HomeMy WebLinkAbout05/16/1995 TENTATIVE AGENDA
ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 16, 1995
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roll Call at 7 : 00 P.M.
2] Approval of Agenda
3] Recess for Economic Development Authority Meeting
4] Re-convene
5] Liaison Reports from Councilmembers
6] Mayor's Report
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
8] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
*9] Approval of Minutes of April 18, 1995
10] Communications: None
11] PUBLIC HEARINGS:
a] 7 : 00 P.M. - Proposed vacation of a portion of the
drainage and utility easement located
on either side of the lot line between Lots
1 & 2, Block 1, Valley Park 6th - Res. 4218
b] 7 : 15 P.M. - Proposed public improvements to Fuller Street
between 10th Avenue and Vierling Drive -
Res. 4219 (bring feasibility study)
12] Recommendations from Boards and Commissions:
*a] Canterbury Park PUD - Ord. No. 417
13] Reports from Staff:
a] Civic Center - Family Net Office Space
*b] Zamboni and Signs
TENTATIVE AGENDA
May 16, 1995
Page -2-
13] Reports from Staff continued:
*c) Summer Youth Employment Program
*d] Time Extension for Final Plat of Westridge Lake
Estates PUD
e] Authorization of Planning Dept. Personnel
*f] Application for Liquor Licenses - Babe's Place, Inc.
g] Civic Center Ground Breaking
*h) Accessible Ramp for Tahpah Park Baseball Stadium
i] Civic Center Bid Package #3 - memo on table
*j ] Easement Acquisition for Sarazin and Roundhouse
Streets, Project No. 1994-10
*k) Metropolitan Council Agreement for the Millpond Basin
Project Funding
*1] CR-77 Cooperative Agreement
*m) OSM Consultant Contract Extension
*n] Hiring Engineering Tech II
*0) Approve Bills in the Amount of $577, 335.55
14] Resolutions and Ordinances:
*a] Res. No. 4220 - Amending the 1995 Budget
*b] Res. No. 4221 - Approving Plans and Ordering Bids for
P & V Additions, Project 1995-5
c] Res. No. 4193 - Ordering Vierling Drive Project from
CR-79 to CR-77, Project 1995-6
15] Other Business:
a] Select date for next Committee of the Whole
b]
c]
16) Adjourn
Dennis R. Kraft
City Administrator
TENTATIVE AGENDA
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Adjourned Regular Session May 16, 1995
1. Roll Call at 7:00 P.M.
2. Approval of the May 2, 1995 EDA minutes and the April 4, 1995 HRA minutes.
3. TIF Plan Amendments -Verbal
4. Block 3 &4 Relocation Issues and Fixtures Appraisal
5. Adoption of EDA Seal
6. EDA Budget
7. Other Business
a)
b)
8. Adjourn
Dennis R. Kraft
Executive Director
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non Agenda Informational Items
DATE: May 12, 1995
1. Attached are the April 19, 1995 minutes of the Community Development Commission.
2. Attached is the Building Activity Report for April.
3. Attached is correspondence from Neil Heikkila to the P.W. Director regarding proposed
easement acquisition for Sarazin Street- City Project No. 1994-10.
4. Attached is a memorandum from the City Attorney regarding closed meetings before City
Council.
5. Attached are April 3rd& 10th, 1995 minutes of the Shakopee Public Utilities
Commission.
6. Attached is a memorandum from the City Administrator regarding vacation time.
7. Attached is the 1994 Planning Department Annual Report.
8. Attached is the Planning Department's Monthly Report for April.
9. Attached is the Revenue and Expenditure Reports as of April 30, 1995.
10. St. Mary's Church is applying for an Exemption from Lawful Gambling License for their
annual festival on June 25th. They do meet the requirements of the City Code.
11. Attached is the Police Newsletter for Council review.
12. Attached is correspondence from Donald Hall regarding the proposed trunk sewer to
service St. Francis Regional Medical Center feasibility Report and the Staff Engineer's
response to Mr. Hall.
13. Attached is a News Release from the Mn DOT regarding CR 18 access to Hwy. 101.
14. Attached is the 1994 Building Department Annual Report.
15. Attached is a memorandum from the Acting City Planner regarding code enforcement
issues.
16. Attached is a memorandum from the Public Works Director regarding C.R. 16 from
CSAH 17 to CR 83 (Turn Lane Consideration).
17. Attached is correspondence from Paragon Cable officials regarding the locations of many
of the cable channels being changed and a new optional tier of services.
18. Attached is a memorandum from the Public Works Director regarding City Staff Meeting
with Developer/Contractors on Engineering Issues.
19. Attached are the May 4, 1995 minutes of the Board of Adjustment and Appeals and the
Planning Commission.
20. At the Board of Review meeting on Tuesday, May 9, 1995 the issue of Valleyfair
Fireworks was discussed. For Council's information, each year Valleyfair must obtain a
Fireworks Permit from the City of Shakopee for any displays they intend to have. The
permit is fairly easy to obtain and is reviewed by the Fire Chief.
Each year when the permit is reviewed, staff takes into consideration any complaints
received on the fireworks. In the past, the City of Shakopee has received few complaints
from Shakopee residents regarding the fireworks at Valleyfair. We have actually
received more complaints from persons who live on the other side of the river in Eden
Prairie.
To date, we have not received a fireworks permit application from Valleyfair for any
display events for this year. When and if a fireworks display permit is received, we will
once again review whether or not any complaints have been recorded and determine if it
would be appropriate to approve the permit application.
To Mayor Laurent& Council:
The City of Belle Plaine
and
the Scott County Library System
cordially invite you
to attend
the dedication and opening
of the
Belle Plaine Public Library
125 West Main Street
Wednesday, May 17, 1995 at 6:00 pin
/
OFFICIAL PROCEEDINGS OF THE
COMMUNITY DEVELOPMENT COMMISSION
Regular Session Shakopee,Minnesota April 19, 1995
MEMBERS PRESENT: Morke,Reinke, VanHorn,Miller, Dauenhauer, Amundson
MEMBERS ABSENT: Albinson, Stafford, and Brandmire
STAFF PRESENT: Paul Bilotta, Community Development Coordinator
Terrie A. Thurmer, Assistant City Planner
ROLL CALL.
Chrmn. VanHorn called the meeting to order at 5:30 p.m. The roll call was taken as noted
above.
H. APPROVAL OF THE MARCH 15, 1995, MEETING MINUTES.
The minutes of the March 15, 1995, meeting were approved as presented.
III. ECONOMIC DEVELOPMENT UPDATE (VERBAL).
a. Community Center. The Community Development Coordinator stated that staff
expects the City to break ground for the Community Center within the next four
weeks. He added that the opening date is November 1s`for the proposed ice facility,
but the remaining portion of the site will not be open until a later date.
b. St. Francis Medical Center. The Community Development Coordinator stated that
the new medical campus is in the process of being constructed on the east side of CR
17. He added that the fate of the existing St. Francis Hospital is undetermined at this
time. However, Scott County may be interested in looking at the site if it were
cleared.
IV. HOUSING ISSUES.
The Community Development Coordinator stated that the City Council directed staff to
report on housing issues for the purpose of assessing whether the City's current role in
housing should be altered. In addition to the staff memo, he also provided the Commission
with housing information taken from the Housing Element of the 1995 Draft
Comprehensive Plan. A copy of this information on the table is attached as Exhibit A.
The Community Development Coordinator referred to Attachment 1 of the staff memo
which contained a list of possible housing actions at the City level. (A copy of this
attachment has been included in these minutes as Exhibit B.) He stated that the City has
primarily concentrated its efforts in the"Monitoring/Facilitating" and "Enforcement"
categories, while Scott County has concentrated its efforts in the"Tenant Oriented" and
"Rental Property Owner Oriented" categories. He added that the intent is to seek
direction on the general categories the City should be involved in and any actions that
Official Proceedings of the Wednesday, April 19, 1995
Community Development Commission Page- 2
should not be considered. From this general direction, staff can then identify which
recommended actions would involve new programs and the amount of effort that would
be required to set up these new programs, if any.
Discussion regarding the City Council's action on hiring a Code Enforcement Officer took
place. Although the City Council approved this position within the budget, hiring for the
position is on hold due to cuts in Local Government Aid (LGA).
Comm. Morke stated that the housing issues were looked at by the City Council on
Tuesday night (April 18, 1995). He stated that they also wanted to look at a way to
increase the median income of the City's population.
Comm. Miller stated that he does not feel that there is a lack of affordable housing within
the City, and that the statistics reflect this. He said that the CDC looked at this a year ago
and recommended that no additional action take place. He suggested that the City provide
housing that would attract owners of executives. However, affordable housing should be
monitored and may need to be looked at again later.
Comm. Amundson stated that she is on the"Christmas in May" board and that it is
getting difficult to find homes to fix up for this program.
The Community Development Coordinator stated that staff is recommending that the City
continue to concentrate its efforts in the"Monitoring/Facilitating", Enforcement", and in
limited circumstances, "Ownership Development" categories. He asked that the
Commission review Attachment 1, and offer direction as to which actions and categories
should not be considered for increased City involvement and provide any input as to what
actions, if any should be added to the list.
Discussion on the"Possible Housing Actions" took place. Consensus was reached
regarding the following recommendations:
Possible Housing Action: Recommendation:
1. Tenant Oriented:
a. Direct Payments to Tenants. No.
2. Rental Property Owner Oriented:
a. Direct Payments. No.
b. Reduced rate loan programs. No.
c. Other subsidy(free land, etc.) No.
3. Owner-Occupied Oriented:
a. Direct Payments. No.
b. Reduced rate loan programs(1's homebuyer, rehab, loans, etc.) No.
c. Other subsidy(free land, etc.) No.
Official Proceedings of the Wednesday, April 19, 1995
Community Development Commission Page- 3
4. City Monitoring/Facilitating:
a. Monitoring fees, ordinances,vacant land supply, etc. Yes.
b. Monitoring neighborhoods to identify problem areas, etc. Yes.
c. Identifying key sites for housing projects by private sector, etc. Yes.
d. Reporting census and other data to identify trends in affordability. Yes.
e. Supporting private and non-profit efforts(Christmas in May, etc.) Yes.
f. Targeting capital improvements to target neighborhoods. Yes.
g. Holding neighborhood meetings to identify problems, educate, etc. Yes.
h. Use Subdivision/Zoning powers to require set asides, etc. Yes.
5. City Enforcement:
a. Active exterior code enforcement. Yes.
b. MF interior inspection programs. Yes.
c. Rent Control. No.
6. City Ownership/Development:
a. Purchase homes and rehabilitate and/or move. Yes.
b. Build new housing projects or public/private partnership. Yes.
c. Buying/clearing property/consolidating lots. Yes.
Chrmn. VanHorn suggested that the City also look at the historic preservation of some of
the older homes. Comm. Miller responded that this should be the responsibility of the
Historical Society, not the City. They have more expertise in this area and could make
recommendations to the City Council.
Comm. Morke responded that there is a"hole" in Possible Housing Action No. 6 because
it does not include structures like the old depot. Comm. Miller responded that the focus
of the recommendation is on housing.
Discussion on the proposed improvements to the riverfront and the proposed impact upon
development took place.
Motion: Comm. Miller/Reinke offered a motion to recommend the list discussed above
to the City Council.
Vote: The motion carried unanimously.
V. COMMUNITY DEVELOPMENT COMMISSION WORK PLAN.
The Community Development Coordinator explained that this has already been discussed
at length by the CDC, but that it had never been brought back to them in its final form.
He asked that they review the document for clarity, etc.
Official Proceedings of the Wednesday,April 19, 1995
Community Development Commission Page- 4
Chrmn. VanHorn asked staff questions regarding the budget, such as who has the
authority to spend the funds, etc.. The Community Development Director stated that he
would research the questions and get back to the CDC with the information.
Comm. Morke asked a question regarding Page 2, No. 7 of the information provided with
the staff memo which referred to the investigation of the purchase of MNDOT remnant
parcels. Staff explained why this is of importance to the City.
VI. SUBCOMMITTEE REPORTS (VERBAL).
a. Transportation Coalition: Comm. Albinson was not in attendance at the meeting, so
there was no update provided regarding this issue.
b. Scott County Economic Development Coalition: The Senior Planner stated that the
coalition has been discussing undergoing a survey of the community's needs and/or a
labor survey. A labor survey is helpful in determining the number of skilled workers
within the community. For example, the City of Jordan is having difficulty finding
skilled workers for some of their industry. Comm. Reinke suggested that the City
check with the Human Resources Dept. of Mystic Lake to see if they have already
performed such a survey.
VII. INFORMATIONAL ITEMS.
a. Business Update from City Hall (April).
b. February 1995 Building Activity Report.
c. Transit Monthly Reports (on table). Comm. Reinke asked if the contract between the
City and SW Metro had been approved. The Assistant City Planner responded in the
affirmative. Discussion regarding the Farebox Recovery Ratio took place. Comm.
Morke asked how the 53S Service has been performing. The Assistant City Planner
responded that only preliminary numbers are available at this time, but that she would
bring something back for them at for the next meeting.
VIII. OTHER BUSINESS.
a. Next Regular Meeting: May 17, 1995.
b. Christmas in May: Chrmn. VanHorn stated that Christmas in May will be held on
May 20th this year. Six houses will be updated and they have over 300 volunteers.
c. Enforcement: Comm. Morke stated that he had taken photographs of the north side
of Blocks 3 and 4 and provided them on the table. He stated that he had already shown
these photos to the Mayor and he expressed concern. Discussion regarding the need for a
Code Enforcement Officer and revisions needed regarding the Sign Ordinance took place.
IX. ADJOURNMENT.
The meeting adjourned at approximately 6:54 p.m.
{TERRIE\ENERGY\CDCMINUTE.N94}
EXHIBIT A
Housing Summary
CC 4/18/95
Metro Stats:
•
Metro family of four median income: $51,000
Metro one person household median income: $35,700
Estimated minimum cost of 3 bedroom house: $85,000
What is "affordable" Housing (Income Values for Family of Four)?
Various Definitions Used By a Variety of Housing Programs:
* Federal low-income tax credit program: 50-60% of median income ($25,500-30,600 income)
* MN TIF districts for rental housing: 80% of median income ($40,800 income)
* Fed. Program for Single-Family mortgage revenue bonds: 115% of median family income
($58,650 income)
* Local housing and redevelopment authorities: 130%+ for rental housing limits ($66,300 income)
* Rents are considered affordable if a person or family pays no more than 30% of their gross
income for rents including utilities (senior housing level is generally higher due to a lower
income/higher asset ratio).
In general, housing available for people at or below 60% of median income (Single : $21,420)
(Family of Four: $30,600) is considered "low income':
Housing available for people between 80% to 120% of median income (Single: $28,560-$42,840)
(Family of Four: $40,800-$61,000) is considered "moderate income".
(Source: Ehlers and Associates, Inc., Minneapolis, April 1995)
The Shakopee Experience
In 1994, permits were issued for 140 sewered single-family homes. The total valuation was $12,809,125
for an average value of $91,494.
Using the standard 28/36 rule for mortgage lending, a 30 year conventional loan at 9% interest, with 5%
down, the average new sewered single family house constructed in Shakopee in 1994 would be affordable
to a family of four earning approximately $29,973 household income with a monthly payment of
approximately $699.37. This income level requirement falls into the "low income" category for a family
of four and the "moderate income" category for a one person household.
(Source: City of Shakopee)
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CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT - APRIL 1995
April 1995 April 1994
No. No. Valuation No. No. Valuation
Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D.
Single Family-Sewered 6 19 1, 802 , 545 15 47 4, 273 , 071
Single Family-Septic 2 4 792 ,858 2 6 1, 302 , 887
Multiple Dwellings 2 4 1, 668, 409 2 3 882 , 404
(# Units) (YTD Units) (8) (24) - (8) (12) -
Dwelling Additions 22 31 134, 217 23 26 92 ,526
Other 1 1 200 5 6 412 , 828
New Comm. Bldgs 2 3 4 ,790, 000 2 5 777 , 000
Comm. Bldg. Addns. - 1 35, 000 - 2 250, 000
New Industrial-Severed - - - - - -
Ind. Sewered Addns. - - - - - -
New Industrial-Septic - - - - - -
Ind. Septic Addns. - - - - - -
Accessory/Garages 3 5 53 , 952 7 9 86,736
Signs & Fences 14 24 55, 259 12 23 26, 314
Fireplaces/Wood Stoves - 3 4 , 200 1 6 12 , 863
Grading/Foundation - 2 348, 000 2 5 36, 700
Moving - 1 - - 1 -
Razing 1 10 25, 985 1 2 7, 000
Remodeling (Res. ) 6 25 162, 685 4 14 69, 481
Remodeling (Comm/Ind. ) 4 14 544, 568 2 12 472 , 000
TOTAL 63 147 10, 417 , 878 78 167 8,701, 810
No. YTD. No. YTD.
