they are contemplating the possible construction of a new building in the downtown area. The sale of this parking lot was broached earlier by the Downtown Parking committee, at least informally. The Parking Committee's discussion was that, if the parcel could be sold, that money might be used to develop parking in other areas of the downtown which might be more readily utilized. In order to determine what a possible sale price might be, an appraisal of the property should be made. A discussion ensued as to whether there were any restrictions on the parcel. Cncl. Sweeney explained that the majority of restrictions are on the number of parking spaces, and at this time, there are more parking spaces than at the time the municipal parking lots were constructed. The City Attorney stated that to his knowledge there is no deed restriction on this property. DuBois/Link moved to table discussion on the inquiry for the purchase of the City parking lot east of the senior citizen high-rise on 1st Avenue. Motion carried 4-1 with Mayor Brekke opposed. Sweeney/Link moved to approve the "Assignment and Assumption of Developer's Agreements" between Contractor Property Developers Company and D. R. Horton, Inc. for Outlot I, Southbridge 1st Addition and authorized the execution of the "Consent and Release". (Motion carried under the Consent Agenda). Mark McNeill advised that the Council needs to establish dates for a special joint meeting with the Planning Commission to continue work on moratorium issues, and also a workshop meeting to hear presentations from the County Administrator and Suburban Transit Authority. Michael Leek stated that after listening to both joint and separate discussions of the Council and Planning Commission, in his opinion, there are 12 different opinions and suggested that the Council and the Planning Commission, as complete bodies, work through some of the issues and imbalances. He said that without significant input it would be difficult to obtain a consensus. A discussion ensued relating to a small group process to discuss issues and reporting back to a larger group for discussion as a whole. Meetings were set for Thursday, April 29, 1999, for 4:00- 8:00 p.m., and May 18, 1999 at 6:00 p.m. to work on addressing issues and providing direction to staff. Sweeney/Link moved to set a hearing for Tuesday, May 4, 1999, at 8:00 p.m. to review the action of the tobacco licensees: Avanti Petroleum, Inc. dba Total Mart, 234 West 1st Avenue, K-Mart Stores, 1200 Shakopee Town Square, and Twin Cities Stores, Inc. dba Oasis Market #525, 1147 South Canterbury Road. (Motion carried under the Consent Agenda.) Official Proceedings of the April 6, 1999 Shakopee City Council Page -13- Sweeney/Link offered Resolution No. 5106, A Resolution Apportioning Assessments Among New Common Interest Community Parcels within CIC 1024 Prairie Bend, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 5107, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Condominiums of Shenandoah Place, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 5108, A Resolution Amending Resolution Number 3502, A Resolution Establishing A Deferred Compensation Plan for Certain Part Time and Seasonal Employees of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda.) A recess was taken at 11:36 p.m. for the purpose of conducting an executive session to discuss labor negotiations and pending litigation. The meeting was re-convened at 11:57 p.m. and it was noted that no action was taken during the executive session. It was noted that there may be a quorum of the Council in attendance at the Vision Shakopee Retreat tomorrow at the Burnsville Holiday Inn. Sweeney/DuBois moved to adjourn to Wednesday, April 7, 1999, at 8:00 a.m. Motion carried unanimously. The meeting was adjourned at 11:58 p.m. (Iiidith S. Cox City Clerk Esther TenEyck Recording Secretary A L Adjourned Regular Session Shakopee EDA and City Council Vision Shakopee Retreat Burnsville Holiday Inn Nicollet Avenue at 35E Burnsville, MN April 7, 1999 1. Call to Order: As part of the Vision Shakopee welcoming address, Mayor Brekke convened both the adjourned Shakopee EDA and City Council meetings at 8:36 AM. 2. Councilmembers/EDA Commissioners Present: Mayor Brekke, Deb Amundson and Jane DuBois. Council/EDA Absent: Bob Sweeney and Clete Link. Others Present: Vision Shakopee participants. 3. Mayor Brekke welcomed those in attendance to the Vision Shakopee Retreat. He issued three challenges for the day: 1) Be creative 2) Learn from one another 3) Communicate to the community At that time, Mayor Brekke left the meeting,thus eliminating the quorum present. 4. Adjournment: Mayor Brekke adjourned the meeting at 8:45 AM. Minutes Taken By (\\/\ Mark McNeill City Administrator EDA Executive Director 42 CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: June 10, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 06/10/99. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) and Seagate (codes 6654 & 9450 including Canterbury Drive) in the amount of $677 . 08 . Also included in the check list but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $7, 015 . 53 . Action Requested Move to approve the bills in the amount of $614, 576 . 84 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 06/10/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 184 26,071 35 12 CITY ADMINISTRATOR 219,200 426 74,008 34 13 CITY CLERK 201,220 993 73,696 37 15 FINANCE 348,770 3,309 120,312 34 16 LEGAL COUNSEL 269,000 18,349 175,526 65 17 COMMUNITY DEVELOPMENT 751,720 3,314 178,427 24 18 GENERAL GOVERNMENT BUILDINGS 232,230 7,819 76,011 33 31 POLICE 1,930,119 11,387 724,434 38 32 FIRE 618,420 9,699 208,527 34 33 INSPECTION-BLDG-PLMBG-HTG 326,710 3,111 116,105 36 41 ENGINEERING 507,620 10,855 188,042 37 42 STREET MAINTENANCE 827,730 7,062 265,513 32 44 SHOP 145,330 4,655 56,628 39 46 PARK MAINTENANCE 487,090 5,071 158,770 33 91 UNALLOCATED 594,550 -4,841 49,278 8 TOTAL GENERAL FUND 7,533,789 81,393 2,491,346 33 17 COMMUNITY DEVELOPMENT 500,630 15,090 300,282 60 TOTAL TRANSIT 500,630 15,090 300,282 60 19 EDA 403,170 677 34,771 9 TOTAL EDA 403,170 677 34,771 9 ri (1) an CIS R4 _ �a RI a a a a a a a a a a a a a a a a a a a xx xxxxxxxxxx x to i H H H H H H H H H H H H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H H C4 w 7 ow 7 aI 7 H N ,0 Kz0 L 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 H U 7 7 o177017777777777 77 H t0 N OD . , . , . , , 7 , 7 C`N N N N I�N C`N N OD 0 (F���+7"' M M M , ril (r,��,• • Fl oP M , CO OD CO CO OD aD OD CO 0D OD OD 01 op Ln N N N N N P 1.! 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N O N V' U) N l0 Of Of l0 N U) M l0 l� H H C` N M M co Of l0 H l0 N O t? O 1.0 N Of (71 CO 01 M W M O 1.11 t.f) (/). . i/} 5 t? t/} U1 U1 H O H 0 U1 N ' d' H H +? H l0 CO H t? t? H N t? t? H H t/} l0 t/} y} t? w U >1 >1 (� H H Z COL Z 0 h Ill a a w 3 w114 ‘1141 H -z a Cl)11 H Z C)) )) H a Uf Q H RC rx3 C4Ca rC ZH PC H w wp, H w a w 0 W FC a rzc Q F4 aal ai 4 rC H W Z 3 C)) • C.7 O H w a H w H C) Cl) a H Cn w H M d' U1 O N a0 of o 0 o O U) O U O H H H N M d' d' H M al co N d' o H H H .I' d' d' w N N N C c0 m EREEPEREEREEEE U 0 wwwwwwwwwwwwww /O. I'', CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Vierling Drive Improvements, from CSAH 17 to Miller Street, Project No. 1999-5 DATE: June 15, 1999 INTRODUCTION: Attached is Resolution No. 5162, a resolution ordering the improvement and plans and specifications for Vierling Drive, from CSAH 17 to Miller Street,Project No. 1999-5. BACKGROUND: On May 4, 1999, Resolution No. 5121 was adopted and ordered the preparation of a feasibility report for Vierling Drive improvements from CSAH 17 to Miller Street. On May 18, 1999, Resolution No. 5151 was adopted and set a public hearing for June 15, 1999. The improvement for Vierling Drive was initiated by the City Council based upon the plat of Vierling Plaza and proposed K-Mart development. Vierling Drive is a designated major arterial on the City's Comprehensive Plan and Transportation Plan and is currently improved to a four lane undivided urban roadway. The widening of Vierling Drive including turn lanes, concrete median and bituminous trail/concrete sidewalk construction is for traffic control purposes for the commercial traffic adjacent to and nearby Vierling Drive. The City is participating in the cost of the bituminous overlay and lowering of a gas main for the right turn lane on Vierling Drive to the first site entrance of Vierling Plaza. The traffic control signal at Vierling Drive and Marschall Road was installed in 1998. Vierling Drive widening improvements, east of CSAH 17, were deferred until there was more commercial development. The assessments for the widening of the roadway for turn lanes and concrete median are to be assessed 100% to the benefiting properties in commercial zoned areas, as per the City's Assessment Policy. Included with the memorandum, is an amendment to the feasibility report to include the watermain extension across Vierling Drive at Ramsey Street to serve the proposed Vierling Plaza site. Also attached is an extension agreement from WSB & Associates, Inc. for the preparation of plans if this project is approved by Council. Staff will make a presentation of the project at the Council meeting. ALTERNATIVES: 1. Move to approve an amendment to the feasibility report as attached to the memorandum. 2. Deny the motion to approve an amendment to the feasibility report. 3. Adopt Resolution No. 5162,which orders plans and specifications for Vierling Drive, from CSAH 17 to Miller Street, as recommended by the feasibility report and the amendment to the feasibility report. 4. Determine that this project should not be constructed at this time and deny Resolution No. 5162. 5. Move to authorize the appropriate City Officials to execute a consultant extension agreement with WSB & Associates, Inc. for consulting services to complete the plans and specifications for this project. 6. Table for additional information. RECOMMENDATION: Staff recommends Alternative No's. 1, and 5 , to approve the amendment to the feasibility report and adopt Resolution No. 5162 to improve Vierling Drive, from CSAH 17 to Miller Street, as described in the feasibility report with amendment; to include the watermain extension across Vierling Drive at Ramsey Street; and to authorize the execution of an extension agreement with WSB & Associates, Inc. for the design of the project. ACTION REQUESTED: 1. Move to approve an amendment to the feasibility report as attached to the memorandum. 2. Offer Resolution No. 5162, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for Vierling Drive, from County State Aid Highway 17 to Miller Street, Project No. 1999-5 and move its adoption. 3. Move to authorize the appropriate City Officials to execute a consultant extension agreement with WSB & Associates, Inc. for consulting services to complete the plans and specifications for Vierling Drive improvements. Bruce Loney Public Works Director BL/pmp MEM5162 RESOLUTION NO. 5162 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Vierling Drive, From County State Aid Highway 17 (Marschall Road) To Miller Street Project No. 1999-5 WHEREAS, Resolution No. 5151 adopted on May 18, 1999, fixed a date for Council hearing on the proposed improvement of Vierling Drive, from County State Aid Highway 17 (Marschall Road) to Miller Street by street widening, bituminous paving, concrete medians, concrete curb&gutter, storm sewer, street lighting, sidewalk,bituminous trail and any appurtenant work as described in the feasibility report and any amendments thereof; 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 15th day of June, 1999, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is necessary, cost effective and feasible and is ordered as hereinafter described: Vierling Drive, from CSAH 17 (Marschall Road) to Miller Street, as described in the feasibility report with amendment by street widening, bituminous paving, concrete medians, concrete curb & gutter, watermain, storm sewer, street lighting, sidewalk,bituminous trail and any appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1999-5 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk AMENDMENT TO THE FEASIBILITY REPORT VIERLING DRIVE CSAH 17(MARSCHALL ROAD) TO MILLER STREET CITY OF SHAKOPEE SCOTT COUNTY,MINNESOTA June 15, 1999 Prepared by: WSB&Associates,Inc. 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis,MN 55426 (612) 541-4800 541-1700 (Fax) City of Shakopee A Feasibility Report Amendment WSB Vierling Drive N. CSAH 17(Marschall Road)to Miller Street a,m.cra...b. WSB Project No.1172.00 CERTIFICATION I hereby certify that this plan,specification or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. h&'4— . Charles T. Rickart, P.E. Date: June 15, 1999 Reg.No. 26082 I. INTRODUCTION Following the City Council meeting on May 18, 1999,the City staff determined that in order to provide water service to the proposed K-Mart site outlets (Lott) the existing watermain on the north side of Vierling Drive at Ramsey Street would need to be extended across Vierling Drive to the proposed site. II. BACKGROUND The extension of the watermain is required to service the proposed commercial development located east of CSAH 17 (Marschall Road) and south of Vierling Drive. III. PROPOSED IMPROVEMENTS A twelve-inch(12")watermain currently exists and is plugged on the north side of Vierling Drive at Ramsey Street. The proposed project will involve removing the existing plug connecting to the existing watermain, extending the 12" VIP watermain across Vierling Drive to the south right-of-way line where it will be plugged for future connection. IV. ASSESSMENTS The costs associated with the construction of the proposed watermain will be assessed 100% to the Render/Banks limited property located south of Vierling Drive. Attached to this amendment is a revised assessment role based on the addition of the proposed watermain extension. V. PROJECT COST A detailed opinion of probable cost with the addition of the watermain extension is attached to this amendment. The opinion of probable costs includes a 10% contingency factor and a 25% indirect cost factor. The following is a breakdown of project costs that are proposed to be assessed and the city costs of the project: Assessed Costs $223,025 City Costs (50% Overlay) $6,932 City Costs (Gas Main Lowering) $14,000 Total City Costs $20,932 Total Costs $243,957 City of ShakopeeA Feasibility Report Amendment WSB Vierling Drive— CSAH 17(Marschall Road)to Miller Street Q A.mdaua n,. WSB Project No. 1172.00 Page 1 VI SCHEDULE The project Scheduled as outlined in the original feasibility report will not change as a result of this amendment. VII. CONCLUSIONS AND RECOMMENDATIONS This amendment finds that the proposed improvement extending the watermain across Vierling Drive to the proposed development area should be completed at this time with the proposed roadway improvements on Vierling Drive. It is the recommendation of WSB&Associates,Inc.that this project is feasible,necessary, and cost effective from an engineering standpoint. We recommend construction of the proposed improvements as detailed in this report. City of Shakopee WSB Feasibility Report Amendment 1,4/SB Vierling Drive a CSAH 17(Marschall Road)to Miller Street Q Assedaoar.Ina WSB Project No. 1172.00 Page 2 Proposed-Assessments Vierling Drive-CSA: II7(MtuschallRoad)to Miller Street Total PID # Owner Legal Acreage Roadway Watermain Assessment Description Cost Cost 27-907015-1 Render/Banks Limited Section 7 T115 R22 17.15 $162,301.04 $6,045.00 $168,346.04 Partnerships Property NE 1/4 SE 1/4 Lying (74.8%) I 5120 Edina Industrial Blvd I S of CL of Vierling Edina MN 55435 � Dr.Ex Hwy. _ 27-177001-0 First National Bank of Chaskai Lot 1 Block 1 E N 1.86 $17,575.38 ' $0.00 $17,575.38 301 Chestnut Street 343. 12'Parkview 1St (8.1%) Chaska MN 55318 Addition 27-177002-0 Dalles Properties Lot 2 Block 1 0.68 $6,509.40 $0.00 $6,509.40 606 Barrington Drive ; Parkview 1" (3.0%) Shakopee MN 55379 Addition 27-177001-1 Shakopee Valley LLC N 343. 12'of Lot 1 1.83 $17,358.40 $0.00 $17,358.40 %Central Group Co Block 1 (8.0%) 2700 1St Street N Parkview 1S` St Cloud MN 56303 Addition 27-177018-0 Amcon Shakopee LLC Lot 1 Block 2 1.39 ' $13,235.78 $0.00 $13,235.78 208 Hwy 13 West Parkview 1" (6.1%) Burnsville MN 55337 Addition Total 22.91 $216,980.00 $6,045.00 $223,025.00 City of Shakopee A Feasibility Report Amendment WSB Vierling Drive— CSAH 17(Marschall Road)to Miller Street &Asradaos.kte WSB Project No. 1172.00 Page 3 Preliminary Schedule I WSB Project: Vierling Drive:CSAH 17 to Miller Street Design By: JBB Project Location:City of Shakopee Checked By: CTR WSB Project No:1172.00 Date: 10-Jun-99 Engineers Opinion of Probable Cost ROADWAY IMPROVEMENTS Project Total C.P.1999-5 Line Item Unit Estimated Estimated No. Number Description Unit Price Quantity Cost 1 2 2021.501 'MOBILIZATION LS #VALUE! 1.00 3652.23 3 2102.502 PAVEMENT MARKING REMOVAL LF 0.50 1000.001 500.00 i 4 2104.501 REMOVE CURB AND GUTTER LF 2.60 2060.00 5356.00 5 2104.503 REMOVE CONCRETE WALK SF 0.40 3900.00' 1560.00 6 2104.509 REMOVE DRAINAGE STRUCTURE EACH 200.00 2.00 400.00 7 2104.503 SAWING BIT PAVEMENT(FULL DEPTH) LF 2.90 2100.001 6090.00 - - t 8 2105.501 COMMON EXCAVATION � CY 1.55 849.00 1315.95 9 2105.507 SUBGRADE EXCAVATION CY 1.55 1062.00 1646.10 10 2105.521 1GRANULAR BORROW(CV) CY 8.00 327.00 2616.00 11 2105.522 SELECT GRANULAR BORROW(CV) CY 1 9.15 772.00 7063.80 12 2123.610 STREET SWEEPER(WITH PICKUP BROOM) HOUR 75.00 4.00 300.00 13 2211.503 AGGREGATE BASE CLASS 5 TON 6.20 1303.00 8078.60 14 2340.508 I TYPE 41 WEARING COURSE MIXTURE(WIDENING) j TON 29.50 255.00 7522.50 15 2340.508 TYPE 41 WEARING COURSE MIXTURE(OVERLAY) TON 29.50 470.00 13865.00 16 2340.510 TYPE 31 BINDER COURSE MIXTURE TON I 26.30 36.001 946.80 17 2340.514 TYPE 31 BASE COURSE MIXTURE TON 29.00 328.001 9512.00 18 2357.502 BITUMINOUS MATERIAL FOR TACK COAT L 0.27 1868.00, 504.36 19 2503.541 118"RC PIPE SEWER DESIGN 3006 CL IV LF 33.00 30.00! 990.00 20 2506.502 !CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH 700.00 2.00 1400.00 • 21 2506.516 CASTING ASSEMBLY EACH 510.00 2.00' 1020.00 22 2521.501 4"CONCRETE WALK SF 2.40 5550.00 13320.00 23 2521.501 10"CONCRETE WALK SF 4.70 84.00 394.80 24 2521.511 3"BITUMINOUS WALK SF 1.10 4000.00 4400.00 25 2531.501 1 CONCRETE CURB&GUTTER DESIGN B6I8 FT 11.00 2100.00 23100.00 26 2531.503 CONCRETE MEDIAN SY 16.00 753.00 12048.00 t 27 2563.601 TRAFFIC CONTROL LS #VALUE!_ 1.00 2921.78 28 2564.531�,SIGN PANELS TYPE C SF 21.00 45.00 945.00 Engineers Estimate Preliminary Schedule I WSB Project: Vierling Drive:CSAH 17 to Miller Street Design By: JBB Project Location:City of Shakopee Checked By: CTR WSB Project No: 1172.00 Date: 10-Jun-99 Engineers Opinion of Probable Cost ROADWAY IMPROVEMENTS Project Total C.P.1999-5 Line Item Unit Estimated Estimated No. Number Description Unit Price Quantity Cost I 29 2564.602 1PAVEMENT MESSAGE(LT ARROW)POLY PREFORM EACH 360.00 3.001 1080.00 30 1 2564.602 1 PAVEMENT MESSAGE(RT ARROW)POLY PREFORM EACH 360.00 3.001 1080.00 31 2564.603 i4"SOLID LINE WHITE-EPDXY LF 1.40 3590.00' 5026.00 32 2564.603 1l4'BROKEN LINE WHITE-EPDXY I LF 1.40 1520.00,1 2128.00 33 2564.603 4"SOLID LINE YELLOW-EPDXY LF 1.40 1560.00' 2184.00 34 2564.603 4"DOUBLE SOLID LINE YELLOW-EPDXY LF 2.90 260.00' 754.00 35 2564.603 24"SOLID LINE YELLOW-EPDXY LF 6.10 40.00 244.00 36 2575.505 :SODDING TYPE LAWN SY 2.10 3973.00 8343.30 37 2575.532 I COMMERCIAL FERT ANALYSIS 20-20-10 LB 5.00 71.00', 355.00 TOTAL CONSTRUCTION ROADWAY I $ 152,663 10%CONTINGENCY $15,266 SUBTOTAL $ 167,930 25%LEGAL,ENGINEERING,ADMINISTRATION $41,982 GAS MAIN LOWERING $28,000 GRAND TOTAL ROADWAY $ 237,912 WATERMAIN IMPROVEMENTS Project Total C.P.1999-5 Line Item Unit Estimated Estimated No. Number Description Unit Price Quantity Cost 1 2504.602 CONNECT TO EXISTING WATERMAIN EACH 350.00 1.00 350.00 2 2504.603 12"DIP WATERMAIN CLASS 52 LIN FT 23.00 125.00 2875.00 3 2504.620 !DIP FITTINGS LBS 1.00 85.00 85.00 4 2211.503 1 AGGREGATE BASE CLASS 5 TON I 6.20 48.00 297.60 5 2340.508 I TYPE 41 WEARING COURSE MIXTURE TON 29.50 12.00 354.00 6 2340.514 1TYPE 31 BASE COURSE MIXTURE TON 29.00 15.00 435.00 TOTAL CONSTRUCTION WATERMAIN $ 4,397 10%CONTINGENCY $440 SUBTOTAL $ 4,836 25%LEGAL,ENGINEERING,ADMINISTRATION $1,209 GRAND TOTAL WATERMAIN $ 6,045 Engineer's Estimate ;14 flT"I CHIlli - ——•I.. .. .. ... : ; ! 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I- --- - .--:-•-- - sFi ' ! •••••I - I 1 ! i I 1 1 >< ...0 ' ! ; ; I i • I 1... . . • • 1 I : :Li.' ; . . .. • • 3 ' Cn . tz. , ....,, ..-- rn co ................... " - 4— ..-- all . ...... . ,. ..........„._ 0 CV CO 4111 7--- ;,•• .-.)- .... „ „. .....„...,-..:-...,,,.....„-,. ";;'";--- """ ------• •;,), ...-1 - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSJ? 8441 Wayzata Boulevard Peter R.Willenbring,P.E. Minneapolis, MN 55426 DonaldW. ,P.E. Ronald B.. Bray,P.E. 411.1.1.1M 612-541-4800 &Associates, Inc. FAX 541-1700 June 10, 1999 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services Vierling Drive -CSAH 17 (Marschall Road)to Miller Street WSB Project No. 1172.20 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work as detailed on the attached scope of services, Exhibit"A". The attached work plan describes the approach and tasks proposed to be completed by WSB. It should be noted that the work plan includes engineering design. Payment of services would be completed by the following schedule: Engineering Design Fee (cost-reimbursable; not to exceed) $19,200 It is proposed that all work under the contract would be considered complete after the preconstruction conference. The construction management phase would be initiated after the preconstruction conference. We are available to begin work plan as soon as authorized by the City,and we anticipate to complete the project according to the following schedule, assuming that we receive the notice to proceed on June 15, 1999. We would propose to complete the project according to a tentative schedule noted as follows: Public hearing June 15, 1999 Order plans and specs June 15, 1999 Receive plans and specs/Order ad for bid July 20, 1999 Receive bids August 13, 1999 Award contract August 17, 1999 Begin construction August 25, 1999 Substantial construction completion Fall, 1999 Minneapolis • St . Cloud Infrastructure Engineers Planners F.fWPWIMl 171.101oney061099.kdupd EQUAL OPPORTUNITY EMPLOYER Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee Shakopee, MN June 10, 1999 Page 2 The City of Shakopee agrees to reimburse WSB & Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSB &Associate , Inc. Z)i—A-% — Bret A. Weiss, P.E. City Administrator Vice President City Clerk Mayor Date kd F WI.W7N 1172.20'/ong061099 kdwpd Exhibit A Vierling Drive - CSAH 17 (Marschall Road) to Miller Street City of Shakopee, MN WSB Project No. 1172.20 WORK PLAN • Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets, and correspondence with the City of Shakopee on a periodic basis. The project manager will provide technical direction on all aspects of the project,review all work products,and prepare monthly progress reports. The project manager will serve a primary role in the many design considerations. • Data Collection All available data will be collected from the City,Scott County,Mn/DOT,private utility companies, and adjacent developers as necessary,to prepare the construction documents. • Soils Report Soils information will be used from previous construction and adjacent developers. • Construction Plan/Bidding Documents The construction plans/bidding documents phase includes the bulk of our effort on the project. some of the activities associated with this phase and included in the project fee are as follows: Description of the Project It is our understanding that the project, as outlined in the feasibility report, includes the following activities: Surface improvements including all street-related issues on Vierling Drive and Marschall Road(CSAH 17). Storm sewer adjustments. Street lighting(to be coordinated with SPUC). Watermain extension(to be coordinated with SPUC). Final Design This phase will include the development of bidding documents as necessary to facilitate construction, as well as receive the necessary agency approvals. Preparation of these documents includes, but is not limited to,the following tasks. Preparation of cross-sections at 50-foot intervals. 50-scale plan and profile sheets for street construction, and storm sewer construction. Erosion control/landscaping. - Traffic control. Specification t F:\WPW1M II72.10'ExhA.wpd Exhibit A Vierling Drive - CSAH 17 (Marschall Road) to Miller Street City of Shakopee, MN WSB Project No. 1172.20 WSB will utilize the standard City of Shakopee specification and details. Project- specific items will be addressed in a special provision section, as well as a supplementary general condition section. Watermain plan. • Permits All necessary permits will be acquired as a part of the construction plan preparation. The cost of the permits would be paid by the City of Shakopee. • Project Bidding Upon approval of the bidding documents by the City,WSB will distribute the necessary number of plan sets to the City for distribution. WSB will bill the City for the expenses of the plan printing. If requested, WSB will sell the plan sets to prospective bidders and will not refund that deposit to the unsuccessful bidders. In this case,the City would not be billed for the plan printing. • Construction Management/Observation This will be addressed at the time the project is awarded. • Record Drawings These will be completed on a cost-reimbursable basis upon completion of the project. 2 F.•WPWIMI171.201ExhA.wpd JUN-11-1999 13:38 REALTY HOUSE 612 844 1520 P.02/02 /0 • A. Mr Bruce Loney 6/11/99 City of Shakopee, Public Works Dear Bruce, Render-Banks Limited Partnership, the owner of the parcel of land located at the Southeast corner of Marschall Road and Vierling Drive, hereby requests that the watermain be extended south across Vierling Drive near Ramsey Street to serve the Westerly portion of our property while the Vierling Drive roadway reconstruction is taking place. We agree to accept the cost of bring the waterniain across Vierling Drive as part of our special assessments. dr cerely, ig es ' ender, President render Development, Inc. the General Partner of Render-Banks Limited Partnership. TOTAL P.02 0 , 6, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Vacation of Roadway Easement in Shakopee Valley Marketplace DATE: June 9, 1999 INTRODUCTION& DISCUSSION Oppidan Investment Co. has requested the vacation of roadway easement within the proposed Shakopee Valley Marketplace. The vacation is being requested due to the development of the property and the construction/utilization of other roadways. Therefore,this easement does not serve any public purpose. Other agencies, city departments and utilities have been notified of the proposed vacation, and no comments adverse to the request have been received. ALTERNATIVES 1. Approve Resolution No. 5163 Vacating a Roadway Easement in Sections 7 and 18, Township 115, Range 22, Scott County,Minnesota. 2. Do not approve Resolution No. 5163. 3. Table the decision for additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission has reviewed the proposed vacation at its June 3, 1999, meeting and has recommended approval of the vacation. ACTION REQUESTED Offer and pass Resolution No. 5163 Vacating a Roadway Easement in Sections 7 and 18, Township 115, Range 22, Scott County, Minnesota. / Julie Klima Planner II is\commdev\cc\1999\ccO615\vacsvmp.doc RESOLUTION NO. 5163 A RESOLUTION OF [HE CITY OF SHAKOPEE VACATING ROADWAY EASEMENT WITHIN SECTIONS 7 AND 18,TOWNSHIP 115, RANGE 22, SCOTT COUNTY,MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that a roadway easement within Sections 7 and 18, Township 115,Range 22, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of June, 1999; and WHEREAS,two weeks published notice has been given in the SHAKOPEF, VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be herd on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF 1HE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest and 2. That the following roadway easement located in Sections 7 and 18, Township 115, Range 22, County of Scott, State of Minnesota, serves no further public need, are hereby vacated and are depicted and described on attached Exhibit A. 3. After the adoption on this Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Jon P.Brekke,Mayor of the City of Shakopee ATTEST: PREPARED BY: City of Shakopee 129 S.Holmes Street Judith S. Cox, City Clerk Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of Roadway Easement MEETING DATE: June 3, 1999 Site Information Applicant: Oppidan Investment Co. Site Location: Southeast corner of County Road 17 and Highway 169, north of 17th Avenue Current Zoning: Highway Business(B 1) Adjacent Zoning: North: Highway 169 South: Office Business(B2)/PUD Overlay#6 (St. Francis Hospital) East: High Density Residential(R3) West: County Road 17 1995 Comp. Plan: Commercial MUSA: The site is within the MUSA boundary Introduction The City Council received a request from Oppidan Investment Co.. to consider the vacation of a roadway easement located within the proposed Shakopee Valley Marketplace plat. Discussion The purpose of this request is to eliminate an easement that will not be used. An easement currently exists on the site as depicted in Exhibit A. Due to the pending development on the site, other roadways are proposed for construction, therefore eliminating the need and any public purpose for a roadway easement through the property. The City Council will hold a public hearing on June 15, 1999, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Other agencies, city departments and utilities have been notified of the proposed vacation, and no comments adverse to this request have been received. Maps indicating the location and proposed vacation are attached for your review. Alternatives: 1. Recommend to the City Council the approval of the vacation of the roadway easement located in Shakopee Valley Marketplace. 2. Recommend to the City Council denial of the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1,the City Council approval of the vacation of the roadway easement located in Shakopee Valley Marketplace. Action Requested: Offer and pass a motion recommending approval of the vacation of the roadway easement located in Shakopee Valley Marketplace. I � Ju 1- Klima Pi ner II Bcommdev\boas-pc\1999\0603\vacopp.doc /_ / 1:1 Q d CO N Cl AO `l• rn .. 'Xi0.1 cu to o O > ai` a -. co M Cl O D O to D•to O f•I 0) O) a) ' IA I v 0, rn .4_)•.< ... p y U 0 a) O a) a) 01 (n L) O N N N a) N C (� p 01 ..r U) .. .1 It fsQ V) C (n 0) 0) co to U C~ °�° COfir Z av ° T `I.) 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'ars•s,/139.m10 //--- — - - �/ • \►/139•h 19[/IN 0 041 1••M co ooZ Z W II ONVP' 1ch=Z V 7 o R, 0a /51. ff• iiCITY OF SHAKOPEE CONSEN Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Boulder Ridge 3rd Addition DATE: June 15, 1999 Discussion Sand Companies is requesting Final Plat approval of Boulder Ridge 3rd Addition. The subject site is generally located north of Vierling Drive and west of County Road 17, east of Sage Lane. A copy of the June 3, 1999,Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Boulder Ridge 3rd Addition, subject to conditions recommended by the Planning Commission and staff 2. Revise the conditions of approval for the Final Plat of Boulder Ridge 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Boulder Ridge 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Boulder Ridge 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5164, a Resolution Approving the Final Plat of Boulder Ridge 3rd Addition, subject to conditions, and move its approval. Julie Klima Planner II i:\commdev\cc\1999\cc0615\fpbldrg3.doc RESOLUTION NO. 5164 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING IRE FINAL PLAT OF BOULDER RIDGE 3RD ADDITION WHEREAS, Sand Companies is the applicant and owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Lot 2, Block 1, boulder Ridge, Scott County, Minnesota, according to the plat thereof on file or of record in the office of the County Registrar and Lot 2, Block 3, Boulder Ridge, Scott County, Minnesota, according to the plat thereof on file or of record in the office of the County Registrar and Oudot A, Boulder Ridge Second Addition, Scott County, Minnesota, according to the plat thereof on file or of record in the office of the County Registrar. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Boulder Ridge 3rd Addition on June 3, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat of Boulder Ridge 3rd Addition is hereby approved subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii. Installation of storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iv. The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. v. Easements shall be added to the plat, for all public improvements, and as required by City Code vi. Park dedication fees shall be deferred to the issuance of building permit. Park dedication fees shall be paid consistent with the amount specified in the City's Fee Schedule in place at the time of building permit issuance. A. Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities, prior to the commencement of construction. B. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. C. A utility easement shall be provided over all of Outlot A. D. The cover page shall be revised to include a signature block for the Chair of the Planning Commission. E. A street name consistent with the City's street naming policy shall be provided to the City. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Boulder Ridge 3rd Addition MEETING DATE: June 3, 1999 • REVIEW PERIOD: May 7 - July 6, 1999 Site Information Applicant/Owner: Sand Companies, Inc. Location: West of County Road 17 and North of Vierling Drive Current Zoning: Medium Density Residential (R2) Adjacent Zoning: North: Urban Residential (R-1B)Zone South: Highway Business(B 1)Zone East: Highway Business(B1)Zone West: Urban Residential (R-1B)Zone 1995 Comp. Plan: Medium Density Residential Area: 8 acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Boulder Ridge 3rd Addition Final Plat Map Exhibit C: Boulder Ridge 3rd Addition Preliminary Plat Introduction Sand Companies, Inc. is requesting approval of the Final Plat for Boulder Ridge 3rd Addition. This development is generally located north of Vierling Drive, west of County Road 17 and west of Sage Lane (Exhibit A). This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat. Considerations 1. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval. 2. Building site plans, setbacks, materials, and landscaping will be reviewed by the Building Official, City Planner, and City Engineer at time of individual building permit application. 