Electrical 47 157 30 145
Plumbing & Heating 39 117 68 200
Total dwelling units in City after completion of all construction permitted
to date 5, 241
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN APRIL, 1995
11082 Kraus Anderson 1415 St. Francis Avenue Clinic 2,200,000
11083 Kraus Anderson 1455 St. Francis Avenue Hospital 2,500,000
11084 John Baeyen 220 East 4th Avenue Fence 400
11085 Kevin Sura 1296 Blue Heron Trail Remodel 12,800
11086 Tracy Kubista 547 Hillwood Drive Storage Bldg. 7,744
11087 Rob Schnichels 1420 West 3rd Avenue Sign 3,700
11088 G. F. Juergens 2184-2188-2192-2196 Vierling Dr.E. Townhomes 300,000
L 1-4 B 11, Dalles Townhome
11089 Cy's Amoco 312 West 1st Avenue Tank 200
11090 Richard Schroers 504 Mint Circle Fence 800
11091 Kenneth Hennen 1023 Scott Street Deck 1,568
11092 Jay Rubash 1167 Heritage Drive East Deck/Shed 2,363
11093 G. F. Juergens 2224-2228-2232-2236 Vierling Dr.E. Townhomes 318,200
L 1-4 B 12, Dalles Townhome
11094 G. F. Juergens 1145 Merrifield Court Deck 3,000
11095 Richard Coyer 632 Adams Street Deck 1,568
11096 Keith Clemens 4751 Eagle Creek Blvd. Fence 500
11097 Richard Sohns 2045 Murphy Avenue Fence 1,349
11098 JMN Builders 314 So. Scott Street Remodel 9,850
11099 Monnens Custom Bldrs. 467 So. Market Street House 112,638
L 2 B 1, Jeff's 1st
11100 David Schmitt Const. 538 East 3rd Avenue Addition 30,000
11101 Stan Pint 1282 Miller Street House 90,000
L 15 B 2, Parkview 1st
11102 TwinTown Ext. 1301 Pondview Court Porch/Deck 22,000
11103 Robert Moreland 6268 E. Hwy 101 Sign 1,200
11104 Robert Larson 1001 Bluff Avenue Repair 6,000
11105 Imker Construction 220 West 7th Avenue Repair 4,000
11106 Northfield Construction 428 So. Holmes Remodel 32,000
11107 Dakota Fence 1210 Clover Court Fence 6,000
11108 Payless Shoe Source Shakopee Town Square Alteration 60,000
11109 Peter Wold 1005 So. Jackson Fence 780
11110 Paul TenEyck 1133 Quincy Street Deck 2,240
11111 Joseph Coombs 1508 Roundhouse Circle Deck 1,400
11112 Dean Frick 1382 Thistle Lane Deck 2,240
11113 Robert Christensen 1491 Roundhouse Circle Deck 2,100
11114 Virgil Stier 537 Spencer Street Remodel 5,000
11115 Kyle Tutsch 1601 Roundhouse Circle Deck 1,680
11116 Craig Huckabone 1176 Polk Street Addition 8,949
11117 Stan Pint 1197 Madison Street Deck 1,200
11118 Stephen Hedstrom 1356 Primrose Lane Fence 1,300
11119 Timothy Smith 487 So. Market Street House 83,635
L 3 B 1, Jeff's 1st
11120 Randall Imler 803 Larkspur Court Deck 1,008
11121 James Thielen 842 Minnesota Street Window 300
11122 Scott MacAllister 132 So. Holmes Repair 500
11123 Sign Art Shakopee Town Square Sign 1,200
11124 Sign Art Shakopee Town Square Sign 800
11125 Mary Kieser 430 East 5th Avenue Addition 6,822
11126 Conklin 551 Valley Park Drive Remodel 8,000
11127 Michael Tutewohl 1316 Maxine Circle House 171,426
L 11 B 1, Weinandt Acres 1st
11128 Steve Poppler 947 So. Spencer Street Garage 9,856
11129 Novak Fleck 324 Alexander Court House 90,990
L 6 B 3, Meadows West 1st
11130 Novak Fleck 304 Alexander Court House 112,675
L 5 B 3, Meadows West 1st
11131 Kevin Angell 1292 Emerald Lane Fence 4,000
11132 Kevin Angell 1292 Emerald Lane Deck 1,512
11133 David Scharpen 1113 Polk Street Deck 1,512
11134 Scott Knight 1219 Vierling Court Fence 750
11135 Lindy Stade 1294 Harrison Street Garage 10,752
11136 Clete Link Const. 1224 Madison Street House 102,138
L 3 B 3, South Park View 1st
11137 Soft Touch Demo 528 E. Shakopee Avenue Garage Demo 950
11138 Daniel Mullen 1224 Tumbleweed Circle Deck 1,764
11139 Michael Dropps 1104 Polk Street Deck 1,800
11140 Chris Geyen 566 Barrington Drive House 150,000
L 2 B 5, Beckrich Park Estates
11141 Todd Myhre 1208 Heritage Drive East Fence 750
11142 Greg Gigliotti 1222 Clover Court Fence 1,123
11143 Neal Hapke 1150 Jefferson Street Fence 450
11144 Edison Signs 1100 Canterbury Road Signs 8,000
Total: $6,527,482
4i3
NEIL D. HEIKKILA
NEIL D.HEIKKILA LAW OFFICES,P.A.
Attorney at Law
903 Mainstreet
NEIL D.HEIKKILA Hopkins,Minnesota 55343 MAIL RESPONSE TO:
Attorney (612)935-2265 P.O.Box 5445
DIANE KETCHER Hopkins,MN 55343
Legal Assistant May 3 , 1995
CATHY NUMMELA 0 P.O.Box 442
Legal Assistant Moose Lake,MN 55767
BY FAX AND MAIL
BRUCE LONEY, P.E.
PUBLIC WORKS DIRECTOR
CITY OF SHAKOPEE
129 HOLMES STREET SOUTH
SHAKOPEE MN 55379-1351
RE: Proposed Easement Acquisition for Sarazin Street
City Project No. 1994-10
Dear Mr. Loney:
I was most surprised and rather disappointed that the City of Shakopee
rejected our proposal of April 13 , 1995, at its April 18 Council
meeting, without making a counterproposal or advising which of the
terms proposed were acceptable and which were not. I had understood
that there would be good faith negotiations. We were not given an
opportunity to discuss the matter directly with the Council, nor have
we received any meaningful response to our proposal, with the exception
of it being rejected and our being advised that condemnation action had
been authorized.
When Mark Erickson called regarding service of papers, I expressed my
concern to him, but he advised that any further discussions would have
to be through you as he was merely involved in bringing the
condemnation action.
On behalf of my clients, I respectfully request that we be advised,
with specificity, as to which items in our proposal of April 13, 1995,
were acceptable, and which were not, and what alternatives the City
might propose. The City Council seemed to say when we last appeared
that they did not relish having to go through condemnation, and
suggested that good faith negotiations were possible. I understand the
time concerns that may necessitate the City commencing the action, but
I do not understand why we have not received further indication as to
the City's position with respect to our proposal. I trust the City, as
well as the developer, would like to get this resolved if possible
without having to go through the expensive, time consuming condemnation
action.
MOOSE LAKE OFFICE: 491 Arrowhead Lane, Moose Lake, Minnesota 55767 — (218) 485-8342
Page Two
May 3, 1995
I continue to believe, as do my clients, that our proposal was fair and
reasonable, but I believe before parties expend needless funds on
litigation, every reasonable effort should be made to see if the matter
can be resolved.
Again, I respectfully request that you contact us if in fact the City
has any interest in resolving this through good faith negotiations.
in rely you - ,
//2: ::
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cc: Larry Norring
Harry Weinandt
Mike Menke
City of Shakopee City Council
Li
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: May 3 , 1995
RE: Closed Meetings before City Council
It looks like a good time for a reminder of the law relating
to closed meetings . We need to be careful about holding
"executive sessions" or closed meetings, in order to avoid
violating the state law. Violation of the law can subject public
officials to fines and forfeiture of office .
In order to eliminate many of the questions regarding when
meetings may or must be closed, I have prepared the following
lists . One of these items must be identified on the agenda
whenever a meeting is going to be closed, and the reason for
closing the meeting stated at the time it is closed.
MEETINGS MAY BE CLOSED:
1 . To consider strategy for labor negotiations, including
negotiation strategies or developments or discussion
and review of labor negotiation proposals .
2 . To evaluate the performance of an individual who is
subject to the Council' s authority. (However, the
meeting must be open if requested by the individual who
is the subject of the meeting. )
3 . If the closure is permitted by the attorney-client
privilege .
4 . If the closure is expressly authorized by statute .
MEETINGS SHALL BE CLOSED:
1 . If the following types of data are discussed:
a. data that would identify alleged victims or
reporters of criminal sexual conduct, domestic
abuse, or maltreatment of minors or vulnerable
adults;
b. active investigative data or internal affairs data
relating to allegations of law enforcement
personnel misconduct collected or created by the
City; or
c . educational data, health data, medical data,
welfare data, or mental health data that are not
public data under the data privacy act .
2 . For preliminary consideration of allegations or charges
against an individual subject to the Council' s
authority. (However, the meeting must be open if
requested by the individual who is the subject of the
meeting. )
3 . If expressly required by other law.
Perhaps the most difficult time to apply the open meeting
law is when real property negotiations are underway. Meetings
may not be closed to discuss real estate acquisition or
disposition. Basically there are two ways to negotiate prices .
One, staff handles the negotiations . In a public meeting the
City Council would discuss the need for the property, and direct
staff to negotiate for the purchase . A vague cap can be put on
the negotiations, such as "up to the cost of going to
condemnation" , if desired. Any staff negotiations would be
confidential, between the staff person and the property owner.
Staff would probably check with individual councilmembers from
time to time for individual approval or suggestions as to how to
proceed. Once a purchase price was agreed upon between the staff
person and the property owner, staff would recommend to the City
Council, in an open meeting, that it be accepted. The City
Council would then either accept or reject the price.
Two, if the property is involved in litigation or legal
matters in any way (e .g. , there has been a declaration of intent
to condemn) , the meetings may be closed under the attorney-client
privilege . This would allow the City Council to review the
offers in more in-depth, if that is desired.
If you have any questions about this, please let me know.
Signed l'� f` r'.%� A'
Karen Marty, City, ttorney
KEM:bjm
[3MEMO2]
cc : Dennis Kraft
-2-
it
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in adjourned
session on April 10 , 1995 at 4 : 30 P .M. in the Utilities meeting
room.
Members present : Commissioners O'Toole, Vierling and Unseth .
Also present : Manager Van Rout .
The status of the substation site and related items was
discussed: wetlands, screening, the possibility of some noise
abatement . The consensus was that the substation design would
comply with existing rules or guidelines applicable at the specific
site.
The Commission discussed, in the context of setting management
goals, a general overview of the Commission ' s objectives .
Specific management goals were reviewed . Manager Van Hout
will incorporate the Commission' s directions into a revised draft .
The next regular meeting will he held, as previously set , on
May 1, 1995 at 4: 30 P .M. in the Utilities meeting room.
Motion by Vierling, seconded by Unseth, that the meeting
be adjourned. Motion carried .
2 X-Z-- / -
Lo.a.' s Van Rout , Utilities Manager
ATTEST: .
•
1 -)
. IAA,6 (orrk1,..
Barbara Menden, C mmission Secretary
MTNTTTES
OF THE
SHAKOPEE PUBLIC UTILITTRS COMMISSION
The Shakopee Public Utilities Commission convened in regular
session on April 3 , 1995 at 4 : 30 P .M. in the Utilities meeting
room.
MEMBERS PRESENT: Commissioners O' Toole and Vierling . Also
Liaison Sweeney, Administrative Assistant Joe Adams , Manager
Van Hout and Secretary Menden . Commissioner Unseth was not
present .
Motion by Vierling, seconded by O 'Toole to approve the minutes
of the March 6 , 1995 regular meeting as kept . Motion carried .
BILLS READ:
City of Shakopee 42 ,000 . 00
ABM 1 , 164 . 46
APPA
35 . 00
Joe ,Adams 105 . 60
Joe Adams 1.28 . 00
American Water Works Assnriation 45 . 00
Aramark Refreshments 126 . 00
Marvin Athmann 76 . 83
Marvin Athmann 26 . 16
Ballantine, Inc . 2 , 486 . 21
R.W. Beck 4, 507 . 38
Border States Industries 8 ,130 . 58
Business Essentials 931 . 96
City of Shakopee 1 ,032 . 20
Cooperative Power 35 ,256 . 87
Coordinated Business Systems LTD 296 . 50
Cy' s Amoco 18 . 05
DCA, Inc . 150 . 00
Davies Water Equipment 1 , 172 . 85
Dick' s Auto Repair 7 . 00
DUECO 1 ,443 . 33
Feed Rite Controls, Inc . 60 . 00
Gopher State One Call, Inc . 133 . 14
Graybar, Inc . 2 , 560 . 80
Hance Cable Testing and Locating, Inc . 211 . 00
Hennens ICO 25 . 51
JACO Analytical laboratory 10 . 00
Jaspers Streefland and Co. ,1.00 . 00
Keys Well Drilling 17 , 202 . 00
Kochs Telephone Communications Services 60 . 00
Leef Bros . , Inc . 25 . 79
Ray LeMieux 31 . 80
Midwest Engine Service and Supply 42 . 55
Minnesota Valley Electric Cooperative 19 , 355 . 75
Minnesota Department of Health 4 , 925 . 00
Minnesota Safety Council 180 . 00
Minnesota Valley Testing Labor.ator.ies 147 . 00
Motor Parts Service Co . , Inc . 118 . 11
NAPA Auto Parts 32 . 72
Northern States Power Co . 664 . 64
Northern States Power Co. 403 , 762 . 46
OPM Information Systems 1 , 305 . 92
Parkside Printing 1 ,999 . 35
Personnel Solutions 25 . 85
Power Manager 1.00 . 00
E.N. Renner and Sons 69 . 42
RESCO 154 . 36
Ribbon Recyclers , Inc . 183 . 98
Ries Electric 34 . 00
S & T Office Products , Inc . 1 , 961 . 26
Schiiz Ornamental Iron 10 . 00
Schoell and Madson, Inc . 8, 675 . 03
Scott County Deputy Registrar 1 , 042 . 42
Shakopee Ford, Inc . 6 . 85
Shakopee Public Utilities 2 ,895 . 00
South Suburban Appraisal 175 . 00
Star Tribune 140 . 80
Starks Cleaning Services 72 . 42
State Compliance and Safety 25 . 85
T & R Service 600 . 00
Transport White GMC, Inc . 16 . 15
Lou Van Haut 70 . 15
Waste Management-Savage 78 . 13
WESCO 2 ,804 . 15
Wild Iris 59 . 75
Woodhill Business Products 1 ,063 . 39
Yarusso' s Hardware Co . 59 . 95
Minnesota Valley Electric Coop 1 ,037 . 10
Motion by Vierling, seconded by O'Toole that the bills be
allowed and ordered paid. Motion. carried.
A communication from Art Young regarding water samples
analysis for testing of volatile organics and pesticides was given
to the Commission. The test results were in compliance with state
and federal safe drinking water.. rules .
A communication from Progressive Consulting Engineers , Inc .
expressing interest in assisting us in the preparation of an
emergency management and conservation plan due by Jan 1 , 1.996
was given to the Commission .
The Shakopee Public Utilities will he participating in the
Christmas in May program again this year .
Superintendent Athmann reported on involvement in the Chamber
of Commerce banner committee . They are looking into getting new
banners for display and the Shakopee Utilities will be hanging them
for the Chamber.
A communication from a Shakopee Utilities customer regarding
potential damage to trees from our truck was received. We will
continue to look into the complaint .
Bids for a new 55 ft . overcenter material handling aerial
device were taken. All bids received did not meet SPUC
specifications . The lowest bidder Aspen Reach Equipment bid.
exception is acceptable to SPUC staff .
Motion by Vierling, seconded by O' Toole to award the bid.
to Aspen Reach Equipment for the new 55 ft overcenter aerial
device for $105 ,934 , 00 . Motion carried .
Bruce Loney, Public Works Director arrived.
Ken Adolf , Schoell_ and Madson was present to get authorization
to go out for bids for the pumphouse and booster station for the
St . Francis Hospital site . The timetable for the bids and. opening
was given by Mr. Adolf .
Motion by Vierling, seconded by O' Toole to authorize Schoel.l.
and Madson to advertise for bids for the pumphouse and booster
station . Motion carried.
Manager. Van Hout reported that wells 4 and 5 are being pumped
to waste and not into the system. Testing is being done to
determine if the nitrate levels are dropping. The test results are
still pending.
Manager Van Hout gave the Commissioners the data from the
DNR regarding the Savage Water Supply Issue. The Commissioners
will take the report under advisement until they can read thru it
thoroughly.
The connection charge questions were updated by Manager Van
Hout . The square foot question of Commercial vs . Industrial
stands by the Resolution . The studies done to support this will
be given to Jon Albinson by Manager Van Hout .
The removal of the temporary line to North Star Auto
Auction is being worked on . Material is being ordered for
the construction of the permanent line.
Jim Streefland was present to present the 1994 audit . An
accounting change was made to the audit this year to more coincide
with the structure of the City audit .
Manager Van Hutt commented that there were a few items that
he would like to review with Mr. Streefland .
Motion by Vierling, seconded by O'Toole to accept the 1994
audit upon satisfaction of the Manager' s questions . Motion
carried.
A recent meeting of the Jackson Township hoard was attended
by Joe Adams, Lou Van Hout and Kevin Favaro. The report on that
meeting was given to the Commission. The result of that meeting
was that the Jackson Township will set a date for a public hearing
upon receipt from the Shakopee Utilities of a signed. purchase
agreement . Advertisement in the paper for the public hearing
will be done by the Jackson township clerk once the date is
arrived at .
Kevin Favaro was present to give an update on the
environmental issues connected to the substation .
President O'Toole adjourned to executive session for the
purpose of discussion on land acquisition .
President O'Toole adjourned from executive session . No
action was taken.
The Commission was presented with a counter offer on
the purchase of land in Jackson Township. Further discussion
on this matter will take place at the next meeting.
A memo from Manager Van Hout dated March 31 , 1995 to
reaffirm the agreement between the City of Shakopee and the
Shakopee Utilities on. the downtown electric undergrounding
was given to the Commission. The cost update reflected in
the figures are based on the bid results .
An April 7 , 1995 date has been set for a conciliation
court hearing on a suit by Cletus Link vs the Shakopee Utilities .
The goals and staff workplans were given to the Commission
by Manager Van Hout . There was a coordination of this plan to
the Capitol Improvement Plan.
The well site on County Road 18 was discussed . The developers
of the property would now like us to purchase the site before the
final platting of the property by meets and bounds description .
The appraisal on the property is complete.
President O'Toole adjourned to executive session for the
purpose of discussion on land acrj,_,isiti.on for the well site .
President O' Toole adjourned from eyerutive Session with
no action taken .
The Commission was updated on the development of Van Zee
A development primarily in the City of Savage with 58 acres
of the property in the City of Shakopee . They would like to
supply the development with municipal water service .
There is a wholesale agreement between the City of Savage
and the City of Burnsville to allow water service to get to the
property being developed by Van Zee . The Shakopee Utilities
is looking into the same proposal . The developer will be required
to install the same pipes according to specifications and. pay the
same fees as any developer in the City of Shakopee.
Manager Van Hout inquired as to whether there would he
an interest in a tour by the Commissioners of the SPUC facilities .
The dates for the summer Minnesota Muni.ci_pal. Utilities
meeting were given to the Commission
There was a report on. a contractor/developer meeting held
at City Hall . The meeting was well attended.
A reminder was given to the Commission of the April 17
Shakopee showcase date.
There were no lost time accidents for March , 1995 .
Motion by Vierling, seconded by O'Toole to adjourn to
April 10, 1995 at 4 : 30 P.M.
The next regular meeting will be held on May 1 , 1995 at
4 : 30 P .M. in the Utilities meeting room.
Motion by Vierling, seconded by O'Toole that the meeting
be adjourned. Motion carried .
Barbara Menden, Commission Secretary
i*(j
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Vacation Time
DATE: May 12, 1995
I will be out of the office May 25th - May 29, 1995 . In my
absence Barry Stock will be the Acting City Administrator. I
will be returning Tuesday, May 30, 1995 .
City of Shakopee
1994 Planning Department
Annual Report
Respectfully Submitted
VJ / *""3'
V. Paul Bilotta
Acting Planning Director
1994 saw the arrival of two new faces, Shelly Baeyen, Planning Secretary and Paul
Bilotta, Senior Planner to the Planning Department as well as a number of significant
accomplishments in the following areas:
Current Planning:
In spite of steadily rising interest rates and a shortage of single family lots, the single
family residential permit activity (164 homes) continued to be strong finishing only 10
units below 1993's record performance. The Planning Commission's and Board of
Adjustment and Appeals' workloads increased significantly. In June, the City Council
adopted the new Zoning Ordinance and in the Fall, remapping of the whole City began.
Long Range Planning:
In April/May staff began preparation of a complete rewrite of the Comprehensive Plan in
order to satisfy the Chaska Interceptor submittal deadline of January 1, 1996. In
December, the public hearing on the draft 1995 Comprehensive Plan was opened. In
summer, the City's Capital Improvement Plan process was revamped to improve
precision, increase coordination with Shakopee Public Utilities and provide a long term
financial outlook of the impacts of capital improvements. In Fall, Long Range Planning
and Engineering staff developed a new truck sanitary sewer policy and revamped all
sanitary sewer funding sources based on an Activity-Based Cost Accounting model
(ABC), also known as the"cost driver" approach. Throughout the year, the
Comprehensive Stormwater and Sanitary Sewer Plans were readied for Planning
Commission and City Council action in partnership with the Engineering Department and
consultants.
Information Systems:
1994 was also an important year for the MIS section as the City began to take a giant step
forward in software technology, moving towards a City-wide conversion to a Windows
environment. This should ensure that City staff will have access to the most current
software tools available to perform more effectively and efficiently. Efforts to develop
training programs to upgrade user computer skills were begun in anticipation of the City
Hall upgrade.
Plans were begun for upgrading the AutoCad drafting workstations which should take
place in the first quarter of 1995. The first step in this process was the replacement of an
inefficient plotter with new equipment that reduced plot times to under 5 minutes from the
previous 40-60 minute time period, greatly increasing drafting equipment productivity.
PLANNING DEPARTMENT REPORT
Year End Report 1994
Planning Division: Responsible for providing information regarding land use regulations for
the public, reviewing land development applications for compliance with
City Codes and preparing reports and recommendations for the Planning
Commission and City Council.
Employees: Position: Name:
Planning Director Lindberg S. Ekola
Senior Planner V. Paul Bilotta
Assistant City Planner Terrie A. Thurmer
Clerk Typist II/ Aggie Unze/
Planning Secretary Shelly Baeyen
Activities: 1990 1991 1992 1993 1994
Approved Denied Total
Variances 9 9 10 10 5 8 13
& Appeals
CUP's 8 13 9 13 16 2 19*
Plats 8 12 16 12 18 0 18
Rezoning 1 4 8 2 4 0 4
Code & CUP 3 7 8 4 2 0 2
Amend.
PUD's 1 0 9 4 4 0 6
Other 8 12 19 12 32 0 32
* - 1 CUP withdrawn
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Monthly Progress Report
Planning Department
April 30, 1995
PROJECT START TARGET STATUS COMMENTS
Administration
1. Project Management Database 07/15/94 01/15/95 80% Project Killed
2. CIP 02/17/95 07/01/95 90% In Progress
Long Range Planning
1. Downtown Riverfront Plan 05/01/95 03/01/95 100% Final Draft Prepared
2. Comp. Sanitary Sewer Plan 08/20/92 05/01/95 100% Submitted to Met Council
3. Comp. Stormwater Plan 07/21/93 06/01/95 90% BSWR
4. Comp. Plan 05/01/95 05/01/95 100% Submitted to Met Council
5. Comp. Plan Met Council Approved 05/01/95 09/01/95 5% Submitted
Current Planning
1. Building Permits 04/01/95 04/30/95 Ongoing 56 Residential Permits
7 Commercial Permits
2. Planning Actions 04/01/95 04/30/95 Ongoing 1 CUP Review
1 Final Plat
1 PUD/PUD Amendments
1 Rezoning
1 Comp. Plan Review
3. Enforcement 04/01/95 04/30/95 Ongoing 5 Zoning Code Violations
4 Resolved Violations
4. Zoning Ordinance Text Amendments 08/01/94 09/01/95 10% Technical Problems Identified
5. Zoning Mapping(Phase IV) 09/15/94 07/01/95 5% On Hold,Pending Staffing
Management Information Systems (MIS)
1. GIS Stage One 10/01/93 06/01/95 10% County Digitizing
2. Evaluate Scheduling Software 05/01/94 04/01/95 100% Complete
3. Network Security 05/01/94 04/01/95 5% Waiting on Input
4. Quarterly Staff Work Program 05/20/94 01/01/94 100% Complete
5. MIS Database Development 07/07/94 02/28/95 25% Beginning
6. Project Mgmt. Database 08/01/94 02/28/95 50% Building Forms
7. Windows Training 08/15/94 03/01/95 Ongoing In Progress
8. Install Windows(City wide) 08/01/94 03/01/95 95% In Progress
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28 April 199544'..!110.
0
4495
City Council of the City of Shakopee
129 South Holmes Street " < °
Shakopee, MN 55379
Reference: Proposed Trunk Sewer to Service St. Francis Regional Medical Center
Feasibility Report for above dated 29 September 1994
Dear Sirs:
I have reviewed the Feasibility Report for the sanitary sewer for the new St. Francis
Medical Center and would like to offer several comments on the proposed assessment of
costs to the benefiting property owners.
If we evaluate who is the main beneficiary of the sewer it is clearly the Hospital; the only
reason to construct the sewer at this time is due to the choice that the Hospital made to
build beyond the MUSA Line. Since a connection to the Chaska Interceptor cannot be
made at this time this connection must be made near Verling Drive which is about twice
as far as a Chaska connection. This is all due to timing and the timing is benefiting only
the Hospital campus. The current assessment proposal is that the Hospital share the cost
on a per acre basis the same as everyone else despite the fact that they will directly and
immediately benefit from the sewer. It would only seem fair to me that the
Hospital/Clinic be totally responsible for any cost of sewer beyond the normal (preferred
according to the report) connection with the Chaska Interceptor at the new 101 Bypass. It
is my understanding that the connection will be made to the Chaska line when it is
completed. It does not seem fair that the other property owners should bear the extra cost
for the timing convenience of the Hospital.
Another factor of the timing is any interest on bonds or funds needed to construct the
sewer; again, the timing is to the benefit of the Hospital. If we were to let the normal
growth take place, a sewer would be constructed in about 5 years (year 2000 was quoted
by the City just a few years ago to home buyers in the area). It would therefore only
seem fair that the Hospital complex bear the interest costs for the project until others can
receive benefit.
I realize that there will be a hearing on the assessments after the project is completed and
I plan to attend; I have been advised to offer these points in advance to be on the record
and to give the Council time to consider the merits of the above proposals.
Sincerely,
14,4 or:/6/
Donald E. Hall
1732 Marschall Road
Shakopee, MN
DEH
SI-JAKOPEE
May 11, 1995
Mr. Donald Hall
1732 Marschall Road
Shakopee, MN. 55379
Re: St. Francis Trunk Sewer
Dear Mr. Hall:
I am in receipt of your letter dated April 28, 1995 regarding the above mentioned project. I
would like to take this opportunity to address the concerns raised in your letter.
Last February the City Council adopted a Trunk Sanitary Sewer Charge Policy that will be used
to construct sanitary sewers in the area generally south of the Trunk Highway 101 bypass,
including the St. Francis sewer. This policy states that a per acre charge will be collected at the
time of development of property, or when connection to the sewer is made, whichever occurs
first.
Subsequent to the adoption of this policy, the proposed assessments for the sanitary sewer were
canceled by the City Council. This means that you will not be assessed for the sewer, however,
you will be required to pay a fee if you connect to the sewer, or develop your property. The per
acre charge does not accrue interest, but is subject to periodic adjustment to reflect inflation and
changing construction costs. I would like to point out that the canceling of the assessments
eliminates the need for a public hearing on those assessments, so a hearing will not be held.
Your letter also made reference to the sewer having to be extended north across the bypass to
provide temporary service to the hospital until the Chaska Interceptor was available. This issue
was reviewed by City staff and the City Council. The hospital will be installing a temporary
holding tank which will provide sewer service to the hospital until permanent service is available.
This tank will be constructed and maintained by the hospital, at the sole expense of the hospital.
No public funds are being expended to provide this temporary service.
The current timeframe for the Chaska Interceptor is final completion on or before June 30, 1996.
The contractor for this project has requested permission to work double shifts in the hope that the
project would be completed ahead of schedule. The City is in the process of finalizing the plans
for the City portion of the sewer that will drain into the Chaska Interceptor, and we are planning
to construct that sewer later this summer. It should be available for service as soon as the Chaska
Interceptor is completed.
CO'sLMUNITY PRIDE SINCE 1857
12- Haines Street South Shakopee,A1ir,nesota 5537y-13 1 612--1-}=-=630 FAX 612-445-671N
c:\rnsoll ice\winword\docs\hall.doc
I hope this letter has adequately addressed your concerns. I will be forwarding a copy of both
your letter and my response to the City Council for their information. If you would like to discuss
this matter I would be happy to meet with you. Please contact me at 445-3650 to set up a time to
meet.
Sincerely,
David M. Nummer
Staff Engineer
c:\msolli ce`winword\docs\hal I.doc
Mn DOT Metro W .E . - • TEL : 612-532-1368 May U5 'J5 1b : 14 rvo . 'J1r r . Ui
(4,(pMinnesota Department of Transportation
0,„01 News Release •
Metro Division I''ipr,l: 612/582 1000
1500 County Rd. B?West
nosevillt:, MN 55113
May 5, 1995 Contact: Tom Ravn
Project Engineer
FOR IMMEDIATE RELEASE (612) 341-7427
Donna Lindberg
Metro Division Public Affairs
(612) 582-1366
TDD/TTY (612) 296-9930
TOLL FREE 1-800-657-3688
COUNTY ROAD 18 ACCESS TO HIGHWAY 101 IN
SHAKOPEE TO CHANGE NEXT WEEK
(Roseville, Minn.) Beginning Monday, May 8, the access to the Bloomington
Ferry Bridge (County Road 18) from Highway 101 in Shakopee will change. This
interchange and the traffic signals will move west about 1/2 mile.
Commuters should be aware of this change when the Bloomington Ferry Bridge -
re-opens sometime within the next two weeks. This bridge has been closed since mid
April because of high water.
This change is temporary and is needed to allow work to begin on the accesses
from the new County Road 18 bridge over the Minnesota River to Highway 101. A new,
final interchange at County Road 18 and Highway 101 will be completed in the fall.
Mn 'DOT Metro W . E . TEL : 612-582-1568 May 05 95 16 : 15 No . 017 P .02
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BUILDING DEPARTMENT
1994 YEAR END REPORT
Employees Building Official - Fulton Schleisman
Building Inspector - Jim Grampre
Secretary - Jeanette Shaner
Electrical Insp. (Part Time-Contract) - Terry Krominga
Building Inspector - (Seasonal) - Julie Hagen
TOTAL REVENUE
Year Revenue Expenditure Net
1990 $237 , 985. 55 $167, 137 .87 $ 70, 847 . 68
1991 205, 979 . 85 155, 228 . 22 50, 751. 63
1992 308, 439. 17 133,808 . 00 174, 631. 17
1993 512 , 273 .76 152, 370. 00 359, 903 .76
1994 415, 688 . 75 175, 344 . 00 240, 344 .75
(1994 budget) (340, 500. 00) (187, 120. 00)
REVENUE BREAKDOWN BY DIVISION
Building Permits
Year Number Revenue
1990 381 $180,796 . 32
1991 426 173, 200. 81
1992 472 245, 744 . 20
1993 575 392 , 227 . 00
1994 632 312 , 400. 00
Plumbing and Heating Permits
Year Number Revenue
1990 381 $45, 071. 99
1991 458 22, 166 . 88
1992 602 32 , 359 . 19
1993 712 71, 646. 00
1994 709 62 , 748 . 00
Electrical Permits
Year Number Revenue Less Pd. To Inspector Net to City
1990 305 $23 , 379. 20 $18, 703 . 36 $4 , 675. 84
1991 349 17 , 186. 55 13 , 749 . 24 3 , 437 . 31
1992 491 21, 826. 50 17, 461. 20 4 , 365. 30
1993 584 31, 723 . 00 25, 378 . 40 6, 344 . 60
1994 551 24 , 374 . 00 19, 499 . 20 4 , 874 . 80
1994 REVENUE BY DIVISION - TOTALS
Building Permits $312 , 400. 00
Plumbing & Heating Permits 62, 748 . 00
Electrical Permits 24 , 374 . 00
10% C.O. Charge Retainment 12, 706. 14
SAC Retainment 2, 710. 75
State Surcharge Retainment 749 . 86
1994 Total Revenue $415, 688. 75
BUILDING PERMIT VALUATION
Year Total Building Permits Valuation
1990 381 $30, 500,706
1991 426 18, 513 , 241
1992 472 29, 328 , 483
1993 575 64, 689, 664
1994 632 37,717, 177
Residential/Dwellings
Year (Single Family) (Multiple Dwelling Units) Valuation
1990 100 0 $ 7, 488, 490
1991 115 18 10, 654, 500
1992 151 28 15, 166, 545
1993 174 40 19, 209, 904
1994 164 32 19, 991, 495
Year Commercial/Industrial Valuation
1990 53 $21, 973 , 575
1991 57 5, 800, 147
1992 51 11, 423 , 921
1993 71 43 , 135, 568
1994 60 12 , 819, 721
1994 BUILDING DEPARTMENT ACTIVITIES
1. Perform all permit plan reviews.
2 . Perform all building, plumbing, heating inspections.
3 . Maintain and update code book library.
4 . Create and maintain handout materials for customers
5. Perform construction management function for Stans home
relocation project.
6. Evaluate permit fees and valuation process, survey other
communities, adjust as necessary for annual fee schedule.
7 . Review city ordinances enforced by Building Department.
Propose changes to Legal Department as necessary.
8 . Perform liquor license inspections per City Code.
9 . Perform staff reviews for CUP's, variances and platting
process.
10. Attend seminars and schools as required by law to maintain
building official certifications.
11. Answer change of occupancy inquiries, conduct inspections and
investigations.
12 . Perform housing inspections when requested by landlords or
tenants.
13 . Investigate work done without permits.
14 . Perform field checks, take pictures, for Planning Department.
15. Review permit applications for completeness, route to
appropriate staff, calculate fees and issue permits.
16. Maintain and update central property data files, alphabetical
and picture property identification cards.
17 . Prepare a variety of monthly, quarterly and year-end reports.
18 . Maintain SAC and WAC records, collections and credits.
19 . Research and answer inquires regarding property data.
20 . Enforce City Code nuisance complaints.
l5
MEMO TO: Dennis R. Kraft, City Administrator
FROM: V. Paul Bilotta, Acting Planning Director V.Pe
DATE: May 11, 1995
RE: Code Enforcement Issues
NON-AGENDA INFORMATION:
Every year, as warm weather approaches, code enforcement becomes an increasingly
visible and vocal issue in the Community. As one of the departments involved in code
enforcement, the Planning Department should be gearing up for increased code
enforcement activity during this time period.
It has recently been brought to the attention of the Acting Planning Director that in the
last couple of months, code enforcement response time within the department has not been
maintained at desirable levels nor has there been adequate tracking/rechecking of some of
the less obvious types of violations (conditions on Conditional Use Permits, for instance).
In order to correct this immediate problem, when a part-time Planning Intern began work
on May 3, she was immediately assigned to clear up the open code enforcement cases.
The attached actions have been taken on these outstanding violation cases.
After this immediate problem is addressed and when new intern(s) are available, the entire
code enforcement process in the Planning Department will be examined to identify the
problem(s) that led to the current situation and their solutions. Since the problem is likely
to be, at least in part, related to other workload and past departmental priorities, this issue
will likely be integrated into the larger program of increasing customer service orientation
for the department. The department's customer service program is currently in the initial
stages of development and more details will be provided to the City Council as the Acting
Planning Director has more opportunity to work with the existing and future Planning staff
to develop the program.
c:\pau l\cur\codeenf.doc
CODE ENFORCEMENT ACTIONS SINCE MAY 3, 1995
PID# Type of Violation Action Taken
27-081002-0 Landscaping requirements Violation letter sent
27-063017-0 Off-street parking requirements Violation letter sent
27-084022-0 Off-street parking requirements Violation letter sent
27-909007-0 Business in AG zoning district Violation letter sent
27-052048-0 Accessory structure setback requirements Violation letter sent
27-074024-0 Business in R-1B zoning district Violation letter sent
27-063018-0 Off-street parking requirements Violation letter sent
27-084019-0 Off-street parking requirements Violation letter sent
27-084006-0 Off-street parking requirements Violation letter sent
" t'/&
MEMO TO: Barry Stock, Assistant City Administrator
FROM: Bruce Loney, Public Works Director 1,;�'
•
SUBJECT: County Road 16, from CSAH 17 to County Road 83
(Turn Lane Consideration)
DATE: May 16, 1995
NON-AGENDA INFORMATIONAL ITEM:
I have been requested by you to review the design of County Road (C.R.) 16 in the need for
possible right or left turn lanes with this roadway improvement. The facts that I have gathered
from this project are as follows:
1. The current average daily traffic (ADT) count for C.R. 16 in this area is shown
on the County's plans to be 4,000 and the projected traffic count for the year 2014
is 7,900 vehicles per day.
2. The County is proposing to construct a 4-lane undivided urban roadway with a
street width of 52.0 feet.
3. Per a telephone conversation with Scott Merkley, turn lanes were discussed with
the previous City Engineer, Dave Hutton and it was agreed upon not to put any
turn lanes on C.R. 16 at this time. The County plans are nearly 100% complete
and being finalized for the contract bid award.
I would like to point out that this is a County road and they have utilized traffic engineers to
review their design and their design sections based on the traffic projections. The 4-lane facility
per State Aid Manual would be acceptable based on the traffic volumes shown on the plan sheets.
On C.R. 17 and C.R. 83, 4-lane undivided urban roadways have been provided by the County
to accommodate traffic flows in that area. The traffic volumes for CSAH 17 and for C.R. 83 are
shown on the attached 1993 traffic count map. It appears that a 4-lane undivided urban roadway
for C.R. 16 would be acceptable based on traffic volumes. Turn lanes, if desired by the City at
a later date, depending on the situation may be viewed by the County as a City cost totally.