3. The City Clerk has commented that the cover page of the final plat will need to be revised to include a signature block for the Chair of the Planning Commission. Staff has incorporated this recommendation into the conditions of approval. 4. A street name for Outlot A will need to be provided to City staff prior to the release of the Final Plat for execution. Alternatives 1. Recommend to the City Council approval of the Final Plat of Boulder Ridge 3rd Addition, subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii. Installation of storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iv. The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. v. Easements shall be added to the plat, for all public improvements, and as required by City Code vi. Park dedication fees shall be deferred to the issuance of building permit. Park dedication fees shall be paid consistent with the amount specified in the City's Fee Schedule in place at the time of building permit issuance. A. Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities, prior to the commencement of construction. B. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. C. A utility easement shall be provided over all of Outlot A. D. The cover page shall be revised to include a signature block for the Chair of the Planning Commission. E. A street name consistent with the City's street naming policy shall be provided to the City. 2. Recommend to the City Council approval of the Final Plat of Boulder Ridge 3rd Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Boulder Ridge 3rd Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Boulder Ridge 3rd Addition, subject to the conditions. Action Requested Offer a motion recommending to the City Council the approval of the Final Plat of Boulder Ridge 3rd Addition with conditions. 4JGCC,tz� ulie - Klima Planner II is\commdev\boaa-pc\1999\0603\fpblydg3.doc EXHIBIT A r _ IE-- I 1 11 I I Ii EfilA1 1 I : r 1E 4,*+1 * 1111111/ M� 1111 i&� 1M Mill WPM' \11111IIP .11�\ 11111 6 ���;' R 1 B ►Ir1111 ��IE :�ilo W/ ��Gtom. . ��. �������1 yip 0. � e %�� '���i� 1�, ��������OA'■ • ��I ro 'wig°, • •-0/4444 I 6-4AWA R3 = ■■■■■■■■■■■■Nag II �V��r�al ay �� 111/11 r1■11 ■■■■■IIIW2 mum gr. wilw gruff /u 1\t� � al Rii �waria��OP% - I -14 1�i g Drrg M Ow gni mg mra os neo..-11 OM O relk w 40 IT IN wale' 'VAC mins 1 Imminijimmi Is a IN ow illt? 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The subject site is generally located north of 17th Avenue, east of County Road 17, and south of Highway 169. A copy of the June 3, 1999,Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Shakopee Valley Marketplace, subject to conditions recommended by the Planning Commission and staff 2. Revise the conditions of approval for the Final Plat of Shakopee Valley Marketplace, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Shakopee Valley Marketplace. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Shakopee Valley Marketplace, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5165, a Resolution Approving the Final Plat of Shakopee Valley Marketplace, subject to conditions, and move its approval. lie Klima Planner II i:\commdev\cc\1999\cc0615\fpshvlmp.doc RESOLUTION NO.5165 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF SHAKOPEE VALLEY MARKETPLACE WHEREAS, Oppidan Investment Co., applicant and Eugene Hauer, Sharron Bernhagen, and Eileen Kerkow, owners of said property have filed an application for Final Plat approval with the City of Shakopee; and WHEREAS, according to the 1999 tax records of the Scott County Treasurers Office, the property upon which the request is being made is identified by the property identification numbers and is legally described as follows: PID No. 27-907040-0: The South 8 feet of the Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County,Minnesota PID No. 27-907013-0: That part of the Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota lying southerly of the plat of Minnesota Department of Transportation Right of Way Plat No. 70-5; Except the South 8.00 feet of the Southeast Quarter of the Southeast Quarter of Section 7 PID No. 27-918019-0: The North 8.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County,Minnesota PID No. 27-918007-0: The South 330.00 feet of the West 450.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota PID No. 27-918008-0: The North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota, Except the North 8.00 feet of said North Half and also except the South 330.00 feet of the West 450.00 feet of said North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County,Minnesota WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Shakopee Valley Marketplace on June 3, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Shakopee Valley Marketplace is hereby approved subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement with provisions for Plan A and Plan B improvements. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. e) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. f) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. h) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the north side of 17th Avenue along the southern boundary of the plat. i) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on south boundary of the plat. j) Signed petition for Plan B improvements. k) Park Dedication fees shall apply to this plat in the amount of$3880. per acre. These fees may be deferred to the issuance of building permit for each lot. If the fees are deferred to the issuance of the building permit, fees shall be charged according to the fee schedule in place at the time of building permit issuance. I) The shared access/driveways between all lots shall be approved subject to a property owners association or a maintenance agreement for the access/driveway being executed designating the party responsible for maintaining the access/driveway, and granting that party the right to assess all properties benefiting from the access/driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the access/driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. m) Cross easements shall be required to ensure access is provided to Lot 1,Block 1 due to the fact that it is not provided access from the public roadways that it fronts. n) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. o) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. p) The developer shall pay existing levied special assessments. q) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; r) Additional right-of-way dedications shall be added to the final plat drawings, as recommended by the City's traffic consultant and the City Engineer, in order to accommodate the re-design of CSAH 17 and 17th Avenue; and s) An agreement shall be reached regarding participation of the costs for the improvements required for CSAH 17 and 17th Avenue. t) Signatures of all the property owners shall be provided on the final plat application. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Shakopee Valley Marketplace MEETING DATE: June 3, 1999 REVIEW PERIOD: May 7 - July 6, 1999 Site Information Applicant: Oppidan Investment Co. Property Owners: Eugene Hauer,Eileen Kerkow, and Sharron Bernhagen Location: Southeast corner of County Road 17 and Highway 169, north of 17th Avenue Current Zoning: Highway Business(B 1) Adjacent Zoning: North: Highway 169 South: Office Business(B2)/PUD Overlay#6(St. Francis Hospital) East: High Density Residential(R3) West: County Road 17 1995 Comp. Plan: Commercial Area: 31 acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Shakopee Valley Marketplace Final Plat Map Introduction Oppidan Investment Co. is requesting approval of the Final Plat for Shakopee Valley Marketplace. This development is generally located at the southeast corner of Highway 169 and County Road 17 (Exhibit A). This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat. Considerations 1. Building site plans, setbacks, materials, and landscaping will be reviewed by the Building Official, City Planner, and City Engineer at time of individual building permit application. 2. The dedication language on the cover page of the final plat will need to be revised to include the dedication of all streets, avenues, and roads. Staff has incorporated this recommendation into the conditions of approval. Alternatives 1. Recommend to the City Council approval of the Final Plat of Shakopee Valley Marketplace, subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement with provisions for Plan A and Plan B improvements. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. e) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. f) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. h) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the north side of 17th Avenue along the southern boundary of the plat. i) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on south boundary of the plat. j) Signed petition for Plan B improvements. k) Park Dedication fees shall apply to this plat in the amount of$3880. per acre. These fees may be deferred to the issuance of building permit for each lot. If the fees are deferred to the issuance of the building permit, fees shall be charged according to the fee schedule in place at the time of building permit issuance. I) The shared access/driveways between all lots shall be approved subject to a property owners association or a maintenance agreement for the access/driveway being executed designating the party responsible for maintaining the access/driveway, and granting that party the right to assess all properties benefiting from the access/driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the access/driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. m) Cross easements shall be required to ensure access is provided to Lot 1, Block 1 due to the fact that it is not provided access from the public roadways that it fronts. n) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. o) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. p) The developer shall pay existing levied special assessments. q) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; r) Additional right-of-way dedications shall be added to the final plat drawings, as recommended by the City's traffic consultant and the City Engineer, in order to accommodate the re-design of CSAH 17 and 17th Avenue; and s) An agreement shall be reached regarding participation of the costs for the improvements required for CSAH 17 and 17th Avenue. t) Signatures of all the property owners shall be provided on the final plat application. 2. Recommend to the City Council approval of the Final Plat of Shakopee Valley Marketplace with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Shakopee Valley Marketplace. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Shakopee Valley Marketplace, subject to the conditions. Action Requested Offer a motion recommending to the City Council the approval of the Final Plat of Shakopee Valley Marketplace, with conditions. ulie Klima Planner II is\commdev\boaa-pc\1999\0603\fptarget.doc . - ._ exi-11.51-r A vt V 4.41 0 I" iit, ----______ -...-- 0: = ‘'idr-— 1 4 B1 \I.:1_inE Iji_i_. _ ___ lob cti 0 ___ ___ • vI" B1 B RZ % R1B rrr i� fitimi B1 `` ST1-1169 AG R3 _ r AG AG f` R3 a u ® ,,;� ® ti :,KR1B R3 0 � CO / � � ____ ilii s� �� L � � y� , w w��.� i Pliiall N SHAKOPEE %�� E COMMUNITY UNmr PRIDESINCE 1857 S Proposed Shakopee Valley Marketplace FP 1 Parcels.shp 0 Zoning.shp 05/10/99 - vo 0— lii • W ,. a in I ( gi) N n O EI H W r° ° i a i SU I bf5 I a gib ` I b o • 1 5 0 i a 5 $58 a ' c a s 5 1,2 SI p 3t I I E 0,,_... S `o b bi 1 5 0 nb S ° ° o a I 'E g e 13 r 1 8 ° m1 a d o o ` m n ° 5 1 t°b E 5 a CI OI5Qg g n S sod s g ° °p ° C O I .DRi a _ 5 o ° 6i 5Etii h E n S 2 ° o • v 0 t. 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II —� \, 91'a.S►/174 041 N —}I ��/ d n -.1 /134•VI I•3/01to ow law r— I 01 00 z J J J ^S• Pt RESOLUTION NO.5165 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF SHAKOPEE VALLEY MARKETPLACE WHEREAS, Oppidan Investment Co., applicant and Eugene Hauer, Sharron Bernhagen, and Eileen Kerkow, owners of said property have filed an application for Final Plat approval with the City of Shakopee;and WHEREAS, according to the 1999 tax records of the Scott County Treasurers Office, the property upon which the request is being made is identified by the property identification numbers and is legally described as follows: PID No. 27-907040-0: The South 8 feet of the Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County,Minnesota PID No. 27-907013-0: That part of the Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota lying southerly of the plat of Minnesota Department of Transportation Right of Way Plat No. 70-5; Except the South 8.00 feet of the Southeast Quarter of the Southeast Quarter of Section 7 PID No. 27-918019-0: The North 8.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County,Minnesota PID No. 27-918007-0: The South 330.00 feet of the West 450.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota PID No. 27-918008-0: The North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County,Minnesota, Except the North 8.00 feet of said North Half and also except the South 330.00 feet of the West 450.00 feet of said North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Shakopee Valley Marketplace on June 3, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Shakopee Valley Marketplace is hereby approved subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement with provisions for Plan A and Plan B improvements. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. e) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. f) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. h) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the west side of Sarazin Street along the eastern boundary of the plat. i) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on south boundary of the plat. j) Signed petition for Plan B improvements. k) Park Dedication fees shall apply to this plat in the amount of$3880. per acre. These fees may be deferred to the issuance of building permit for each lot. If the fees are deferred to the issuance of the building permit, fees shall be charged according to the fee schedule in place at the time of building permit issuance. 1) The shared access/driveways between all lots shall be approved subject to a property owners association or a maintenance agreement for the access/driveway being executed designating the party responsible for maintaining the access/driveway, and granting that party the right to assess all properties benefiting from the access/driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the access/driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. m) Cross easements shall be required to ensure access is provided to Lot 1,Block 1 due to the fact that it is not provided access from the public roadways that it fronts. n) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. o) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. p) The developer shall pay existing levied special assessments. a) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; r) Additional right-of-way dedications shall be added to the final plat drawings, as recommended by the City's traffic consultant and the City Engineer, in order to accommodate the re-design of CSAH 17 and 17th Avenue;and s) An agreement shall be reached regarding participation of the costs for the improvements required for CSAH 17 and 17th Avenue. t) Signatures of all the property owners shall be provided on the final plat application. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk May 13, 1999 Francis and Bonnie Menden 2544 Lakeview Dr. Shakopee,MN 55379 Concilor Jane DuBois 1305 West 6th Ave. Shakopee,Mn 55379 Dear Ms. DuBois; You will soon have before you a Request for Approval of the plat of Stonebrooke 4th Addition. We note that the Planning Commission has indicated that certain things must be done by the developer as a condition of approval. We agree with these requirements. We are asking that additional items be listed as conditions for approval. In 1989 the developer entered into an Agreement with us concerning easements for sewer and access to the central water system of Stonebrooke(a copy of which is enclosed for your information). We believe that those easements for sewer and water be shown on the plat currently before the Council so that Buyers of the lots are aware of these easements and aware that the property we own has a right to connect to the water system. We note that the original plan for the area includes nine lots on our property. The recent drawings reflect eight. We request that the nine lots be used in considering where easements be placed for sewer. The drawing for Stonebrooke 4th Addition has a dead end for Fairhaven Drive at the northwest end of our property. While the developer has a driveway easement over our land, we believe that others will use this unimproved route and we would ask that the developer be required to relinquish his easement rights over our land as a condition of approval of this plat so that we may have peace and quiet. In consideration of the future construction of Fairhaven Drive, please assure us that this road will immediately abut our property. Please consider a fund to be set aside for the costs of the future completion of Fairhaven Drive from our property to Lakeview Drive. On the PUD the road goes through Outlot B, owned by Mr. Laurent. It seems Stonebrooke Development and Stonebrooke Golf Course would benefit from the future use of this roadway. Thank you for your consideration. Francis (Fritz) and Bonnie Menden Ar:roN LA\V O FICES -:,� Hann D.Alum Joan MMer Minnesota('hone:612/445-7470 Tcleeopicr:612/4'16.2X13 Wisconsin Phone: 715/425.11146 23 Empire Drive 287 Marschnll Road l ll East Elm Street St.Paul,Minnesota 551(1.1 Shakopee,Minnesota 5537'1 River Falls,Wisconsin 541122 Shakopee , Minnesota June 26 , 1989 • Gary Laurent LAURENT BUILDERS 128 S.., Fuller St. HAND _DELIVERED Shakopee , MN 55379 Dear Gary: ' / This correspondence will serve as a memorandum of agreement reached between you , for yourself , on behalf of Sarah Laurent and Stonebrooke Golf Course Partnership, and Francis and Ronnie Menden in regard to the property adjacent to the golf course . Mendens will convey to* Stonebrooke by warranty deed a triangular parcel of property on the western edge of their property , as shown on the map attached to the warranty deed executed by Mendens on June 23 , 1989 . The parties agree that deed is not now in recordable form. Menden will deliver a photocopy of that deed to Laurent for the purpose of assisting in closing of the Stonebrooke loan . Laurent and/or. Stonebrooke will have a survey done and obtain a legal description of the property conveyed . . Laurent will convey by warranty deed to Mendens a strip of property of approximately 12 , 000 square feet and roughly 30 ' x 381 ' adjacent to and on the North side of the property owned by Mendens , but not the homestead property of Laurent . Laurent will reserve an easement of ingress and egress over that strip similar • to the easement now enjoyed by Laurent . Laurent will also convey by warranty deed to Mendens a strip of property approximately 109 ' x 35 ' adjacent to and on the South side of the property owned by Mendens , reserving an easement for ingress and egress over the easterly 66 ' of this parcel . Laurent and/or Stonebrooke will cause a survey to be made of these parcels at their expense and will have the plat modified to reflect these changes . Deeds will be exchanged as soon as the survey is complete . Laurent and/or. Stonebrooke will grant to Mendens sewer easements on the golf course required by the FUD to permit development of building sites adjacent to the golf course . Mendens will also be granted access to the central water system ., t•, when necessary for the developing lots . Laurent and Stonebrooke agree to not improve , build , or construct a roadway across property owned by Mendens without agreement between the parties . ZPage Gary Laurent Re : Stonebrooke Finally, everyone agrees to cooperate in the development of the property, to work together for their mutual benefit . If there are any corrections or additions please call . We will plan to Einalize everything after July 4 , 1989 . Very truly yours , ALTON LAW OFFICES • l'- )Leet• • jJe Brian D. Alton ns • • • • • Q • SUPPLEMENTAL AC;REEMENT THIS SUPPLEMENTAL AGREEMENT by and between Francis M. and Bonnie J . Menden , hereinafter referred to as Menden , and Gary L. and Sara Laurent , hereinafter referred to as Laurent , Laurent Builders , Inc . , a Minnesota Corporation hereinafter referred to as the developer and Stonebrooke Golf Course Partnership, hereinafter referred to as Stonebrooke ; and This Agreement is not a complete recitation of the agreements between the parties , but supplements the existing agreements including the Memorandum of Agreement dated June 26 , 1989 drafted by Brian D. Alton , which remains in full force and effect ; and WHEREAS Menden is the owner of certain real property which shall be legally described as; Outlot I , Outlot M, Outlot N and Outlot 0 of Stonebrooke First Addition as recorded by plat thereof in the County of Scott State of Minnesota ; and WHEREAS Laurent is the owner of certain real property which shall be legally described as ; Outlot G of Stonebrooke First Addition as recorded by plat thereof in the County of Scott of Minnesota; and WHEREAS the parties have recently exchanged deeds intending to provide Menden with identical surface area of 10 acres in order to preserve an agricultural tax base ; and WHEREAS Stonebrooke is the owner of a golf course the real property of which is also located within the Stonebrooke First Addition plat ; and WHEREAS the developer is the owner of real property located within the Stonebrooke First Addition plat and has caused said property to be platted and has caused the Planned Unit Development of Stonebrooke to exist in party with , in part, the City of Shakopee ; and WHEREAS it is the intention of both Menden and Laurent to develop their respective properties at sometime in the future according to the Planned Unit Development Agreement approved by the City of Shakopee ; and WHEREAS said agreement requires certain sewer easements be granted to certain building sites developed adjacent to the golf course ; and WHEREAS the developer intends to install a central water system to serve the residences within the Stonebrooke Development , then C • BE IT HEREBY AGREED that Stonebrooke will grant to Mendens sewer easements on the golf course as required by the Planned Unit Development Agreement to permit development of building sites adjacent to the golf course; and also BE IT HEREBY AGREED that Menden shall be granted access to the central water system for the developing of lots for which Menden shall pay to the developer a prorata share of well and water system expense , as determined by the number of lots Menden develops as compared to the number of residential lots within the Stonebrooke plat; and also THIS AGREEMENT shall be binding upon all successors , heirs and assigns to the parties hereto . .' ', `rte Gary L. --- Francis M. Menden Sara L. Laurent Bonnie J. Menden r_ Laurent :uil. = rsS Inc Stonebrooke G( Course Partnership by-- - by-- Gary L. L: e- , President - Gary L. L , Par ner by by Gary L. Laurent , President Gary L. Laurent, Partner • • C Iy.G . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: Julie Klima,Planner II SUBJECT: Amendment to the Stonebrooke Planned Unit Development DATE: June 15, 1999 INTRODUCTION Laurent Builders,Inc. has submitted an application for an Amendment to the Stonebrooke Planned Unit Development(PUD). The applicant is requesting the following amendments to the PUD: • Cambridge Court be allowed to be constructed as a private street; • 10 foot side yard setbacks (rather than the 20 feet required by City Code);and • Lot width reduction for Lot 6,Block 2 (This lot proposes a width of approximately 30 feet at the front yard setback line. The City Code requires 150 feet of lot width in this zoning district). A copy of the April 22, 1999, Planning Commission staff memo has been attached for your reference. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the Amendment to the Stonebrooke PUD to allow the following: 1. Cambridge Court shall be allowed to be constructed as a private street at a width of 28 feet from curb face to curb face with parking allowed on one side only. 2. Ten(10)foot side yard setbacks shall be allowed. 3. Lot 6, Block 2, shall be allowed a lot width as depicted on drawings received by the City on March 22, 1999. ALTERNATIVES 1. Approve the amendment to the Stonebrooke PUD, subject to the conditions recommended by the Planning Commission. 2. Approve the amendment to the Stonebrooke PUD, subject to revised conditions. 3. Do not approve the amendment to the Stonebrooke PUD. 4. Table the decision, and request additional information from the applicant and/or staff. ACTION REQUESTED Offer a motion to approve Resolution No. 5166, A Resolution Approving An Amendment to the Stonebrooke PUD (Alternative No. 1), and move its adoption. (It( /(/_.i Julie Klima Planner II is\commdev\cc\1999\cc0615\pudastbr.doc RESOLUTION NO. 5166 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT TO THE STONEBROOKE PLANNED UNIT DEVELOPMENT(PUD) WHEREAS, on July 14, 1987, the City Council approved Resolution No. 2749, Approving the Stonebrooke Planned Unit Development; and WHEREAS,Laurent Builders, Inc., applicant and property owners has made application to amend the development plans to allow the construction of a private street and variations to setback and lot width; and WHEREAS, the property upon which the request is being made is legally described as: Outlot G, Stonebrooke First Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Scott County, Minnesota and Outlot B, Stonebrooke Second Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Scott County, Minnesota; and WHEREAS, all notices of the public hearing for the Amendment to the Planned Unit Development have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; WHEREAS, the Planning Commission did review the Amendment to the Planned Unit Development on April 22, 1999 and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Stonebrooke Planned Unit Development is hereby amended to allow the following: 1. Cambridge Court shall be allowed to be constructed as a private street at a width of 28 feet from curb face to curb face with parking allowed on one side only. 2. Ten (10)foot side yard setbacks shall be allowed. 3. Lot 6, Block 2, shall be allowed a lot width as depicted on drawings received by the City on March 22, 1999. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 is\commdev\cc\1999\cc0615\pudastbr.doc I CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Stonebrooke Planned Unit Development(PUD) DATE: April 22, 1999 REVIEW PERIOD: February 5, 1999 -June 5, 1999 DISCUSSION Laurent Builders, Inc. has submitted an application for an amendment to the Stonebrooke Planned Unit Development(PUD). The Stonebrooke development is generally located east of County Road 79 and south of County Road 78 (See Exhibit A). The original Stonebrooke PUD was approved by the City Council in 1987. Laurent Builders, Inc. has now made application for an amendment to the PUD, as part of the proposed 4th Addition of Stonebrooke. Specifically, the applicant is requesting the following amendments to the PUD: • Cambridge Court be allowed to be constructed as a private street; • 10 foot side yard setbacks (rather than the 20 feet required by City Code); and • Lot width reduction for Lot 6, Block 2 (This lot proposes a width of approximately 30 feet at the front yard setback line. The City Code requires 150 feet of lot width in this zoning district). Please see Exhibit B, written communication from the applicant, for further information on these requests. The area proposed for development is in substantial conformance with the original PUD with respect to lot size, configuration, etc. (with the exception of the aforementioned requests for amendment). A full size copy of the entire PUD is available for viewing at City Hall and will be made available at the meeting on April 22. Francis and Bonnie Menden own property that is included within the original Stonebrooke PUD and consented to the original development plans(as evidenced by their signatures on development documentation). The property owned by the Mendens is located directly south of the property proposed for development by Laurent Builders, Inc. Mr. and Mrs. Menden have communicated their concerns about the development to City staff in a letter dated February 23, 1999. Staff responded to their comments by letter(dated March 2, 1999). Staff has been informed that the Mendens did meet with Gary Laurent to discuss outstanding concerns. Following that meeting, staff received a letter from the Mendens outlining concerns that they felt had yet to be addressed. These communications (Exhibit C) have been attached for the Commission's reference. • Please find attached as Exhibit D a copy of the proposed site plan. Lots 1 -6,Block 1 and Lots 1 - 9, Block 2 are comprised of property owned by Laurent Builders, Inc. The Mendens are the owners of the property south of Laurent Builders property(identified as Lots 1 -8). The PUD amendment, as applied for, specifically addresses Outlot G, Stonebrooke 1st Addition and Outlot B, Stonebrooke 2nd Addition(these properties are owned by Laurent Builders, Inc.). Therefore, if the amendment were to be ultimately approved by the City, the Mendens would retain the development rights granted to them with the approval of the original PUD. If and when the Mendens wish to develop their property, they would be either held to the original development plan or they could pursue a PUD amendment to propose an alternative development pattern. The Mendens are not bound by the illustrated development pattern shown on Exhibit D. The design of their property has been provided in order to show that the property is able, in some fashion, to be developed in a manner which is consistent with other phases of Stonebrooke. Scott County Environmental Health has recommended denial of the PUD amendment. Comments from Allen Freschette, Environmental Health Manager, have been attached as Exhibit E. Staff is proposing that prior to City Council review of the PUD amendment, that Mr. Freschette and City staff be provided with documentation on ISTS availability for the proposed lots, as well as, results of percolation tests on existing similar septic systems. ALTERNATIVES 1. Recommend approval of the PUD amendment to City Council, subject to conditions, as recommended by staff. 2. Recommend approval of the PUD amendment to City Council, subject to revised conditions. 3. Recommend denial of the PUD amendment to the City Council. 4. Table a decision in order to allow staff and/or the applicant time to provide additional information. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the PUD amendment to the City Council, subject to the following conditions (Alternative No. 1): 1. Prior to City Council review of the PUD amendment, Scott County Environmental Health and the City be provided with documentation regarding ISTS availabilit`j for the proposed lots that comply with the requirements of the Scott County ISTS Ordinance and percolation tests on existing septic systems. 2. Prior to City Council review of the PUD amendment, the applicant shall submit verification that the wetland impacts resulting from the PUD amendment will not exceed those previously approved by both the City and the Army Corps of Engineers. 3. Cambridge Court shall be allowed to be constructed as a private street at a width of 28 feet from curb face to curb face with parking allowed on one side only. 4. Ten(10) foot side yard setbacks shall be allowed. 5. Lot 6, Block 2, shall be allowed a lot width as depicted on drawings received by the City on March 22, 1999. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the PUD amendment, subject to the conditions, as listed, and move its approval. 'e Klima Planner II i:\commdev\boaa-pc\1999\0422\pudamstb.doc • , 00+113rr—A r ., ,...,,,,,,_ .... N,...._. . - ,7::4:.. CORD. NO. 79 TOWNLINE AVE. 0 4.--- 0 --. 2 k civA 0111.rt.17° V) MaI2111WV3 r. iii El or -cv. ,,,,,,, _„,,, ...4 . a,„ _ E ,.._ EZ 2 igilk, -4 o 4741., E3 ; 7 L-11 4.4 ri N S2 ill 6° _,,4v • o 41P , D Z _____\' 1 -400 - Kviip ...K....- .5,041,1 _. > HER,��� a' G� *4 11/ ft, ... ULM - - Irv- -- iii : p .. - vorti„, ' "14100__...44. 2 „ < _. . 4. ,..,. . .... e. .4", r> > 6. ,. . H ENSTEIN CT. c� - wili Ad*IcirknJ.w- ` �` ' Ell b. 0" 7 .; IIIIII - ver. c- . 6 "' o V » D _ -44 -, r CIRL A oIii C n ` _ Y V. o d MAPLE TR. o 2 N -II o A =A ;Hil 71 XI 70 po E 1 1 N_ t_ W N c•) co > X 0 c 5 p = (D m S r C-) 01. M K O C I— M > 7 C 7 0 0 n O M .G ^ a a Q f c 'CI, (0 I— O a a m O o a T ? i)' 7 0 0 F,' -, rrl O .< -, .< O O f -6 C N 7 C D O O 7 _ CD cD 3 7 O Z r as all N 7 a O ILiri 7in N o G O NN CD .0 xi a 0o €n (D 174N CD TJ N a U) UI "7.-• ^^—"`..",% "�¢e-M..iY M i-*a.�f< 3 C eil 14 5. g, .. - "( • iyt 'S f' 4w > . • R w i " • 43 , - '`'1 -51e v^C-•:.:�i+ro. wT • � . )+ T ' K: ytY1 y YK1 , „,2, gii• 14■ 4;e*.4.(- , • 1 . . fir, y `4 _Corporate Office 'Ter0,. I•ing ,r:..:>.` . . 100 U i�steet,Suite 200 LAURENT (612)445-6745 Shakopee1N55379 BUILD (612)4456747 Fax.� • 'Ci l: :. . i ,;f44Feb4, 1999 . : aT.. - �u s,jtii. :�� . . . :. i;• City of Shakopee _ ._ _ . Planning Department . 129 South Holmes Street Shakopee,MN 55379 Attn: Julie Klima . RE: P.U. D. Amendment and Final Plat Application, Stonebrooke 4th Addition, Shakopee, MN Dear Julie, Enclosed please find application for a P. U. D. amendment and Final Plat of Stonebrooke 4th Addition. We feel that the platting of this phase of Stonebrooke substantially conforms to the approved overall P. U. D. The number of lots and general street layout is unchanged. However, an amendment to the P. U. D. is requested so that adjustments can be made and an improved development may result. The requested variations are generally for the purpose of maximizing preservation of existing trees and topography, and are as follows: No. Description Reason for Request 1. Private Road(Cambridge Court) In an effort to better match existing topography, the City maximum street grade standard will be exceeded(8%). The steeper street allows for less grading and impacts to the many trees and vegetation in this area. In addition, a private road will reduce right-of-way and front setbacks,which further minimize the extents of disturbed land on the lot. 2. 10' Side Setbacks Reducing the side setbacks will allow much greater (From 20') flexibility in house placement on each lot. This flexibility will allow for fewer tree impacts and less grading. 