Since the plans are at a stage of almost being completed, it is doubtful that the County would
consider a re-design of this roadway at this time. Staff is in the process of reviewing the C.R.
16 plans for City approval and will ask the County to respond on the turn lane issue.
If you have any other questions in regard to C.R. 16 design, please contact me in my office.
BL/pmp
CR16
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PARAGON
C ABL E
M IN NESO T A
May 10, 1995
Mr. Barry Stock
Assistant City Manager
City of Shakopee
129 Holmes Street South
Shakopee,MN. 55379
Dear Barry;
On June 27, 1995,the locations of many of the cable channels we presently carry in Shakopee will change,and
customers will have the opportunity to subscribe to a new optional tier of services. The channel realignment is
necessary to substantially standardize channel line ups throughout our metro service areas, and will facilitate the
launch of the new tier. We feel this change will further improve our service to our customers, as well as enhance
our ability to market and promote our product consistently throughout the marketplace.
As you may know,the F.C.C. has established guidelines by which cable operators can create new, unregulated,
optional tiers of services. The new programming tier--which we will call the Added Value Package--will be priced
at$1.95 per month(plus taxes and monthly converter rental if applicable),and will consist of the following new
services:
SERVICE CHANNEL NUMBER
The History Channel 14
ESPN 2 48
Turner Classic Movies 56
The Cartoon Channel 57
So that customers can review the contents of the new Added Value Package we will be offering a free preview of
the services for 30 days following the launch on June 27.
We are pleased to announce that also on June 27 BRAVO! and BET will become available 24 hours per day on
channels 27 and 55 respectively. Additionally,we will launch three new services during the daytime hours on the
channels otherwise occupied by Pay Per View: C-SPAN 2(Senate coverage)part time on channel 42,Mind
Extension University(MEU)part time on channel 43, and Univision(Spanish language programming)part time on
Channel 45. The premium service Encore,current channel 50,will be discontinued.
We are expanding our Pay Per View offerings from the current single channel to four channels. Channels 42,43
and 45 will feature Pay Per View during the hours of 7 P.M. and 5 A.M. Channel 44,however,will be available
24 hours per day. With these additions customers will have access to a greater variety of Pay Per View product,
with our feature "First Choice"movies priced at just$1.95-$3.95 each(plus taxes),and non rated adult movies on
Rendezvous Theater priced at$4.95 (plus taxes). We also expect greater diversity in special event offerings which
have been limited in the past due to our arrangements with the previous Pay Per View supplier.
801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626
A KBLCOM incorporated company
As part of the channel realignment,the present locations of the Public,Government and Educational(P.E.G.)access
channels will be changed. You will note that as illustrated in the attached system channel line-up comparison,the
current location of the access channels will be reconfigured to a block between channels 32 and 34. We understand
that some of the access entities may prefer to be on certain channels within the main block. Which access service
occupies which channel is up to you and the other access entities to determine. We think you will find that the
commonality of the channel locations of the access services throughout the area will help improve visibility as
customers will search for access programming in the same location regardless of where they live in our systems.
The following illustration may help to clarify the channels available:
PRESENT SERVICE AND CHANNEL NEW CHANNEL LOCATION
PUBLIC ACCESS 3 ACCESS 1 32
EDUCATIONAL ACCESS 10 ACCESS 2 33
GOVERNMENT ACCESS 12 ACCESS 3 34
Please let us know no later than May 19 which access services should be on channels 32 through 34,and we
will be happy to accommodate your selections.
All customers will receive notification of the changes via a mailer which they should receive the last week of May.
The initial mailer will be a letter outlining the substantive service changes,which will be followed by a second
mailer containing a new channel line-up card,as well as information pertaining to the availability of the new
programming tier.
Please feel free to call us with any questions you may have.
Sincerely,
Cs
Kim ' .den
Vi; 'resident of Public Affairs
27
arrHammerstrom
Director of Nortel Operations
CH# SW MPLS SLP BLOOM FRIDLEY SHAK CHASKA
2 KTCA-PBS(b) (b) (b) (b) (b) (b) (b)
3 CNN(b) (b) (t) (t) (t) (t) (t)
4 WCCO-CBS(b) (b) (b) (b) (b) (b) (b)
5 KSTP-ABC(b) (b) (b) (b) (b) (b) (b)
6 MCN METRO CABLE NET.(b) (b) (b) (b) (b) (b) (b)
7 FAMILY CHANNEL(b) (t) (t) (t) (t) (t) (t)
8 NICKELODEON(b) (t) (t) (t) (t) (t) (t)
9 KMSP-UPN(b) (b) (b) (b) (b) (b) (b)
10 WFTC-FOX(b) (b) (b) (b) (b) (b) (b)
11 KARE-NBC(b) (b) (b) (b) (b) (b) (b)
12 MSC(b) (b) (b) (b) (b) (b) (b)
13 KTCI-PBS 17(b) (b) (b) (b) (b) _ (b) (b)
14 HBO TRAPPED(p) HBO TRAPPED(p) HISTORY(vp) HISTORY(vp) HISTORY(vp) HISTORY(vp)', HISTORY(vp)
15 HEADLINE NEWS(t) (t2) (t) (t) (t) (t) (t)
16 ESPN(t) (t2) (t) (t) (t) (t) (t)
17 �USA NETWORK(t) (t2) (t) (t) (t) (t) (t)
18 SCI-FI(t) (t2) (t) (t) (t) (t) (t)
19 :i FIRST CHOICE PREVIEWS(t) (t2) (b) (b) (b) (b) (b)
20 CMT Country Music Television(t) (t2) (t) (t) (t) (t) (t)
21 TNT(t) (t2) (t) (t) (t) (t) (t)
22 DISCOVERY(t) (t2) (t) (t) (t) (t) (t)
23 KLGT 23(WB)(b) (b) (b) (b) (b) (b) (b)
24 CNBC(t) (t2) (t) (t) (t) (t) (t)
25 PSN Prime Sports Network(t) (t2) TRAVEL(t) TRAVEL(t) TRAVEL(t) TRAVEL(t) TRAVEL(t)
26 ;. TNN The Nashville Network(t) (t2) (t) (t) (t) (t) (t)
27 BRAVO!(t) (t2) (t) (t) (t) BRAVO!(t) BRAVO!(t)
28 VH-1(t) (t2) (t) (t) (t) (t) (t)
29 A&E ARTS AND ENT.(t) (t2) (t) (t) (t) (t) (t)
30 AMERICAN MOVIE CLASS.(t) (t2) (t) (t) (t) (t) (t)
31 COMEDY CENTRAL(t) (t2) (t) (t) (t) (t) (t)
32 P.E.G.ACCESS 1 (b) (b) (b) (b) (b) (b) (b)
33 P.E.G.ACCESS 2(b) (b) (b) (b) (b) (b) (b)
34 P.E.G.ACCESS 3(b) (b) (b) (b) (b) (b) (b)
35 P.E.G.ACCESS 4(b) (b) (b) (b) (b)
36 C-SPAN(b) (t) (b) (b) (b) (b) (b)
37 WGN(b) (t) (b) (b) (b) (b) (b)
38 TBS(b) (t) (b) (b) (b) `(b) (b)
39 THE LEARNING CHANNEL(b) (1) (t) (t) (t) (t) (t)
40 KVBM-45 HSN-2(b) (b) (b) (b) (b) (b) (b)
41 KXLI-41 INDEPENDENT(b) (b) (b) (b) (b) (b) (b)
42 PPV 1/C-SPAN 11(b) PPV 1/C-SPAN II(t)PPV 1/PREVUE(t)PPV 1/PREVUE(t)PPV 1/PREVUE(t)PPV I/C-SPAN II,(t)PPV 1/C-SPAN 11(t)
43 PPV 2/NOSTALGIA TV(b) PPV 2/NOS. (t) PPV 2/NOS. (t) PPV 2/NOS. (t) PPV 2/NOS. (t) PPV 2/MEU (t) PPV 2/MEU (t)
44 PPV 3/MIND EX.UNIV.(b) PPV 3/M.E.U.(t) PPV 3 PPV 3 PPV 3 PPV 3 PPV 3
45 PPV 4/UNIVISION(b) PPV 4/UNIV.(t) PPV 4/UNIV.(t) PPV 4/UNIV.(t) PPV 4/UNIV.(t) PPV 4/UNIV.(t) PPV 4/UNIV.(t)
46 SHOWTIME(p) SHOWTIME(p) SHOWTIME(p) SHOWTIME(p) SHOWTIME(p) SHOWTIME(p) SHOWTIME(p)
47 SHOWTIME 2(p) SHOWTIME 2(p) C-SPAN I1(t) C-SPAN II(1) C-SPAN II(t) NOSTALGIA (t) 'r NOSTALGIA (t)
4$ HBO 2(p) HBO 2(p) ESPN 2(vp) ESPN 2(vp) ESPN 2(vp) ESPN 2(vp) ESPN 2(vp)
49 HBO(p) HBO(p) HBO(p) HBO(p) HBO(p) HBO(p) HBO(p)
50 THE DISNEY CHANNEL(p) DISNEY (p) DISNEY (p) DISNEY (p) DISNEY (p) DISNEY (p) DISNEY (p)
51 MOVIE CHANNEL(TMC)(p) TMC(p) TMC(p) TMC(p) TMC(p) TMC(p) TMC(p)
52 CINEMAX(p) CINEMAX(p) CINEMAX(p) CINEMAX(p) CINEMAX(p) CINEMAX(p)< CINEMAX(p)
53 ;LIFETIME(b) (t) (t) (t) (1) (t) (t)
54 i THE WEATHER CHANNEL(b) (t) (t) (t) (t) (t) (t)
55 BET:BLACK ENT.TELE.(b) (t) BET(t) P.E.G.5(b) BET(t) BET(t) BET(t)
56 € PREVUE GUIDE(b) (t) T.C.M(vp) T.C.M(vp) T.C.M(vp) T.C.M(vp) T.C.M(vp)
57 DMX QVC(t) CARTOON(vp) CARTOON(vp) CARTOON(vp) CARTOON(vp) CARTOON(vp)
58 PEG 5(b) PREVUE (t) PREVUE (t) PREVUE (t) PREVUE (t)_ PREVUE (t)
59 E!Entertainment(t) (t) (t) (t) (t) (t)
60 THE BOX(t) ED.ACC.(b)
61 DMX SML ED.ACC.(b)
62 DMX DMX DMX DMX DMX DMX
63 DMX DMX DMX DMX DMX DMX
64 DMX DMX DMX DMX DMX DMX
95/A-S DMX FM MEU/P.E.G.(t) MEU/P.E.G.(t) MEU/P.E.G.(t)
96/A-4 DMX FM P.E.G.(t) P.E.G.(t) TBN(1) TBN(t)
97/A-3 QVC(b) FM QVC(t) QVC(t) QVC(t) QVC(t) QVC(1)
98/A-2 EWTN/NJT/TBN(b) (t) EWTN(t) EWTN(t) EWTN(t) EWTN(t) EWTN(t)
99/A-1` MTV(b) (t) (t) (t) (t) (t) (t)
(b)=BASIC SERVICE
(t)=HOME ENTERTAINMENT TIER
(t2)=TIER MINNEAPOLIS
(vp)=VALUE PACKAGE
(p)=PREMIUM CHANNEL
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney, Public Works Director .
SUBJECT: City Staff Meeting with Developer/Contractors
on Engineering Issues
DATE: May 16, 1995
NON-AGENDA INFORMATIONAL ITEM:
On March 15, 1995, a meeting with City of Shakopee officials, Bruce Loney, Public Works
Director and Dennis Kraft, City Administrator and the most recent developers and contractors
who have worked in the City was held. Attached to this memo is a summary of the items
discussed from that meeting.
The response from most of the applicants of that meeting was very positive and the attendees
were thankful that the City did conduct the meeting in order that their viewpoints or opinions on
development issues in Shakopee could be raised. As you will note, there are several items that
were discussed for possible consideration. Since the construction seasons is upon us, Engineering
staff would propose that some of the items be considered for change for the short term and for
the long term, a review of the entire design criteria and construction specifications be reviewed
later this fall and winter.
This memo is intended to inform the Council of the meeting that was conducted and the action
that staff is considering to take in this matter.
BL/pmp
DEVELOP
1.116%ILA"
SHAKOPEE
March 23, 1995
Attendees of Developers/Contractors Meeting
on March 15, 1995
RE: SUMMARY OF ITEMS DISCUSSED
Dear
On March 15, 1995, a meeting between City of Shakopee officials and recent developers or
contractors working in the City was held. At this meeting, several items were discussed and are
summarized as follows:
A. Design Criteria of Public Infrastructure
1. Consideration of narrowing 36' wide residential street to 32' wide.
2. Consider streamlining the development review process particularly when
the subdivision applies for a P.U.D. and preliminary plat approvals.
3. Include in the development review process a Shakopee Public Utilities
Commission's (SPUC) representative.
4. Incorporate more flexibility in City policies, particularly with SPUC and
City policy to avoid conflict of each entity's policy.
5. Consider reducing duplication of engineering services.
6. Recommend additional meetings for both engineering and planning items.
7. Water service connection policy needs to be reviewed by SPUC.
8. Review storm sewer specification requirement for 18" pipe minimum for
a catch basin outlet.
B. Construction Standard Specifications for Public Works
1. Review test roll specification with geotechnial consultant.
2. Consider eliminating duplication of inspection services.
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South Shakopee,A1inne;ota =3 9-13 1 h12-44 -36'0 FA\ 612-44=,-t,11S
3. Review standard concrete curb & gutter for new developments.
4. Review turf establishment specifications particularly when the slopes are
steeper than 3:1.
5. Review cast iron sanitary sewer service pipe material versus PVC pipe
acceptability.
6. Consider extending sanitary sewer and water service line 9 feet past
property line to avoid future interference with gas, electric, telephone,
cable TV lines. Review of copper to copper connection is needed by
SPUC.
C. Site Construction Plans for Erosion Control
A. Contractors were reminded to obtain NPDES Permit from Metropolitan
Pollution Control Agency (MPCA) and for developers to use the MPCA's
Best Management Practices for erosion control plans.
D. City of Shakopee Assessment Policy
1. Review Box Culvert Policy.
2. Have Assessment Policy available for purchase or distribution to
developers.
3. Make policy changes known to developers.
E. Trunk Sanitary Sewer Policy
1. Trunk sanitary sewer charges is based upon the trunk system in the City's
Comprehensive Sewer Plan and is for payment of trunk lines.
2. Acreage charge is $1,251.66/acre.
F. SPUC's Policy
1. It was mentioned that SPUC is an independent autonomous organization
which has its own separate set of policies. Policy is set by SPUC which
is made up of three commissioners appointed by the City Council.
DISCUSSION ON NEW OR FUTURE POLICIES
A. Storm Water Management Policy
1. It was mentioned that the Engineering Department was considering trunk
storm sewer charges similar to the trunk sanitary sewer charge. This
policy is being considered for development to pay for trunk storm sewer
facilities. This policy has not been discussed with Council.
2. Collector street policy consideration was discussed to distribute the cost
of collector street assessments over an area wide basis versus lateral
assessment. This policy has not been discussed with Council.
OTHER ITEMS OF CONCERN:
1. Consideration of organizing a task force to review design specifications,
construction specifications and standards, and review of City policies.
It is City staff's intent to review items discussed in the next few weeks and determine if changes
are appropriate and warranted. This letter is intended to summarize the major points discussed
and consideration by the City to implement a change. Most of the items will require either City
Council or Shakopee Public Utilities Commission's approval. The City would like to thank
everyone who participated in the discussion of engineering items. If you have any questions on
this letter and on the discussion of engineering/construction items in the City of Shakopee, please
feel free to call me.
Sincerely,
/geece.
Bruce Loney, P. .
Public Works Director -
BL/pmp
SUMMARY
110
OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee,Minnesota May 4, 1995
MEMBERS PRESENT: Mars, Joos,Madigan,Bladow,Link,DuBois
MEMBERS ABSENT: Christensen
STAFF PRESENT: Paul Bilotta, Acting Planning Director
Terrie A. The Assistant City Planner, Assistant City Planner
Dave Nummer, Staff Engineer
Bruce Loney,Public Works Director
L ROLL CALL.
Chairman Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above.
H. APPROVAL OF AGENDA.
The agenda was approved as submitted.
III. APPROVAL OF APRIL 6, 1995 MEETING MINUTES.
The minutes were approved as submitted.
IV. RECOGNITION OF INTERESTED CITIZENS.
Chairman Mars recognized anyone in the audience wishing to speak on any item not on the
agenda. There was no response.
V. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A TWENTY FOOT
VARIANCE TO THE THIRTY FOOT SETBACK FOR AMOCO OIL COMPANY
FOR A NEW CANOPY.
Chairman Mars opened the public hearing regarding this request.
The Assistant City Planner stated that the applicant is requesting a 20 foot variance from the 30
foot front yard setback requirement within the Highway Business Zone to construct a 32 foot
by 50 foot canopy over four new gas pumps.
She added that a variance to the Zoning Chapter may be issued to provide relief to the
landowner in those zones where the Chapter imposes undue hardships or practical difficulties in
the use of the land. Staff is of the opinion that other design alternatives exist for constructing
the awning within the required setbacks, or that a smaller canopy could be constructed to cover
just the southern two gas pumps.
Minutes of the May 4, 1995
Board of Adjustment and Appeals Page No. 2
The Assistant City Planner reinforced that a variance may be granted only in the event that all
of the criterion required for the granting of a variance can be met. She added that staff has
provided draft findings for each criterion, and that the application appears to be in conflict with
Criteria 1 and Criteria 2. Therefore, staff is recommending the denial of the request.
She added that just prior to the meeting, the applicant proposed to staff the construction of a
smaller canopy in which only a seven (7') variance would be required. However, the criteria
for the approval of a seven foot variance would remain the same.
Commissioner Joos asked if the revisions to the plan would change the staffs recommendation
for denial. The Assistant City Planner replied that the findings regarding the criteria would
remain the same.
Richard Larson, Amoco Oil Company noted that a 24' wide by 76' long canopy is now
proposed. The new proposal would have three fuel dispensers rather than four. He noted that
the size of the new canopy cannot be adjusted anymore because it is direct relation to the
distance between fuel dispensers. He discussed lighting for the canopy, and stated that double
wall tanks and dispensers are proposed.
Comm. Joos asked if they considered what they have now to be a canopy. Larson replied that
it considered a marker; and that the lighting is poor.
Comm. DuBois asked if the posts will be moved closer to the highway. Larson replied that
they will be moved back 10-12' from their current location.
Motion: Comm. Joos/ DuBois offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Comm. DuBois asked if we are still dealing with the 20' variance or the 7' variance. Mars
noted that both would still require the criteria to be met. All criteria must be approved no
matter what the size of the variance request.
Chairman Mars reviewed the criteria which must be met in order to have a variance application
approved, and the draft findings provided by staff
Criterion 1: The strict enforcement of the ordinance provision would cause undue
hardship because of circumstances unique to the individual property under consideration.
Undue hardship means the following:
1.A. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls;
Minutes of the May 4, 1995
Board of Adjustment and Appeals Page No. 3
Draft Finding: The Board finds that the subject site is currently being used as an automobile
service and gas station without the aid of a variance which appears to be a reasonable use of
the property. The Board further finds that this site could also be used for other retail uses
that do not involve the use of canopies extending into the required setback
Comm. Joos stated that he felt that this could be a subjective issue and suggested moving on to
the other criteria and coming back to this one later.
IB. The plight of the landowner is due to circumstances unique to the property.
Draft Finding: The Board finds that this lot is not unusually shaped nor does it have other
unique circumstances.
Chairman Mars stated that there doesn't seem to be anything unique with this corner lot.
Comm. Joos agreed that it is not unusually shaped or has topographic constraints.
Comm. DuBois stated that the building is a"grandfathered in" parcel which conformed at
the time it was constructed. She agreed that it was not unusually shaped.
Chairman Mars asked how the grandfathering applied to this site. Comm. DuBois replied that
the setbacks at the time were in conformance, and she was unaware if that was even relevant.
Comm. Joos asked staff what setbacks were in place at the time. The Assistant City Planner
noted that the front yard setback has been 30' since 1979. This site was constructed around
1960, and she believed that the setback at that time was also 30'. Joos asked what the status
for the site is now. The Assistant City Planner replied that the structure is not in compliance
with the rear yard setback, but it is in compliance with the front and side yard setbacks.
Comm. DuBois asked if a canopy would be considered an accessory structure and how staff
would treat an actual building addition vs. a canopy. The Assistant City Planner replied that
there is no distinction between the two. DuBois asked if permanence would make a difference.
The Assistant City Planner replied that it would not.
It was the consensus of the majority of the Board members to agree with this draft finding.
IC. The circumstances were not created by the landowner.
Draft Finding: The Board finds that the circumstances creating this request were created by
the landowner. No actions by an outside party have created the need for this request.
Minutes of the May 4, 1995
Board of Adjustment and Appeals Page No. 4
Comm. Madigan stated that it seems clear that this situation is being created by the landowner,
and that there are no circumstances being created externally.
DuBois discussed the fact that the customers' need for lighting and safety are the actions of
outside consumers to prompt this need.
The Assistant City Planner noted that outside lighting could be accomplished without the use
of a canopy.
Bladow believed that the reason for this request is to keep up with the competition.
Comm. DuBois stated that she disagreed with the finding. She believed that the statement
referring to no actions by outside parties is subjective. She stated that lighted canopies are seen
throughout Shakopee. She believed that not having one would be out of compliance.
The Acting Planning Director explained what type of actions outside parties can take that
would prompt the need for a variance request.
It was the consensus of the majority of the Board members to agree with this draft finding.
ID. The variance, if granted, would not alter the essential character of the property.
Draft Finding: The Board finds that the granting of this variance would expand the degree of
non-conformity along one of the City's commercial corridors in direct conflict of the
Comprehensive Plan.
Comm. Link stated that he did not agree with this finding and asked if all other uses were in
conformance. The Assistant City Planner indicated that this site is the one being considered for
a variance. She added that it is likely that the others were in compliance prior to the creation of
setback requirements.
Comm. Joos agreed with the findings and has always been a proponent of correcting non-
conforming sites and uses. He believed that further expanding the nonconformity would not be
appropriate.
Comm. DuBois stated that it would appear that if the applicant is going to look the same as
other similar uses, he would be more in conformance with what is there than he would be
expanding the degree of non-conformity. She didn't agree with the findings. She noted that
the pumps are being moved back 8-10'. By doing that, the sight lines along First Avenue will
be improved.
Comm. Bladow agreed with the draft finding.
Minutes of the May 4, 1995
Board of Adjustment and Appeals Page No. 5
It was the consensus of the majority of the Board members to agree with this draft finding.
IE. The problems extend beyond economic considerations. Economic considerations do
not constitute an undue hardship if reasonable use for the property exists under the
terms of the ordinance.
Draft Finding: The Board finds that the circumstances creating this request do not appear to
extend beyond the economic considerations of the applicant.
Comm. Madigan agreed, noting that it appears to be economic.
DuBois disagreed with the finding, believing that it is more of a safety improvement on the
property.
Bladow believed that it is an economic consideration of the applicant.
It was the consensus of the majority of the Board members to agree with this draft finding.
Criterion 2: It has been demonstrated that a variance as requested will be in keeping with
the spirit and intent of this Chapter.
Draft Finding: The Board finds that this variance request is in conflict with the Zoning
Chapter's stated purposes of encouraging the planned and orderly development of
commercial land;providing adequate light to the property;preventing overcrowding of land
with undue concentrations of structures; and encouraging development in accordance with
the Comprehensive Plan
Comm. DuBois did not agree with the finding. She believed that the lighting is an
improvement to the property and stated that the current lighting is inadequate as compared to
other stations in Shakopee. She noted that improving the building and moving the pumps are
improvements to the site.
It was the consensus of the majority of the Board members to agree with this draft finding.
Criterion 3: The request is not for a use variance.
Draft Finding: The Board finds that this request is not for a use variance and, therefore, this
criterion was satisfied
It was the consensus of the Board members to agree with this draft finding.
Minutes of the May 4, 1995
Board of Adjustment and Appeals Page No. 6
Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will ensure
compliance and to protect the adjacent properties.
Draft Finding: The Board does not propose to impose any additional conditions as part of
this variance request.
It was the consensus of the Board members to agree with this draft finding.
Criterion I revisited
Comm. Joos stated that he felt that discussion regarding Criterion 1 was no longer necessary
for consideration due to the fact that all of the criteria must be met, and other criteria have been
found not to apply to this request.
Motion: Comm. Joos / Madigan offered Resolution No. PV-717, A Resolution
Denying a 20 Foot Variance to the 30 Foot Front Yard Setback Requirement, and offered
a motion to deny the request for the 7 foot variance also requested by the applicant.
Vote: Motion carried 5-1,with Comm. DuBois voting in opposition to the denial.
Chairman Mars informed the applicant that the decision could be appealed to the City Council
within the next seven days.
VI. PUBLIC HEARING: CONTINUED FROM APRIL 6, 1995 MEETING. TO
CONSIDER AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR
FISCHER AGGREGATES.
Chairman Mars reopened the public hearing regarding this request.
The Assistant City Planner stated that staff is not in a position to make a recommendation on
this request without further information from the applicant, and is recommending that the
public hearing be continued to the June meeting.
Motion: Comm. Joos / Bladow offered a motion to continue the public hearing to the
June 8, 1995, meeting of the Board of Adjustment and Appeals.
Vote: Motion carried unanimously.
VII. OTHER BUSINESS
No other business was on the agenda for discussion.
VII . ADJOURNMENT
Chairman Mars adjourned the meeting at 8:24 p.m. {c:\TERRIE\MINUTEs\BOAAMAY4.95}
OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION
Regular Session Shakopee,Minnesota May 4, 1995
MEMBERS PRESENT: Mars, Joos,Madigan, Bladow, Link, DuBois
MEMBERS ABSENT: Christensen
STAFF PRESENT: Paul Bilotta, Acting Planning Director
Terrie A. Thurmer, Assistant City Planner
Dave Nummer, Staff Engineer
Bruce Loney,Public Works Director
I. ROLL CALL
Chairman Joos called the meeting to order at 8:24 p.m. Roll call was taken as noted above.
H. APPROVAL OF AGENDA
The Agenda was approved as presented.
TIL APPROVAL OF APRIL 6, 1995 MEETING MINUTES
The minutes were approved as amended: Item #1, Roll call: Chairman Joos rather than
Chairman Mars; Item#2, Adjournment-Chairman Joos, rather than Chairman Mars.
IV. RECOGNITION OF INTERESTED CITIZENS
The Chairman recognized anyone in the audience wishing to speak on any item not on the
agenda. There was no response.
V. APPROVAL OF CONSENT AGENDA
Chairman Joos introduced the one item on the Consent Agenda, and asked if there was any one
that wanted to discuss this issue. There was no response.
Motion: Comm. Mars/Bladow to approve the consent agenda: Item #6, to consider
the vacation of a drainage and utility easement located along the lot line between Lots 1 and 2,
Block 1, Valley Park 6th Addition;Applicant- Shakopee Valley Printing, Inc.
Vote: Motion carried unanimously.
VI. PUBLIC HEARING: TO CONSIDER THE PLANNED UNIT DEVELOPMENT OF
CANTERBURY PARK.
Chairman Joos opened the public hearing regarding this request.
The Assistant City Planner stated that the applicant is requesting the approval of a Planned Unit
Development for the Canterbury Park. The site was recently rezoned from Racetrack District
to Major Recreation with the adoption of the revised Zoning Ordinance.
Minutes of the May 4, 1995
Shakopee Planning Commission Page No. 2
She stated that the approval of this PUD by the City Council will bring the site into compliance
with the "Mandatory PUD District" in which it is located. This approval will also permit the
applicant to apply for future approvals, including Building Permits, and other required City
approvals.
She added that the information provided by the applicant shows the site as it exists today, and
that there are no major building changes being proposed at this time. Staff recommends
approval of the Development Plans for the Canterbury Park Planned Unit Development,
subject to the four conditions discussed in the staff memo.
Comm. Mars asked for staff input regarding Item 5 on Page 17. The Assistant City Planner
replied that this is standard planning text.
Comm. Mars was concerned about the language "similar to", and the different connotations
this language would have.
DuBois asked if Item 4 on Page 17 referring to signs and banners related to temporary banners.
The Assistant City Planner discussed the provisions for permitting both temporary and
permanent signage. Comm. DuBois asked if there is a time limit for how long temporary signs
can remain on the site. The Assistant City Planner stated that all temporary signs must be
removed within seven days following the event.
Comm. Mars asked if the boats parked along the fencing would require any kind of screening.
He was concerned about this kind of storage.
Bruce Malkerson, attorney for the applicant, stated that he had already discussed the "similar
use" issue with the City Attorney and she did not have a problem with the language. He
discussed the additional language that they had added for clarification purposes on page 17 and
stated that this clarification might help address the Planning Commission's concerns. He stated
that banners and signs are allowed if they are not seen from the streets. He added that City
staff has already informed him of when sign permits would be necessary.
Stan Voker,Manager of Canterbury Park,noted that the boats were only outside the barns for
a few days and have since been removed. Horse trailers are screened by trees.
Mr. Malkerson discussed a suggestion from the City Attorney regarding the various licenses
that Canterbury Park will need.
Motion: Mars / DuBois offered a motion to recommend approval of the Planned Unit
Development of Canterbury Park to the City Council, subject to the following conditions:
Minutes of the May 4, 1995
Shakopee Planning Commission Page No. 3
1. The Project shall operate in accordance with the plans in the informational package
submitted by the applicant and dated April 25, 1995, and all Exhibits and
Attachments.
2. All uses at the site shall be in compliance with all federal, state, and City
requirements including, but not limited to, health and environmental code
requirements.
3. A variance to Section 11.81, Subd. 5, regarding Number of Buildings Per Lot is
hereby approved.
4. The following procedural actions must be taken:
5. A Development Agreement stating the conditions of approval of the PUD must be
filed with the Scott County Recorder.
Vote: Motion carried unanimously
VII. PUBLIC HEARING: TO CONSIDER '1'HE PRELIMINARY PLAT OF MARKET
PLACE 2ND ADDITION, LOCATED WEST OF MARKET STREET AND NORTH
OF FIFTH AVENUE.
Chairman Joos opened the public hearing regarding this request.
The Assistant City Planner stated that Klingelhutz Development Company is requesting
approval to plat 14 lots single family residential lots. A portion of the site that had been platted
as"Market Place", and a portion is unplatted land. There are currently three homes on the site
(Lot 1, Lot 3, Lot 4, Block 1), and all three of these homes will continue to meet the required
setbacks within the R-1C Zone with the replat.
She stated that the alley dedicated with"Market Place"was approximately 300 feet long. With
the proposed plat, approximately 750 feet of public alley would be dedicated, extending the
alley farther to the west, and matching it up with the existing alley located in the western
portion of the block. Although this alley would be approximately 1,100 feet in length, the
block length meets the requirements of the Subdivision Regulations.
She added that there is an existing gravel drive located along the western boundary of the
proposed plat which connects 4th and 5th Avenue; but this is not a dedicated public alley. The
northern half of this private drive is located on property owned by James and Kris Jaggars, and
the southern half of the drive is located on property owned by the developer. The developer is
proposing to eliminate the portion of the private drive located on their site. However, the
portion located on the Jaggars' property would remain a private drive.
She stated that staff is recommending approval of the Preliminary Plat for Market Place 2nd
Addition, subject to the conditions discussed in the staff memo and the additional condition
provided on the table.
Minutes of the May 4, 1995
Shakopee Planning Commission Page No. 4
Beth Andrews, Klingelhutz Development Company discussed a boundary issue which will be
corrected following a torrens proceeding. She also discussed the layout of the alley. She noted
that, contrary to staff's recommendation, she would like to propose that Outlot A become part
of the previously platted lot to the north, and not a part of Lot 1, Block 2, as recommended by
staff
Chairman Joos asked if there would be any negotiating to reconfigure the other unusually
shaped lots. Andrews indicated that they are proposing to come to an agreement with
adjoining properties to solve this concern.
Chairman Joos stated that he was in favor of the suggested ideas. He asked staff for direction
on whether both the preliminary and final plat could be considered at the next meeting The
Assistant City Planner agreed that, considering the changes recently proposed, the issue should
be tabled to allow other staff members to have an opportunity to review the proposed changes.
Comm. Bladow asked if other landowners were in favor of the proposed changes. Andrews
noted that they are in agreement with two neighbors to the west.
Comm. DuBois asked what the lot widths are, and what is proposed for the lot to the west.
Andrews noted that Mr. Hinkley's garage is actually on their property. She stated that Mr.
Hinkley is in favor of having the"Fillmore Extension" (the connection between 4th Avenue and
5th Avenue) closed down, and a garage will be constructed that is accessible to the alley.
Andrews noted that the lot widths range from between 70' to 76'in width.
Dave Rutt, 468 South Market Street, Shakopee, noted that he wasn't notified of this request
even though he lives in the Market Place 1st Addition. He discussed the location of the alley
on the plat and was concerned about the plan to not allow an outlet from the alley. He stated
that he would like to see more of an easement for utility poles, and discussed his concerns
about safety issues. He believed that there is no need for an alley connection to the east.
Motion: Mars/Bladow offered a motion to close the public hearing.
Vote: Motion carried unanimously.
The Staff Engineer stated that he is in favor of the alley going all the way through the block. He
referenced the section of the City Code which discusses alleys and stated that it indicates that
dead end alleys should be avoided. From an engineering standpoint, it would be a dangerous
situation for garbage trucks and snowplows. He stated that staff cannot require the developer
to provide another access to the alley.
Minutes of the May 4, 1995Page No. 5
Shakopee Planning Commission
Comm. DuBois asked the Assistant City Planner why the southerly lines of Lots 1 and 2 are
not in line with the southerly lot line of O has tloShe two lots evet A. he noted thatn with Oue new l of Alat . been
reconfigured, and the proposal under consideration
Motion: Mars/Bladow offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Comm. Joos stated that he would be in favor of extending the alley to avoid potential problems
in the future.
Motion: Mars / Bladow offered a motion to table action on this item until the June 8,
1995, meeting of the Planning Commission, at which time both the preliminary and final plats
could be reviewed.
Vote: Motion carried unanimously.
VIII, OTHER BUSINESS
A. Paul Bilotta Appointed as Acting Planning Director:
Comm. Joos noted that Lindberg Ekola has resigned his position as Planning Director. He
suggested that a certificate of appreciation be given to Ekola for his years of service and
dedication. He asked that staff write a letter which the Planning Commission can sign and send
to him.
The Commissioners discussed the ease with which Ekola made issues understandable for the
Planning Commission.
Comm. Mars felt that Ekola made him a better Planning Commissioner by his input.
Motion: Motion by Madigan, seconded by Bladow to direct staff to write a letter and
prepare a certificate of appreciation for Lindberg Ekola.
Vote: Motion carried unanimously.
Acting Planning Director Bilotta noted that there are now two vacancies in the Planning
Department, and that he will be the Acting Planning Director until a replacement has been
found.
B. Comprehensive Plan Update- Status:
The Acting Planning Director noted that the Met Council has approved the Comprehensive
Plan. He stated that they did change the MUSA boundary line. He noted that the Brown and
Cherne properties are included in the MUSA expansion and Jackson Township is not included.
Minutes of the May 4, 1995
Shakopee Planning Commission Page No. 6
C. Miscellaneous:
The Acting Planning Director also noted that the Bloomington Ferry Bridge will be opening
this year, and several articles are appearing in numerous publications.
The Commissioners and staff discussed affordable housing issues and planning for the future,
as well as the process regarding the annexation of townships.
IX. ADJOURNMENT
Chairman Joos adjourned the meeting at 9:30 p.m.
OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
REG SESSION SHAKOPEE, MINNESOTA APRIL 4, 1995
Chrmn. Beard called the meeting to order at 7 : 06 P.M. with Comm.
Brekke, Laurent, Sweeney, and Lynch present . Also present :
Dennnis R. Kraft, City Administrator; Karen Marty, City Attorney;
Barry Stock, Assistant City Administrator; Bruce Loney, City
Engineer/Public Works Director; Terrie Thurmer, Assistant City
Planner; Judith S. Cox, City Clerk; and Gregg Voxland, Finance
Director.
Brekke/Sweeney moved to approve the Minutes of March 7 & 21, 1995 .
Motion carried with Comm. Lynch abstaining from the March 21,
Minutes .
Gregg Voxland explained that the funding source for the downtown
alley project has never been finalized. There are two funding
sources to use: 1) The available balance in the Capital Improvement
Fund. 2) Use TIF Funds .
The recommendation is to use TIF because of the time line involved.
CIF funding can be used later where the TIF money would have gone
if not used for downtown.