3. Lot 6, Block 2 The building sites for Lot 6 and adjacent Lot 5 will Reduction in Lot Width at Setback best fit the existing topography with the layout as shown,resulting in fewer impacts to the surrounding topography and trees. - BUILDERS • DEVELOPERS B.L.#0001742 Si • 1 t: r U l} limen Stonebroo Ce 4th Addition ; yt"n "i 1.`*2di.�� k „« •� t .=q,-- �r _ a � � � � Y3 z •�,�y, „v an.:ts�i %s '�- ,�p3c!" "✓ - "?r e `'Sr= y.;.r-fKu.rtr„�..ec.."r L.4. ..,� a >:,'• ,a. 3"-w `'Thispha-se of Stoneb o e will be sery .y t. • ter sii•pI an•dista uhon,.and individual aseptic treatment systems as •ve revs•us', • es. s additto• a stormwaterpond is roposed to ace- • .m iii p', e ofthe ' � d impacts -accept run=off from the ma on of m this area have been completed un revious t(2nd Addition)with no further impacts < `proposed. 'Construction ofthese un vements wdl pen_ e • required City approvals ; _ ..` } s r_ rte _. L R f y T � QY 4. y 1:Al.," l ... • �#y .fes FC' .._ .... z.; i «•'rti'3e` '�Y'!w K'�t'-::�.1 4 6:� � �'.� - '^ �a .'1 ... In conclusion,we propose thesa e�+L variatyimons the approved Stonebrooke Planned Umt Development. These variations will provide an•ppportunity for better preservation of the existing topographical features on this part of the Stonebrooke site consistent with the goals of the P.U.D. ordinance. Respectfully Submitted, • LAURENT BUILDERS,INC. any a Randy R. Laurent Vice President ' enclosures • • • • 1- to'. -,Ic•i pis y' ..s+ : rrki�i�d,..z.:Avv5. ''ae'•..w4tr' • E.?(14 1151: mow... February 23, 1999 • Francis and Bonnie Menden 2544 Lakeview Dr. Shakopee,MN 55379 City of Shakopee 129 S.Holmes Shakopee,MN 55379 RE: Stonebrooke Development,PUD Agreement and its affects on our property. Ladies and Gentlemen: As land owners,we have several questions and concerns involving our property and the Stonebrooke Development. We would like to request written responses to the following questions and concerns: Our property was included in the original Stonebrooke Development plan, however the Fourth Addition currently proposed does not include our property. Therefore, as land owners can we or the current propertya futureaddition of the Stonebrooke Development? f development, develop our property as If so, is there a time interval for the conclusion of the Stonebrooke Development? As developer and landowner of a future addition to Stonebrooke Development,would we have access to Fairhaven Drive? (We do not own property connecting our land to Lakeview Drive.) On the original plan Lakeview Drive continued through our land. Do we or will we have access to all utilities(gas, electric, etc.)through Stonebrooke Development? Does our property maintain the original sewer easements as stated in the PUD agreement? Is the well access for water from the Stonebrooke Association allowed to continue through the fifth or future addition(which involves our property as included on the PUD)to Stonebrooke Development? Are there any further agreements or costs to = us for these services and/or utilities? ex- Is the City of Shakopee aware that the development plan for the Stonebrooke PUD fouth including a drive for emergency vehicle access at the end of Fairhaven Drive? Does the City of Shakopee realize the access would cross through our private property? <` ` ill the various emergency vehicles and personnel cross private property? As the s operty owners we do not agree to the emergency access crossing our personal property._____ ti t - - -`•--;,,.. ---,,.."• IT•t.,--..- •- :.,.. ..,-- .- • • ...,. ,,„4,,,..,,t,.-4.... .i•;;;;*," ; •....-i„,r•----.....- ••.'-•" 1'"*..."' e-'''eI•;t-,*.;lt,11,:'-,-,-r0",;-"-,•-•-.-'•1'=='.' s•• -.•'....-. . ' '.- .' ' - '. - i.--'.f:, •‘,•---e'':' . lir .7' "*.,,--....-.416.444'.r XI,4.,,,„*.,;.,...r:---... --•,.,,,,, .' • ' 1-'''-'-.--i'''''''' ''Ille.'—.Kt'' ".'-44- .... '„ ,,,I1C,0'. ,'IE` -.-tt.'"_,`,irar'"5!.r...'"1.:...4.';•.,`,;:;-....-*,--+-,'1"',.1 ' '--.. 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'i'''''''''' • ''"IA4414271Z1, ::'' ,Ii.,..rt..-••* .- •' ..s... . ---1:. -...._. '- .,, •. ..1: ,.....> ,....'7•:t 4.,14,' rr.. • , . ------ was' �.-. -, .. �...j ,: ,- Y . 1110 P iK y SHAI<OPEE • • March 2, 1999 '� s Francis and Bonnie Menden 2544 Lakeview Drive Shakopee,MN 55379 RE: Stonebrooke Development Dear Mr. and Mrs. Menden: In response to your letter dated February 23, 1999, I hope that you will find the following information useful. When the Stonebrooke Planned Unit Development(PUD)was approved by the City, your property was included in the overall development plan. Therefore, should you decide at some point in the future to develop your property, it can be developed as a future addition to Stonebrooke. There is not a date by which Stonebrooke must be developed in its entirety. However, in order for the Preliminary Plat approval to remain valid,the City Council must grant an annual extension to the approval period. Therefore, if the Final Plat of Stonebrooke 4th Addition is ultimately approved by the City, the Preliminary Plat would remain valid for 12 months from the date of approval of the 4th Addition. During that 12 month period you would be able to develop your property in a matter which substantially conforms to the Preliminary Plat. At the end of the 12 month period,you(or any other property owner within Stonebrooke) would need to request that the City Council extend the preliminary plat approval process for an additional 12 months if you wish the preliminay plat(and its inherent development rights) to remain intact. Such requests should be made via written communication. If, for some reason, the City Council were to deny the request to extend you would then be faced with the decision of developing the property in conformance with the preliminary plat or letting the preliminary plat approval terminate without development of the property. Fairhaven Drive is a public roadway, therefore, if Fairhaven Drive is constructed to your property line you would be allowed to continue Fairhaven Drive through your property, as depicted in the original development plan. --;= Utilities (gas, eletric, etc.) would be installed as part of the development process. Costs associated with the installations of these utilities are addressed between the developer and :. . _ �:___ the utilities companies at the time of development. Stonebrooke is serviced by a private • COOMMUNI Y PRIDE SINCE 1857 " w. p Holmes StreetSouth• Shakopee,:Minnesota- 553794351 • 612-445-3650 : FAX 612-445-6718 --;:-"'"r" ..../-• ya -�f Y . x y Y 1 PF _ £ .4,-.)---.-1,,,,,...1.-,-;.' 1t = fif"�y t.-r' - .� `r—{+ai � -� _�YNRfYRiw�W� Oil1Vr� 7M � . s, ' aell therefore, aCity isnota arty�� s ,,.. .. t :questions regarding water service and any3330C1ae� COS=S , i .: y�� � $ r r ` ..t"-.;y ..,..:34-7-7,--- •A7 ' r'k 4 � , - ;" %� "- - - ?-_,11-.."7:':;.1.'... -y _� +n 'i4 .-Z," y1-rt0 "-„''.. .' -,F,-r' .. i'_ • »• 't ” TheFinal Platof Stonebrooke I st .dition .oes not appear to mcude sewer easements .- .- ,., , _•.::.;y,dpi.,. - - , w h - � f -Howeerthese easements'my been� dedrecovyseeParate aOw14= - xs r . _. - di ..i " i,. ,yii4.k-r ✓ -, :.,5,. County. ' Vx r '' -,. -, < -4,,.•.6.,•{y rr .,t' ,r,-i...,.....,x1t t,, ,Kr ,ilik •a The City will review the emergency vehicle access tha•t has been proposed as part of the ' 4th Addition. At this time it is expected that city staff will recommend that the emergency vehicle access be eliminated Ifyou have any additional concerns or comments, please feel free to contact me at 445.3650. Sincerely, /611-42L.GL- 341t6ie Klima Planner II • b:\Julie\platltrs\stbr4.doc J1t�` s � r dna PRIDE w• .mow �/' -+r Z�a..I �- SINCE 1857. ,• - .. .. _ „ )%,::.4;7.E"---Street South•Shakopee Minnesota•55379-1351 612445.3650 • FAX 612-445-6718 VF M1' -r-a d'-, Y s13 ., 4...'• y 6 ., +i V 1 ''''.‘'.'W. (. : >tr. t +Y{giaiIR ,a.,e1 . . - ....... . April 2, 1999 Francis(Fritz) and Bonnie Menden 2544 Lakeview Dr. Shakopee,MN 55379 Ms. Julie Klima Planner City of Shakopee 129 S.Holmes Shakopee,Mn 55379 RE: Stonebrooke 4th Addition and the PUD Amendment Exhibit Dear Ms. Klima: As owners of property in the Stonebrooke PUD agreement, as recorded, we have several concerns and questions relating to the numerous changes on the PUD Amendment exhibit that has recently been proposed to the City of Shakopee. Initially, our personal residence is not located on the drawing. The location of the lots are drawn ignoring our constructed house,which seems to indicate to us our existing home would be utilizing two of the lots. As a change from the original PUD,the amendment indicates one less lot on our property, further reducing our available lots. The sewage easements to our property are not included on the exhibit as they were on the original PUD agreement. If these easements are not included, are proposed lots 6, 7, and 8 in compliance with the City of Shakopee building lot size requirements? Why are sewer easements for our lots not drawn on this exhibit? What is the City of Shakopee's plan for the current and final location of Fairhaven Drive? Who is responsible for the construction and cost of Fairhaven Drive through our property as the amendment is proposing? Is there a reason this road must go through our property now or in the future? Is Fairhaven Drive a thoroughfare that will extend to Lakeview Drive (as the original PUD plan indicated)? Will Fairhaven Drive be a dead end street as the amendment suggests? What is the purpose of Outlot 0 and B on the amendment? How were these included in the original, approved PUD? What is the situation for the Stonebrook Association community well to continue throughout the lots proposed on our property? , - • •••,'"r .714. 7'. 4.. tt, .14.4•F / r 10.,N - 'CY'•% .7e.:511 : As our land is not currently included inte.Ladditkon of Stonebrook,we will not allow a drive for emergency vehicle w3CeirlOiPtiritiiiiugh our pnvate proerty. Please consider our above concerns and the following changes we are aware of involving the proposed 4th addition to Stonebrook Development and Its amendment exhibit : The road has been altered, cul de sacs have been eliminated,block and lot numbers are - ' different, a thoroughfare has not been'co—mp'Ieteil,Ios haVe been eliminited, -str' eet names have changed, sewage easements are not accounted for,and an emergency access has not been determined. We feel these changes negatively affect our property now and in the future. Please consider the impact these alterations may have on our land. We would appreciate your assistance with answering our questions and concerns. Sincerely yours, Fritz Menden • • Bonnie Menden - - 1 r.. 6.141113rr SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION ENVIRONMENTAL HEALTH DEPARTMENT SCOTT COURTHOUSE A102 428 HOLMES STREET SOUTH SHAKOPEE,MN 55379-1393 (612)496-8177 Fax:(612)496-8496 MEMORANDUM TO: Julie Klima,Project Manager, Shakopee Planning Dept. FROM: Il • en Frechette,Env. Health Manager DATE February 18, 1999 SUBJECT PUD Amendment - Stonebrooke We recommend that primary and secondary individual sewage treatment systems(ISTS)be located within the residential lots. We note several lots where the alternative site is being proposed for golf course areas. We understand that the previous additions to this development were allowed to have the alternative septic system sites located within the golf course. We suggest that the percolation tests be performed on those previously approved alternative drainfield sites within the existing golf course areas to demonstrate that fairway traffic is not damaging those alternative sites before this practice is allowed to continue. Testing should be done in areas which appear to be impacted the most and which are likely to be where an alternative ISTS would be placed if needed. Considering the soil conditions in this area, most of the ISTSs would likely be mound systems. Locating mounds on golf course areas may not be desirable for the ISTS or golf course operation. Large grass cutting equipment would not be advisable over the top of mounds. Several of the lots show odd configuration of ISTS sites, and all are less than half the size required by the Scott County ISTS Ordinance (5000 square feet each) and are likely not realistic for construction of a mound type system. A site inspection should be conducted with soils information provided prior to approval of any lot. Scott County's ISTS Ordinance, which is effective throughout Scott County, including Shakopee, requires that all proposed lots within a proposed plat be inspected after soils testing has been provided to demonstrate that proposed house pad and ISTS locations are indeed feasible in size and location. It is likely we would not approve most of the proposed lots based on the plans submitted for our review. The lots within the Preserve addition to Stonebrooke which are located within Jackson Township were required to demonstrate two 5000 square foot drainfield locations within each lot that would not be disturbed by golf course, road or house construction activities and which were oriented properly for drainage and design considerations. This appears not to be the case with the plans provided for this amendment. 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',Q.), h , iti �:'/�: X c` : _ ` �Vi ,--Imoi � t,. f •-' "%1St, • \ // / ) , ..: , o, , , £7.8 f x'/ ' c7-, , ,, 1,- I I , ;y , � ,, l'. ,•/',x,,,, lea as - J, , -, � / i 1 ,,t 0 A i \ rt II f I I k\:-.1 ,/ I I / ) / r \\\ - - -\,, '� ` -' p £9b--`% �MM R 1 i ,I i 1'^. /t 1 !1 / % 1 I ''' % \ \\ _ _ , „Z..,am` 'r. tdpi u �' ( 1 / i / - L --/-/-• % 1 `--C-- /fr -_c-. __\--_\-- i- �, . • — ' -- / 1 -- i / II �%i wt. 1 fit, , \ i \ V . ", I. t: I -__- 111111 � -- 80'60e------ 3 .BT,tl 69 N----------- " - yi. 6 i 1 i a 1 - g r /y. ,D , r CITY OF SHAKOPEE CONSENT, Memorandum 'v TO: Mayor and City Council Mark McNeil, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Stonebrooke 4th Addition DATE: June 15, 1999 Discussion Laurent Builders, Inc. is requesting Final Plat approval of Stonebrooke 4th Addition. The subject site is generally located south of County Road 78 and east of County Road 79. A copy of the April 22, 1999,Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Stonebrooke 4th Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Stonebrooke 4th Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Stonebrooke 4th Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Stonebrooke 4th Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5167, a Resolution Approving the Final Plat of Stonebrooke 4th Addition, subject to conditions, and move its approval. ulie Klima Planner II i:\commdev\cc\1999\cco615\fpstbr4.doc RESOLUTION NO. 5167 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT.OF STONEBROOKE 4TH ADDITION WHEREAS,Laurent Builders, Inc., is the applicant and owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Outlot B, Stonebrooke Second Addition according to the recorded plat thereof and situate in Scott County,Minnesota and Outlot G, Stonebrooke First Addition according to the recorded plat thereof and situate in Scott County,Minnesota. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Stonebrooke 4th Addition on April 22, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY 'i'HE CITY COUNCIL OF ME CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Stonebrooke 4th Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. d) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$1200.00 per dwelling unit shall be required. Payment of park dedication fees shall be deferred to the issuance of building permit. Park dedication fees shall be collected in an amount consistent with the approved City Fee Schedule in place at the time of building permit issuance. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 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. The perpetual maintenance of all open space/outlot/private street areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 6. Separate easements shall be provided for all off-site septic systems prior to the recording of the Final Plat. Documentation verifying the locations of these sewer easements shall also be provided to the City prior to their recording. 7. 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 Final Plat. 8. The applicant shall submit verification the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 9. Individual sewage treatment sites must be protected during grading and utility construction. 10. The Final Plat shall comply with the requirements of the Planned Unit Development for Stonebrooke. 11. All proposed easements, as required by the subdivision ordinance shall be added to the drawings. 12. Outlot C, Stonebrooke 2nd Addition shall be deeded to the City as right- of-way. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Stonebrooke 4th Addition MEETING DATE: April 22, 1999 REVIEW PERIOD: February 5 -June 5, 1999 Site Information: Applicant: Laurent Land Development,Inc. Location: East of County Road 79 and South of County Road 78 (See Exhibit A) Current Zoning: Rural Residential/PUD Overlay Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential/Agricultural Preservation(RR/AG) East: Agricultural Preservation (AG) West: Jackson Township Comp.Plan: 1995: Single Family Residential Area: 18.63 Acres MUSA: The site is not within the MUSA boundary. Introduction Laurent Land Development, Inc. is requesting approval of the Final Plat for Stonebrooke 4th Addition (Please see Exhibit B). The subject site is located east of County Road 79 and south of County Road 78. Considerations The Stonebrooke development has received Planned Unit Development (PUD) and Preliminary Plat approval by the Shakopee City Council. The applicant has also submitted an application for an amendment to the PUD. The final plat, as submitted, is in substantial conformance with the proposed PUD. n J The Building Official has commented that and private water system construction will require permit and inspection by the City of Shakopee Building Department. Scott County Environmental Health has commented on the availability of ISTS sites and the need to perform percolation tests on existing septic systems. Staff is recommending a condition which requires resolution of these issues prior to City Council review of the Final Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Stonebrooke 4th Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, recommend to the City Council approval of the Final Plat of Stonebrooke 4th Addition, subject to the following conditions: A. The following procedural actions must be completed prior to City Council review of the Final Plat: 1. Scott County Environmental Health and the City be provided with documentation regarding ISTS availability for the proposed lots that comply with the requirements of the Scott County ISTS Ordinance and percolation tests on existing septic systems. 2. The applicant shall submit verification that the wetland impacts resulting from the PUD amendment will not exceed those previously approved by both the City and the Army Corps of Engineers. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. d) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$1200.00 per dwelling unit shall 2 be required. Park dedication fees shall be paid in full at the time of the recording of the Final Plat. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 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. The perpetual maintenance of all open space/outlot/private street areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 6. Separate easements shall be provided for all off-site septic systems prior to the recording of the Final Plat. Documentation verifying the locations of these sewer easements shall also be provided to the City prior to their recording. 7. 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 Final Plat. 8. The applicant shall submit verification the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 9. Individual sewage treatment sites must be protected during grading and utility construction. 10. The Final Plat shall comply with the requirements of the Planned Unit Development for Stonebrooke. 11. All proposed easements, as required by the subdivision ordinance shall be added to the drawings. 12. Outlot C, Stonebrooke 2nd Addition shall be deeded to the City as right- of-way. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Stonebrooke 4th Addition, subject to conditions and move its approval. 4tnPL4t& Planner II i:\commdevlboaa-pc\1999\0422\fpstbr4.doc 3 . ixfierry A r N...„........„ CO.RD. NO. 79 TOWNLINE AVE. hi k L .. _3OQIbgWdO(t. � -c - 0,116 � e --.4-411 ‹. _. . jiff I ♦_ E c. 4 8el td 17. 4 r Oen 0 �-,� ; - C rri p4 HiQ �'f AZ '4N 12 X \ 0 5, e'20 L--; Ai elk I 6° '" I R. ILJ z _ D,f�'t �� > o E�Tav� C) '�►4. �R old- - D CD illiie > gra`" -� . 0 - HER. • �;' lei© . » Y ,7407 " - lIZ — IA /4 Iip, riP."-- - Bill-- Ell/ ir_h__' 107AM MEP AN ro c''41114:1111 41 _ *Pr iraril VIC T.c • O N 0 l9mD =. •tivAi � e� 0 .. Iffif 71111111 .g 1 _________—r: 9. d3d II.7 b 3 a it'' 11111 u 4. iglir a =� c . el CIR L a n a . e V MA'•LE TR. U @ T T 73 1. 1 O n) — Ca. NJ N mm ,2. 1, , t.; C 2-1 T CDD Sr n O 2 f, O Co a r o a ; p `o' •° S " a ° ° a C7 .° v ..< - .< 2 F v' C v1 7 p c rn 0 fa o ° °�° Cac colUfli N w 7 N N A ° N ° Vl D co 7J y - a f j - j O- < o < pO• — a•. zi D C /57 /9- /. CITY OF SHAKOPEE Memorandum CONSENT' To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: June 10, 1999 Subject: Bureau of Justice Assistance(BJA)Local Law Enforcement Block Grant Introduction: The Police Department is seeking authorization to make application for a $10,604 BJA Local Law Enforcement Block Grant. Background: The United States Department of Justice Bureau of Justice Assistance (BJA) notified the Police Department in late May that our jurisdiction is eligible to apply for direct funding. Our funding level was predetermined by the BJA to be $10,604. The funds made available through this grant opportunity are to be used by local jurisdictions in seven broad purpose areas identified by the BJA as; 1) law enforcement support for hiring, training and employing new, additional police officers, paying overtime to currently employed officers, or the purchase of equipment, technology and other material directly related to the law enforcement function, 2) enhancing security measures in and around schools or any other facility the local unit of government considers a special risk, 3) establishing or supporting drug courts, 4) enhancing the adjudication of cases involving violent offenders, 5) establishing a multijurisdictional task force, 6) establishing crime prevention programs, and 7) defraying the cost of indemnification insurance for law enforcement. Budget Impact: The BJA does require local matching dollars of$1,178. These funds currently exist in the Police Department's budget or are available through forfeiture funds. Action Requested: If Council concurs, they should, by motion, authorize the Police Department to make application for a $10,604 BMA Local Law Enforcement Block Grant. Dan Hughes Chief of Police CITY OF SHAKOPEE MemorandumCrE To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: June 10, 1999 Subject: Southwest Metro Drug Task Force Fiscal Agent Introduction The Police Department is seeking authorization for the Shakopee Police Department to named the fiscal agent for the Southwest Metro Drug Task Force and for the appropriate City official to enter into a cooperative grant agreement with the Office of Drug Policy and Violence Prevention in the Minnesota Department of Children, Families and Learning for the project entitled Southwest Metro Drug Task Force. Background The Southwest Metro Drug Task Force(SWMDTF)was formed in 1986. The SWMDTF is financially supported primarily by a Federal grant and local law enforcement agency membership fees. South Lake Public Safety has been the SWMDTF grant holder or fiscal agent since 1986. The SWMDTF Coordinator, after consultation with the State Grant Manager and the Director of South Lake Public Safety, is requesting the Shakopee Police Department become the fiscal agent for the task force. The basis for the proposed change is to keep one fiscal agency for the task force which is required by the state and federal grant managers. Both the State Grant Manager and the SWMDTF Coordinator believe this would be a logical change due to the City Finance Department's involvement with the task force. The SWMDTF Coordinator is currently working on the grant for next year and will submit the grant application during July of 1999. The role of fiscal agent will require minimal staff time for the Shakopee Police Department. All grants, grant reports and necessary documents are prepared by the task force coordinator. The fiscal agency manager is asked to review and initial grant reports prepared by the task force coordinator. If approved the SWMDTF would use the Shakopee Police Department ORI number for identification purposes as well as the City's state and federal tax ID numbers. These numbers assist in giving the SWMDTF an identity and in no other way effect the department or the City. Action Requested If Council concurs, they should, by resolution, authorize the Shakopee Police Department to become the fiscal agent for the Southwest Metro Drug Task Force and the appropriate City official to enter into a grant agreement with the Office of Drug Policy and Violence Prevention in the Minnesota Department of Children,Families, and Learning for the project entitled Southwest Metro Drug Task Force during the period from January 1, 2000 through December 31, 2000. Dan Hughes Chief of Police RESOLUTION NO. 5173 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED that the Shakopee Police Department enter into a cooperative agreement with the Office of Drug Policy and Violence Prevention in the Minnesota Department of Children, Families and Learning for the project entitled Southwest Metro Drug Task Force during the period from January 1, 2000 through December 31, 2000. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to execute such agreements and amendment, as are necessary to implement the project on behalf of the Shakopee Police Department. Adopted in session of the City Council of the City of Shakopee, Minnesota this day of June, 1999. Mayor of the City of Shakopee ATTEST: City Clerk Is. 6.3 . CITY OF SHAKOPEE Memorandum CONSENTJ To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: June 10, 1999 Subject: Acceptance of Resignation Introduction The City Council is asked to accept the resignation of probationary police officer Romaine Drowns. Background The City Council authorized the hiring of Ms. Romaine Drowns as a probationary police officer in January of 1999. Ms. Drowns resigned her position effective June 2, 1999. Action Requested The City Council is asked to accept Ms. Romaine Drowns resignation with regret. Dan Hughes Chief of Police Ar. e). , CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Pool Closure Policy Date: June 1, 1999 INTRODUCTION Council is asked to adopt a Pool Closure Policy for the summer of 1999. BACKGROUND At the May 27, 1999 City Council Meeting, Council directed staff to come back with a recommendation for closing the facility during normal operation. Staff is recommending the municipal outdoor swimming pond be closed when the following conditions exist: • Rainy days or when dangerous storms are approaching. • The air temperature is 70 degrees or colder. • The attendance is less than 25 people after 2 p.m. (This is judgment call) • The water quality tests indicate the chlorine minimum: 1.0 ppm combined chlorine maximum: 0.5 ppm pH: 7.2 to 7.8 cyranuric acid: Zero (0) calcium hardness: 225 to 600 ppm total alkalinity: 80 to 110 ppm • If the pond closes at 4 p.m. due to poor water quality tests, refunds will be provided to anyone admitted to the facility between 3 p.m and 4 p.m. • Water quality tests shall be conducted at 9 a.m., 12:30 p.m. and 4 p.m. ACTION REQUESTED If Council concurs with staff's recommendation, it should, by motion, move to adopt the 1999 Swimming Pond Closure Policy as proposed: • Rainy days or when dangerous storms are approaching. • The air temperature is 70 degrees or colder. • The attendance is less than 25 people after 2 p.m. (This is judgment call) • The water quality tests indicate the chlorine minimum: 1.0 ppm combined chlorine maximum: 0.5 ppm pH: 7.2 to 7.8 cyranuric acid: Zero (0) calcium hardness: 225 to 600 ppm total alkalinity: 80 to 110 ppm • If the pond closes at 4 p.m. due to poor water quality tests, refunds will be given to anyone admitted between 3 p.m. and 4 p.m. • Water quality tests shall be conducted at 9 a.m., 12:30 p.m. and 4 p.m. 9 .,i 4i Mark J. cQuillan Parks and Recreation Director 1 . 4 . 21 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Approval of Pool Consultant Agreement Date: June 10, 1999 INTRODUCTION Council is asked to approve a new agreement with US Aquatics for the design specifications of the municipal outdoor swimming pond improvements. BACKGROUND At the May 27, 1999 City Council Workshop, Council was notified the estimated costs to repair the swimming pond facilities did not include a 5% contingency and 1% for documenting expenses. The total estimated project cost is $993,860.00. The design fee for the project is 7 1/2% ($68,700) and the documenting expenses are 1% ($9,160). Refer to Mark McNeill's May 20 memorandum on Attachment A. ALTERNATIVES 1. Approve the new agreement 2. Do not approve the new agreement RECOMMENDATION Staff recommends approving the new agreement. ACTION REQUESTED If Council concurs with staff's recommendation, it should, by motion, move to approve the new agreement with US Aquatics. • Utt Mark J. icQuillan Parks and Recreation Director � Ll CITY OF SHAKOPEE ( a Memorandum 4#,,,_1(044211-1- TO: #a 04QK TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Pool Status DATE: May 20, 1999 Several items of which I've become aware that continue to complicate the pool issue: 1. Cost- $880,000 was the preliminary estimate for the construction cost. However, the consultant has advised us this week that the TOTAL cost is higher when total fees are factored in: $872,500 Construction Estimate $ 43,500 5% Contingency $916,000 Subtotal $ 68,700 7.5%Design Fees $ 9,160 1%Expenses $993,860 Project Total We need to be aware of this for budgeting purposes. Bruce Loney thinks there could be some significant savings by using Public Works employees for parts of the work. We will work with the consultant on that. 2. Staffing-Because of the uncertainties of how much,or if the facility will be open, we have offered jobs to the returning regulars positions,either with the pool, or a combination of with the pool and with the playground program. However, we have not at this time hired for concession workers. A decision will need to be made regarding whether we try to fill those positions,or just go with vending machines. 3. Routine Repairs-I've directed Ron Stellmaker to make whatever repairs that would normally be made in preparation for an anticipated normal operation. For example,the waterslide has fiberglass which has an annual need for repair,which will cost in the $1,500 range. There is the possibility that the waterslide may not be open this year, but we can't anticipate that now. Ron will go ahead and make repairs as usual. For your information. Mit 1., Out/- Mark McNeill City Administrator MM:tw A 14„....k vite cif 14 USAQUATICSINC. EQUAL OPPORTUNITY EMPLOYER 1999 SCHEDULE OF FEES AND CHARGES PERSONNEL CHARGES All time required in the performance of the Scope of Work will be charged at the Unit Price Hourly Rates as stated below: Labor Classification Hourly Rate Administrative $49 Drafter/CADD Operator 68 Project Inspector 80 Technician 72 Consulting Professional 98 Charges for contract personnel under USAquatics supervision and using USAquatics facilities will be made according to the hourly rate corresponding to their classification. OTHER PROJECT CHARGES Subcontracts and Equipment Rental The cost of services subcontracted by USAquatics to others will be charged at cost plus 15%. Other Project Non-Salary Expenses Other costs incurred by USAquatics, which are directly identifiable to the project will be charged at cost plus 15%. Communications The cost of communications will be charged at a flat rate of 3%of total gross labor charges. Document Reproduction In-house reproduction of copies will be charged at the following rates: black and white 8-1/2 x 11 $.15/page 11 x 14 $.17/page 11 x 17 $.20/page color 8-1/2 x 11 $2.00/page 11 x 14 $3.00/page 11 x 17 $3.50/page CONTRACT THIS CONTRACT, made and entered into this 18th day of May, 1999, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, Minnesota 55379, and US Aquatics, hereinafter referred to as the "Consultant" with offices at 2355 Polaris Lane North, #110, Plymouth, MN 55447. WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render certain consulting and engineering services more particularly described in Exhibit A; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Services. The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A. 2. Addition to Services. The City may add to the Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the City Administrator and shall be accepted and countersigned by the Consultant. 3 . Exchange of Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4. Personnel. The Consultant represents that the Consultant will secure at the Consultant's own expense, all personnel required to perform the services called for under this contract by the Consultant. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Consultant. All of the services required hereunder will be performed by the Consultant or under the Consultant's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. Term. The services of the Consultant shall be provided for one year. If neither party terminates this contract as provided below, this contract will automatically renew for one additional one-year term. 6 . Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of $68, 700.00 for professional services and $9, 160.00 for estimated expenses for all services required unless spe- cifically and mutually agreed to in writing by both the City and the Consultant. No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this contract and the work actually required. 7. Termination. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner the Consultant's obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the ef- fective date thereof, at least five (5) days before the effective day of such termination. City may without cause terminate this contract upon thirty (30) days prior written notice. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant. 8. Conflicts. No salaried officer or employee of the City, and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 9. Assignment. The Consultant shall not assign or transfer any interest in this contract, without prior written consent of the City thereto. 