Laurent/Lynch moved to approve the use of TIF for the City share of
the downtown alleys project and direct staff to prepare a TIF Plan
amendment to include the downtown alleys project . Motion carried
unanimously.
Having no other business to come before the H.R.A. Chrmn. Beard
adjourned at 7 : 11 P.M. until the first meeting in May.
Dennis R. Kraft
Executive Director
Esther TenEyck
Recording Secretary
OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA MAY 2, 1995
Mr. Beard called the meeting to order at 7 : 05 P.M. with Comm.
Morke, Van Horn, Brekke, Laurent, Sweeney, and Lynch present . Also
present : Dennis R. Kraft, City Administrator; Barry Stock,
Assistant City Administrator; Karen Marty, City Attorney; Bruce
Loney, City Engineer; Paul Bilotta, Economic Development
Coordinator; and Judith S . Cox, City Clerk.
Judith Cox, City Clerk, administered the oath of office to the
members of the Economic Development Authority.
Karen Marty stated that statute requires that the President, Vice
President, and Treasurer be members of the Commission. However,
the Secretary and Assistant Treasurer may be staff members .
Chrmn. Beard opened the nominations for President .
Comm. Van Horn nominated Gary Laurent for President .
Chrmn. Beard asked for further nominations .
Brekke/Morke nominated Mike Beard for President .
Chrmn. Beard asked for further nominations . Having no other
nominations Comm. Sweeney/Brekke moved to close the nominations for
President . Motion carried unanimously.
President : Gary Laurent 3 votes - L Van Horn, _Bear
President : Mike Beard 4 votes - Sweeney, Brekke, Mor , Laurent
Mike Beard will be the President until the first meeting in
January, 1996 .
Chrmn. Beard opened the nominations for Vice President .
Comm. Morke nominated Bob Sweeney for Vice President .
Chrmn. Beard asked three times for further nominations for Vice
President . Having no other nominations Chrmn. Beard closed the
nominations for Vice President .
Brekke/Lynch moved that a unanimous ballot be cast for Bob Sweeney
for Vice President . Motion carried unanimously.
Chrmn. Beard opened the nominations for Treasurer.
Comm. Sweeney nominated Cole Van Horn for Treasurer.
Chrmn. Beard asked for further nominations three times . Having no
other nominations for Treasurer, Chrmn. Beard closed the
nominations .
OFFICIAL PROCEEDINGS OF THE MAY 2 , 1995
ECONOMIC DEVELOPMENT AUTHORITY PAGE -2-
Sweeney/Brekke moved that a unanimous ballot be cast for Cole Van
Horn for Treasurer unanimous . Motion carried unanimously.
Lynch/Morke moved that staff members be appointed to the positions
of Assistant Treasurer and Secretary. Motion carried unanimously.
A discussion regarding the duties and functions of the Secretary
and Assistant Treasurer ensued.
Chrmn. Beard opened the nominations for Assistant Treasurer.
Comm. Sweeney nominated Greg Voxland, Assistant Treasurer.
Chrmn. Beard asked twice for further nominations for Assistant
Treasurer.
Laurent/Brekke moved the nominations cease and that a unanimous
ballot be cast for Greg Voxland for Assistant Treasurer. Motion
carried unanimously.
Chrmn. Beard opened the nominations for Secretary.
Sweeney/Lynch moved to nominate Judith Cox, Secretary.
Brekke/Sweeney moved a to close the nominations for Secretary and
that a unanimous ballot be cast for Judith Cox, for Secretary.
Motion carried unanimously.
Sweeney/Van Horn offered Resolution No. 95-1 . A Resolution Of The
Economic Development Authority For The City Of Shakopee, Minnesota,
Electing Officers, and moved its adoption. Motion carried
unanimously.
Karen Marty stated that the bylaws parrot the State Law and that a
revision on page 2, No. 8 dealing with the officers duties and
powers was distributed.
Sweeney/Morke moved to substitute the set of bylaws marked as EDA
#4 with a set of bylaws marked as #4 . Motion carried unanimously.
Sweeney/Lynch offered Resolution No. 95-2, A Resolution Of The City
Of The Economic Development Authority For The City Of Shakopee,
Minnesota, Adopting By-Laws, as amended, and moved its adoption.
Motion carried unanimously.
Barry Stock gave an update on the TIF Plan. He stated that he and
other staff members had met with Tom Hay, Bond Counsel, regarding
what steps to take to amend the TIF Plan consistent with what the
legislature has proposed. He stated that the legislature clearly
had changed its direction. He recommended that the EDA meet in two
OFFICIAL PROCEEDINGS OF THE MAY 2 , 1995
ECONOMIC DEVELOPMENT AUTHORITY PAGE -3-
weeks to discuss what might be passed by the Legislature in order
to proceed accordingly. He stated that at the May 16 meeting he
expected that an amendment to the TIF Plan will be proposed and a
public hearing set for June .
Comm. Morke asked for more information on the legislature ' s change
of direction.
Dennis Kraft explained that the original legislation by Mr. Ozment
had a deadline of March 27, 1995, indicating that any expenditures
or contracts after that date could not use TIF Funds . He explained
that staff did not receive the Bill until March 29, 1995, and that
a number of Cities will be adversely affected by the Bill and that
as the legislators become aware of this there will be added
pressure to amend it so that a number of Cities are not treated
unfairly.
Karen Marty explained that State Law and the Bylaws require that
the EDA have a seal and asked if staff wanted the Director and
other staff to put together some ideas and bring them to the next
meeting.
Chrmn. Beard stated that the Executive Director would bring a
standard seal to the next EDA Meeting.
Comm. Van Horn asked what the HRA budget for 1995 was, if the EDA
has a budget and if so what is the amount . If there is no budget
he asked how to go about forming one.
Dennis Kraft stated that the EDA inherited the HRA budget .
Comm. Van Horn asked how the EDA funds are accessed, whether solely
by the EDA or also by City Staff .
Dennis Kraft stated that to the extent that the EDA budget is
adopted, the City staff would relate to the EDA budget in a similar
manner as it would the City budget .
Barry Stock stated that all bills are submitted to Council and EDA
for approval . He stated that he would prepare a copy of the former
HRA budget for the May 16 Meeting.
Having no other business, Chrmn. Beard adjourned at 7 : 36 P.M. to
May 16, 1995 .
qudith S . Cox
Secretary
Esther TenEyck
Recording Secretary
MEMO TO: Dennis R. Kraft, EDA Executive Director
FROM: Barry A.. Stock, Assistant City Administrator
RE: Blocks 3 & 4 Relocation Issues and Fixtures Appraisal
DATE: May 10, 1995
INTRODUCTION:
Appraisals are currently being obtained for the properties located within Blocks 3 & 4 in
Downtown Shakopee. It would be appropriate at this time for the EDA to discuss the need for
fixture appraisals and consultant assistance for acquisition and relocation.
BACKGROUND:
Due to the potential need to amend the TIF plan, staff has been working to more clearly define
the cost associated with the possible acquisition of the properties within Blocks 3 &4. Several
issues have surfaced where additional professional assistance maybe needed to complete the
project. These issues can be categorized into the following two general areas: 1. fixture
appraisals, 2. acquisitions/relocation assistance.
In attempting to determine the overall costs for acquiring the properties located in Blocks 3 &4,
I have utilized the assistance of Evergreen Land Services Company. Ms. Sandra Luegge,
Director of Relocation for Evergreen Land Services Company was of great assistance in
outlining the steps that we need to take in order to secure acquisition of the property. Ms.
Luegge noted that in addition to real-estate appraisals, it is necessary for the City to obtain
fixture appraisals. The guidelines setforth in the Federal Uniform Relocation and Real Estate
Property Acquisition Policies Act and Minnesota Statutes specifies that compensation must be
made for relocation costs and building fixtures. Ms. Luegge suggested that it would be
beneficial to obtain fixture appraisals at the same time the real-estate appraisals are being
obtained.
I have contacted Patchin Appraisers to determine if they can complete the fixture appraisals.
Patchin Appraisals confirmed that cost savings could be incurred by obtaining fixture appraisals
in conjunction with the real-estate appraisals. Patchin Appraisals has submitted a cost estimate
in the amount of$ for the fixture appraisals.
Staff is recommending that Patchin Appraisals be obtained to complete the fixture appraisals for
the properties located within Blocks 3 &4.
Since the actual appraisals are not complete at this time, staff does not feel that there is an
immediate need to bring on a consultant to assist with the property acquisition and relocation.
Between now and our next meeting I will obtain proposals from several firms that specialize in
acquisition and relocation assistance. I do not believe that any of our existing staff have the
expertise or time to complete all the steps associated with acquisition and relocation should we
actually decide to move ahead with this project.
ALTERNATIVES:
1. Move to utilize the services of Patchin Appraisers Inc. to complete the fixture appraisals
for the properties located within Blocks 3 &4 OSP.
2. Direct the appropriate EDA officials to obtain assistance proposals from firms that
specialize in land acquisition and relocation.
3. Do not obtain fixture appraisals at this time.
4. Do not obtain proposals for land acquisition and/or relocation services.
STAFF RECOMMENDATION:
Staff recommends alternatives#1 and#2.
ACTION REQUESTED:
1. Move to utilize the services of Patchin Appraisers Inc. to complete the fixture appraisals
for the properties located within Blocks 3 & 4 OSP.
2. Direct the appropriate EDA officials to obtain assistance proposals from firms that
specialize in land acquisition and relocation.
MEMO TO: Dennis R. Kraft, EDA Executive Director
FROM: Barry A. Stock, Assistant City Administrator
RE: EDA Seal
DATE: May 11, 1995
INTRODUCTION AND BACKGROUND:
Pursuant to the direction of the EDA staff has prepared a seal for the Authority's review and
approval. The EDA is required to have a seal to affix to official documents. Staff would like to
make this a simple process.
ACTION REQUESTED:
Move to direct the appropriate EDA officials to move ahead with the development of the EDA
seal as proposed.
vevelo .lbe
fiear
C f Established o
1995 �.
***
o ee 1"1"
MEMO TO: Dennis R. Kraft, EDA Executive Director
FROM: Barry A. Stock, Assistant City Administrator
RE: EDA Budget
DATE: May 10, 1995
INTRODUCTION:
On May 2, 1995 Commissioner VanHorn requested that the EDA Budget be placed on the
agenda for the Authority's review.
BACKGROUND:
Attached is the 1995 EDA Budget. When the Economic Development Authority was created, it
basically replaced the former Shakopee Housing and Redevelopment Authority and inherited the
HRA's budget. The vast majority of the EDA Budget is comprised of salaries. Funding in the
amount of$25,000 was also budgeted in 1995 for the Downtown Rehab Grant Program. The
EDA does have a fund balance in the amount of approximately $291,000.
EDA Budget expenditures are made consistent with the policies and procedures setforth by the
City of Shakopee. Generally, department heads have the authority to authorize budgeted
expenditures under $5,000.
HRA FUND
1995 BUDGET
ACTIVITY:
Activity includes the operation of the Shakopee Housing and Redevelopment
Authority including research and development of projects to improve housing,
community resources, and economic opportunities in Shakopee. Preparation of
applications and administration of grants to accomplish above activities.
Staff must maintain HRA records and prepare materials for policy decisions by
Commissioners. The Commission is made up of the five City Council members.
OBJECT DESCRIPTION: Description of lines items:
Salaries:
Share of City Staff and New Economic Development Position.
Miscellaneous:
$25,000 Downtown Rehab Grant Program
C
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2-4
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1 CITY OF SHAKOPEE, MINNESOTA
1995 BUDGET
1 HRA FUND BUDGET SUMMARY
1992 1993 1994 1995
Actual Actual Budget Proposed
Revenue
Taxes $ 27,943 $ 25,605 $ 25,590 $ 101,710
IIntergovernmental 4,557 4,977 5,310 5,370
Charges for Service 45,000
Miscellaneous
1 Interest 23,234 24,762 12,000 12,000
Total Revenue 100,734 55,344 42,900 119,080
1 Transfer in
Total Revenue and Transfers 100,734 55,344 42,900 119,080
1 Expenditures and Transfers
Personal Services 23,558 25,791 22,380 70,630
Supplies and Services 13,290 25,295 39,990 45,950
1 Capital Outlay 80,465 1,500 2,500 2,500
Total Expenditures & Transfers 117,313 52,586 64,870 119,080
1 Excess (deficiency) of
Revenues over Expenditures
and Transfers $ (16,579) $ 2,758 $ (21,970) $ 0
1
Fund Balance December 31 $ 272,932 $ 275,690 $ 253,720 $ 253,720
1
1
1
1
1
1 2-5
1995 CITY OF SHAKOPEE PROGRAM BUDGET WORKSHEET
15 Housing and Redevelopment Authority Fund
OBJECT DESCRIPTION TOTAL PROGRAM
191
MGT
4101 SALARIES FT $ 56,000 $ 56,000
4121 PERA 2,510 2,510
4122 FICA 4,280 4,280
4131 HEALTH & LIFE 4,840 4,840
4151 WORKCOMP 3,000 3,000
**TOTAL PERSONAL SERVICES 70,630 70,630
4210 SUPPLIES 4,400 4,400
4240 EQUIP. MAINT. 100 100
4310 PROFESSIONAL SERVICES 10,000 10,000
4320 POSTAGE 200 200
4321 TELEPHONE 250 250
4330 TRAVEL & SUBSISTENCE 800 800
4350 PRINTING & REPRO 500 500
4380 UTILITIES 200 200
4360 INSURANCE 1,500 1,500
4410 RENTS 1,500 1,500
4390 CONFERENCES & SCHOOLS 1,000 1,000
4433 DUES & SUBSCR. 500 . 500
4430 MISCELLANEOUS 25,000 25,000
**TOTAL SUPPLIES/SERVICES 45,950 45,950
4550 CAPITAL EQUIPMENT 2,500 2,500
**TOTAL CAPITAL 2,500 2,500
****DIVISION TOTAL $ 119,080 $ 119,080
2-5. 1
CITY OF SHAKOPEE
1995 BUDGET
Division Budget
Object 1992 1993 1994 Y-T-D DEPARTMENT PROPOSED
Code Description ACTUAL ACTUAL BUDGET 08/31/94 REQUEST BUDGET
DIVISION 17 - PLANNING
4101 WAGES FT REG 111,414 163,520 198,500 128,056 231,490 223,730
4102 OVERTIME-FT 14 9 0 0 0 0
4110 WAGES - TEMP 1,016 1,632 4,490 918 4,890 4,890
4121 PERA 4,868 7,145 8,960 5,590 10,390 18,450
4122 FICA 8,521 12,487 15,620 9,814 17,740 17,780
4131 HEALTH & LIFE 7,151 8,797 15,210 6,317 23,550 22,250
4151 WORKERS COMPENSATION 1,191 1,310 4,460 1,623 5,820 5,820
4170 COMPENSATED ABSENCES 4,169 884 1,000 4,492 2,000 2,000
PERSONNEL SERVICES 138,344 195,784 248,240 156,810 295,880 294,920
4210 OPERATING SUPPLIES 1,678 3,276 2,650 3,818 4,880 4,880
4222 MOTOR FUELS & LUBRICANTS 57 31 200 128 200 200
4240 EQUIPMENT MAINTENANCE 143 1,873 1,100 229 1,100 1,100
4310 PROFESSIONAL SERVICES 81,556 98,983 127,270 63,830 137,430137,430
4320 POSTAGE 0 0 250 0 250 250
4321 TELEPHONE 557 562 850 432 860 860
a`
4330 TRAVEL/SUBSISTENCE 310 346 2,500 239 2,500 2,500
4340 ADVERTISING 1,602 225 2,000 325 2,000 2,000
4350 PRINTING/PUBLISHING 3,440 4,908 6,600 3,648 6,600 6,600
4360 INSURANCE 3,042 3,808 3,200 4,052 4,500 4,500
4390 CONFERENCE/SCHOOL/TRAINING 1,417 839 2,400 635 2,550 2,550
4410 RENTALS 0 825 0 0 900 2,170
4430 MISCELLANEOUS 3 -1 0 3 0 0
4433 DUES 419 740 1,200 1,058 2,000 2,000
4435 SUBSCRIPTIONS/PUBLICATIONS 0 13 0 0 0 0
SUPPLIES & SERVICES 94,224 116,428 150,220 78,397 165,770 167,040
4550 EQUIPMENT 0 2,173 13,670 3,118 6,470 6,470
CAPITAL EXPENDITURES 0 2,173 13,670 3,118 6,470 6,470
4800 EXPENSE CHARGED BACK 0 -4,000 -4,000 0 -4,000 -4,000
EXPENSE CHARGED TO OTHER ACT 0 -4,000 -4,000 0 -4,000 -4,000
TOTAL PLANNING DIVISION 232,568 310,385 408,130 238,325 464,120 464,430
1-16.3
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA MAY 2, 1995
Mayor Laurent called the meeting to order at 7 : 03 P.M. with Cncl.
Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis
R. Kraft, City Administrator; Karen Marty, City Attorney; Bruce
Loney, Public Works Director/City Engineer, Dave Nummer, Staff
Engineer; Paul Bilotta, Sr. Planner; Barry Stock, Assistant City
Administrator (arrived late) ; and Judith S. Cox, City Clerk.
Items added to the agenda: 15a) Approval of Premise Permit for the
Lion's Club. 15b) Sidewalk Liability. 15c) Non-resident recreation
fees. 15d) Executive session for matters permitted by the attorney-
client privilege and labor negotiations.
Mayor Laurent recessed at 7 : 05 P.M. for an Economic Development
Authority meeting.
The regular session of the City Council re-convened at 7 : 36 P.M.
Liaison reports were given by Councilmembers.
Mayor Laurent gave the Mayor's report.
Mayor Laurent asked if anyone present would like to speak on any
item not on the agenda.
Dave Kaufenberg, 2101 Hillside Dr. , and Mark Pidde, 751 Shumway St.
Shakopee, approached the podium. On behalf of the Shakopee Youth
Hockey Association they donated two sets of hockey nets and a
scoreboard previously used at the Bubble, and the purchase of a new
ice resurfacing machine. They also requested advertising rights for
the life of the resurfacing machine.
Mayor Laurent stated that the City would research if there is a
need for the City to have some say regarding ads on the zamboni and
thanked the Association for its contributions over the years.
Items added to Consent Business: 15a) Premises Permit for Lion's
Club.
Items deleted from Consent Business: 13d) Appointment of Acting
Planning Director.
Lynch/Sweeney moved to approve the Consent Business as modified.
Motion carried unanimously.
Lynch/Sweeney moved to approve the Minutes of April 4th and April
18th, 1995. (Motion carried under Consent Business) .