10. Confidentiality. Any reports, data, or similar information given to or prepared or assembled by the Consultant under this contract 2 which the City requests to be kept as confidential, or which is protected under Minn. Stat. Chapter 13, shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 11. Interest. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 12. Discrimination. The Consultant agrees in the performance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age, against any employee of the Consultant or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. The Contractor shall be bound by and comply with the provisions of Minn. Stat. Sec. 181.59 as fully as if it were set forth verbatim herein. 13 . Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of the Consultant's agents or employees as agents or employees of the City of Shakopee, Minnesota. 14. City Benefits. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker's Compensation Program of the City. 15. Liability and Indemnity. The parties mutually agree to the following: a. The Consultant shall hold the City harmless and agrees to defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses related to its work under this contract, or arising out of the award of this contract to Consultant. b. The Consultant assumes full responsibility for relations with subcontractors, and shall hold the City harmless and shall defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract. 3 16. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the City and the Consultant at the address shown above. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 17. Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. • US AQUATICS CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared By: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 is\clerk\Jeanette\usaqua.doc 4 1JS* uATics1112355 POLARIS LANE NORTH .110 PLYMOUTH, MN 55447 IN PHONE: (612) 745-9016 FAX: (612) 745-9243 March 22' 1999 Revised spate 9, 1999 I Mark McQuillan,Director Shakopee/Parks and Recreation 129 S. Holpres St. , Shakopee;MN 55379 Proposal for Services Pursuant to your request of March 19, 1999,we are pleased to have the opportunity to submit this propolsal for Consulting and Engineering services at Shakopee Outdoor Aquatic Center, Shakopee l' linnes4ta. I , We propose to provide all consulting and engineering services related to the Outdoor Aquatic Center fori'7 1/2%of estimated construction costs of the project as submitted in our August 1998 Shakopee iippol facility assessment. We are basing this fee structure on an estimated project at $872,500.1)0 plus 5%continbency of$43,500.00 for a total estimated consturction cost of $916,000.b4. Our proposed fee is plus reimbursable expenses per the attached"1999 Schedule 1 of Fees aril;Charges". Also, for budgeting purposes,our proposal is based on the renovated aquatic center being constructed at the existing swimming pool site and incorporating part or all of the exiting pool,no work on existing bathhouse or mechanical house is scheduled. The reimbursable expenses are usually for travel and reproduction expenses,unless directed by Owner to perform additional Consulting and/or Engineering. Also,soils exploration work, if required, utility work with related engineering would be provided by Owner as well as additional pp4arking,,road work or upgrades or renovation of bathhouse or mechanical house. If Owner desiies,USAquatics to perform engineering for above,this would be an example of additionalConsulting or Engineering as directed by Owner. USAquaties',will bel,the lead consultant and engineering entity on this project Our August 1998 assessment did not address any civil (site,utility and parking)work,nor bathhouse or mechanical house work'so engineering for such is not included in our proposal,but as mentioned above, could be aided to our work if directed by Owner and added to the budget to do so. i Shakopee Outdoor Aquatic Center,3/22/99 AQUATIC CONSULTING ENGINEERS USAntu►rics ime 1 I j r I ; Page Two ••f Please un erstandt USAquatics is a Consulting Engineering firm only,and does not build pools,nortdoes USAquatics represent any products or vendors. This means we don't"close spec"any poductsvendors or pool builders. We believe strongly in the competitive bid process,reviewing bids to assure the owner that the lowest competent and qualifies contractor and equip#nent vendors are used. The competitive bid process rather than"design build"or "design negotiated",often saves the owner more money than the owner pays in engineering and consulting services USAquatics is a member of the consulting Engineers Council of Minnesota, associate members Of League of Minnesota Cities,and members of the Minnesota Recreation and Park Association. I This proposal is broken down into four phases and is set up to do each phase separately as approved to proceed by Owner. Our proposal fee of 71/2%of a$916,000.00 budget estimate will be for$Phase 1 work. At the end of each phase a revised budget estimate will be submitted for approsal and ea0h subsequent phase will be based upon the approved budget estimate. Phases aarc defined by program and broken down as follows: 1 • Phase 1: I Design Development Phase;25%of 7 1/2% ! Aquatic program definition, scope of project definition,budget estimate, conceptual drawings,all for council approval Phase 2: I Construction Document Phase; 50%of 7 1/2% Prepare plans and specifications for construction documents,frontend of specifications to be provided to Owner. Phase 3: Bidding Phase; 5%of 7 1/2% Adv&tise for bids and solicit bids on behalf of Owners. Phase 4: i Contract Administration;20%of 7 1/2% Periodic construction observation to assure project is built to requirements set in ibid documents. All phased above are plus reimbursable expenses per our"1999 Schedule of Fees and Charges". Thank yo4 for the opportunity to present this proposal to you. We are excited about the project and are looking forward to working with you,the Park Board and City of Shakopee. 1 Respectfully submitted, Thomas R. Schaffer Shakopee Outdoor Aquatic Center i 1 * Ex(,;b;# 4 P% QUATICS 2355 POLARIS LANE NORTH #110 II II II II PLYMOUTH, MN 55447 PHONE: (612) 745-9016 FAX: (612) 745-9243 May 17 ,1999 Mark McQuillan, Director Shakopee Parks and Recreation 129 S. Holmes Street Shakopee, MN 55379 Budget Estimates New Gutter $ 60,000.00 (200 ft. of gutter,piping,drop slide supply) Surge Tank $ 50,000.00 New Inlet Piping (Around entire pool) Flow rate(g.p.m.)/Turnover(hrs.) 3,000 gpm/6 hr. $ 60,000.00 (10 in.to 6 in.on back %2) New Inlets Flow Rate(g.p.m.)/Turnover(hrs.): 3000 gpm/6hr. $ 12,000.00 (92 inlets,9 ft. o.c.@ 25 gpm ea.) New Bottom Drains $ 30,000.00 New Diving Well(demo existing shell) $160,000.00 New Pressure Filtration/Pump Equipment (Filter,pumps, strainers,valves&piping) Flow Rate(gpm)/Turnover(hrs): 3000 gpm/6hr. $180,000.00 New Chemical Controller $ 6,000.00 Water Level Controller $ 2,500.00 Upgrade Disinfection System and add pH Feed System $ 22,000.00 Demo work and replacement of disturbed areas $40,000.00 AQUATIC CONSULTING ENGINEERS USAQUATICS INC. Replace existing sand on pool bottom $250,000.00 Total $872,500.00 Five percent contingency $ 43,500.00 Total estimated contruction costs $916,000.00 Professional fees at 7 1/2% $ 68,700.00 1% estimated expenses $ 9,160.00 Total estimated project costs $993,860.00 Respectfully submitted, 9'4.4_ 2- Thomas R. Schaffer CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Pool Operation for 1999 & Season Pass Resolution 5174 Date: June 15, 1999 INTRODUCTION The City Council is asked to review the results of the swimming pond's water tests and make a decision to open or close the facility for the season. BACKGROUND Water quality tests were conducted over a period of two weeks at the municipal swimming pond. The purpose of test was to measure the consistancy of the chlorine and pH levels of the water. The results of the first week(Stage I) revealed the existing system(old chlorinator) could not maintain a free chlorine residual of at least 1.0 ppm in all areas throughout the day. However, when a new chlorination system was installed (Stage II), the tests revealed the new system could maintain a free chlorine residual minimum of 1.0 in all areas thoughout the pond which is required for pools. See Attachment A for the results of Stage I and II. Facility Manager Ron Stellmaker will explain the test results in more detail. The test results were reviewed and analyzed by Pool Consultant Tom Schaffer of US Aquatics. Mr. Schaffer is satisfied with the test results of Stage II and has indicated in his memorandum to the Parks and Recreation Director, the City can re-open the swimming pond as long as the water quality can be sustained to meet the minimum requirements for pools. See Attachment B. Pool Fees If Council decides to re-open the swimming pond, staff recommends reducing the fees for 1999 Season Passes. The daily admission will remain at $4. Staff recommends the following changes: City& Jackson Township Family $60 to $50 City & Jackson Township Individual $37 to $27 Louisville Township Family $71 to $61 Louisville Township Individual $48 to $38 Non-resident Family $81 to $71 02-4)4P '" Non-resident Individual $58 to $48 jece CO R e See Attachment C for Resolution to amend fees for season passes. v S1G� e(+;1 f 44 ALTERNATIVES 1. Re-open the swimming pond for the Summer of 1999 under the conditions specified in the Closure Policy. 2. Do not open the swimming pond. 3. Table the decision for further information from staff. RECOMMENDATION Re-open the swimming pond for the Summer of 1999 under the conditions specified in the Swimming Pond Closure Policy. ACTION REQUESTED Move to re-open the swimming pond for the Summer of 1999 under the conditions specified in the City of Shakopee's 1999 Swimming Pond Closure Policy. Offer Resolution No. 5174, a Resolution amending the 1999 City Fee Schedule to reduce the fees for season passes at the City of Shakopee Swimming Pond by $10, and move for its adoption. 1,464_ 174°Zit_ Mark J. cQuillan Parks and Recreation Director ATTACHMENT A 'WATER TESTING CHART I l CITY OF SHAKOPEE , i , , SECTOR 1 , DATE COMBINED FREE TOTAL PH ALK (CALCIUM TEMP TIME (CHLORINE 1CHLORINE CHLORINE HARD 1-Jun1 1 1 1 I 9:301 1 3' 41 7.81 50 12:301 01 3., 31 7.7'11 150/RAIN 3:301 POURING RAIN NO TEST 2-Jun 1 9:30 0.5 2, 2.51 7.61 50/CLOU 12:30] 0' 0.5 0.51 7.7i 50 3:30!, 01 0'' 01 7.71 150/CLOU 3-Jun] 9:301 0'1 2.5 2.5� 7.61 60 SUN STAGE I 12:30 0' 0.5 0.51 7.51 1 70 SUN 3:30 0 0.5' 0.51 7.71 - 70 SUN -Jun 49 30 0.5 2.5 3 7.81 � 160 RAIN 12:30 0.5 0 0.5 7.5' - - - - - 70 RAIN 3:30- 0 0 071-- 7.6 80 5-Jun 9:30 0 2 2 7.7' _ I70 SUN - - - 12:30 0 1 117.7', 85 SUN 3:307.6', 190 SUN 0' 0 25 0.251 - _ ______., 6-Jun,NO TESTING INSTALLED G INST - _ ' 6/7 -6/8 NEW SYSTEM BEING BEIN_ S - 9-Jun 9:30 0 3 37 8.2 !70 RAIN 12:30 0 0 0 7.7 170 SUN 3:30 0 0 0 7.8 185 RAIN'. 10-Jun - __ 9:30 0 1.5 1.51 8 ,70 RAIN-__12:30 0 2 2 7.7' 75 RAIN 1 1' 7.6' 75 CLOU 3.30'. 0 ,- 11-Jun 9:30 0 1.5 1.5 7.7' 60 RAIN STAGE II 12:30' 0 1.5 1.5 7.61 165 CLOU 3:30 0 4 4 7.6'1 - 12-Jun 9:30 0 2 2' 7.7 r_- 70 12:30 0 2 2 7.6.. 75 3:30 0 3 3 80 - - 14-Jun --- - -- -- 0- ------- 3.5 3.5, 7.71 160SUN 12:30 0 4 4 7.7''. 60 3:30 0 3.5 3.5, 7.61 Prepared by Ron Stellmaker Page 1 ATTACHMENT B 1: SUATrCS 2355 POLARIS LANE NORTH *110 N 11 11 II li PLYMOUTH, MN 55447 PHONE: (612) 745-9016 FAX: (612) 745-9243 June 15, 1999 Mr.Marl McQuillan Shakopee Community Center 1255 Funnier Street Shakope , MN 55379 Re: Shakopee Sand Bottom Swim Pond Dear Mr.iMcQuillan: Per our rficommen4ations of May 14, 1999,please note that: 1. Swim pond was filled and put into operation for five days. 2. Swim pond was divided into nine areas(per attached sketch). 3. Testing was conducted in each area at 9:00 A.M., 1:00 P.M.and 5:00 P.M. (with old disinfection system)from June 1 through June 5. An analysis of testing revealed that the existing system could not maintain a free chlorine residual df at least'11.0 PPM in all areas throughout the day. 4. Jule 6 andIJune 7 the new system was installed. 5. Tasting wars similarly conducted with the new system from June 9 through June 12 and Juppe 14. , I An analysis of this:itesting revealed that the new system did maintain a free chlorine residual of at least 1.0 IPM in at areas throughout the day. Also,with one exception,the pH level was within acceptablg limits on the last day of testing. 1 It is our finding thIt the test results,after the new system was on line,meet the requirements in Minnesota Rules,part 4717,throughout the swim pond. It is our recommendation that the pond be considered for opening to the public. Please unlerstand that once open,testing must continue at least three times daily at two shallow end locations,one deep end location,at the egress of the flume water slide and one test near the center of the pond.1 The entire facility must be closed if any of the tests are bad,until a point when chemical levels are back within required ranges. AQUATIC CONSULTING ENGINEERS USAQUATTCS Page Two I II I I I i June 15, 1099 I Shakopee(Swim Pond Per our May 14, 19199 correspondence,proper water chemistry is as follows: I Free available chlorine minimum 1.0 PPM Combined chlorine maximum 0.5 PPM p' 7.2 to 7.8(ideal 7.4-7.5) C anuric aid Zero(0) T finperature 76 to 83 degrees Calcium hardness 225 to 600 PPM Total alkalinity 80 to 110 PPM Please,f the health of your patrons,proper water chemistry should be maintained in all areas of the s pond during the entire day. ,Yqu�and Your sta must be commended on your efforts and it is your patrons that will benefit fiCb i those efforts. We`appreciate the opportunity to work with you and hope it`'you,your staff aOd'espectally gout patrons have a:fun,healthy and safe swim season. 'Pi it �, I - f1uUy o s fitted,t; I A) k . ,,,, , , . , ,ii' '' , 4, . . ,., , zeas 'Bch r, r ,i, z.5 I ,k y 1 s f 1 1 + j 1 6-14-1999 ',:: M , FROM SHAKOPEE COM CENTER 445 9172 P.3 I 1 ' T .1 { it : 1 l • 11 ,: ; ` I I W4.7k `a y 1 i V% i .L iI ' I 11X II ; is I1 j i � 1 •' 1 • 1 1 4* k t4 vt`+ c_ RESOLUTION NO. 5174 A RESOLUTION AMENDING RESOLUTION NO 5038 A RESOLUTION SETTING FEES FOR SEASON PASSES AT THE SWIMMING POND WHEREAS, the City Council has adopted a Fee Schedule for the fiscal year and WHEREAS, changing conditions and circumstances warrant amending the Fee Schedule NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That resolution No 5038, the 1999 Fee Schedule, is hereby amended on page 18 as follows: City & Jackson Township Family $50 City & Jackson Township Individual $27 Louisville Township Family $61 Louisville Township Individual $38 Non-resident Family $71 Non-resident Individual $48 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1999 Mayor of the City of Shakopee ATTEST: City Clerk /5 .C. 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council -� Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Tax Levy and Budget MEETING DATE: June 15, 1999 INTRODUCTION/DISCUSSION: By June 30, 1999 the City is required to certify to the Minnesota Department of Revenue its intent whether to locally levy the transit tax for taxes payable in the year 2000. Once certification of the City's intent is made, it cannot be reversed for taxes payable in 2000. If the City does not opt to levy the tax locally it will be levied by the Metropolitan Council. As a result of the STA's efforts during the 1998 legislative session, the transit tax is still to be listed separately on the property tax statements. Attached for the Council's information is the May 19, 1999 letter of the Minnesota Department of Revenue regarding this matter. The City's payable 1999 transit tax levy limit was$396,002. The payable 2000 transit tax levy limit would be$459,467. ALTERNATIVES: 1. Offer and approve a Resolution No. 5172 certifying the City of Shakopee's decision to locally levy the transit tax. 2. Offer and approve a revised Resolution No. 5172 certifying the City of Shakopee's decision not to locally levy the transit tax. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer and approve Resolution No. 5172 certifying the City of Shakopee's decision to locally levy the transit tax, and to direct the appropriate persons to communicate the Council's decision to the Minnesota Department of Revenue by June 30, 1999. R. Michael Leek Community Development Director TRANSIT.DOC/RML MINNESOTA Department of Revenue Property Tax Division Mail Station 3340 St. Paul, MN 55146-3340 Pholid051)296-3155 Fax(651)297-2166 MAY 2 1, 1999 May 19, 1999 -1 '' r'"" ' ` 1990 R. Michael Leek, Community Development Director City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379-1351 Dear Mr. Leek: The payable 2000 transit services levy limitation for operating costs and capital expenditures for the city of Shakopee has been determined. This levy limitation is determined and certified under M.S. 473.388, Subd. 7. The enclosed table shows the determination of this levy limitation. As in the past,this levy limitation amount is before HACA reduction. The statute requires that a municipality which intends to exercise the transit services local levy option for the taxes payable year 2000 must notify the Department of Revenue and the Metropolitan Council of its intent on or before June 30, 1999. The notification must include the amount of the municipality's proposed transit tax for levy year 1999, taxes payable 2000. If your city intends to levy a transit tax under the transit services local levy option for the taxes payable year 2000,please send us a certification of your city's intent along with a certification of your city's proposed payable 2000 transit tax on or before June 30, 1999. The amount of the proposed payable 2000 transit tax certified to the Department of Revenue should be the amount before HACA reduction. If the required certification is not received by the due date,your city may not levy a transit tax for the taxes payable year 2000. After June 30, 1999, your city's decision to levy or not to levy a transit tax for the taxes payable year 2000 is irrevocable. If your city has certified that it intends to levy a transit tax for the taxes payable year 2000, the only change that may be made after June 30, 1999 is to reduce the amount of the transit tax. Note: The 1999 Omnibus Tax Bill extends the overall levy limitation for one more year. If your city decides to levy a transit tax for the taxes payable year 2000, this levy will be subject to the city's payable 2000 overall levy limitation. If your city decides not to levy a transit tax for the taxes payable year 2000, your city's payable 2000 levy limit base will be reduced to exclude the transit tax levy component of the levy limit base under the transfer of function provision of the overall levy limit law(M.S. 275.72, Subd. 3). Continued... An equal opportunity employer TTY/TDD: (651)215-0069 If you have any questions concerning this letter or the enclosed table, please contact me. Sincerely, efiet44.A9/41-2161-e4.— Richard B. Gardner Research Analyst Supervisor Senior Enclosure cc: Richard P. Johnson Tim Fleetham, Budget Coordinator Associate Regional Administrator Metropolitan Council Metropolitan Council - •��, R kmsk' ?< . 1. Payable 1999 Levy Limit * $ 396,002 2. Payable 1998 Total Taxable Market Value ** $ 776,534,400 3. Payable 1999 Total Taxable Market Value ** $ 900,985,600 4. Payable 1999/Payable 1998 City Market Value Ratio (3/2) 1.160265 5. Payable 2000 Levy Limit(1 x 4) * $ 459,467 * Before HACA reduction. ** Includes tax increment values, fiscal disparity values, and powerline credit values. However, the amounts shown are after(1) limited market value adjustments and(2) market value exclusions for improvements made to qualifying homestead property ("This Old House" exclusions). Prepared by: Minnesota Department of Revenue Property Tax Division May 19, 1999 RESOLUTION NO. 5172 A RESOLUTION OF THE CITY OF SHAKOPEE OPTING TO LEVY THE TRANSIT TAX FOR PAYABLE 2000 WHEREAS,the City of Shakopee is required to notify the Minnesota Department of Revenue of it's intention whether to locally levy the transit tax for payable 2000; and WHEREAS,the City Council has found that it is in the City of Shakopee's best interest that the transit tax for payable 2000 be levied locally;and WHEREAS,the City of Shakopee's Payable 2000 Transit Services levy limit is $459,467.00: NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that the Minnesota Department of Revenue be notified by June 30, 1999,that the City of Shakopee will levy the transit tax locally for payable 2000. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee,MN 55379 TRANSIT.DOC/RML 2 15-.C .2_ . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Chapter 12 of the City Code, Subdivision Regulations MEETING DATE: June 15, 1998 INTRODUCTION: In 1996 the City of Shakopee established a Subdivision Review Committee(SRC)to review and recommend revisions to the City's subdivision regulations. In addition to the ordinance itself, the SRC reviewed the City's design criteria. The subdivision regulations recommended for approval by the SRC are more specific than the current regulations in the following areas: • Definitions • Requirements for preliminary and final plat submissions • The process of preliminary and final plat review • The effect of approvals and the effect of approvals. The proposed regulations differ from the current ordinance in that several specifications for public improvements would be removed from the ordinance, and incorporated into the design criteria. The criteria could more readily be amended by the Council than if they are incorporated in the ordinance. The Council is asked to consider adopting the Ordinance No. 552 and the accompanying ordinance summary. PLANNING COMMISSION RECOMMENDATION: On November 5th the Planning Commission voted 6-0 to recommend to the Council the adoption of the ordinance and ordinance summary. It's recommendation differs from the recommendation of the SRC in that the SRC had recommended a 32' local street width, while the Commission recommends a 30' local street width. This issue can be taken up at the time that the design criteria are presented to the Council. ALTERNATIVES: 1. Approve the proposed subdivision ordinance and ordinance summary as presented. 2. Approve the proposed subdivision ordinance and ordinance summary with revisions. 3. Do not approve the proposed subdivision ordinance and ordinance summary. R. Michael Leek Page 1 06/10/99SUBORD.DOC 4. Table the matter for additional information or other reasons. ACTION REQUESTED: A motion consistent with either alternative 1 or 2. R. Michael Leek Community Development Director R.Michael Leek Page 2 06/10/99SUBORD.DOC ORDINANCE NO. 552, FOURTH SERIES AN ORDINANCE OF THE UBDVISIONPEE,REGULATIONS.A, REPLACING CHAPTER 12, THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 12, Subdivision Regulations is hereby amended by replacing it with the following; SEC. 12.01. TITLE,PURPOSE,AND INTERPRETATION Sub_l, Title. Chapter 12 of the Shakopee Cord nance.'de all be Whennreferred to herein own as, and maybt shall be e referred to as the "Subdivision Regulations or Subdivision known as "this Chapter". Subd 2 Purposes. This Chapter is enacted for the following purposes: A. to protect and promote the public health, safety, and general welfare of the City of Shakopee; B. to provide for the orderly, economic, and safe development of land in accordance with the City of Shakopee's Comprehensive Plan; C. to ensure adequate provision of transportation, sanitary sewers, water, storm drainage, schools, parks, playgrounds, and other public services and facilities; and D. to promote the availability of housing affordable to persons and families of all income levels; E. to provide for uniform application and review processes. Subd.3. Scone. A. General Application. From the effective date of this Chapter, the subdivision of all land within the City of Shakopee shall take place in conformance with the provisions of this Chapter, except as provided below. The establishment of new land boundaries by a Registered Land Survey is considered the subdivision of land and must be in conformance with the provisions of this Chapter. B. Optional Subdivisions. Certain divisions of land may be made without following the provisions of this Chapter. However,the property owner may elect to follow this Chapter in order to obtain the benefits provided herein. This option is available to 1 the following divisions of land: 1. division of one parcel of residentiall` land �`-z nd into two to four parcels, where all resulting parcels will be a minimum of 20 acres in area and 500 feet in width. 2. division of one parcel of commercially or industrially zoned land into two to four parcels,where all resulting parcels will be a minimum of five acres in area and 300 feet in width; 3. divisions creating cemetery lots; 4. divisions resulting from court orders; and 5. divisions resulting from the adjustment of a lot line by the relocation of common boundary. If a property owner files an application for an optional subdivision, certify that the days after receipt of the application,theG + Gle Planner subdivision regulations are optional to that particular division. C. Non-Conforming Subdivisions. Any existing subdivision of land which was legally established but is not in conformance with the provisions of this Chapter shall be regarded as non-conforming and may continue in existence only for such period of time and under such conditions as is provided for in Sec. 12.91 of this Chapter. Subd 4 Apphication of Rules. A. In their interpretation and application,the provisions of the public healthshall safety, general be the minimum requirements for the p motion welfare, and sound land subdivision. B. Where any provision of this Chapter is either more restrictive or less restrictive than a comparable provision imposed by any other code, ordinance, statute, or regulation of any kind, the more restrictive provision, or the provision which imposes a higher standard or requirement, shall prevail. C. No land shall be divided, combined, subdivided in any ss otherwise providedthat is not y this in conformity with the provisions of this Chapter Chapter. D. No person shall install a new street, alley, or other public improvement, except in conformity with this Chapter. 2 in shall have the menings ned to them E. Words or terms definedclearly Chapterraas Chapter. The present unless such meaning is contrary to the intent of th tense shall include the past and future tenses. Subd 5 Severability Every section or subdivision of this Chapter is declared separable from every other section or subdivision. If any section or subdivision is held to be invalid by competent authority, such action or decision shall invalidate no other section or subdivision. 3 SEC. 12.02. DEFINITIONS. Definitions in Chapter 11 are adopted by reference. Where inconsistent, definitions in this Chapter shall prevail. The following terms, as used in this Chapter, shall have the following meanings: 1. "Developer" -The property owner or the property owner's designee. 2. "Improvement" -The preparation of land for and the installation of streets, street pavement, utilities, or other public facilities. 3. "Lot" - An area, parcel, or tract of land which was created or is recognized as a lot under this Chapter. 4. "Nonconformity" - Any lot or final plat lawfully existing on the effective date of this Chapter which does not comply with all requirements of this Chapter or any amendments hereto. 5. "Oversizing"—Constructing an improvement in a size larger than needed for a particular development, in order to accommodate needs outside the boundary of the development. 5. "Parcel" - Any piece of land. 6. "Planner" -The Director of Community Development or the Director's designee. 7. "Plat" -The drawing of a subdivision prepared for filing of record pursuant to Minn. Stat. Chapter 505. 8. "Security" - A financial guarantee to assure that improvements are satisfactorily dedicated, constructed, installed, completed, and maintained, at no cost to the City. 9. "Street" - A public right-of-way affording primary access by pedestrians and vehicles to abutting properties. A street may be of any of the following types: A. "Local Street" - A street principally designed to carry motor vehicles from individual lots or parcels to a collector street. B. "Collector Street" - A street principally designed to carry motor vehicles from local streets to another collector street or to an arterial street. C. "Arterial Street" - A street principally designed to carry motor vehicles across, into, or out of the City. 4 10. "Subdivision" -The separation of a parcel under single ownership into two or more parcels, the combination of parcels, or the separation of a parcel under single ownership into two or more long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets or alleys for residential, commercial, industrial, or other use. 5 SEC. 12.15. SUBDIVISION REQUIREMENTS. Each subdivision shall establish the number, layout, and location of lots, blocks, and parcels to be created, location of streets, utilities, park and drainage facilities, and lands to be dedicated for public use. SEC. 12.20. CLASSIFICATION OF SUBDIVISIONS. Subdivisions are classified as minor or major. A minor subdivision may be used for making small changes in lot lines, and can be approved administratively. A major subdivision is for more complex changes, and requires several steps. Certain subdivisions may be made without following the provisions of this Chapter, as described in Sec. 12.01, Subd. 3.B, but the property owner may elect to follow this Chapter in order to obtain the benefits provided herein. SEC. 12.21. MINOR SUBDIVISIONS. Subd. 1. Definition. The following are minor subdivisions that may be approved administratively: (1) a lot is being divided into a maximum of five lots, (2) a maximum of five lots are being combined into four or fewer lots, or (3) where common boundaries between lots are being relocated. Subd. 2. When Prohibited. The Planner may not approve a minor subdivision in the following situations: A. Where the subdivision includes a change in existing streets, alleys, water, sanitary or storm sewer, or other public improvements. B. Where additional right-of-way needs to be dedicated, and the right-of-way has not previously been deeded to the City. C. Where easements need to be changed for the subdivision, and the appropriate changes have not been made through vacation and/or deeding of easements to the City. D. Where new streets, utilities, or other public improvements will be needed other than to directly serve the lots created and to provide a direct connection to an existing and approved system. E. Where the proposed minor subdivision involves any unplatted property. F. Where the proposed minor subdivision involves unusual elements, policy decisions, that the Planner determines require detailed review. 6 Subd. 3. Procedure. A minor subdivision shall be approved in compliance with the following procedures: A. The developer shall submit an application along with all required fees. B. The developer shall provide a survey or surveys showing the lot or lots as they exist before the minor subdivision, and the proposed lot or lots. The developer shall provide an accurate legal description of the proposed lot or lots. All lots created or changed must meet the design standards and other requirements specified in Chapter 11, upon approval of the minor subdivision. C. The developer shall submit proof that any additional easements required by the City have been granted, and that any conflicting easements have been vacated. D. The minor subdivision shall meet all requirements specified in Sections 12.60 through 12.71, as applicable. E. When the minor subdivision is approved,the Planner will cause it to be recorded. 7 SEC. 12.26. MAJOR SUBDIVISION APPROVAL PROCESS. Approval of a major subdivision requires approval of a preliminary plat, then approval of a final plat. SEC. 12.27. PRE-APPLICATION MEETING. Prior to submitting an application for preliminary plat approval, the developer will meet with the Planner or his/her designee in a pre- application meeting. In this meeting general concerns and the general concept of the proposed subdivision can be discussed. SEC. 12.28. PRELIMINARY PLAT APPROVAL PROCESS. Subd. 1. Initial Submittal. Prior to submitting the formal application for preliminary plat review tThe developer shall file five (5) copies of a preliminary plat drawing and related documentation with the Planner. Subd. 2. Review. A. Review for Compliance with Submittal Requirements. The Planner or his/hcr designee shall review the drawing and documents to ascertain that they meet all submittal requirements specified in Sec. 12.54. If the drawing and documents do not meet all submittal requirements identified in Sec. 12.54, then the developer shall be notified of the items that are missing or inadequate within ten(10) working days. B. Review for Compliance with Design Criteria. Once a drawing and documents are determined to meet all submittal requirements, the Planner or his/her designee shall review the drawing and documents for compliance with the design criteria in Sections 12.60 through 12.71. If the drawing and documents do not comply with the design criteria in Sections 12.60 through 12.71,then the developer shall be notified of the items that do not comply. C. Outside Review. Once a drawing and documents are determined by the Planner of hisiher--designee to substantially comply with the design criteria the developer shall submit twenty(20) copies of the submittal materials for outside review. The Planner ec-his/her designee may seek comments on the drawing and documents from appropriate governmental entities and agencies, utilities, and others. D. Determination of Complete Application. Upon receipt of these 20 copies, the drawing and documents shall be considered a complete application for a preliminary plat. The Planner shall forward the application for a preliminary plat to the Planning Commission for consideration. 8 Subd. 3. Planning Commission Review. A. Public Hearing. 1. A public hearing shall be scheduled before the Planning Commission on the application for a preliminary plat. Notice of the time and place of the hearing shall be published in the official newspaper at least ten days before the day of the hearing. 2. At the public hearing, all persons interested shall be given an opportunity to be heard. B. Planning Commission Recommendation. 1. Decision. At the close of the public hearing, upon discussion and review, the Planning Commission shall recommend approval, approval with conditions, disapproval of the preliminary plat, shall otherwise forward the plat for consideration to the City Council. or may table the matter or continue the public hearing. If disapproval is recommended tThe reasons for disapproval shall be stated. 