Official Proceedings of the May 2 , 1995
Shakopee City Council Page -2-
Lynch/Sweeney moved to award the Shakopee Civic Center Project Bid
Package #2 - Structural Steel and Metal Deck to Danny's
Construction Company and authorize the appropriate City Officials
to execute contract documents accordingly. ($265, 700. 00) (Motion
carried under Consent Business) .
Lynch/Sweeney moved to approve Bills in the Amount of $205, 745. 90.
(Motion carried under Consent Business) .
Lynch/Sweeney moved to direct that payment be made to Paul and
Geraldine Schmitz in the amount of $20, 000 pursuant to the
agreement for noise abatement related to the south bypass. (Motion
carried under Consent Business) .
Cncl. Beard asked who would fill the EDA Director's roll if Mr.
Bilotta is appointed Acting Planning Director and what the time
line is to fill the Planning Director position.
Dennis Kraft stated that with a decrease in the planning staffing,
there would not be as much time spent on the EDA side. He also
stated that staff is looking at changing some procedures in order
to create a higher level of efficiency. However, staff is waiting
to see what the legislature is going to do, relative to the budget.
Beard/Lynch moved to authorize the appointment of Paul Bilotta as
the Acting Planning Director at Step 2 of the Planning Director
position in the non-union pay plan, effective May 1st, 1995.
Motion carried unanimously.
Lynch/Sweeney moved to authorize the appropriate City officials to
solicit Request For Proposals for the ice arena dehumidification
system (RFP #2) and Dasher Board/Accessories (RFP #3) . (Motion
carried under Consent Business) .
Mayor Laurent abstained from discussion regarding the
Implementation of Connection Charges for V. I.P. Interceptor,
Project No. 1981-1, and turned the meeting over to Acting Mayor,
Sweeney.
Bruce Loney stated that the Finance Director had brought to his
attention the fact that some properties benefitting from the 1981
V. I.P. Interceptor at that time were out of the City limits.
(Resolution No. 1891) At that time, it was decided that the City
would not assess the property but would pay the $112 , 661. 90 benefit
now and be reimbursed by connecting to the interceptor at the time
of construction of a lateral sanitary sewer. He stated that the
area from the 1988 and 1994 annexations has been recalculated to be
approximately 350 acres and that a connection charge has not been
developed for the area outside of the City Limits in 1981 and now
annexed in which the oversizing cost of $112 , 661 . 90 was to be
recovered upon connection to the system.
Official Proceedings of the May 2 , 1995
Shakopee City Council Page -3-
Discussion followed on how this impacts the recently annexed P & V
Additions in light of the fact that the residents have been told
that the assessments for their new improvements will not be more
than $8 , 000 if they signed waivers to appealing their assessments.
Mr. Loney also mentioned that the area platted into The Meadows
West has already connected onto the sewer. Staff was directed to
recalculate the actual acreage benefitted by the interceptor
improvements and prepare a policy for Council consideration for
implementing the connection charge.
Beard/Lynch moved to direct the Finance Director to implement a
connection charge in order to recoup the trunk oversizing cost of
$112 , 661. 90 and interest costs for the area described in Resolution
No. 1891. (VIP Interceptor Sewer) Motion carried unanimously with
Mayor Laurent abstaining.
Acting Mayor Sweeney returned the meeting back to Mayor Laurent.
Lynch/Sweeney offered Resolution No. 4213, A Resolution of the City
Of Shakopee, Minnesota, Repealing Various Personnel Policies and
Adopting A New Personnel Handbook, and move its adoption. (Motion
carried under Consent Business) .
Lynch/Sweeney offered Ordinance No. 415, An Ordinance Of The City
Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City
Code Sec. 11. 03 By Rezoning Land Commonly Known As West View
Seventh Addition From R-2 To Planned Unit Development Overlay Zone
No. 2 , and moved its adoption. (Motion carried under Consent
Business) .
Sweeney\Lynch moved to remove item 14c) Ordering Improvement and
Preparation of Plans for Vierling Drive - CR-79 to CR-77 , from the
table. Motion carried unanimously.
Bruce Loney stated that this project was tabled on March 21, 1995
for further analysis by staff. He stated that the developer's main
objection with the proposed assessment was that he had received a
letter from the Mn/DOT appraiser stating that he was not to be
assessed for the box culvert. He stated that staff had researched
the box culvert issue and briefly discussed its findings. He
outlined four options and stated that options #2 and #3 were
consistent with the collector street assessment policy. Both
options allow for the cost of oversizing to be paid by the City.
Mr. Loney recommended option #2 and stated that in order to move
forward on this project, staff would recommend obtaining a Waiver
of Assessment Appeal from Gold Nugget, and a Right-of-Way
dedication for Vierling Drive within The Meadows West Plat, or
assurances provided to the City.
Official Proceedings of the May 2 , 1995
Shakopee City Council Page -4-
A discussion regarding the box culvert assessment options ensued.
Mayor Laurent asked who dictates the number of crossings and where
they are located, and whether it was the City or the developer.
Mr. Loney responded.
A discussion regarding assessments and box culverts continued.
Sweeney/Brekke moved to direct staff to prepare a policy for
assessing box culvert crossings of the Upper Valley Drainageway
utilizing option #2 (assess the 36' local street equivalent for the
box culvert to the developer and the additional length of culvert
needed for collector street oversizing to be paid by the City) .
Wayne Fleck, Gold Nugget Development, approached the podium. He
stated that staff had forced him to include the crossings in the
Plat, that he doesn't need the crossings and can redesign his plat.
He stated that there are two other parties that have an interest in
these improvements and that it would be unfair to put all the
assessment on the developer. He stated that the road is not an
asset to the development and that he would prefer not to have the
crossing and would be willing to re-configure the plat.
Cncl. Beard clarified that staff doesn't make anyone do anything.
They receive direction from Council and execute policy.
Brekke/Sweeney moved to table the motion directing staff to prepare
a policy for assessing box culvert crossings pending additional
information on alternative types of crossings. Motion carried
unanimously.
Brekke/Lynch moved to authorize staff to begin the design work on
the Vierling Drive Project (1995-6) , and to come back to council
with alternatives for the actual culvert design including materials
and specifications for the cost of different designs. Motion
carried unanimously.
Bruce Loney stated that Resolution No. 4210 was modified to
identify the City of Shakopee's cost amounts to the T. I . F. and
Sanitary Sewer Enterprise Funds. Since its modification it was
discovered that the P & V Addition's assessments affect the cost to
be assessed for the VIP Sewer Extension from CR-79 to Jefferson
Street. He stated that there is an agreement limiting the
assessments to P & V residents (who signed waivers) to $8, 000 per
lot. However, the two lots in P & V that have not signed waivers
and should be included in the assessment.
Sweeney/Beard moved to amend Resolution 4210, modifying the
assessments to include the two lots in the P & V Addition that did
not sign a waiver. Motion carried unanimously.
Official Proceedings of the May 2 , 1995
Shakopee City Council Page -5-
Sweeney/Brekke offered Resolution No. 4210, A Resolution Declaring
the Cost to be Assessed and Ordering the Preparation of Proposed
Assessments for the V. I .P. Interceptor Extension from County Road
79 to the West Corporate Limits, Project No. 1992-9 ; Rahr
Forcemain, Project No. 1993-1 and Rahr Service Line, Project No.
1994-8 as amended, and moved its adoption. Motion carried
unanimously.
Lynch/Sweeney offered Resolution No. 4214 , A Resolution Approving
Plans And specifications And Ordering Advertisement For Bid For
County Road 16 Sanitary Sewer And Water Services From County Road
17 To County Road 83 Project No. 's 1994-11 And 1995-3 , and moved
its adoption. . (Motion carried under Consent Business) .
Lynch/Sweeney offered Resolution No. 4215, A Resolution Of The City
Of Shakopee, Minnesota, Approving Premises Permit For The Lion's
Club Of Shakopee, and moved its adoption. (Motion carried under
Consent Business) .
Cncl. Brekke referred to a sidewalk liability case and related it
to an area in Shakopee with a sidewalk next to a County Highway
where the speed limit is 55 mph. south of the Junior High School.
He stated that this is a liability concern for Shakopee and would
like to see the Council put some pressure on the County to lower
the speed limit in this area as it is excessive and unsafe in a
school zone.
Cncl. Beard stated that a warrant study had been done and the speed
limit was to have been dropped to 45 mph from the bypass on in. He
stated that there are traffic signals to be erected within the next
two years at the bypass and County Road 17 and that the speed limit
probably has not been changed because the bypass is not completed.
Brekke/Lynch moved to direct staff to point out the liability issue
with the County Attorney and also to express the Council's opinion
that the speed limit in that area should be reduced. Motion carried
unanimously.
Barry Stock stated that Cncl. Sweeney had received an inquiry from
a Shakopee resident with respect to the City costs that were
occurring to provide the adult softball program. He stated that
staff is currently in the process of performing a time spent
analysis for all of the recreation programs, and also keeping track
of actual costs incurred such as supplies, maintenance issues, or
storage for each program in order to know what each program costs
at the end of the year. He suggested a similar analysis for outdoor
field maintenance.
Sweeney/Lynch moved to direct staff to implement a study of the
actual costs of the maintenance of the various recreational
facilities. Motion carried unanimously.
Official Proceedings of the May 2, 1995
Shakopee City Council Page -6-
Mayor Laurent stated that there will be a meeting at the KC Hall on
May 8, 1995 for those residents outside of the City Limits who are
concerned about the way in which the recreation fees are being
handled.
A discussion ensued regarding recreation fees for residents in
Jackson and Louisville Townships, and Oak View Estates.
Barry Stock stated that the Park Board will be discussing
recreation fees for Oak View Estates' residents at their next
meeting.
Mayor Laurent recessed the meeting at 9 :55 P.M for an Executive
Session for the purpose of discussing labor negotiations and
matters permitted by attorney-client privilege.
Mayor Laurent re-convened the meeting at 10: 11 P.M. and stated that
no action was taken during the executive session.
The City Attorney stated that there was one other item of other
business that needed to come up on the regular agenda. She stated
that the Public Works Department is negotiating on obtaining
easements for the down town project and is having some difficulty.
She said that they are requesting permission to negotiate the
prices for acquisition of the easements with leeway on the price up
to the cost of initiating condemnation.
Beard/Sweeney authorized staff to negotiate the prices for
acquisition of the easements for the down town alley project up to
the cost of initiating condemnation proceedings. Motion carried
unanimously.
The City Administrator was directed to contact Mr. Minelli,
Shakopee Valley News, and advise him of the action taken by City
Council after the executive session.
Mayor Laurent adjourned the meeting to Tuesday, May 16, 1995 at
7: 00 P.M. Meeting adjourned at 10: 13 P.M.
Judith S. Cox
City Clerk
Esther TenEyck
Recording Secretary
il&
Memo To: Dennis Kraft, City Administrator
From: Terrie A. Thurmer, Assistant City Planner ,
Preparation Date: May 10, 1995
Re: Vacation of a Portion of the 40 Foot Wide Drainage and Utility Easement
Located between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition
Introduction
The City has received a petition from Shakopee Valley Printing, Inc. for the vacation of a 90.03 foot
long portion of the 40 foot wide drainage and utility easement located adjacent to the original lot line
(20 feet on each side)between Lot 1 and Lot 2,Block 1, Valley Park 6th Addition.
A copy of the May 4, 1995, Planning Commission staff memo has been attached for your reference. At
this meeting, the Planning Commission recommended approval of the vacation to the City Council. The
City Council will hold the public hearing on May 16, 1995,to consider this vacation request.
Discussion
The portion of the easement that is being considered for vacation is 90.03 feet long by 40 feet wide,
and is located 99.97 feet south of the northern point of the lot line between Lot 1 and Lot 2, Block 1,
Valley Park 6th Addition. Since the writing of the Planning Commission staff memo, Shakopee Public
Utilities has commented that a 10 foot wide by 17 foot long portion of this proposed easement located
in the southeast corner of the area proposed to be vacated should be reserved. The applicant has
discussed this issue with Shakopee Public Utilities and determined that this requirement will not
interfere with their proposed addition to the structure.
Alternatives
1. Approve the vacation request.
2. Do not approve the vacation request, stating the reasons for denial.
3. Continue the public hearing, and request additional information from the applicant and/or staff
Planning Commission Recommendation
The Planning Commission has recommended the approval (Alternative No. 1)of the vacation request.
Action Requested
Offer Resolution No. 4218, A Resolution Approving the Vacation of a 90.03 Foot Long Portion of the
40 foot wide (20 feet on each side) Drainage and Utility Easement Located 99.97 Feet South of the
Northern Point of the Lot Line Between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition, and
move its adoption.
{CITYCOUNIVACEASEM.516)
RESOLUTION NO. 4218
A RESOLUTION OF I HE CITY OF SHAKOPEE
APPROVING THE VACATION OF A 90.03 FOOT LONG PORTION OF 1HE
40 FOOT WIDE DRAINAGE AND UTILITY EASEMENT LOCATED 99.97 FEET SOUTH
OF THE NOR I'HERN POINT OF THE LOT LINE BETWEEN
LOT 1 AND LOT 2,BLOCK 1,VALLEY PARK 6TH ADDITION
WHEREAS, a 90.03 foot long portion of a 40 foot wide drainage and utility easement has
been dedicated 99.97 feet south of the northern point of the lot line (20 feet on each side) between
Lot 1 and Lot 2, Block 1, Valley Park 6th Addition; and
WHEREAS, it has been made to appear to the Shakopee City Council that portions of the
aforementioned drainage and utility easements serve 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 16th day of May, 1995; and
WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY
NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor
of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the
Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be
heard at the public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA:
1. That it finds and determines that the vacation hereinafter described is in the public interest;
2. That the 90.03 foot long portion of the 40 foot wide drainage and utility easement located
99.97 feet south of the northern point of the lot line between Lot 1 and Lot 2, Block 1, Valley
Park 6 Addition serves no further public need;
3. That all that part of the 90.03 foot long portion of the 40 foot wide drainage and utility
easement located 99.97 feet south of the northern point of the lot line (20 feet on each side)
between Lot 1 and Lot 2, Block 1, Valley Park 6 Addition, Scott County, Minnesota, be, and
the same hereby is vacated;
4. That the approval of this vacation is contingent upon reserving a 10 foot wide by 17 foot long
portion of the drainage and utility easement located in the southeast corner of the area
proposed to be vacated (See Attachment 1 attached hereto and incorporated herein); and
5. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the
County Auditor and County Recorder of Scott County.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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CONSENT
Memo To: Shakopee Planning Commission
From: Terrie A. Thurmer, Assistant City Planner:
RE: Vacation of a Portion of the 40 Foot Wide Drainage and Utility Easement
Located between Lot 1 and Lot 2,Block 1, Valley Park 6th Addition
Meeting Date: May 4, 1995
INTRODUCTION
The City has received a petition from Shakopee Valley Printing, Inc. for the vacation of a 90.03 foot
long portion of the 40 foot wide drainage and utility easement located adjacent to the original lot line
(20 feet on each side)between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition. The City Council
will hold a public hearing on May 16, 1995,to consider this vacation request. A recommendation from
the Planning Commission is needed for the vacation process.
BACKGROUND
Attached is a copy of the zoning map showing the location of Lot 1 and Lot 2, Block 1, Valley Park
6th Addition. (See Exhibit A.) Valley Park 6th Addition was platted in 1979. Also attached is a copy
of the original Valley Park 6th Addition plat which shows the location of the portion of the existing
drainage and utility easement. (See Exhibit C.) The portion of the easement that is being considered
for vacation is 90.03 feet long by 40 feet wide, and is located 99.97 feet south of the northern point of
the lot line between Lot 1 and Lot 2,Block 1,Valley Park 6th Addition.
In 1989, a Minor Subdivision was approved to divide Lot 1 and Lot 2 into Parcels A, B, C, and D.
The approved change in lot lines is provided on Exhibit C. Also in 1989, the City approved a request
to vacate the northern 99.97 feet of the drainage and utility easement between Lot 1 and Lot 2 (except
the northern 20'). The portion of the easement vacated in 1989 is shown on Exhibit D The approval
of this vacation request would extend the vacated easements farther to the south.
DISCUSSION
This request is being made in order to connect the existing structures located on Lot 1 and Lot 2. The
applicant has also submitted a request to combine these two lots into one lot through the Minor
Subdivision process. For a better understanding of the result of this vacation, the Planning
Commission may want to refer to the attached Exhibit D. This exhibit provides the following
illustrations:
Exhibit D:
1. Shows the location of the original lot line between Lot 1 and Lot 2, Block 1, as
it was platted with Valley Park 6th Addition in 1985.
2. Shows the location of the 79.97 foot portion of the 40 foot wide(20 feet on each side
of the lot line)portion of the drainage and utility easement that was vacated in 1989.
1
3. Shows the location of the portion of the 90.03 foot long by 40 foot wide (20
feet on each side of the lot line) drainage and utility easement which is being
proposed for vacation.
This easement is the standard drainage and utility easement provided around the exterior lot lines as
part of the original subdivision process. This request was sent to all interested City departments and
utility companies and none of these reviewers have any plans to use this easement. With the
combination of these lots through the minor subdivision process, this easement will no longer be on the
exterior lot line and therefore serves no public purpose.
The approved 1995 draft Comprehensive Plan has designated the area for heavy industrial
development. The purpose of the Heavy Industrial (I-2) Zone is to provide an area for industrial uses
in locations remote from residential uses and in which urban services and adequate transportation exist.
It allows for a variety of heavy industrial activities such as manufacturing, fabrication, processing,
assembly, storage and warehousing, wholesale distribution and sales, research and development, and
office activities. Commercial activities, other than the retail sales of heavy industrial, manufacturing, or
construction machinery and/or equipment would not be allowed. The vacation of the portion of this
drainage and utility easement will not conflict with the goals of the Comprehensive Plan.
ALTERNATIVES
1. Recommend to the City Council the vacation of the 90.03 foot long portion of the 40 foot
wide drainage and utility easement located along the lot line between Lot 1 and Lot 2, Block 1,
Valley Park 6th Addition.
2. Recommend that the City Council the denial of the request to vacate the 90.03 foot long
portion of the drainage and utility easement.
3. Table the decision to allow staff or the applicant to provide additional information.
STAFF RECOMMENDATION
Staff recommends Alternative No. 1.
ACTION REQUESTED
Offer a motion to recommend to the City Council the vacation of the 90.03 foot long portion of the 40
foot wide drainage and utility easement lying south of a point beginning 97.97 feet south of the
northern most point of the lot line between Lot 1 and Lot 2, Block 1, Valley Park 6th Addition, and
move its approval.