2. Grounds for Decision. The Planning Commission shall base its recommendation on the purposes and requirements of this Chapter, on comments received from staff, other governmental entities and agencies, utilities, the public, and the developer. In making its recommendation, the Planning Commission shall consider the following factors: a. whether the layout of streets, lots, utilities, and public improvements, and their relation to the topography of the land, reflect good planning and development for the City; b. whether the subdivision preserves the site's important existing natural features; c. whether the proposed plat will facilitate the use and future development of the adjoining lands; d. whether the subdivision can be economically served with streets, public services, and utilities; e. whether all applicable provisions of the City Code are met; and f. whether the subdivision is in conformance with any official map of 9 the City and the Comprehensive Plan. Subd. 4. City Council Review. When the City Council receives a preliminary plat for consideration with the Planning Commission recommendation, the City Council shall approve, approve with conditions, or disapprove the preliminary plat based upon the grounds for decision set forth above and the purposes of this Chapter. The City Council may elect to approve only a portion of a preliminary plat, and disapprove the remainder. The City Council has final authority to approve, approve with conditions, or disapprove a preliminary plat. Subd. 5. Time Limitation. A. Time Limit. The City Council shall approve or disapprove a preliminary plat within 60 120 days following delivery of a complete application, unless the City has approved a 60-day extension for good cause shown. An extension beyond 120 days may only be approved if requested or : -• •--- • ••• . - - agreed to by the developer. B. Failure to Approve within Time Limit. If the City Council fails to approve or disapprove a preliminary plat in accordance with Subd. 5.A. above within the 120 4ay-peried;the preliminary plat shall be deemed approved, and upon demand the City shall execute a certificate to that effect. 10 SEC. 12.32. FINAL PLAT APPROVAL PROCESS. Subd. 1. Based on Preliminary Plat. After the approval of, or during review of, the preliminary plat, prior to the expiration of the approval period described in Sec. 12.34,the developer may submit a final plat drawing and related documentation for all or a part of the land covered in the preliminary plat. If the final plat is limited to a portion of the preliminary plat, that portion must conform to all requirements of this Chapter. Subd.2. Initial Submittal.Prior to submitting the formal application for final plat review the developer shall submit five( ) copies of a final plat drawing and supporting documentation. Subd. 3. Review. A. Review for Compliance with Submittal Requirements. The Planner mer designee shall review the drawing and documents to ascertain that they meet all submittal requirements specified in Sec. 12.56, and begin review to determine whether the final plat is in substantial conformity with the preliminary plat and satisfies any conditions specified in the preliminary plat. If the drawing and documents do not contain all submittal requirements identified in Sec. 12.56, then the developer shall be notified in writing of the items that are missing or inadequate within ten (10)working days. B. Review for Compliance with Conditions. Once the drawing and documents are determined to be contain meet all submittal requirements, the Planner shall continue to review the drawing and documents for substantial conformity with the preliminary plat, conformity with this Chapter, and satisfaction of any conditions specified in the preliminary plat. If the Planner determines that the drawing and documents are not in substantial conformity with the preliminary plat or do not satisfy the conditions specified in the preliminary plat, then the developer shall be notified of the items that are not in conformity or conditions that have not been met. The developer may request the Planning Commission to rule on the issue of substantial conformity. Their ruling shall be final. C. Outside Review. Once the drawing and documents are determined to substantially conform with the preliminary plat,this chapter,and to satisfy any conditions specified in the preliminary plat, as determined by the Planner, the developer shall submit a number of twenty(20)copies as required by the Planner for outside review. The Planner may seek comments on the drawing and documents from appropriate governmental entities and agencies, utilities, and others. If the drawing and documents are not in substantial conformity with the preliminary plat, do not satisfy the conditions specified in the preliminary plat, or do not comply with state law or regulation, then the developer shall be notified of the items that do not comply. 11 D. Determination of Complete Application. Once the drawing and documents meet all submittal requirements, are in substantial conformity with the preliminary plat, and satisfy all preliminary plat conditions, based on internal and outside review, the developer shall submit 20 copies of the revised drawing and documents. Upon receipt of these 20 copies, the drawing and documents shall be considered a complete application for a final plat. The Planner shall forward the application for a final plat to the City Council for consideration. Subd 4 City Council Review. The City Council shall review the application for a final plat for compliance with City Code requirements. The City Council may approve, approve with conditions, or disapprove the final plat. If the City Council determines that the final plat is not in substantial conformity with the preliminary plat, the City Council shall disapprove the plat, or, if the developer agrees to extend the time, the City Council shall return the plat to the Planning Commission for review and recommendation. The City Council �authority to apprope, approve withlnal plat, and disapprove the remainder. The City Council has final a conditions, or disapprove a final plat. Subd. 5. Time Limitation. A. Time Limit. The City Council shall approve or disapprove a final plat within 60 days following receipt of a complete application. The City Council may extend the period an additional sixty (60) days for cause shown. Written notice of the extension must be provided to the applicant. An extension of this time period beyond one hundred and twenty (120) days may be approved if requested by or agreed to by the developer. B. Failure to Approve within Time Limit. If the City Council fails to approve or disapprove a final plat within the 60-day period, and if the developer has complied with all conditions and requirements, the final plat shall be deemed approved, and upon demand the City shall execute a certificate to that effect. Subd. 6. Recording. A. No changes, erasures, modifications, or revisions shall be made in any final plat of a subdivision or any other approved division after approval has been given under the provisions of this Chapter, except as required in the conditions set by the City Council or if authorized by the Planner to correct nonsubstantive errors. B. After approval of a final plat by the City Council, the developer shall submit the following to the Planner: 1. three paper copies of the construction plans; 12 2. a copy of the subdivision plat drawing on disk in an electronic format approved by the City Engineer, or shall pay a drafting fee as specified under the current fee schedule so that the City may secure its own electronic copy; 3. copies of any required permits; 4. evidence of title, as described in Sec. 12.57; 5. the park dedication fee as set forth in Sec. 12.70; 6. security for improvements as required under Sections 12.40 through 12.51; 7. a signed developer's agreement, if required under Sec. 12.57, Subd. 3; and 8. trunk sanitary sewer fee and other applicable fees for public improvements. 9. A reduced mylar of the plat at a scale of 400':1'. C. Five mylar, or(or other prints consistent with county recording standards)—copies of the final plat shall be signed by all parties holding an ownership interest in the property being platted, the Mayor, the City Attorney, and the City Clerk. D. The City Clerk shall not sign the final plat until all conditions of approval have been met, the developer's agreement(if required) has been executed, and the City Attorney has approved title. E. If the plat is not recorded within 30 days after approval by the City Council, the City Clerk shall so notify the City Attorney, who may require additional proof of good title. F. Each final plat shall be recorded with the Scott County Recorder/Registrar of Title. G. After the plat has been recorded, an additional reproducible mylar print of the final plat shall be filed with the Planner, along with two paper copies of the final plat. 13 SEC. 12.34. EFFECT OF PRELIMINARY AND FINAL APPROVAL. Subd. 1. Approval Period. City Council's approval of a preliminary plat shall remain in effect for a period of two (2)years from the date of approval. City Council's approval of a final plat shall remain in effect for a period of two (2)years from the date of approval. Prior to recording of a plat, the developer may withdraw the plat, in which case City Council's approval of the plat is void. Subd. 2. Extension of Approval. Upon request by the developer, the City Council may extend the approval period for a preliminary or final plat, subject to all applicable performance conditions and requirements. A request for an extension of approval must be filed on or before the expiration date of the preliminary or final plat. If the approval period has expired, the City Council may require a new submittal unless substantial physical sub substantial financial damage as as�onsequele nce of ance on the approved plat and the developer suffer a requirement to submit a new submittal. Subd. 3. Automatic Extension for Preliminary Plats. The approval period for a preliminary plat shall be automatically extended for an additional 12 months each time the City Council approves a final plat for any portion of the land included in the preliminary plat. Subd. 4. Rights During Approval Period. During the approval period set forth in Subd. 1 above, unless the developer and the City Council agree otherwise, no amendment to a comprehensive plan or other ordinance shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved plat. 14 SEC. 12.40. DEVELOPER SHALL CONSTRUCT IMPROVEMENTS. Subd. 1. Responsibility. The developer shall construct all improvements required in a plat, except for specified improvements that the City has agreed to construct and assess as provided in Sec. 12.41. Before the final plat is recorded, the developer shall provide for extension of the improvements described in this Chapter to all lots in the areas to be included in the final plat at no cost to the City. Subd. 2. Cost. A. All required improvements shall be constructed by the developer at no cost to the City, except for oversizing expenses. B. The City will pay for oversizing when the oversizing is done at the specific written request of the City. C. When an improvement is oversized the City's share of the cost of construction shall be that portion attributable to the oversizing, and shall be as approved by the City Engineer. Subd. 3. Standards. The improvements shall be installed in accordance with the construction plans approved by the City Engineer and the provisions of this Chapter. Subd. 4. Final Plat of a Part of the Preliminary Plat Area. If the final plat does not include all land included in the preliminary plat, temporary improvements may be allowed or required by the City Council on land included in the preliminary plat but excluded from the final plat. Temporary improvements may be required in that area if necessary to protect neighboring property, to comply with provisions of the City Code, or to assure the orderly development of the property in the plat. Subd. 5. Temporary Improvements. The developer shall build and pay all costs for temporary improvements required by the City Council and shall maintain all temporary improvements for the period specified by the City Council. Prior to construction of any temporary improvement, the developer shall file with the City satisfactory security which shall insure that the temporary improvements will be properly constructed, maintained, and removed and replaced with permanent improvements if necessary. Subd. 6. Insurance. When performing work in the public right-of-way, the developer shall have insurance sufficient to protect the City from any liability or harm. No construction shall commence until the City Clerk has received and approved a certificate showing such insurance. 15 SEC. 12.41. CITY MAY CONSTRUCT IMPROVEMENTS. Subd. 1. Upon Request. A developer may requer est t eSCityat. to conhapter tru t improvements in a plat and assess the costs of their construction Subd.2. Procedures. If the developer wants the City to construct the improvements, the developer shall comply with the following procedures: A. Petition. The developer shall submit a petition to the City Council requesting that the City to construct specified improvements, and waiving all rights to appeal the amount of special assessments which are assessed as a result of the installation of the improvements. B. City Council Action. The City Council shall consider the petition, and may, in its sole discretion, choose to accept or reject the petition. C. Construction of Improvements. If approved by the City Council, the specified improvements shall be constructed in accordance with Minn. Stat. Chapter 429. The City shall have sole responsibility for administration of the project, and will not be responsible for meeting any completion dates scheduled by the developer. The City shall not be responsible for any damages as a result of delays in the project. If the contract for the project is awarded on a unit price basis,the City may authorize changes in the contract so as to include additional units of work at the same unit price, so long as if the cost of the additional work does not exceed 25 percent(25%) of the original contract price. By requesting that the City construct the improvement, the developer acknowledges that any changes or additional work required shall be approved by the City. D. Developer to Pay. The developer agrees to pay the assessments on the following terms and conditions: 1. The developer shall waive and release any and all objections of every kind to assessments levied by the City for the specified improvements, including without limitation; objections to procedures and hearings before the City Council in connection with the Improvements and assessment therefor, objections resulting from failure to fully comply with any applicable statute, and objections to the amount of any assessment levied against any property herty of the developer that is benefitted : : -- . = - . •• ' Improvements. 2. The developer shall waive and release the right to appeal the assessment. 16 to seek the developer's approval of the bid amount. Failure to notify the the assessments- 3. The Developer shall pay the annual installments of special assessments and taxes when due. The Developer may not claim green acres status on any benefitted land. E. Early Assessment. The developer may request that the special assessments be levied prior to the final wear course being placed on streets. The final decision as to when special assessments are levied is at the sole discretion of the City Council. The cost of the final wear course may be estimated and included in the early assessment, or it may be levied after the final wear course is placed on the streets. F. All Costs Assessed. The entire cost of the installation of the specified Improvements, including any reasonable engineering, legal, and administrative costs incurred by the City, shall be paid by the developer to the City as special assessments levied against the benefitted land. The developer also shall pay any applicable interest. G. Occupancy Permits. No occupancy permit shall be issued for any lot unless any levied special assessments for that lot have been paid. If special assessments are pending but not levied, then an occupancy permit may be issued for a lot only if the developer has agreed in writing to pay the special assessments when levied. Once the pending assessments are levied, no further occupancy permits will be issued for any lot in the subdivision until all special assessments have been paid on the lots which already have occupancy permits. H. Security for Special Assessments. A developer shall provide security for special assessments under one or more of the methods in this paragraph. 1. Seventy-five Percent Cash Deposit. Prior to the recording of the final plat, the Developer shall pay to the City in cash a deposit in the sum and amount of seventy-five percent(75%) of the City Engineer's estimated total assessment for all such Plan B Improvements, said amount to be paid upon execution of the Developers Agreement. The cash so paid by the Developer to the City will bear interest for each year at a rate equal to one percent(1%) below the average interest rate(rounded to the nearest quarter percent) on the investments held by the City on December 31'of the respective year until said deposit plus all accrued interest shall be used to pay the remainder of the assessments due. Any excess in deposits will be returned to the developer. If the Developer fails to pay any assessments, interest or penalty as the same come due,the City may draw on said deposit for any such amounts not paid. 17 Those assessments as levied shall be paid by the Developer to the City as special assessments levied against the benefited land. 3. Letter of Credit. Prior to the recording of the final plat,the Developer shall submit to the City a certified letter of credit approved by the City Attorney made payable to the City of Shakopee upon which the City may draw, in the amount of 75% of the City Engineer's estimated total assessment for all such Plan B Improvements; said letter of credit to be submitted upon execution of the developer's agreement. If the Developer fails to pay any assessments, interest or penalty as the same come due, the City may draw on said letter of credit for any such amounts not paid. Those assessments as levied shall be paid by the Developer of a future lot, piece or parcel owner to the City as special assessments levied against the benefited land. The letter of credit shall be renewed annually. If not renewed,the City shall draw on all of the money in the existing letter of credit before it expires. The letter of credit shall be terminated upon payment of all assessments due on developer owned lots and may be reduced to equal the actual amount of assessments due when 75% or more of the assessments have been paid. Reductions shall be limited to one per year. I. Payment within Ten Years. All special assessments must be paid in full within ten years from the date the special assessments are levied. If the special assessments are not paid, the developer will be personally liable for any unpaid special assessments plus interest, collection costs, and attorneys' fees. J. Easements and Right-of-Way. The developer shall provide the City, at no cost to the City, with all permanent or temporary easements and rights-of-way necessary for the installation of the specified or future improvements. 18 SEC. 12.42. CHANGE IN WHO CONSTRUCTS IMPROVEMENTS. Subd. 1. City to Construct Improvements. The developer may request that the City construct some or all of the improvements originally planned to be constructed by the developer. If the City Council approves, then the specified improvements shall be constructed by the City as set forth in Sec. 12.41. Subd.2. Developer to Construct Improvements. The developer may request that the developer be allowed to construct some or all of the improvements originally planned to be constructed by the City. If the City Council approves,then the specified improvements shall be constructed by the developer as set forth in Sec. 12.40. Security shall be provided as described in this Chapter. SEC. 12.43. DEDICATION OF PUBLIC IMPROVEMENTS. Subd. 1. Improvements. All public improvements shall be dedicated to the City free and clear from any encumbrances. Dedication shall become effective upon written acceptance of the improvement by the City Engineer. Subd. 2. Easements. A public easement or right-of-way shall be dedicated around all public improvements, including streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds, and similar utilities and improvements. 19 SEC. 12.46. TIMING OF IMPROVEMENTS. Subd. 1. Construction Timing. A. After Preliminary Plat Approval. Grading may be done after the City Council has approved a preliminary plat. No other public improvements shall be made or constructed prior to the City Council approval of ing a final plat. B. Acceptance. Grading done prior to the approval of a final plat are at the developer's risk. The City may refuse to accept any grading or other public improvements if the improvements were not inspected by the City at the time of installation, all engineering and inspection fees were not paid, the improvements were not constructed according to City design criteria, or security for maintenance, as described in Sec. 12.50, Subd. 3, is not provided. Subd. 2. Construction Required Before Recording Final Plat. The City Council may require that certain public improvements be installed and dedicated prior to recording the final plat, when necessary for the protection of other property. Subd.3. Construction After Recording Final Plat. If a public improvement is not constructed, installed, and dedicated prior to recording the final plat, then security shall be provided to the City to assure the satisfactory completion of the improvement at no cost to the City. SEC. 12.47. SECURITY OPTIONS FOR IMPROVEMENTS CONSTRUCTED BY THE DEVELOPER Subd. 1. Options for Different Types of Security. The security for improvements shall be in a form acceptable to the City. The City has approved several options, and the developer may choose which option or combination of options to utilize. The options are as follows: A. cash, B. letter of credit, C. bond, D. escrow agreement, and E. other security agreement. A letter of credit, bond, escrow agreement, or other security agreement shall be in a form approved by the City Attorney. 20 Subd. 2. Amount of the Security. A. Improvements. Security shall be provided in an amount sufficient to satisfactorily complete the construction, installation, and dedication of all public improvements and erosion control measures, including all improvements required outside the final plat. B. Inspection and Administration. The security shall include an amount sufficient to cover 100% of the estimated costs of City inspection and administration as set forth in the City's fee schedule. C. Total. The amount of the security shall equal 125% of the estimated total cost of the improvements plus 100% of the estimated costs of City inspection and administration. D. Estimate Made. The estimate of total cost shall be submitted by the developer and approved by the City Engineer. Subd.3. Timing. The security shall be provided to the City and approved prior to recording the final plat. Subd. 4. Deferral. The City Council may defer or waive, subject to appropriate conditions, the construction of any improvement which, in the City Council's judgment, is not in the best interests of the public health, safety, and general welfare, or which is inappropriate due to inadequacy or lack of connecting improvements. Security will not be deferred. The developer shall provide security to insure that, upon demand by the City, any deferred improvement shall be constructed. Subd. 5. Improvements Excluded from the Security. If the developer has entered into an agreement with the Shakopee Public Utilities Commission for construction of an improvement, and has made satisfactory security arrangements with Shakopee Public Utilities for the improvement, then no security for the improvement shall be required by the City. Subd. 6. Exchange of Security. At any time during the period of the security, the City Attorney may accept a substitution of principal or sureties on the bond, or a substitution of a letter of credit, escrow, or other approved security agreement. SEC. 12.48. DETAILS REGARDING SECURITY OPTIONS. Subd. 1. Letter of Credit. A letter of credit shall be payable to the City of Shakopee. Subd. 2. Bond. A bond shall be a performance bond with one or more corporate sureties engaged in the business of signing surety bonds in the State of Minnesota. The bond shall include a provision that the principal of the bond shall comply with all the terms of the resolution of final plat 21 approval relating to construction of required improvements. Subd.3. Escrow Agreement. The escrow holder shall be a responsible independent third party, acceptable to all parties. SEC. 12.49. SECURITY PERIOD. Subd. 1. Period. Security shall be for an initial period estimated by the developer and approved by the City Engineer, and shall be at least 30 days longer than the time necessary for completion of all improvements. The developer shall extend or renew the security as necessary to provide security until all improvements have been completed and accepted by the City Engineer. are-c-emplete. Subd.2. Extension or Renewal of Security. Security shall be automatically renewable. An Subd. 3. Completion Within Ten Years. Unless otherwise limited in the developers agreement all improvements must be completed within ten years from the date of the final plat approval, or receive City Council permission for extension or renewal of the security. ^tsmeeti:g In determining whether to allow extension or renewal the City Council shall consider whether there is a need for the improvement. If the Council determines that there is no need, then the security shall be released. If the Council determines that there is a need, then the Council shall determine whether the improvement should be ordered constructed either at the developer's or the City's expense, and whether the security should be extended or renewed for an additional period of time. SEC. 12.50. REDUCTION IN SECURITY. Subd. 1. When May Be Reduced. A. In General. Security may be reduced upon request by the developer after acceptance of an improvement by the City Engineer. The improvement shall be a complete system, such as all of a particular utility or a block of street paving, and shall have separable costs of at least 20 percent of the total amount of the security. In no event shall the security be reduced below 25% of the original amount of security (plus 100% of the estimated cost of any unpaid inspection and administration costs), nor below 125% of the amount which the City Engineer deems necessary to complete all remaining improvements. B. Streets. When all improvements have been accepted by the City Engineer except for the final wear course on a street, then upon request by the developer the City Engineer may reduce security to 200% of the cost to install the final wear course. Prior to reducing the security the developer must provide the City with security for maintenance of all improvements other than the street, as set forth in Subd. 3 below. 22 Subd.2. When May Be Released. Security may be released in the following circumstances and when the developer complies with Subd. 3 below: A. security may be released for any improvement which the City Council has agreed to construct under Chapter 429; B. security may be released for any improvement for which the developer has provided cash as payment in full for the developer's share of the cost of the improvement, at 125% plus engineering and administrative costs, which improvement cannot be timely constructed by the developer, or which improvement the City Council determines is not appropriate for immediate development due to incompatible grades, future planning, inadequate or lack of connecting facilities, or other reasons. If the amount of security estimated for completion of the improvement exceeds the actual costs, the City shall return any excess to the developer, witheet interest, upon completion of the improvement; C. security may be released when the City Engineer determines that all required improvements have been satisfactorily completed in accordance with the approved construction plans, and that the developer has given the City Engineer a detailed"as- " record drawing survey of the plat showing details as required by the design requirements and in compliance with Subd. 3 of this Section. Subd. 3. Security for Maintenance. Security shall not be released for any improvement until the developer has submitted security assuring the satisfactory condition of the improvement for a period of one year after acceptance by the City. If the improvements were constructed without security, security for maintenance still is required. This security may be any security listed as an option in Sec. 12.47, except that a maintenance bond shall be provided in place of a performance bond. The amount of the security shall be 60 percent of the total cost of the improvements. SEC. 12.51. WHEN SECURITY MAY BE DRAWN UPON. The City may draw upon the security whenever it appears that the developer will not comply with the conditions of the final plat, pay the administrative and inspection fee, or comply with the requirements of this Chapter, including completion of all improvements prior to expiration of the security. The City shall make reasonable efforts to notify the developer prior to making any draw. 23 SEC. 12.54. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLATS. Subd. 1. Documents Required. The preliminary plat shall include the entire land area owned or controlled by the developer, unless the excluded land is of a size described as an optional subdivision under Sec. 12.01, Subd. 3.B. A developer shall submit the following documents to the Planner: A. A completed application form; B. A general narrative description of the project(not to exceed 3 pages-length); C. Fees as specified in the adopted City fee schedule; D. A description of any requested variances; E. A wetland delineation report when applicable, F. When applicable to the land being subdivided, the developer shall submit the following documentation: 1. Evidence that a county highway permit will be granted, if the site will have access to a county road; 2. A landscape plan meeting the landscaping and tree preservation requirements of City Code Sec. 11.60, if trees over six inches in diameter at 3. In rural service areas soil percolation tests, soil borings and sewage treatment design for two sites per proposed lot, conforming to the testing procedures of the Shakopee sewage disposal and treatment code; and 4. A petition for improvements intended to be constructed by the City and developer; and G. All required drawings as specified in Subd. 2. Subd. 2. Drawings Required. In submitting a preliminary plat for consideration, the developer shall submit the following drawings which are described in detail below: A. 20 copies of a drawing of the preliminary plat; B. 20 copies of an existing conditions map; 24 C. 20 copies of a grading and erosion control plan; D. 20 copies of a street and utilities plan; E. 20 copies of a stormwater management plan; F. Copies of other documentation as deemed appropriate or necessary by the Planner; and C. if the plat dees net include the-entire land area-owned er controlled by the developer, Subd. 3. All Drawings. Each drawing submitted by the developer must be on paper which is 22- inches by 34-inches, unless otherwise approved in advance by the City Engineer. In addition, the developer shall provide one paper copy of each drawing on paper which is 11-inches by 17-inches. Each drawing shall contain the following items: A. a north arrow; B. a graphic scale with a minimum scale of one inch equals one hundred feet for parcels under 20 acres. For parcels larger than 20 acres, the Planner may authorize a smaller scale, provided that the plat must be easily interpreted at that scale. A scale of one inch equals 50 feet is preferred; C. the date of the original drawing and all revisions; E. existing and proposed street rights-of-way; and F. the boundary of the subdivision. Subd. 4. Preliminary Plat Drawing. In addition to the items listed in Subd. 3 above, a preliminary plat drawing shall contain the following items: A. a title block containing the name of the subdivision, "Shakopee, Minnesota", and "Preliminary Plat"; B. the legal descriptien of the entire parcel proposed for subdivision; B. the boundary of the subdivision to scale, showing existing permanent monuments, angles, bearings, and distances; C. the property lines and property identification (PID) numbers of all parcels of land 25 within 100 feet of the parcel proposed for subdivision; D. The property lines and the property identification numbers(PIDs) of all parcels of land within 100 feet of the parcel proposed for subdvision; E. the name and address of the developer; F. the name and address of any design professional involved in the preparation of the plat, including the engineer, land surveyor, architect, planner, etc.; G. a block of zoning information including the following: 1. the current zoning of the land; 2. the total number of buildable lots; 3. the total number of outlots; 4. the total acreage included in the preliminary plat, in tenths of an acre; 5. the total acreage of street right-of-way, in tenths of an acre; 6. the total acreage of areas intended to be dedicated for public use, other than streets, alleys, pedestrian ways, and utility easements; 7. the total acreage of outlots; 8. the minimum lot depth in the subdivision; 9. the minimum lot depth under the zoning ordinance; and 10. the minimum lot width in the subdivision at the building setback; H. proposed lot and block numbers; I. the exterior dimensions of each lot; J. the area of each lot in square feet; K. the location and dimensions of any existing or proposed streets; L. the proposed street names; M. the location and dimensions of any existing or proposed easements, and the type of 26 easement; N. the location and dimensions of any existing or proposed sidewalks or trails; 0. the location of any existing structures which are intended to remain after final plat recording; and P. building setback lines. Subd. 5. Existing Conditions Man Drawing. In addition to the items listed in Subd. 3 above, an existing conditions map drawing shall contain the following items: A. the location and dimensions of any previously platted streets; B. the location and dimensions of driveways or other curb cuts; C. a location map of the subject property at a minimum scale of one-inch equals 2000 feet; D. the property lines and PID numbers of all parcels of land within 100 feet of the parcel proposed for subdivision; E. any existing infrastructure, such as sanitary sewer, storm sewer, watermains, culverts, or other underground facilities; F. the location and dimensions of any wetlands; G. the location and dimensions of any existing easements and right-of-way; H. contours of the land at two-foot intervals; I. the location and size of all trees which are over six inches in diameter, measured at six feet off the ground, with all such trees proposed for removal clearly identified. Trees in a delineated woodland area, which will not be disturbed, need not be individually identified; J. the location and perimeter of all floodplains; K. the location and perimeter of all shoreland areas; L. the location of any existing wells; M. the location and dimensions of any known contaminated soils areas; 27 N. the location of any existing septic systems; 0. the location and dimensions of any existing foundations or retaining walls; P. the location and dimensions of any known fill areas; Q. the location and ordinary high water mark of any lake, stream, or other watercourse; and IL the location of any power transmission poles and towers. Subd. 6. Grading and Erosion Control Plan. In addition to the items listed in Subd. 3 above, a grading and erosion control plan drawing shall contain the following items: A. existing contours at two-foot intervals up to 100 feet off-site, shown by light dashed lines; B. proposed contours at two-foot intervals up to 100 feet off-site, shown by solid lines; C. spot and finished elevations at all property corners; D. proposed floor elevations; E. existing floor elevations for all structures; . F. the lowest final grade elevation for all lots adjacent to stormwater facilities; G. street grade changes and percentage of grade; H. Ordinary high nermal water(OHW) level of all ponding facilities, wetlands, lakes, streams, and rivers, all of which also shall be identified and labeled; I. bench mark listing location and elevation; J. grading and erosion control information, including the following: 1. maximum driveway grade; 2. maximum ditch grade; 3. minimum ditch grade; 4. maximum slope grade; 28 S. maximum street grade. 6. , minimum street grade; and7. maximum street K Jelin grade within 5p L. erosion delineation of wetlands on the Sit . feet ofa streetse intersection; oS1on control featurese, M plan, and lot bencietcluding detail drawings awings as r an erosion control statement required in the erosion ___ N. as requiredname, , 6Y the design criteria; and signature of a, S �� storm sewer the professional ; schematic eng neer or uba' 7 Street.�n to 100 feet off-site, suNev`- street and utilities r Utilities Plan showing both plan drawing �`1n Dr.�K.;n shall . In addition to pr°Posed and existing A. in sanitary sewer schematic the following items: listed in S ub 3 above, a including the following:atic to 100 feet offsite d. 1. , showing both rim and inert elev propose 2 ations; and d and existing, pipe size rade and materi 3. al. manhole size and B. sanityrY t e. sewer information, I. including the folio maximum length betwee wing. 2. n manhole . minimumd s, and C s the sewer inert elevation;oole as measured toren sewer including schematic from the top of the rim elevation ding the following to 10p feet off-site, ion to I. showing both rim and invert elevations proposed and existing, pipe size and material; ch basins; and 29 D. storm sewer information, including the following: 1. maximum length between manholes; 2. minimum depth of manhole as measured from the top of the rim elevation to the sewer invert elevation; 3. normal and high water elevations for any pond, shown on the plan view; E. typical roadway sections; F. drainage and utility easements; G. name, registration number, and signature of the professional engineer; H. sanitary sewer profiles; I. storm sewer profiles; and J. street layout including curb lines. Subd. 8. Stormwater Management Plan Drawing. In addition to the items listed in Subd. 3 above, a stormwater management plan drawing shall contain the following items: A. drainage area map, showing the following: 1. a delineation of existing and proposed drainage sub-areas, including any larger tract or basin of which the subject is a part; 2. all proposed ponding areas,with the normal and high water elevations; and 3. off-site drainage volumes and rates for each subarea; B. drainage calculations, including the following: 1. total stormwater runoff from the site and entering the site; 2. gross area of the subdivision; 3. National Urban Runoff Program or Water Quality pond volume and sediment storage volume; and 4. pond sizing computations; 30 C. existing contours at two-foot intervals up to 100 feet off-site, shown by light dashed lines; D. proposed contours at two-foot intervals up to 100 feet off-site, shown by solid lines; E. normal and high water levels of all ponding facilities,wetlands, lakes, streams, and rivers, all of which also shall be identified and labeled; F. bench mark listing location and elevation; G. delineation of wetlands on the site; H. name, registration number, and signature of the professional engineer; L directional arrows showing lot and site drainage patterns; J. a narrative and summary of the stormwater calculations; K. emergency overflow routes and elevations from all ponding areas and wetlands for a 100-year storm; L. total pond volume required and available for each pond; M. National Urban Runoff Program or Water Quality pond volume required and available for each pond; N. storm sewer schematic to 100 feet off-site, showing both proposed and existing storm sewers; and 0. a delineation of the floodway, flood fringe, and floodplain. 31 SEC. 12.56. SUBMITTAL REQUIREMENTS FOR FINAL PLATS. Subd. 1. Documents Required. A developer shall submit the following documents to the Planner: A. a completed application form; B. a fee as specified in the fee schedule; and C. all required drawings and additional documentation specified below. Subd. 2. Drawings Required. In submitting a final plat for consideration, the developer shall submit the following drawings which are described in detail below: A. 20 copies of a drawing of the final plat; B. 20 copies of a drawing of the area plat; C. 20 paper copies and one autocad copy of construction plans for all public improvements; D. when applicable to the land being subdivided,the developer shall submit the following documentation: 1. construction plans for all public improvements, including but not limited to the following: a. streets, sewer mains, storm drainage facilities, sidewalks, trails, street lights, and other public improvements governed by City design criteria; and b. watermains and other public improvements governed by Shakopee Public Utilities design criteria; 2. any required permits or approvals, including but not limited to the following: a. Minnesota Department of Transportation permit to work in the right- of-way; b. Scott County permit to work in the right-of-way; c. Minnesota Pollution Control Agency national pollutant discharge elimination system permit; 32 d. Minnesota Pollution Control Agency sanitary sewer extension permit; and e. City street cut permit for utility installation; and 3. a petition for improvements intended to be constructed by the City and specially assessed under Minn. Stat. Chapter 429, if desired by the developer. E. Copies of other documentation as deemed appropriate or necessary by the Planner. Subd. 3. All Drawings. Each drawing submitted by the developer must be on paper which is 11- inches by 17-inches or 22-inches by 34-inches, unless otherwise approved in advance by the City Engineer. Each drawing shall contain the following items: A. a north arrow; B. a graphic scale with a minimum scale of one inch equals one hundred feet for parcels under 20 acres. For parcels larger than 20 acres, the Planner may authorize a smaller scale, provided that the plat must be easily interpreted at that scale. A scale of one inch equals 50 feet is preferred; C. proposed lot lines; and D. existing and proposed street rights-of-way. Subd. 4. Final Plat Drawing. In addition to the items listed in Subd. 3 above, a final plat drawing shall be submitted on autocad and shall contain the following items: A. a title block containing the name of the subdivision, "Shakopee, Minnesota", and "Final Plat"; B. the legal description of the entire parcel proposed for final platting; C. the boundary of the subdivision to scale, showing angles, bearings, distances, and either showing permanent monuments or a statement that all monuments will be set within one year after recording; D. a sworn certification by a registered land surveyor, that the plat is a correct representation of a survey made by that surveyor, that all distances are correctly 33 shown, that all monuments have been or will be correctly placed in the ground as shown or stated, and that the outside boundary lines are correctly designated on the plat; E. the name and adjacent boundary lines of any adjoining platted lands; F. lot and block numbers; G. the exterior dimensions of each lot; H. the location and dimensions of any existing or proposed streets, alleys, trails, and other public areas; I. the proposed street names; J. the location and dimensions of any existing or proposed permanent easements, and the type of easement; K. a notarized statement by the property owner and any mortgage holder dedicating all streets, alleys, trails, easements, and other public areas as follows: "Streets, alleys, trails, easements, and other public areas shown on this plat are hereby dedicated to the public."; L. space for certificates of approval to be filled in by the signatures of the Mayor, City Attorney, and City Clerk, in the following form: Approved by the City of Shakopee, Minnesota, this day of 19 Mayor ATTEST: City Clerk I certify that I have examined evidence of title for this plat and recommend this plat for approval. City Attorney Subd. 5. Area Plat Drawing. In addition to the items listed in Subd. 3 above, an area plat drawing shall contain the following items: A. the name and address of the developer; 34 B. the name and address of any design profession involved in the preparation of the plat, including the engineer, land surveyor, architect, planner, etc.; C. the date of the original drawing and all revisions; D. a block of zoning information including the following: 1. the current zoning of the land; 2. the total number of buildable lots; 3. the total number of outlots; 4. the total acreage included in the final plat, in tenths of an acre; 5. the total acreage of street right-of-way, in tenths of an acre; 6. the total acreage of areas intended to be dedicated for public use, other than streets, alleys, pedestrian ways, and utility easements; 7. the total acreage of outlots; 8. the minimum lot depth in the subdivision; 9. the minimum lot depth under the zoning ordinance; and 10. the minimum lot width in the subdivision at the front building setback; E. the area of each lot in square feet; F. the property lines and PID numbers of all parcels of land within 100 feet of the parcel proposed for subdivision; G. the location and dimensions of any existing or proposed temporary easements, and the type of easement; H. the location and dimensions of any existing or proposed sidewalks or trails not otherwise shown in an easement; I. the location of any existing structures which are intended to remain after final plat recording; and 35 J. building setback lines. Subd. 6. Common Interest Community Subdivisions. In addition to the items listed above, in Common Interest Community subdivisions the developer shall provide the following: 1. evidence that perpetual access is provided to each unit; 2. evidence that a perpetual easement or other access is provided for utilities to each unit; 3. evidence that a perpetual easement or other egress is provided for storm water drainage from each unit; and 4. evidence that perpetual maintenance of common areas is provided for. SEC. 12.57. SUBMITTAL REQUIREMENTS BEFORE FILING FINAL PLAT. Subd. 1. Evidence of Title. The developer shall submit to the City Attorney evidence of title to the property. This is required in order to allow the City Attorney to determine whether the Ctiy is acquiring clear title to any property being dedicated, such as streets, parks, and easements. Evidence of title can be either an Abstract of Title continued to date, or a Certificate of Title. In lieu of providing either of these, the developer may provide the City with an acceptable title opinion or title insurance addressed to the City which insures the title and the City's proposed interest in the property. Subd. 2. Reformation of Mortgages. If there is an existing mortgage on the property being subdivided, the developer must submit evidence that the legal description on any mortgages have been reformed to match lots and blocks of the plat. Subd. 3. Developer's Agreement. If security needs to be provided for any improvements under Sections 12.40 through 12.51, the developer shall enter into a developer's agreement with the City prior to filing the final plat. The developer's agreement shall identify who is constructing each improvement, and identify the security being provided for construction and maintenance. Conditions imposed by the City Council in their approval of the final plat may be included in the developer's agreement, along with any other appropriate provisions. 36 SEC. 12.60. DESIGN CRITERIA. Subd. 1. Purpose. Each subdivision of land needs to blend with and complement surrounding divisions of land. In order to accomplish this, the City has established certain design criteria to which all divisions of land must conform. Subd. 2. City Design criteria. The City Engineer has prepared and adopted design criteria and specifications for construction and installation of public improvements. All public improvements be designed, constructed, and installed according to and conform to the City design criteria. SEC. 12.61. GRADING. All grading for a subdivision shall be done in accordance with the City design criteria. SEC. 12.62. EROSION CONTROL. Subd. 1. Required. Erosion control shall be provided for all land in a subdivision during construction. Subd. 2. Design criteria. All erosion control measures shall be designed, constructed, installed, and removed in accordance with the City design criteria. SEC. 12.63. STORM SEWER. Subd. 1. Required. Storm sewer or surface water drainage facilities shall be provided for all land in a subdivision. Subd. 2. Design criteria. All storm sewers shall be designed, constructed, and installed in accordance with the City design criteria. Subd. 3. Trunk Fees. The developer shall pay to the City trunk storm sewer fees as established by the City Council. SEC. 12.64. SANITARY SEWER. Subd. 1. Required. Sanitary sewer facilities shall be provided for all developable lots in a subdivision. Private sewer systems or septic systems shall be allowed only outside the Metropolitan Urban Service Area. Subd. 2. Design criteria. All sanitary sewers shall be designed, constructed, and installed in accordance with the City design criteria. Subd. 3. Trunk Fees. The developer shall pay to the City trunk sanitary sewer fees as established by the City Council. 37 SEC. 12.65. UTILITIES. Subd. 1. Required. Public water, electric, and gas shall be provided for all developable lots in a subdivision. Provision for other utilities, such as telephone and cable television, shall be included in the design of the subdivision, but are not required to be installed. Subd. 2. Design criteria. All utilities shall be designed, constructed, and installed in accordance with any applicable City design criteria. SEC. 12.66. STREET LIGHTS. Subd. 1. Required. Street lights shall be provided in a subdivision as required in the City design criteria. Subd. 2. Design criteria. All street lights shall be designed, constructed, and installed in accordance with any applicable City design criteria. Installation of Street Lighting. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. SEC. 12.67. STREETS AND ALLEYS. Subd. 1. Required. All lots shall abut either a public street or common property specified for street or driveway use in a common interest community subdivision. Subd. 2. Design criteria. All streets and alleys shall be designed, constructed, and installed in accordance with the City design criteria. Right-of-way shall be dedicated to the City at no cost to the City at the width specified in the design criteria. SEC. 12.68. SIDEWALKS AND TRAILS. Subd. 1. Required. Sidewalks and trails shall be provided where specified in the City's sidewalk and trail plans. Subd. 2. Design criteria. All sidewalks shall be designed, constructed, and installed in accordance with the City design criteria. SEC. 12.69. LOTS AND BLOCKS. Subd. 1. Lots. All lots shall be of at least the minimum size specified in the City's zoning ordinance. Subd. 2. Monuments. Permanent monuments shall be placed at the corner of each lot as required by Minnesota Statutes Chapter 505. 38 Subd.3. Blocks.Blocks shall be of a size to facilitate neighborhood development and to provide smooth traffic circulation. Block shapes and dimensions shall be set in accordance with the City design criteria. SEC. 12.70. PARKS AND DEDICATIONS. Subd. 3. Purpose. The City Council recognizes it is essential to the health, safety and welfare of the residents of the City of Shakopee that the character and quality of the environment be considered to be of major importance in the planning and development of the City. In this regard, the manner in which land is developed and used is of high priority. The presentation of land for park, playground, public open space purposes and trails as it relates to the use and development of land for residential, commercial and industrial purposes is essential to the maintaining of a healthful and desirable environment for all residents of the City. We must not only provide these amenities for our citizens today, we must be mindful of our future citizens. The City Council should recognize that demand for park, playground, public open space and trails within a municipality is directly related to density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground, public open space and trails. To disregard this principle is to inevitably over-tax existing facilities and thus diminish the quality of the environment for all residents. Subd. 2. Standards for Accepting Dedication of Land for Public Purposes: It should be the policy of the City of Shakopee that the following standards and guidelines for the dedication of land for park, playground, and open space purposes (or cash contribution in lieu of such dedications) in he subdividing and developing of land within the City shall be directly related to density and intensity of each subdivision and development. 1. As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the City's park fund and trail fund as provided by this section. 2. Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of the proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. 3. The Parks and Recreation Advisory Board shall recommend to the Planning 39 Commission and City Council the land dedication and cash contribution requirements for proposed subdivisions. 4. Changes to the density of plats shall be reviewed by the Parks and Recreation Advisory Board for reconsideration of park dedication and cash contribution requirements. 5. When a proposed park, playground, recreational area, school site or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed site, the City may consider acquiring the site through purchase or condemnation. 6. Land are conveyed or dedicated to the City shall not be used in calculating density requirements of the City zoning ordinance, and shall be in addition to and not in lieu of open space requirements for planned unit developments. 7. When private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, atpthepdiscretion oof the the Ciy Council, ty Council against the requirements of dedication for park purposes, provided finds it is in the public interest to do so. 8. The City, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. 9. In residential plats, the City of Shakopee shall have a standard of one (1) acre of park land for every seventy-five (75) people. Thus, one acre of land shall be conveyed to the City as an outlot warranty for every seventy-five (75) people the platted land could house based on the following population calculations: Single-family detached dwelling lots...3.0 persons per lot Duplex/Twin homes 3.0 persons per dwelling unit Apartments, Townhouses, condominiums, other multiple family dwelling units....I person per bedroom 10. In plats other than residential, the City hereby finds that, as a general rule, it requires that an amount of land equal to 10% of the undeveloped land proposed to be subdivided be dedicated or reserved to the public for public use for parks, playgrounds, trails, wetlands or open space. Should the land to be dedicated have greater fair market value than the average fair market value in the plat, the City shall only be authorized to require dedication of an amount of land equal to 10% of the fair market value of all the property being platted. 11. In lieu of park land donation, the City may require an equivalent cash donation based upon average undeveloped land value in the City. The cash dedication requirement shall be established annually by the City Council. 12. In lieu of trail donation, trail construction, or trail easement dedication, the city may 40 require a cash donation for the trail system. The cash dedication requirement shall be established annually by the City Council. Dedication for trails in the form of cash shall apply only to residential plats. 13. The City may elect to receive a combination of cash, land and development land for park use. The fair market value of land the City wants and the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection (k) above. The remainder shall be the cash contribution requirement. 14. Fair market value shall be determined as of the time of filing the final plat in accordance with the following order of preference: (1) the price the subject land sold for within the past year, (2) based on the average fair market value of undeveloped city residential property by zoning classification, served by major City utilities. (3) an appraisal performed for or on behalf of the City within the past year, (4) an appraisal performed for or on behalf of the subdivider within the past year. The fair market value determination shall exclude any value added to such land within the past year for improvements serving such land. 15. Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses. 16. Park and trail cash contributions are to be calculated at the time of the final plat approval. 17. The cash contributions for parks and trails shall be deposited in either the City's park development fund or multi-purpose pedestrian fund and shall be used only for park acquisition or development and trial acquisition and development. 18. If a subdivider is unwilling or unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, the land and cash contribution will be a reasonable amount determined by the City Council. 19. Wetland, ponding areas , drainageways accepted by the City shall not be considered in the park land and/or cash contribution to the City. 20. When a proposed trail has been indicated in the City's official Comprehensive Plan Map, and it is located in whole or in part within the proposed plat, it should be designated on the plat and should be dedicated to the City. If the subdivider elects not to dedicate and area in excess of the land required for a trail, the City may consider acquiring it through condemnation. 21. Required land dedication and/or payment of fees in lieu of land dedication shall be required at the time of final subdivision approval. However, at the request of any party submitting a plat, the Council may, at it's exclusive discretion, determinc the final plat approval, and may enter into a contractual agreement with said developer to 41 N allow said lots inpayment said plat. to be deferred fallow effect y such deferment a buildin • • - .- at the me of ment shall be g permit or ..,tin accordance permits are • �,� . . . of issuance ce with the parks _ - - •_ - .� - of the buildin e„�= SEC. 12.7 - • , ' ' •• .;II 1• LANDSCAPING. - .• S G. ubd. 1. Re aired, Landscaping shall be provided for Subd' 2• Desi zoning ordinance criteria. Landscaping andsc all land in a subdivision e and Cit sign crp r a SECTIONS 12.72- shall be designed and ins in Y desi installed 12.74, accordance with the Reserved. SEC 12.75. consistent FEES• The with the fee established developer shall the improvements.rhas All engineers annually pay the City an administrative and inspection are fees are due --p% of the fee and must due prior to recording final prior to i estimated cos e Paid prior to the g the final plat �he is t� inspection, if the t ofthe upon the most recent , and other—one-half ther ween recorded e final nt fees as established ofacceptance one-half , then plat for of final improvements. be included°ne-halfofthe Yearly by Council forProvements. ded'n the security the CityFees shall be of Shakopee based 42 SEC. 12.80. ADMINISTRATION. Subd. 1. Enforcing Officer. This Chapter shall be administered and enforced by the Planner or his/her designee in accordance with its terms. Subd. 2. Duties of the Planner.The Planner's duties shall include the following: A. administer all applications under this Chapter; B. serve as staff advisor to the Planning Commission and the City Council; C. prepare reports and information for the Planning Commission and the City Council, and attend their meetings and participate in their hearings and discussions; D. maintain records of all preliminary plats, final plats, minor subdivisions, variances, appeals, and other matters regulated by this Chapter; E. determine that all building permits comply with the terms of this Chapter; F. institute appropriate enforcement proceedings and actions against violators; and G. perform such other functions as may be necessary to enforce and administer this Chapter. Subd. 3. Notice. Failure to give notice or to give adequate notice of proceedings under this Chapter, when such is required by this Chapter shall not invalidate any proceeding, provided that a good faith attempt has been made to comply with the notice requirement. Subd. 4. Fees. The fees required by this Chapter shall be those specified in the most recent Fee Schedule adopted by the City Council. Fees are payable at the time a drawing and documents are submitted to initiate a preliminary or final plat, or upon submission of an application for any other procedure governed by this Chapter. No application shall be deemed to be complete until the fee has been paid. The fee may be waived by the City Council in the case of applications filed in the public interest by the Planning Commission or City Council. 43 SEC. 12.83. SUBDIVISION REGULATIONS AMENDMENTS. Subd. 1. Initiation. An amendment to the subdivision regulations may be initiated only by the City Council or by the Planning Commission. All amendments shall be consistent with the purposes of this Chapter. Subd. 2. Criteria for Granting a Subdivision Regulations Amendment. The City Council may approve an amendment to the subdivision regulations amendment when it finds that one or more of the follow criteria have been met: A. that the original subdivision regulations ordinance is in error; B. that significant changes in community goals and policies have taken place; C. that significant changes in City-wide or neighborhood development patterns have occurred; or D. that the comprehensive plan requires a different provision. Subd. 4. Planning Commission Recommendation. The Planning Commission shall review each proposed amendment to the subdivision regulations, and submit its recommendation to the City Council. Subd. 5. City Council Action. After receipt of the recommendation of the Planning Commission, the City Council shall consider and act on the amendment. Subd. 6. Reapplication.No amendment which is denied wholly or in part by the City Council shall be resubmitted for a period of six (6) months from the date of denial, except on grounds of new evidence or change of conditions. Each reapplication shall be considered a new application. 44 SEC. 12.89. VARIANCES. Subd. 1.Unusual Hardship. The City Council may vary the subdivision regulations as they apply to specific properties where an unusual hardship exists on the land or where the City Council has previously granted variations from this Chapter as a part of a separate Planned Unit Development (PUD) application and review. Prior to Council action,the Planning Commission shall have reviewed the application and approved, approved with conditions, or denied the application. Failure of the Planning Commission to make a decision, after a written request to do so at a specifically designated meeting, shall constitute a denial. Subd. 2. Specific Grounds for Granting Variances. Variances may be granted only when the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with the subdivision regulations, or that the purposes of the subdivision regulations may be served to a greater extent by an alternative proposal. The City Council must find that the variances meets all of the specific grounds set forth below. A. the variance will not have the effect of nullifying the intent and purpose of the subdivision regulations; B. the purposes and intent of this Chapter may be equally served by the alternative proposal; C. the granting of the variance will not be detrimental to the public safety, health, or welfare, or injurious to other property or improvements in the neighborhood in which the property is located; D. the conditions upon which the request for a variance are based are unique to the property for which the variance is sought, and are not generally applicable to other property in the City; E. the conditions upon which the request for a variance are based do not result from the actions of the developer; F. due to the particular physical surroundings, shape, or topographical conditions of the specific property involved, such as inadequate access to direct sunlight for solar energy systems, an unusual hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of the provisions of this Chapter is carried out; and G. the variance will not in any manner vary the provisions of the zoning ordinance, comprehensive plan, or any official map. Subd. 4. Application. An application for a variance shall be filed with the Planner or his/her 45 designee on the appropriate forms stating the unusual hardship claimed and the specific relief requested. Subd. 5. Submission with Preliminary Plat. Request(s)for a variance under this Chapter shall be submitted with the application for Preliminary Plat approval. A. An application submitted independent of a preliminary plat must meet all submittal requirements for a preliminary plat, except those waived by the Planner as unnecessary due to the specific nature of the variance requested. Subd. 7. Decision.Upon recommendation by the Planning Commission, the City Council may grant or deny a variance. Variances may be approved by the affirmative vote of a simple majority of those present. If the City Council denies a variance, it shall make a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six(6) months from the date of denial, except on grounds of new evidence or proof of change of conditions. Subd. 8. Additional Conditions. In granting a variance, the City Council may impose conditions in order to preserve the health, safety or welfare of the community or in order to meet the purposes of this Chapter or the comprehensive plan. Subd. 9. Recording. Each variance shall be enumerated in, and thereby recorded with the final plat resolution in the Scott County Recorder's office. Subd. 10. Term of Variance. A variance granted by the City Council shall expire if the preliminary or final plat to which it relates expires. Subd. 11. Violations. No developer shall violate, fail to comply with, or assist, direct, or permit the violation of the terms or conditions of a variance. Such violation shall be a violation of the variance and shall render the variance null and void. 46 SEC. 12.90. APPEALS. Subd. 1. Appeals from City Staff Decisions. Any person aggrieved by a decision of the Planner, the Planner's designee, or other City staff person regarding the enforcement of this Chapter, may appeal to the Board of Adjustment and Appeals. The appeal shall specify what error allegedly was made in an order, requirement, decision, or determination made by the Planner or other person. The appeal shall be filed in writing with the Planner within seven days of the date of decision. Upon receipt of an appeal, the Planner shall schedule the matter for consideration by the Board. The Board shall have authority to affirm, modify, or reverse the decision of the Planner or other person. This provision shall not apply in the case of a criminal prosecution for violation of this Chapter. Subd.2. Construction During Appeal Period. Any developer who obtains a building permit and starts construction during an appeal period assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the City,the developer will be notified of the appeal, unless the developer filed the appeal. 47 SEC. 12.91. NONCONFORMITIES. Subd. 1. Purpose. When a lot or final plat existed on the effective date of this ordinance and no longer fully meets the regulations of this Chapter, such lot or plat will be allowed to develop under carefully regulated conditions. Subd. 2. Development of Nonconforming Lot or Plat. Development of a nonconforming lot or plat may be permitted upon a finding by the Board of Adjustment and Appeals of the following: A. the number and extent of nonconformities will not be affected or will be reduced in conjunction with the proposed development; B. the impact of nonconformities upon adjacent property will not be affected or will be reduced in conjunction with the proposed development; and C. the conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section. Subd. 3. Nonconformity; Eminent Domain. When the taking under eminent domain of a portion of the land upon which there existed a lawful lot or division of land prior to such taking results in such lot or division of land becoming unlawful under this Chapter, such use is a nonconformity and may be continued only under the provisions of this Chapter. 48 SEC. 12.96. REGISTERED LAND SURVEYS. No parcel of land may be divided through a registered land survey. If a registered land survey is designed to create more than one parcel of land, modify property lines, or combine parcels of land,the property must be platted under this Chapter. If a registered land survey only clarifies a metes and bounds description on a single parcel of land, platting is not required. SEC. 12.97. RECORDING WITHOUT COMPLIANCE WITH THIS CHAPTER. Subd. 1. Filing of Conveyance of Land. No conveyance of land to which these regulations apply shall be filed or recorded with the office of the Scott County Recorder/Registrar of Title, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after these regulations become effective, except if the land described: A. was a separate parcel of record as of July 25, 1972, when the City first adopted subdivision regulations; B. was the subject of a written agreement to convey entered into prior to July 25, 1972; C. was a separate parcel of not less than two and one-half acres in area and one hundred fifty feet in width on January 1, 1966; D. was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980; E. is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or F. is a single parcel of residential or agricultural land not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. Subd. 2. Exception. In any case in which compliance with Subd. 1 of this Section will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations,the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Subd.3. Sales of Lots From Unrecorded Plats.It is unlawful to sell, trade, or otherwise convey any lot as a part of, or in conformity with, any plat of any subdivision unless the plat has been recorded with the Scott County Recorder/Registrar of Title. 49 SEC. 12.99. VIOLATION A MISDEMEANOR A violation of this Chapter occurs when 1) a person performs an act prohibited by or declared unlawful by this Chapter, 2)a person fails to act in accordance with this Chapter when such action is required, and 3) a person knowingly makes or submits any false statement or document in connection with any application or procedure required by this Chapter. Upon conviction of a violation, such person shall be punished as for a misdemeanor. 50 Section 2—That the City Council hereby adopts the following summary for purposes of publication: ORDINANCE XXX SUMMARY Sec. 12.01. TITLE, PURPOSE, AND INTERPRETATION This section sets forth the purpose, scope, and rules for application of the Subdivision Regulations. Sec. 12.02. DEFINITIONS This section defines significant terms used in the Subdivision Regulations, and addresses how inconsistencies with other portions of the City Code are to be dealt with. Sec. 12.21. MINOR SUBDIVISIONS. This section establishes a class of subdivisions consisting of five (5) or fewer lots that may be approved administratively, and establishes a procedure for minor subdivisions. Sec. 12.28. PRELIMINARY PLAT APPROVAL PROCESS. This section establishes the process for determining applications to be complete, for Planning Commission and City Council review of preliminary plats. Sec. 12.32. FINAL PLAT APPROVAL PROCESS. This section establishes the process for determining applications to be complete, for Planning Commission and City Council review of final plats. Sec. 12.34. EFFECT OF APPROVAL. This section establishes that the effective period for preliminary plat approval is one (1) year, and for final plat approval is two (2) years. It further provides a process for approval of extensions, and sets forth rights during the approval period. Sec. 12.40. DEVELOPER SHALL CONSTRUCT IMPROVEMENTS. This section requires developers to construct improvements required in a plat. Sec. 12.41. CITY MAY CONSTRUCT IMPROVEMENTS. This section sets forth a process by which developers may request that the City construct certain public improvements. It further establishes the method by which developers are to pay for 51 improvements installed by the City. Sec. 12.47 and 12.48.SECURITY OPTIONS and DETAILS REGARDING SECURITY OPTIONS. Section 12.47 sets for the options for providing security for improvements in connection with a plat, as well as the required amounts and timing. Section 12.48 addresses related issues. Sec. 12.54. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLATS. This section spells out the following: • The documents that are required for a complete preliminary plat application, • The drawings that are required for a complete preliminary plat application, including grading and erosion control, and street and utilities plans • Information that is required on drawings, Sec. 12.56. SUBMITTAL REQUIREMENTS FOR FINAL PLATS. This section spells out the following: • The documents that are required for a complete final plat application, • The drawings that are required for a complete final plat application, including grading and erosion control, and street and utilities plans • Information that is required on drawings, Sec. 12.60— 12.69.DESIGN CRITERIA—LOTS AND BLOCKS These sections address criteria to be applied to the configuration of plats as well as the design of certain improvements in plats. Sec. 12.70. PARKS AND DEDICATIONS. This section establishes the standards for accepting park dedication in land, cash or some combination of land and cash. Sec. 12.80. ADMINISTRATION. This section establishes the responsibilities of the Planner in administering the subdivision regulations. Sec. 12.99 VIOLATION A MISDEMEANOR. 52 This section makes violation of the subdivision regulations a misdemeanor. Sec. 12.83. SUBDIVISION REGULATIONS AMENDMENTS. This section sets forth the process of initiating Planning Commission and City Council review of amendments to the subdivision regulation. Sec. 12.89. VARIANCES. This section establishes the process for seeking variances from the subdivision regulations, as well as the grounds for granting variances. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication of the summary above. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Ordinance No. 531 Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 [subdregn\all] 53 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Chapter 12 of the City Code, Subdivision Regulations, and Design Criteria MEETING DATE: November 5, 1998 INTRODUCTION: On April 9, 1998 the Planning Commission first received this item. It was subsequently tabled to allow revisions to be made, and for work to be completed on the related design criteria. Accompanying this memorandum for the Commission's use is the comparative table previously provided. Also attached is a copy of the proposed design criteria. ALTERNATIVES: 1. Recommend approval of the proposed subdivision ordinance as presented. 2. Recommend approval of the proposed subdivision ordinance with revisions. 3. Recommend denial of the proposed subdivision ordinance. 4. Continue the public hearing for additional input or information. 5. Close the public hearing, but table the matter for additional information ACTION REQUESTED: A motion either recommending approval as presented or with revisions. R. Michael Leek Community Development Director R.Michael Leek Page 1 10/29/98SUBORD.DOC Comparison of Current Subdivision Ordinance and Proposed Ordinance Format: The basic ordinance format remains the same for consistency with the City Code. Substance: Section No. Current Ordinance Proposed Ordinance 12.01,TITLE,PURPOSE • Provides simplified,clearer AND INTERPRETATION statements of the purposes of the ordinance. • Provides simplified,clearer statements of applicability of the ordinance. • Consistent with state statute, specifies subdivisions that are not required to follow municipal process(Subd. 3.B.) 12.02,DEFINITIONS Adds definitions of the following; • Nonconformity, • Oversizing, • Street classifications 12.08/12.21,MINOR Follows normal subdivision • Relocated to the front of the SUBDIVISIONS process ordinance for ease of reference. • Further clarifies when prohibited,and process requirements 12.03/12.28, 12.32, • Clarifies requirements for compliance with submittal Procedures/preliminary/Fi requirements,design criteria nal Plat Approval Process • Spells out basis for Planning Commission Recommendation(Subd.3.B.) • Final Plat process relocated to separate section(i.e. 12.32) • Sec. 12.32 spells out recording requirements,effect of approval and process for receiving extensions 12.40,DEVELOPER Clarifies developers obligations, SHALL CONSTRUCT standards to be met in constructing improvements and cost sharing. IMPROVEMENTS 12.41 - 12.51, CITY MAY Process spelled out in detail for CONSTRUCT constructing improvements, security,release of security, R.Michael Leek Page 2 10/29/98SUBORD.DOC IMPROVEMENTS... timing,et.Al. 12.0412.05/12.5412.57, • Relocated,spelled out in Submittal Requirements greater detail 12.07,DESIGN Contains specific detail Specific detail to be contained in STANDARDS/12.60, design criteria document not a part of the ordinance;facilitates DESIGN CRITERIA modification of the criteria R.Michael Leek Page 3 10/29/98SUBORD.DOC CityShakopeeof Design Criteria Approved , 1998 City of Shakopee Design Criteria Page 1 Table of Contents Design Criteria - Grading, Street and Utility Improvements Sect. 1 Grading Sect. 2 Soil Erosion and Sedimentation Control Sect. 3 Storm Sewer Sect.4 Sanitary Sewer Sect. 5 Utilities Sect. 6 Street Lights Sect. 7 Streets and Alleys Sect. 8 Sidewalks and Trails Sect. 9 Lots and Blocks Sect. 1 - Grading 1. Slopes/Grades. A. No final graded slopes shall be steeper than 3 feet horizontal to 1 foot vertical(3:1). B. Driveway grades shall be less than 10%, and greater than 1.0%. Driveway grades shall not be greater than 6% within 10' of the street edge. Commercial and Industrial Driveways shall not be greater than 6% for any part of the driveway. C. Lots shall be graded so as to provide drainage away from building locations. 2. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed in turf establishment areas with a minimum of 4 inches of topsoil. Disturbed boulevard areas shall be seeded or sodded as required by the City Engineer. 3.Drainage. During the grading of the site, the natural drainage system shall be utilized as far as feasible for the storage and flow of runoff. 4. As-built Grading Plan. Upon completion of the grading of subdivisions, an as-built survey of the grading shall be submitted to the City. This plan shall show the existing grades of all lot corners,pads, and ponding areas. The plan shall certify that all ponding areas are within drainage and utility easements. Two benchmarks shall be shown on the as-built grading plan. No building permits shall be issued until this plan has been submitted and approved by the City Engineer. 5. Grading Permit. Grading Permits will be required, as described in Section 11.60, Subd. 6, of the City Code. 6. Tree Preservation Fence. Existing trees which are to be saved, shall be protected with a tree preservation fence. This fence shall be installed at the drip line to protect the trees which are to be saved. No grading, construction materials, or equipment will be allowed beyond this fence. City of Shakopee Design Criteria Page 2 Sect. 2 - Soil Erosion and Sedimentation Control 1. Purpose. The purpose of this Section is to promote the public health, safety, property and general welfare of the citizens of the City and to conserve the soil, water and related resources and to control erosion and sedimentation caused by land disturbing activities. 2. Administration. The Building Official or the City Engineer(depending on the land disturbing activity) as the Administrator of this Section. Erosion control plans shall be covered under the existing building permit process. A separate fee is not required for erosion control plans. 3. Activities Subject to Erosion Control Measures. A. Any land disturbing activity in residential, multi-family, commercial or industrial zones shall be subject to erosion control measures provided that: 1. An area of 10,000 square feet or greater will be disturbed by excavation, grading, filling or other earth moving activities resulting in the loss of protective vegetation; or, 2. Excavation or fill exceeding 500 cubic yards; or, 3. The installation of underground utilities, either public or private, resulting in more than 300 linear feet of trenching or earth disturbance; or, B. Any subdivisions which require plat approval or a certified survey map. C. Agricultural lands used mainly for the production of food, general farming, livestock and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this Section. D. Any other land disturbing activity for which the City Engineer determines to have the potential for substantial erosion. 4. Erosion Control Plans. A. All land disturbing activities covered by this Section shall be required to have an approved erosion control plan on file with the City prior to any construction starting. B. The erosion control plan shall contain any such information necessary for the Building Official and the City Engineer to determine that adequate erosion control and sedimentation measures are proposed. As a minimum, a topographic map showing existing and proposed contours, location of any natural water courses and drainageways, the extent of the land disturbing activity and any erosion control measures shall be shown on the plans submitted and approved. C. In addition to the plans, a narrative report summarizing the proposed erosion control measures shall be submitted. This report shall include language discussing the timing of the installation, phasing, stabilization of all structures, maintenance and eventual removal of all structures. City of Shakopee Design Criteria Page 3 5. Performance Standards. A. General Standards. In general, this Section does not require the use of any particular type of structure to control erosion and sedimentation. The City Engineer or Building Official shall evaluate the proposed measures to determine if they follow current accepted design criteria and engineering standards. 1. The smallest practical area of land shall be exposed at any given time during development. 2. When soil is exposed,the exposure shall be for the shortest period of time. Within 30 days of the rough grading,the site shall be seeded and mulched. • 3. All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion. 4. Erosion control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development to control erosion. 5. The natural vegetation and plant covering shall be retained whenever possible. Temporary vegetation, mulching or other cover shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. B. Standards-Stormwater Runoff Erosion. 1. The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marsh lands, swamps, retention basins or other treatment facilities. Temporary storage area or retention ponds shall be considered to reduce peak flows, erosion damage and construction costs. If the drainage area is over five acres, a sediment basin shall be utilized. 2. Silt fence or hay bales shall be utilized to control erosion and prevent sedimentation from leaving the construction site. These structures shall be properly installed according to current standards. 3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and at right angles to the direction of drainage. 4. At existing storm sewer inlets, temporary sedimentation traps may be necessary to prevent erosion from entering the storm sewer system, and downstream waterbodies. 5. Adequate provision shall be made to prevent the tracking or dropping of dirt or other materials from the site onto any public or private street by the use of, gravel pads at all entrances. City of Shakopee Design Criteria Page 4 C. Exposed Slopes. The following control measures shall be taken to control erosion during construction: 1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one(1) foot vertical. 2. Exposed slopes steeper in grade than ten(10)feet horizontal to one(1)foot vertical shall be contour plowed to minimize direct runoff of water. 3. At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap)before being allowed to enter the natural drainage system. 4. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flood apron, a gravel energy dissipater shall be installed to prevent erosion at the discharge end. 5. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic,burlap or jut netting,sod blankets,fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes, and netting or shall be worked into the soil to provide additional slope stability. 6. Control measures, other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes. D. Dust Control Measures. 1. Temporary mulching or seeding shall be applied to open soil to minimize dust. 2. Barriers such as snow fences, commercial wind fences and similar materials shall be used to control air currents and blowing soil if the City Engineer determines it is necessary. 3. The exposed soil shall be watered to control dust, with frequency of watering repeated as necessary. 4. Permanent vegetation shall be established as quickly as possible. Within 30 days after the rough grading has been completed the entire area shall be seeded and mulched. City of Shakopee Design Criteria Page 5 6. Maintenance of Erosion Control Measures. A. The owner or developer shall be responsible for maintaining all erosion control structures in a condition that will ensure continuous functioning of those devices. If, after the installation of the erosion control structure, the City Engineer determines that additional measures are needed, they shall be installed at the expense of the owner. B. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewers, etc., shall be the responsibility of the owner or developer for clean up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. 7. Technical Reference. The City officially designates the "Minnesota Construction Site Erosion and Sedimentation Control Planning Handbook" prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This reference will be used to ensure the proper placement and installation of any proposed erosion control structures. 8. Performance Bond. The owner or developer shall submit to the City either a cash bond, an irrevocable letter of credit or other financial security to guarantee the faithful execution of the erosion control plan. This security shall be in the amount of 125% of the costs for construction of all erosion control devices,including the costs of City inspection and administration(as approved by the City Engineer). The City is authorized to draw against this security in the event the erosion control plan is not followed. 9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises,to violate,neglect or refuse to comply with the requirements of this Section. In addition, if the Building Official or the City Engineer determines that adequate erosion control measures are not being followed and there is little cooperation on the part of the owner to do so, a"stop work" order may be issued to the land disturbing activity until such times as adequate measures are implemented. In all cases,the owner may appeal the "stop work" decision to the Council for review. Sect. 3 - Storm Sewer 1. Design Criteria. The design criteria, policies, and objectives shall be those described in the City's "Comprehensive Stormwater Management Plan". No existing ditch, stream, wetland, pond,drain or drainage canal shall be deepened,widened, filled,re-routed or filled without approval from the City Council. 2. Pond Slopes. Pond slopes shall not exceed 4 feet horizontal to 1 foot vertical. City of Shakopee Design Criteria Page 6 Sect. 4 - Sanitary Sewer 1. General. The minimum diameter for public sanitary sewer mains shall be 8" diameter. sanitary sewer design must account for the study area and all areas outside the study area which would naturally drain through the study area. Natural drainage areas will be established by using the Comprehensive Sewer Plan and Comprehensive Stormwater Management Plan adopted by the City. In no case shall the design velocity be less than 2.2 feet per second nor more than 10.0 feet per second as computed by Mannings formula for flow in open channels (Mannings shall be 0.013 for purposes of design). 2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the most current edition of Recommended Standards for Sewage Works; a report of Committee of the Great Lakes -Upper Mississippi River Board of State Sanitary Engineers. Sect. 5 - Utilities 1. Public Water. Where a connection to the City water system is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission.Public Water systems shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission. 2. Other Utilities. Electric service, phone service, and cable television installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services, and in locations as approved by the City Engineer. All drainage and other underground utility installations which traverse privately-owned property shall be protected by easements. Sect. 6 - Street Lights Design Criteria. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission and the City of Shakopee. City of Shakopee Design Criteria Page 7 Sect. 7 - Streets and Alleys 1.General. A. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. C. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged so as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 2. Public Street Width and RiEht-of-Way Width. A. Two-way right-of-way widths and pavement widths(face to face of curb)shall conform to the City's adopted Transportation Plan B. All one-way right-of-way widths and pavement widths(face to face of curb)shall conform to the following minimum dimensions: Classification Right-of-Way Roadway Local 45 Feet 24 Feet Collector Streets 60 Feet 28 Feet Arterial Streets 60 Feet 28 Feet Alleys Industrial or Commercial 20 feet 16 feet(Pavement width) Residential(where permitted) 16 feet 12 feet(Pavement width) 3.Public Streets and Alleys. A. Public Streets and alleys shall be designed and constructed in accordance with the Construction Standard Specifications for Public Works. All public street and alley construction shall be inspected by the City Engineering Department. City of Shakopee Design Criteria Page 8 B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and Class V MN/DOT aggregate or other suitable base shall be required as prescribed by the Engineering Department. C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys must provide adequate turnaround facilities at the closed end. E. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in • accordance with the standards of the City. The City shall inspect all construction. F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of roadside ditches and 5 foot gravel shoulders. 4. Private Streets. Common interest community(CIC) lots that do not abut a public street must abut a private street. All other lots must abut a public street. Private Streets shall be designed and constructed in accordance with the City construction specifications. A. Two-way pavement widths (face to face of curb) for private streets shall conform to the following minimum dimensions: Classification Roadway Local Streets 28 Feet(parking on one side of street) Local Streets 32 Feet(parking on both sides of street) 5. Grades. All center line gradients shall be at least 0.5 percent and shall not exceed the following: Classifications Gradient Percent Arterial Streets 5 Collector Streets 5 Local Streets 7 Private Streets 7 Marginal Access Streets 7 Alleys 8 The grades at intersecting state-aid streets shall not be greater than 0.5% for 50' on either side of the state-aid street, and not greater than 2.0% for an additional 50'. The grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either side of the intersection. On local streets, the grade shall not be greater than 3.0% for 100' on either side of the intersection. The more important street at an intersection, as determined by the City Engineer,shall govern the through grade. City of Shakopee Design Criteria Page 9 6. Street Jogs. Street jogs shall not be permitted. 7. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited,but cul-de-sacs will be permitted where topography or other conditions justify their use. 8. Cul-de-sacs. A. Public Streets Maximum length of cul-de-sac streets shall be 1,000 feet for rural service areas and 750 feet for urban service areas measured along the center line from the intersection of origin to end of right-of-way. Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. B. Private Streets and Driveways For private streets that serve more than 2 units that are 150' in length or greater, a cul-de-sac may be required, as determined by the Fire Chief for the City of Shakopee, to provide a turnaround for emergency vehicles. The maximum length of private cul-de-sac streets shall be 400 feet. In lieu of a cul-de-sac, other features may be incorporated into the design of the street layout, if they provide an adequate method for emergency vehicles to turn around. Other options available are those shown on the City's detail plate for private street turnarounds. 9. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-de-sac streets shall be 750 feet for both rural service and urban service areas, measured along the center line from the intersection of origin to end of pavement. The minimum paved surface diameter shall be 60 feet, without curb and gutter. A temporary cul-de-sac will not be required for street stubs that serve less than 3 lots. 10. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 11. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided,the other half of the street shall be platted within such tract. 12. Surface. All street surfaces shall be designed and constructed in accordance with the standard specifications and shall have a one-year warranty period after being completed and accepted by the City Engineer,before being accepted by the City for maintenance. Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. 13. Reserve Strips. Reserve strips controlling access to streets shall be prohibited. City of Shakopee Design Criteria Page 10 14. Hardship to Owners of Adioining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. 15. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual lots to such roadways. The subdivider will be required to provide access to all lots via public and/or private streets. Spacing of these public/private streets shall meet the requirements of the City's adopted Transportation Plan. 16. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where there is no convenient access to existing entrances and where access from such plat would be closer than 1/4 mile from an existing access point, a service road 40 feet wide shall be dedicated across the tract. As the neighboring land is platted and developed, and access becomes possible to • the service road,direct access to the thoroughfares shall be prohibited. 17. Deflections/Horizontal Curves . When connecting street lines deflect from each other at any one point by more than 10 degrees, they shall be connected by a curve with a radius of not less than 200 feet. This minimum curve radius does not apply to intersecting street lines (full street intersections)or to street lines connected at "T" intersections. Collector street horizontal centerline curves shall not have a radius of less than 455 feet. 18. Street Vertical Curves The following desired design speeds and minimum vertical curve lengths shall be used for street profiles: Design Minimum Speeds Vertical Curve Length Arterial Street 50 mph 150 feet Collector Street 45 mph 130 feet Local Street 35 mph 100 feet If the algebraic difference between grades within a vertical curve is less than 1.2 percent, the allowable minimum vertical curve length is 50 feet. 19. Angle of Intersections. The angle formed by the intersection of streets shall be 90 degrees. Any variance will require approval by the City Engineer. 20. Size of Intersection. Intersections of more than four corners shall be prohibited. 21. Curb Return Radius. Curb return radius at intersections shall conform to the following table: Curb Return Radius at Intersections Local Collector Arterial Local 15 20 25 Collector 20 20 25 Arterial 25 25 25 Industrial 25 25 25 City of Shakopee Design Criteria Page 11 22. Crosspans. Double crosspans may be used at the intersection of residential streets only when necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets designated by the City Engineer. 23. Street Section Design The street section shall be designed as set forth in the "Road Design Manual" 5-291.523 and 5.291.524, as prepared by the Minnesota Department of Transportation. It shall be accompanied by a complete soils report certified by a Registered Professional Engineer. The following minimum pavement thickness and aggregate thickness shall apply to all streets: Minimum Minimum Bituminous Pavement Aggregate Base Arterial Street 4" 6" Collector Street (Residential) 4" 6" Collector Street (Commercial) 4" 6" Collector Street (Industrial) 4" 6" Local Street(Public or Private) 3 1/2" 6" Sect. 8 - Sidewalks and Trails 1. Sidewalks. A. The sidewalks shall not be located less than one foot from the property line,nor be adjacent to the curb except as determined in commercial areas. Sidewalks in industrial areas shall be located to conform to the anticipated pedestrian flow of the development. B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile grades shall conform to street grades. C. Planned unit development shall be subject to the location, widths, and grades set forth herein. D. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the Council. If the street is along a designated trail route, a bituminous trail may be required in place of the sidewalk,as determined by the Planning Commission and approved by the Council. E. In blocks over 900 feet long, pedestrian crosswalks through the blocks, and at least 10 feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity. F. Curb returns and intersections where sidewalk is required shall have handicap ramps. G. All sidewalks widths shall be 5 feet, except in commercial areas where the width may be wider,as determined by the City Council. City of Shakopee Design Criteria Page 12 Sect. 9 - Lots and Blocks 1. Easements. A. Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line easements and 20 feet wide for drainage, sewer or water easements. Underground utility installation shall be required. B. Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. C. Drainage and utility easements shall be shown on the final plat, out to the 100-year high water level contour. D. Access easements, for future maintenance, shall be provided for ponding areas within subdivisions. 2. Blocks. A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access,circulation control and safety of street traffic. B. Residential block lengths shall not exceed 1,300 feet. Blocks intended for commercial and industrial use must be designed as such, and the block must be of sufficient size to provide for adequate off-street parking, loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the City Code. C. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots. 3. Lot Standards. A. The lot dimensions shall be such as to comply with the minimum lot areas specified in the Zoning Chapter. B. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. C. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. City of Shakopee Design Criteria Page 13 D. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: 1. Where lots back on an arterial or collector street,in which case vehicular and pedestrian access between the lots and arterial streets shall be prohibited. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. 2. Where topographic or other conditions render subdividing otherwise • unreasonable, such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. F. All lots, except Common Interest Community lots, must abut their full frontage on a publicly dedicated street. G. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of fmal subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. H. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or an existing private roadway approved by the Council. 4. Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads. A. In all residentially zoned areas determined by the Administrator to have significant noise impact within 125 feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of 70 DbA or greater, one or a combination of the following design requirements shall apply: 1. Lots adjacent to the roadway right-of-way shall be sized wherein a 125 foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. City of Shakopee Design Criteria Page 14 2. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the 70 DbA standard accompanied by the following: a) A plan showing the existing and anticipated noise levels in DbA that are or will be expected on the site and in the immediate vicinity of the site. b) A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. B. Prior to approving a preliminary plan as required by this Chapter, the City shall determine that the noise levels will be successfully reduced to meet the ambient 70 DbA standard. (Ord. 58, May 7, 1981; Ord. 233, December 10, 1987; Ord. 246, June 17, 1988; Ord. 287, January 16, 1990; Ord. 302, January 25, 1991; Ord. 338; August 6, 1992) 5. Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds. In all zoned areas where residential dwellings are adjacent to, or are within 100 feet of a wetland or stormwater pond,the following design requirements shall apply: 1. All residential dwellings shall be at least 15 feet horizontal from the 100-year high water level of the wetland or pond. 2. In commercial or industrial zoned areas where a stormwater pond is proposed to be within 100 feet of a residential dwelling, a fence shall be installed along the property line separating the commercial zoned (or industrial zoned) area and the residential property. City of Shakopee Design Criteria Page 15 IS—. C .3. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Pulk Variance Appeal MEETING DATE: June 15, 1999 INTRODUCTION: At its June 1, 1999 meeting the Council voted to uphold the Pulk's appeal of a variance denial by the Board of Adjustments and Appeals. Attached is Resolution No. 5171 consistent with the Council's action. ACTION REQUESTED: Offer and pass Resolution No. 5171, a resolution upholding the appeal of Robert Pulk and Shona Buesgens-Pulk, and granting a side yard setback. R. Michael Leek Community Development Director Res. No. 5171 RESOLUTION NO. 5171 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING AN APPEAL BY ROBERT PULK AND SHONA BUESGENS-PULK OF THE BOARD OF ADJUSTMENTS AND APPEALS DENIAL OF A SIDE YARD SETBACK FOR A THREE-SEASON PORCH WHEREAS,Robert Pulk and Shona Buesgens-Pulk, applicants and owners, filed an application received April 29, 1999 for a four(4)foot variance from the provisions of City Code Sec. 11.28 Subd. 5 to allow allow a side yard setback of 6 feet instead of the required ten(10)feet for the construction of a three-season porch; and WHEREAS,this parcel is presently zoned Urban Residential (R-1B)); and WHEREAS,the property upon which the request is being made is legally described as; Lot 4, Block 2, Heritage Place 3rd Addition, City of Shakopee, Scott County,Minnesota WHEREAS, notice was provided and on May 20, 1999, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director or his appointed representative and invited members of the public to comment; and WHEREAS,the Board of Adjustments and Appeals denied the requested variance; and WHEREAS,the applicant's appealed the decision of the Board, and the appeal was heard by the City Council at its June 1, 1999 meeting; and WHEREAS,the City Council concluded that the request met the City Code criteria for granting a variance, and upheld the applicants' appeal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, AS FOLLOWS: That the appeal of Robert Pulk and Shona Buesgens-Pulk is hereby upheld, and that the application for variance to allow a four(4) foot variance from the provisions of City Code Sec. 11.28 Subd. 5 to allow allow a side yard setback of 6 feet instead of the required ten(10)feet for the construction of a three-season porch is hereby GRANTED BE IT FURTHER RESOLVED that the City Council makes the following findings of fact: Res. No. 5171 Finding 1. For the reasons set forth below, strict enforcement of the ordinance provisions would cause an undue hardship. Finding 2. The plight of the landowner is due to circumstances unique to the property. The location of the structure on this lot and the current side yard setback restrictions severely restrict the options for adding to the existing structure. Finding 3. The circumstances are a result of the configuration of this lot as platted and of current side yard setback requirements. Finding 4. The variance would not alter the essential character of the neighborhood. The addition proposed by the applicant would just be four feet closer to the side lot line than other properties were allowed in the neighborhood Finding 5. The problems extend beyond economic considerations. The problems relate to the functionality of this residential property, which is adversely affected by current setback requirements. Finding 6. The proposed variance would be in keeping with the spirit and intent of Chapter 11 (Zoning) in that it would preserve reasonable separation of the proposed addition from the adjoining property, and would improve the functionality of this residential property. Finding 7. The request for variance to the side yard setbacks is not a use variance. Finding 8. Conditions imposed by the Council will insure compliance and protect adjacent properties. Owners of adjacent and nearby properties testified at the public hearing that they viewed the proposed addition as a positive addition to the subject property and the neighborhood Finding 9. The subject property is not within the flood plain overlay zone. Adopted in regular session by the City Council of the City of Shakopee, Minnesota this day of June, 1999. Mayor ATTEST: City Clerk Res. No. 5171 CERTIFICATION OF RESOLUTION NO. 5171 I,Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 5171, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 15th day of June, 1999, as shown by minutes of the meeting in my possession. Dated this day of , 19 Judith S. Cox, City Clerk SEAL CITY OF SHAKOPEE /Sr: 0' / • Memorandum TO: Mayor& City Council , f ` --‘7N1" Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Sidewalk Replacement Panels DATE: June 15, 1999 INTRODUCTION: The Public Works Department has in its 1999 maintenance budget $15,000.00 for the removal and replacement of hazardous sidewalk panels. BACKGROUND: In the past few months the Public Works Department has requested quotes from various curb and sidewalk contractors for the removal and replacement of hazardous sidewalk panels along the collector streets throughout the City. To this date, unfortunately, we have received only one quote (C.R. Fischer and Sons, Inc.) and one "not interested" response. The Public Works Department would like to go forward with this project this year in order to get our hazardous panel replacements to a level we can handle in-house. The quote from C.R. Fischer and Sons, Inc. is for$14,803.03, this quote does not include turf restoration. The Public Works Departments summer seasonal employees will do turf restoration. Attached to this memo is a copy of the quote from C.R. Fischer and Sons, Inc. ALTERNATIVES: 1. Authorize the Public Works Department to contract with C.R. Fischer and Sons, Inc. for sidewalk panel replacements at a cost of$14,803.03. 2. Direct staff to continue to solicit for additional quotes. RECOMMENDATION: Staff recommends Alternative No. 1, to contract with C.R. Fischer and Sons, Inc. for the sidewalk panel replacements at a cost of$14,803.03. ACTION REQUESTED: Move to authorize staff to enter into contract with C.R. Fischer and Sons, Inc. for sidewalk panel replacements at a cost of$14,803.03. Michael Hullander Public Works Supervisor JUN-08-1999 12 03 FROM CR FISCHER/FISCHER STAFF TO 6124456718 P.01/01 c.,K. riscner ana Sons, .Lac. Proposal 3240 - 220th Street P.O. Box 448 Date 6/3/1999 Farmington, MN 55024 Phone (651) 463-7300 Fax (651) 463-7033 Bid Number 990610 Architect Plan Date Estimator -I Curt Fischer To: PROJECT NAME SIDEWALK RESTORATION PROJECT SHAKOPEE ru.ct�, Quantity U/M Description Unit Cost Amount 2,808.76' SF Remove concrete walk 1.50 4,213.13 10 LF Remove curb&gutter 5.00 50.00 2,282.75 SF 4"concrete walk including 4" base 3.60 8,217.90 516 SF 8" conc walk/drive incl 4"base 4.50 2,322.00 No Sod Restoration. • Total Bid $14,803.03 GRADE +1- .1 FOOT NO SURVEYORS LAYOUT NO SAND OR GRAVEL BASE NO TESTING NO JOINT SEALING NO WINTER CONDITIONS BID PRICE VALID FOR 30 DAYS TOTAL P.01 15.1 .2, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: McGuire Circle, McGuire Court and Muhlenhardt Road Plan Approval, Project No. 1999-2 DATE: June 15, 1999 INTRODUCTION: Attached is Resolution No. 5169, which approves the plans and specifications and authorizes staff to advertise for bids for Project No. 1999-2 for the improvement of McGuire Circle, McGuire Court and Muhlenhardt Road. BACKGROUND: On January 5, 1999, Resolution No. 5049 was adopted and ordered the preparation of a feasibility report for McGuire Circle and McGuire Court improvements within the plat of Riverview Estates. Also, the City Council directed staff to include alternatives for improving Muhlenhardt Road in this report. The paving improvement for McGuire Circle and McGuire Court was initiated by a petition from residents living on those streets. McGuire Circle and McGuire Court are existing bituminous paved streets, while Muhlenhardt Road is an aggregate surfaced street. On March 16, 1999, Resolution No. 5079 was adopted receiving the feasibility report and calling for a public hearing on the proposed improvements. On April 20, 1999, the Council ordered the project by adopting Resolution No. 5118 and amending the resolution by including the improvement of Muhlenhardt Road, from C.R. 16 to Horizon Drive. The plans have been completed by staff as per the feasibility report with the following changes: 1. Muhlenhardt Road street width from C.R. 16 to Horizon Drive is 28 feet back of curb to back of curb. 2. Bituminous curb is being installed on Muhlenhardt Road from McGuire Circle to Horizon Drive. On Plan Change No. 1, from the feasibility report, it was determined during design that a 28 foot street width would fit the best to the existing conditions versus the proposed 30 foot street width. The rural streets adjacent to Muhlenhardt Road are 28 feet in width and the proposed change matches the nearby streets in this area. Also, the street width of 28 feet matches the existing topography and would not require additional grading or retaining walls in order to accommodate a greater street width. Existing street width ranges from 16 feet to 22 feet. On Plan Change No. 2, from the feasibility report, staff has designed a bituminous curb on Muhlenhardt Road from McGuire Circle to Horizon Drive. This design eliminates the shoulders needed for a rural roadway and will control the storm water runoff of the newly paved Muhlenhardt Road. Staff believes this change is a better design and more cost effective than the rural roadway section proposed earlier. If plans are approved, staff intends to go out for bids and bring the award of contract consideration to Council on July 20, 1999 and will have a list of waivers signed by the residents for that meeting. ALTERNATIVES: 1. Adopt Resolution No. 5169. 2. Deny Resolution No. 5169. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve plans and specifications in order to proceed with this project so as to construct the improvements this year. ACTION REQUESTED: Offer Resolution No. 5169, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for McGuire Circle, Mcguire Court and Muhlenhardt Road, Between County Road 16 and Horizon Drive, Project No. 1999-2 and move its adoption. &Q Bruce Loney Public Works Director BL/pmp MEM5169 RESOLUTION NO. 5169 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For McGuire Circle, McGuire Court And Muhlenhardt Road, Between County Road 16 and Horizon Drive Project No. 1999-2 WHEREAS,pursuant to Resolution No. 5118 adopted by City Council on April 20, 1999, Bruce Loney, Public Works Director has prepared plans and specifications for McGuire Circle, McGuire Court and to the improvements of Muhlenhardt Road, between County Road 16 to Horizon Drive by street, storm sewer, concrete curb and gutter and any appurtenant work as described in the feasibility report and as amended for the project. 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 , 1999. Mayor of the City of Shakopee ATTEST: City Clerk �s. 0.3 CITY OF SHAKOPEE MT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Sarazin Street, Roundhouse Street and 4th Avenue Revised Assessment DATE: June 15, 1999 INTRODUCTION: Associated with the Sarazin Street, Roundhouse Street and 4th Avenue Project No. 1994- 10, there were several assessment appeals from property owners on this project. The City Attorney has negotiated a settlement with Mr. &Mrs. William Hauer on a parcel adjacent to 4th Avenue. During the preparation of the settlement agreement, an error was discovered in the assessment frontage. The assessment total has been revised and attached is Resolution No. 5170, a resolution which adopts the revised assessment for the Hauer's on the Sarazin Street, Roundhouse Street and 4th Avenue Improvement Project. BACKGROUND: The previous proposed settlement for the Hauer parcel is to change the levied deferred assessment of$54,230.30 to a current levied assessment of$27,115.15 and the remaining $27,115.15 kept as a deferred assessment to be levied on the property when the property redevelops. This deferred assessment would be finalized through an agreement as prepared by the City Attorney. Further negotiations have concluded that the street and sidewalk assessment frontage should have been 100 feet less. The new proposed settlement is to reduce the levied assessment of$54,230.30 by $9,260.00 to $44,970.30 and defer half of the new assessment amount until the property redevelops. Attached to Resolution No. 5170 is the revised assessment for Council review and approval. Approving the revised assessment is necessary to complete the settlement. ALTERNATIVES: 1. Adopt Resolution No. 5170. 2. Deny Resolution No. 5170. 3. Table Resolution No. 5170. 4. Adopt a motion authorizing the appropriate City Officials to sign the necessary documents to finalize the settlement of the special assessment appeal filed by the Hauer's. 5. Do not adopt the previous described motion. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 4. ACTION REQUESTED: 1. Offer Resolution No. 5170, A Resolution Adopting the Revised Assessment for Parcel No. 27-906028-0 for Sarazin Street, between 4th Avenue and County Road 16; Roundhouse Street, between 4th Avenue and County Road 16; and 4th Avenue, between Shawnee Trail and Sarazin Street, Project No. 1994-10 and move its adoption. 2. Adopt a motion authorizing the appropriate City Officials to sign the necessary documents to finalize the settlement of the special assessment appeals filed by the Hauer's. A4AAj'e- Bruce Loney Public Works Director BL/pmp MEM5170 06-08-99 10:50 From-KENNEDY & GRAVEN +6123379310 T-396 F.02/02 F-370 UUUI .7' VJ, a i.e. .. ...-......-_ -, s NICKLAUS, BRAATEN, & HOLLENHORST, P.L.L.C. ATTORNEYS AT LAW: Rover[ A. Nicklaus J uWest Second Street . > O��fo Erie.). Braaten Chaska, Minnesota 55318 Qhoako,Minnezga 55318 Charles W. Hollenhorst (812) 496.4747 FAX(612) •N8.4787 June 7, 1999 RENT VIA PAX ONLY3 (612) 337..9310 Mr. James J. Thomson (2. Page) KENNEDY & GRAVEN CHARTERED 470 Pillsbury center 200 South 6th Street Minneapolis, MN 55402 Re: William A. Hauer v. City of ShaXopee Case Number: 1997-3.9202 Dear Mr. Thomson: The Hauers accept the final offer of the city to settle for the proposed reassessment that Would reduce their assessment by $9,260. with half of it deferred. The deferred assessment would not accrue any interest. Because the assessment is' being reduced after the 1998 payment, I assume that the auditor will be instructed to adjust out the overpayment for 1998 when the reduced amount is calculated into the total amount to be assessed for each year. (Yours very;t uly, l Roh rt A. N cklaus RAN:hn cc: Mr. and M . William Hauer RESOLUTION NO. 5170 A Resolution Adopting A Revised Assessment For Sarazin Street, Between 4th Avenue And County Road 16; Roundhouse Street, Between 4th Avenue And County Road 16; And 4th Avenue, Between Shawnee Trail And Sarazin Street Project No. 1994-10 P.I.D. No. 27-906028-0 WHEREAS, by Resolution No. 4776, the City Council of the City of Shakopee adopted assessments for the following project and passed upon all objections to the proposed assessments of: Improvement of Sarazin Street and Roundhouse Street,between 4th Avenue and County Road 16 by street, sanitary sewer,watermain, storm sewer and sidewalks and construction of sanitary sewer and watermain on 4th Avenue,between Shawnee Trail and Sarazin Street. WHEREAS, such assessments were modified by Resolution No. 5030 on December 1, 1998; and WHEREAS, it has been determined that the assessment for P.I.D. No. 27-906028-0 be revised due to construction assessment calculations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the revised assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein, thereby replacing assessments adopted by Resolution No. 4776 and amended by Resolution No. 5030, for those properties listed on the supplemental assessment roll and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of Resolution No. 4776 dated November 5, 1997. To the first installment shall be added the interest on the entire assessment from November 5, 1997 until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 4. Assessments so marked on the revised assessment roll shall be deferred until municipal water is available on 4th Avenue. Interest shall accrue during the deferral period at the rate stated in this resolution. Deferred interest shall be added to the principal and spread over 10 years. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk F- u, Z W 2 aD 0) V) N W (NI Ef3 U) U) Q Cn co cv) p o_ d N O W p co o Z W o _ sl , Z W J N r- • 'j. 01 in n Q G. Cs) Ep � Cfl W W V U w > J v) ui d Q W LO o i 0 W 0 t,.., LU CD Tt 1_, (NI J � LLd O Z o ( Z O N WI- I QTr mW co - Cr) g cn c cm co Z W e- UJ ce u) N W m Lu U) co Z W Z QCI) 01- W G CI W W CC/) CnD0 U) a) CL LUCLd Z cCnn I 0)2 Q cv r- 0 z � WF2 Lo W ca) Q Ce 1 c Z W 0 Qa ai 0 V' E 't o cvo - N to ct CL W o m co g N n co z 0 ci (3.)h. a N CITY OF SHAKOPEE / _ E. /, Memorandum CONSENT, TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Class and Number of Liquor Licenses DATE: June 4, 1999 INTRODUCTION: City Council is asked to consider amending the city code relating to the apportionment of liquor licenses within various license classes, and adopt the attached ordinance, prepared by the City Attorney. BACKGROUND: The current city code provides for the apportionment of 12 liquor licenses between three license classes. Five additional liquor licenses were approved by the voters in 1996 increasing the number of licenses that the City may issue to 17. What license class these five additional licenses should fall into needs to be determined. At the regular City Council meeting on June 1, 1999, staff was directed to prepare an ordinance creating additional classes, one for restaurants that seat under 125 guests and one for restaurants that seat over 125 guests. In addition, these restaurants must derive at least 50% of their gross receipts from the sale of food. The City Attorney has prepared the attached ordinance which accomplishes this amendment to the city code. In addition, Subd. 11 of Sec. 5.32 has been redrafted to address the minimum investment for a new licensee in these classes. Restaurants seating under 125 guests will be required to have an investment of $200,000, and restaurants seating over 125 guests will be required to have an investment of $350, 000, consistent with the requirements for the license classes already established. Adoption of the attached ordinance will result in the following apportionment of issued licenses: 6 of 7 max. Class A, establishments under 4,000 sq. ft. 4 of 3 min. Class B, establishments over 4, 000 sq. ft. 1 of 2 min. Class C, Hotel/motel/restaurant/lounge 11 of 12 Licenses issued prior to 1996 referendum Class and Number of Liquor Licenses June 4, 1999 Page -2- 1 of 2 Class D, restaurant seating under 125 guests (Application for license for Sabroso Restaurant on 6/15 agenda. ) 1 of 3 Class E, restaurant seating over 125 guests (The Brew Station Brewery. This license was granted in 1998, after the 1996 referendum. ) 2 of 5 November, 1996, referendum, additional licenses ALTERNATIVES: 1. Adopt ordinance as prepared 2. Amend ordinance 3. Request additional information from staff RECOMMENDATION: Alternative 1 would accomplish the apportionment of the additional five liquor licenses as discussed at the June 1, 1999, Council meeting. RECOMMENDED ACTION: Offer Ordinance No. 551, Fourth Series, An Ordinance Relating to Liquor Licenses and Amending Section 5.32, Subds. 11 and 12 of the City Code, and move its adoption. J dith S. Cox City Clerk is\clerk\jeanette\liquor\class-2 ORDINANCE NO. 551,FOURTH SERIES AN ORDINANCE RELATING TO LIQUOR LICENSES AND AMENDING SECTION 5.32, SUBDS. 11 AND 12 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - Section 5.32, Subd. 11, Paragraph A of the City Code of Shakopee is amended to read: A. No initial on-sale liquor license issued for premises not previously licensed shall be granted unless the licensee has an investment therein for fixtures and structures exclusive of land as follows: Class A: $200,000.00 for a Class A restaurant or exclusive liquor store. Class B: $350,000.00 for a Class B restaurant or exclusive liquor store. Class C: $2,000,000.00 for a Class C hotel/motel restaurant/lounge with a minimum of$200,000.00 of the investment expended for the restaurant/lounge area. The restaurant/lounge must contain a minimum of 4,000 square feet of customer floor area and the licensed premises shall be a part of a motel/hotel building with a minimum of 100 guest rooms or 75 guest suites. Class D: $200,000.00 for a Class D restaurant. Class E: $350,000 for a Class E restaurant. Section 2—Section 5.32, Subd. 12 of the City Code is amended to read: Subd. 12. Class and Number of Licenses. On-sale liquor licenses shall be classed and granted only as follows: Class A: Restaurants or exclusive liquor stores as defined in this Chapter and under 4,000 square feet customer floor area. Not more than seven (7) of these licenses shall be available for any license period. Class B: Restaurants or exclusive liquor stores as defined in this Chapter and which have over 4,000 square feet of customer floor area. Not less than three (3) of these licenses shall be available for any license period. JJT-164079 SH155-23 Ordinance No. 551 continued Class C: Hotel/motel restaurant/lounge as defined in this Chapter and which receive at least 50% of its gross receipts from the sale of food for consumption on the premises and which restaurant/lounge area contains a minimum of 4,000 square feet of customer floor area. The hotel/motel operation must have a minimum number of 100 guest rooms or 75 guest suites. Not less than two (2) of these licenses shall be available for any license period. Class D: Licenses issued after November 5, 1996 to restaurants having a seating capacity for less than 125 customers and deriving at least 50% of their gross sales from the sale of food. No more than two (2) of these licenses shall be available during any license period. Class E: Licenses issued after November 5, 1996 to restaurants having a seating capacity for 125 or more customers and deriving at least 50% of their gross sales from the sale of food. No less than three (3) of these licenses shall be available during any license period. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk JJT-164079 SH155-23 /5i .. 0 . CITY OF SHAKOPEE MEMORANDUM CONSENT, [�' S ENT MEMO TO: Mayor and City Council - Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: 1999/2000 3 .2 Percent Malt Liquor License Renewals DATE: June 9, 1999 INTRODUCTION The following businesses have applied for a 1999-2000 On and/or Off Sale 3 . 2 Percent Malt Liquor License (s) . Staff has checked for delinquent property taxes and utility bills. The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements . One application is not in order for one of the reasons identified in the preceding paragraph. Council approval of this license will be conditioned upon compliance with all City Code requirements. No license will be delivered until the licensee is in compliance with all requirements. I have been in contact with Michelle Messer, Minnesota Department of Health, Environmental Health Services. She has advised that the well at Stonebrook Golf Course has been recently tested and found to be in compliance with maximum contaminant levels set by the state and federal Safe Drinking Water Rules for the contaminants analyzed. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5 . 02, Subd. 9 which requires connection to City water and sewer. ACTION REOUESTED 1. Approve the application (s) and grant an On Sale and/or Off Sale 3 .2 Percent Liquor License (s) , conditional upon compliance with all City Code requirements, to: Application In Order Applicant On Sale Off Sale Yes Speedway SuperAmerica LLC 1155 East 1st Avenue X Yes Magnum Management Corporation d/b/a Valleyfair X One Valleyfair Drive Yes Holiday Stationstores, Inc. X 444 East 1st Avenue Yes Pizza Huts of the Northwest, Inc. X 257 Marschall Road Yes Tom Thumb Food Markets X 590 So. Marschall Road Working Raceway Park Inc. X On One Checkered Flag Blvd. Yes Twin Cities Stores, Inc. X dba Oasis Market #525 1147 Canterbury Road Yes Stonebrooke of Shakopee, Inc. X 2693 County Road 79 Yes Speedway SuperAmerica LLC X 1298 Vierling Drive East Yes Shakopee 1997 LLC X dba Cub Foods 1198 Vierling Drive East Yes Shakopee Jaycees Inc. X Joe Schleper Baseball Arena at Tahpah Park 2 . Waive the requirement of City Code Section 5 . 02, Subd. 9 for Stonebrooke of Shakopee, Inc. (Y ) -,,J1 th , _ Ci lerk ' j 4 [\jeanette\liquor\memobeer.liq] CITY OF SHAKOPEE ONSIA MEMORANDUM C E N MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of On Sale Wine License DATE: June 9, 1999 INTRODUCTION AND BACKGROUND Magnum Management Corporation d/b/a Valleyfair has applied for a 1999-2000 On Sale Wine License (and beer license) . Magnum Management Corporation is responsible for the beer and wine licenses. The application and insurance requirements from Magnum Management Corporation for the wine license are in order. ACTION REOUESTED Approve the application and grant a On Sale Wine License to Magnum Management Corporation d/b/a Valleyfair, One Valleyfair Drive. Ci Clerk JCS/jms (jeanette\liquor\memobeer.liq] /5 . y. CITY OF SHAKOPEE MEMORANDUM CONSENT ` MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk • RE: 1999/2000 Intoxicating Liquor License Renewals DATE: June 9, 1999 Introduction The following businesses have applied for a 1999-2000 Liquor License (s) . Staff has checked for delinquent property taxes and utility bills . The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements . One application is not in order for one of the reasons identified in the preceding paragraph. Council approval of this license will be conditioned upon compliance with all City Code requirements . No license will be delivered until the licensee is in compliance with all requirements . I have been in contact with Michelle Messer, Minnesota Department of Health, Environmental Health Services. She has advised that the well at Dangerfields and at the KC Hall have been recently tested and found to be in compliance with maximum contaminant levels set by the state and federal Safe Drinking Water Rules for the contaminants analyzed. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5 . 02, Subd. 9 which requires connection to City water and sewer. Recommended Action 1 . Approve the application (s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License (s) , conditioned upon compliance with all City Code requirements, to: • Application In Order Applicant On Sale Sunday Off Sale Club Yes Bretbecca, Inc. X X X dba Pullman Club 124 West 1st Avenue Yes Rock Spring Restaurant, X X X Inc. 1561 E. 1st Avenue Yes Babe ' s Place, Inc. X X X 124 South Holmes Yes Canterbury Park X X X Concessions, Inc. 1100 Canterbury Road Yes Dangerfield' s Restaurant X X Inc. 1583 E. 1st Avenue Yes Heyde Hospitality Inc. X X dba Park Inn & Suites 1244 Canterbury Road (includes volleyball court) Yes Turtle ' s Bar and Grill X X Inc. 132 East First Avenue Yes AFFC, Inc. X X dba Arnie ' s Friendly Folks Club 122 East First Avenue Yes Shakopee Ballroom and X X Banquet Center Inc. 2400 4th Avenue Yes The Main Event of X X Shakopee Inc. 911 East 1st Avenue (includes deck) On Sale Sunday Off Sale Club Yes Pablo' s Mexican Restaurant X Inc. 230 South Lewis Street Yes Brew Station Brewery, Inc. X X 1128 Vierling Drive East Yes Crossroads Liquor of Shakopee LLC X 1262 Vierling Drive East Working Family Dining Inc. X On dba Budget Liquor 6268 Hwy 101 Yes Riverside Liquors, Inc. X 507 E. 1st Avenue Yes Valley Liquor, Inc. X 1104 Minn. Valley Mall Yes MGM Spirits Express, Inc. X dba MGM Liquor Warehouse 471 Marschall Road Yes The American Legion X X Club Post No. 2 • 1266 East 1st Avenue Yes Knights of Columbus Home X X Assn. , Inc. 1760 East 4th Avenue Yes VFW Post #4046, Inc. X X 1201 East Third Avenue Yes Fraternal Order of Eagles X X #4120 220 2nd Avenue West 2 . Waive the requirement of the City Code Section 5 . 02, Subd. 9 for Dangerfield' s Restaurant Inc. and for Knights of Columbus Home Association, Inc. 3 . Consistent with previous approvals, the following conditions are placed on the approval of the license for The Main Event of Shakopee Inc. : a. The extended 648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset . b. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. c. Applicant' s failure to comply with any of these conditions shall be grounds for suspension or revocation of the license by the City Council . C. yClerk [t:\Jeanette\liquor\memobeer.. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Intoxicating Liquor Licenses - Sabroso Restaurant DATE: June 10, 1999 INTRODUCTION: City Council is asked to consider granting on sale and Sunday on sale liquor licenses to Sabroso Restaurant. BACKGROUND: In 1998, Gaspar Perez, owner of Sabroso Inc. dba Sabroso Restaurant and Market, obtained a 3 .2 percent malt liquor license and a wine license. Mr. Perez has changed his business from a restaurant and market to a restaurant. Instead of renewing his beer and wine license, he has made application for a liquor license. He underwent a background investigation in 1998, and his new manager underwent a background investigation at this time. I have been advised by the police department that nothing in their backgrounds would preclude them from being licensed. The applications are in order and the certificate of insurance is forthcoming. The Sabroso Restaurant will seat under 125 guests at one time. Assuming that City Council adopts Ordinance No. 551 at the June 15th Council meeting, this license will fall into the Class D licenses. It will be the first of two licenses in this new category. Mr. Perez needs to obtain a conditional use permit for a class II restaurant to serve alcoholic beverages. The hearing on his application for a CUP will be on July 8, 1999. Assuming that the CUP is approved, the licenses would be delivered to him shortly thereafter. Mr. Perez 's beer and wine licenses expire on July 1st. Has chosen not to renew them and will be discontinuing serving beer and wine until he obtains his CUP and liquor licenses. Sabroso Restaurant Liquor Licenses June 10, 1999 Page -2- ALTERNATIVES: 1. Approve the licenses 2. Deny the licenses 3. Table the licenses for additional information RECOMMENDATION: Staff recommends alternative #1, approve the licenses. RECOMMENDED ACTION: Approve the applications and grant on sale and Sunday on sale intoxicating liquor licenses to Sabroso Inc. , 1120 East First Avenue upon compliance with city code requirements and receipt of a conditional use permit for a Class II restaurant. 4. J •h S. Cox, ity Clerk is\clerk\jeanette\liquor\sabroso 15-: E. 6 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: FY 2000 Budget Instructions DATE: June 11, 1999 INTRODUCTION: The Council is asked to give any specific directions to staff, as it begins preparation of the FY 2000 operating budget begins. BACKGROUND: At the last meeting,the Council adopted a budget calendar which calls for the Council to give preliminary direction budget plans, ideals, and goals at the June 15th meeting. This information will be incorporated in to directions to be given to staff, which is to return departmental budget requests to the Finance Department by July 28th. In the past,the Council has given directions on such things as: 1. Tax Capacity Rate - While the State legislature does set limitations on some of the portions of budgetary growth up to this year, Shakopee has been in position that the taxable value of the community has been able to be increased sufficiently to allow for inflation, and provide modest increase in staff levels to address the growth of the community. Therefore, unless Council directs otherwise, staff will prepare the budget in such a way that an increase in the tax capacity rate will not be necessary. 2. Service Levels-If there is a specific departmental program that the Council wants to see increased or decreased(police patrol, ball field maintenance, snow plowing, etc.), it should so indicate. At the June 15th meeting, Councilor Sweeney noted that the County has adopted a different method of providing background information for the County Board in preparation of the budget. We are investigating that, and if there is anything that is applicable to the City, we will discuss that with you at the June 15th meeting. RECOMMENDATION: I recommend that the Council review priorities for FY 2000 that will impact the budget, and advise staff as to changes it would like to see implemented. ACTION REQUIRED: Council should give direction to staff for any specific issues to be included in the FY 2000 budget. Duki Mark McNeill City Administrator MM:tw r 2000 BUDGET CALENDAR Date Who What June 15 Council Preliminary direction on budget plans,ideas,goals. June 29 Council Joint meeting with Planning Commission and Park Board for CIP discussion July 7 Staff Budget request worksheets to departments July 28 Staff Budget worksheets due back to Finance from departments. Aug 1 State Receive Local Government Aid state aid figures. Aug 10 Council Worksession on General Fund budget. Aug 19 Council Worksession. Aug 26 Council Worksession. Sept 1 State Receive Homestead/Agricultural Aid state aid figures. County Receive tax capacity numbers(?) Sept 9 Council Worksession&meeting? Adopt proposed maximum tax levy Sept 15 Staff Certify maximum property tax levy to county which will be used for proposed property tax notices. Oct 19 Council Public hearing at Reg.Council Meeting to discuss Tax Rates. Nov 15 County Proposed tax notices sent to property owners Dec 6 Council Hold actual property tax levy hearing(date reserved for cities). Dec 14 Council Adopt final tax levy and budget Dec 24 Staff Certify final tax levy. *Council can schedule additional dates for worksessions as needed. June 29th worksession is set for 7:00 p.m. August worksessions will begin at 4:30 p.m. , unless Council directs otherwise. /55. E. 6; CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: County Strategic Budget Plan DATE: June 15, 1999 Introduction & Background Staff has received a copy of the county' s Strategic Budget Plan as referenced by Councilor Sweeney. In addition to what the city is currently doing for the budget process,!the county plan has the following: 1 . A mission statement for the county, each department and each division. 2 . Description of the services provided by the department in terms of, or that would facilitate management and/or performance measures. 3 . Major goals in support of the mission statement . 4 . Socio-economic factors that influence projections (population, crime, interest rates, etc. ) 5 . Performance indicators for each goal - historical and projected. Costs and budget by major categories, and also compliance levels for laws, resolutions, etc. . 6 . A form for additional staffing requests . 7 . Departmental organizational chart . 8 . Vision for the future for the department/division. 9 . Quarterly reports on performance indicators. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Mayor Brekke's Comments- 6/15 Agenda DATE: June 15, 1999 After reviewing the Council packet for tonights meeting, Mayor Brekke provided me with the following comments: 15.A.1. BJA Local Law Enforcement Block Grant-His preference would be to see the funds be used for the installation of a security monitoring systems for the new Fire Station, City Hall, and Community Center. Staff is investigating whether these are permitted uses under the grant. However, at this time,the City is merely applying for the grant. If we are successful in obtaining, a decision can then be made in future as to how those will be used. 15.B.1. Pool Closure Policy-He is concerned about liability, and directors and officers liability insurance to cover us for problems that might arise. I have talked with the LMCIT Insurance Trust and described what we were doing. They feel that we have undertaken all appropriate safeguards. While the City can still be sued,we should have coverage. 15.E.6. Budget Comments -He would like to propose a new initiative for the FY 2000 Budget,but will need to explain that a future meeting. A-(2- Mark McNeill City Administrator MM:tw