{PLANCOMM\VACEASAS.MAY}
2
EXIIIBIT A
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EXHIBIT B
( , shakopee valley printing
/ 5101 valley industrial boulevard south • p.o. box 359•shakopee,mn 55379•612-445-8260
FAX 612-496-0007
DATE 3-20-95
ATTENTION: CITY OF SHAKOPEE
I AM REQUESTING A VACATION FROM AN OLD PROPERTY LINE THAT RUNS
BETWEEN OUR TWO BUILDINGS. THERE IS AN EXISTING VACATION ALREADY
IN PLACE ON THIS PROPERTY LINE LOCATED ON THE NORTHERN MOST PART
OF THE BUILDING STRUCTURE APPROX;.MATELY 84' LONG NORTH TO SOUTH
BY 40' WIDE EAST TO WEST. THIS VACATION SERVES A HALLWAY BETWEEN
BOTH STRUCTURES . I WOULD LIKE TO CHANGE THE VACATION TO 170'
LONG NORTH TO SOUTH BY 40' WIDE EAST TO WEST AND POSSIBLY TWO
STORIES TALL. THIS SPACE WOULD CENTRALLY LOCATE THE CAMERA
DEPARTMENT BETWEEN BOTH FACILITIES .
THANK YOU
SVP MAINTENANCE iSUPERVISQ
ROGER BAUER 111 - Q�L�_
CC.
SVP PRESIDENT
KEN THEIS
APR 0 4 1995
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RESOLUTION NO. 4218
A RESOLUTION OF THE CITY OF SHAKOPEE
APPROVING THE VACATION OF A PORTION OF THE
40 FOOT WIDE DRAINAGE AND UTILITY EASEMENT
LOCATED 99.97 FEET SOUTH OF THE NORTHERN POINT OF THE LOT LINE
BETWEEN LOT 1 AND LOT 2,BLOCK 1,VALLEY PARK 6TH ADDITION
WHEREAS, a 90.03 foot long portion of a 40 foot wide drainage and utility easement has
been dedicated 99.97 feet south of the northern point of the lot line (20 feet on each side) between
Lot 1 and Lot 2, Block 1, Valley Park 6th Addition; and
WHEREAS, it has been made to appear to the Shakopee City Council that portions of the
aforementioned drainage and utility easements serve 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 16th day of May, 1995; and
WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY
NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor
of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the
Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be
heard at the public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA:
1. That it finds and determines that the vacation hereinafter described is in the public interest;
2. That the southerly 90.03 feet of the northerly 190.00 feet of the 20-foot wide drainage and
utility easement abutting the easterly line of Lot 2, Block 1, Valley Park 6th Addition, Scott
County, Minnesota, AND the southerly 90.03 feet of the northerly 190.00 feet of the 20-foot
wide drainage and utility easement abutting the westerly line of Lot 1, Block 1, EXCEPT the
easterly 17 feet of the southernmost 10 feet thereof, all located in Valley Park 6th Addition,
Scott County,Minnesota, serves no further public need;
3. That all that part of the southerly 90.03 feet of the northerly 190.00 feet of the 20-foot wide
drainage and utility easement abutting the easterly line of Lot 2, Block 1, Valley Park 6th
Addition, Scott County, Minnesota, AND the southerly 90.03 feet of the northerly 190.00 feet
of the 20-foot wide drainage and utility easement abutting the westerly line of Lot 1, Block 1,
EXCEPT the easterly 17 feet of the southernmost 10 feet thereof, all located in Valley Park 6th
Addition, Scott County, Minnesota, be, and the same hereby is vacated; and
4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the
County Auditor and County Recorder of Scott County.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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MEMO TO: Dennis R. Kraft, City Administrator �l b
FROM: Bruce Loney, Public Works Director /'•
SUBJECT: Fuller Street Improvements,
from 10th Avenue to Vierling Drive - Project No. 1995-8
DATE: May 16, 1995
INTRODUCTION:
Attached is Resolution No. 4210, ordering an improvement and the preparation of plans and
specifications for sanitary sewer, watermain, storm sewer, sidewalk and street improvements on
Fuller Street from 10th Avenue to Vierling Drive, Project No. 1995-8.
BACKGROUND:
On February 21, 1995, the City Council ordered the preparation of a feasibility report for
improvements to Fuller Street By Resolution No. 4177. The feasibility report was initiated by
the City to provide a paved collector in this area and provide access to the Civic Center.
The feasibility report has been completed and was submitted to City Council on April 18, 1995.
A public hearing was scheduled for May 16, 1995 by Resolution No. 4211 to consider the
improvements. PLEASE BRING YOUR FEASIBILITY REPORT FROM THE APRIL
18TH CITY COUNCIL PACKET.
Staff will give a presentation on the feasibility report at the public hearing. At the conclusion
of the public hearing, if the City Council determines that the project should be constructed,
attached is Resolution No. 4219, which orders plans and specifications for this project.
Fuller Street exists as a 44 foot wide paved roadway from 10th Avenue to 11th Avenue. This
section of roadway was paved around 1958 and is in need of reconstruction. The remaining
segment of Fuller Street is a new roadway which will be realigned to connect with County Road
(C.R.) 77 (Apgar Street). Associated with this street improvement is the installation of sanitary
sewer, watermain, storm sewer and sidewalk.
The main issues with the proposed project are the following:
1. The relocation of a collector from C.R. 77 to Fuller Street.
2. Proposed sidewalk installation on both sides of Fuller Street.
3. Sanitary sewer assessment to Meadows North.
On Issue #1, the City and County Highway Department have been working on the realignment
of C.R. 77 to Fuller Street. With this realignment, the County would propose to turnback C. R.
77 to the City since a County collector road is not necessary as the County road spacing between
C.R. 15 - C.R. 77 and C.R. 77 - C.R. 79 is less than 1/2 mile. This spacing of County roads is
to close to warrant all three roadways. In turning back C.R. 77 to the City, the County will be
providing $277,000.00 towards the construction of Fuller Street.. A County Cooperative
Agreement has been prepared and is on the Council agenda for review and approval.
Issue #2 is in regards to sidewalks on both sides of this local collector. Staff is proposing
sidewalks on both sides due to the pedestrian traffic that will be generated by the Civic Center
and ballfields. This design is similar to Vierling Drive west of C.R. 15.
Issue #3 is on the sanitary sewer assessment for the sanitary sewer extension from V.I.P. trunk
sewer to the Meadows North site. This sewer line will be located on the Civic Center site. In
the feasibility report, the sanitary sewer line is being assessed to Meadows North only as the
benefitting area. The Civic Center building will have a service line connecting directly to the
V.I.P. trunk sewer. The developer of Meadows North, Gold Nugget Development, believes the
Civic Center site should be required to extend sanitary sewer through the site as per the City's
development policy.
Staff has met with the developer and tentatively agreed that a 50%-50% cost split of the sanitary
sewer line should be considered for assessment purposes. This cost split is appropriate as the
obligation of a development is to extend sanitary sewer from plat line to plat line and with
assessments the main criteria is to assess the improvement to benefitting property.
Staff will discuss these issues at the public hearing and seek Council direction as well as approval
of Resolution No. 4219.
ALTERNATIVES:
1. Adopt Resolution No. 4219 which orders plans and specifications prepared for this
project.
2. Do not adopt Resolution No. 4219.
3. Table Resolution No. 4219.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 4219, which orders plans and
specifications prepared for this project.
ACTION REOUESTED:
1. Offer Resolution No. 4219, A Resolution Ordering an Improvement and the Preparation
of Plans and Specifications for Fuller Street, from 10th Avenue to Vierling Drive, Project
No. 1995-8 and move its adoption.
BL/pmp
MEM4219
RESOLUTION NO. 4219
A Resolution Ordering An Improvement And
The Preparation Of Plans And Specifications For
Fuller Street, From 10th Avenue
To Vierling Drive
Project No. 1995-8
WHEREAS, Resolution No. 4211, adopted on April 18, 1995, fixed a date for Council
hearing on the proposed improvement of Fuller Street, from Vierling Drive to 10th Avenue by
grading, curb & gutter, storm sewer, sidewalk, sanitary sewer, watermain and appurtenant work;
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 16th day of May, 1995, 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 ordered as hereinafter described:
Fuller Street, from Vierling Drive to 10th Avenue by grading, curb & gutter,
street, storm sewer, sidewalk, sanitary sewer, watermain and appurtenant work.
2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this
improvement, and shall prepare plans and specifications for the making of such improvement.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
baa ,
Memo To: Dennis Kraft, City Administrator
From: Terrie A. Thurmer, Assistant City Planner__-
Date: May 16, 1995
RE: Planned Unit Development: Canterbury Park
Based upon a meeting with the City Attorney, Mr. Bruce Malkerson has provided the attached
revisions to the proposed uses within Canterbury Park. These revisions are to replace pages 14, 15,
and 16 of the information enclosed with the staff memo in the May 16, 1995, Agenda Packet.
Also attached is a copy the revised version of Ordinance No. 417, as per the City Attorney.
5
FROM POPHAM HAIK ET. AL. (TUE) 5. 16' 95 11 :55/ST. 11 :24/N0. 3760044342 P 2
POPHAM HAIK
9C114NOYRICH ar KAUFMAN, LTD.
INCLVDING TMC Lw.r P..rTICC
MASON, reNwlcic Or UAWRENCZ, ESTAeLISHE0 1801
U.3.Ori,Ce:
ACCII.wr+?N::
sums 3300
Tc,302-sea-1 too
8C41ND.C,.IN•
222 SOUTH NINTH STR6ET TCL 0111161.S19n261
MIAMI.FLDlgrp4 M1NNr APDLI8 MI NP 35402-3336 LEIPZIG.(1c.MAN,
T6L 903-130-0460
TEL 612-393.4800 • FAx 612-3114-6808 TCL ol1a,541-4014429
M/w...NctoN,D.C.
1eL:os-Ss4-•0Q0
TGL 01149.711-W63
Minute D.MALRERHON.rsq.
DIRECT 01AL(01Z)334-2000
May 16. 1995
Ms. Karen Marty VIA TELECOPIER
City Attorney AND U.S. MAIL
Shakopee City Hall
129 Holmes Street South
Shakopee, MN 55379
Re: Canterbury Park PUD
Our File No. 17211-002
Dear Ms. Marty:
Based upon our meeting prior to the recent Planning Commission meeting, I have
consolidated some of the requested uses into general use categories as you suggested. I
enclose for reference purposes pages 14-16 from my letter dated April 25, 1995 to the
Planning Commission which listed all the uses in more detail and the new list of general use
categories related thereto.
Please review and call to discuss the enclosed.
Very truly yours,
114_61kLAA,u,
Bruce D. Malkerson
cc: Randy Sampson
Stan Bowker
Terrie Thurmer, Assistant City Planner
W EC1 IIV D
0151220321545/16195 MAY 1 6 1995
FROM POPHAM HAIK ET. AL. (TUE) 5. 16' 95 11 :55/ST. 11 :24/NO. 3760044342 P 3
1. Class A licensed horse racetrack which includes customary accessory uses,activities and facilities.
2 Class B licensed horse racetrack which includes customary accessory uses,activities and facilities.
3. Simulcast racing,which includes customary accessory uses,activities and facilities.
4. Commercial recreation which is defined as structures and open space designed,constructed and
operated by private enterprise for recreational purposes and open to the general public.
5. Employee housing and dormitories presently cxistiug in the backside.
6. Retail sales.
7. Theatre,dance,concerts,live music,and other entertainment.
8. Convention center,shows,coafercncc center.
9. Circuses/carnivals.
10. Fireworks.
11. Temporary tents and structures.
12. Motorized vehicle events.
13. Class II restaurants including sale of alcoholic beverages with appropriate City liquor license_
14. Health and athletic facilities.
15. Horse care uses including boarding,training,showing,grooming and veterinary clinic facilities.
16. Interior and exterior commercial storage of boats and recreational vehicles.
17. Existing structures and physical improvements.
18. Off street parking as presently located to be used as needed for all of above uses.
1
19. Uses similar in nature to the above.
20. Administrative,executive and professional offices related to the above uses.
21, Multiple buildings per lot.
22. Except as provided herein,all uses of the site shall be in compliance with all federal,atatc and city
regulations including,but not limited to,health and environmental code requirements.
015/220E2157 5116195
FROM POPHAM HAI K ET. AL. (TUE) 5. 16' 95 11 :56/ST. 11 :24/N0. 3760044342 P 4
' Ut
1/11 April 25, 1995
Page 14
U —v ---
Use# Use Name Use Area Map
No.
A. Commercial recreation, major.
1. Class A licensed horse racetrack which includes customary 1
accessory uses, activities and facilities.
1111 2. Class B licensed horse racetrack which includes customary 1
accessory uses, activities and facilities.
U 3. Simulcast racing. which includes customary accessory uses, 1
activities and facilities.
4. Commercial recreation which is defined as structures and open 1
01 space designed, constructed and operated by private enterprise
for recreational purposes and open to the general public.
U 5. Employee housing and dormitories presently existing in the 2
w backside.
6. Food and drink concessions, program sales, tip sheet sales, etc. 3
7. Horse racing and workout area. 3
8. Hotwalkers in the backside. 2
9. Horse auctions. 3
10. Horse barns in the backside. 2
i 11. Sales of feed and tack in the backside. 2
1
' 12. Live music. 4
13. Trade and travel shows. 4
14. Collectible shows- 4
15. Circuses/carnivals. 1
16. Public safety training. 1
17. Public service events. 1
18. Winterfest. 4
19. Snowmobile racing. 3
015r22099348 425195
FROM POPHAM HAIK ET. AL. (TOE) 5. 16' 95 11 :56/ST. 11 :24/NO. 3760044342 P 5
s ,
April 25, 1995
Page 15
Use# Use Name Use Area Map
No.
20. Product shows for cars, vehicles, equipment, boats and home, 4
etc.
21. Temporary tents. 1
■ 22. Fireworks. 4
■ ` 23. Autumn/spring arts and crafts festival. 4
24. Shakopee Showcase. 1
25. Vehicle performance events. 5
B. Restaurants, Class II
1. Class II Restaurant including sale of alcoholic beverages with 6
appropriate City liquor license.
C. Hotels,motels and conference centers. •
1. Conference center.
6
12, florae care uses including boarding, training,
showing, grooming and veterinary clink facilities.
1. Horse care uses including boarding, training, showing, 3
grooming and veterinary clinic facilities.
E. Retail uses and entertainment facilities.
1. Retail sales related to all of the other approved uses. 1
F. Administrative,executive, and professional offices.
1. The basement of the grandstand, the administration building in 7
the backside, the harness paddock building, ticket sales
building.
G. Health and athletic facilities.
1. Ballfields, play area within the practice track in the backside. g
1. Private club on the third floor of the grandstand, historically N/A
known as the "Turf Club".
O1S/2207934E 4/25,95
FROM POPHAM HAIK ET. AI,. (TUE) 5. 16' 95 11 :56/ST. 11 :24/N0. 3760044342 P 6
1 April 25. 1995
Page 16
Use# Use Name Use Area Map
No.
N. Developments containing more than one principal
Jstructure per lot.
1• All existing buildings and structures since they are all located 1
on one lot or parcel.
O. Other uses similar to those permitted in this
subdivision as determined by the Board of
Adjustment and Appeals.
1. Indoor and outdoor storage of equipment used in the operation 3
. of the Uses.
2. Commercial storage of boats and recreational vehicles, interior 9
and exterior.111 AMMO.3. Banners and signs on the exterior of the grandstand. N/A
4. Uses similar in nature to the above (with the correlating Use N/A
Area Map).
5. Existing structures and physical improvements. 1
6. Off street parking as presently located at the subject property 1
to be used as needed for all approved uses.
7. Any of the above enumerated uses (with the correlating Use N/A
Area Map) if it is found they do not belong to the other use
category set forth above for same
Miscellaneops Clarifications and Limitations on the Above Approved Usim Based Upon
9uesilons Posed by the Planning Commission,
1. Liv Music, Our intent was only to obtain approval in the PUD for the use of live
music as has been conducted in the past. We referred the Planning Commission to the
text in our prior letter and in this letter which states:
5. Live Music. Outdoor/indoor; public and private. All types of music
from rock and country to jazz and classical to marches and inspirational.
The music has been done in background and atmosphere format as well
as for concerts and dances. Performers have ranged from well-known
professionals to amateurs from schools and communities.
Approximately one hundred events have attracted hundreds of
performers and thousands of spectators.
41522079346 4/7-5I95
ORDINANCE NO. 417, FOURTH SERIES
AN ORDINANCE OF 1'HE CITY OF SHAKOPEE,MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03
BY REZONING LAND COMMONLY KNOWN AS CANTERBURY PARK FROM
RACE TRACK DISTRICT
TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO.3.
WHEREAS,the owners of the land described on Exhibit A, commonly known as Canterbury
Park, submitted an application requesting rezoning from Racetrack District (RTD) to Planned Unit
Development Overlay Zone; and
WHEREAS, notices were duly sent and posted, and a public hearing was held on May 4,
1995, at which time all persons present were given an opportunity to be heard; and
WHEREAS,the Planning Commission voted to recommend approval of the rezoning request
to the City Council.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS:
Section 1 - That the zoning map adopted by reference in City Code Sec. 11.03 is hereby
amended by rezoning land described on Exhibit A., commonly known as Canterbury Park, from Race
Track District to Planned Unit Development Overlay Zone No. 3.
Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone,
except as modified below.
I. The Project shall operate in accordance with the plans in the informational package submitted
by the applicant and dated April 25, 1995, and all Exhibits and Attachments.
II. All uses at the site shall be in compliance with all federal, state, and City requirements
including, but not limited to, health and environmental code requirements.
III. A variance to Section 11.81, Subd. 5, regarding Number of Buildings Per Lot is hereby
approved.
IV. The following procedural actions must be taken:
A. A Development Agreement stating the conditions of approval of the PUD must be filed
with the Scott County Recorder.
B. The Mayor and City Clerk are hereby authorized and directed to execute the
Development Agreement for the Planned Unit Development.
3
Section 3 - That Ordinance No. 377, An Ordinance of the City of Shakopee, Minnesota,
Amending the City Code by Repealing Chapter 11, Land Use Regulations(Zoning); Sec. 2.90, Official
Maps - Effect and procedures, of Chapter 2, Administration and General Government; and Sec. 4.30,
Signs - Construction, Maintenance and Permits, of Chapter 4, Construction Licensing, Permits and
Regulations; and adopting one New Chapter in Lieu Thereof Relating to the Same Subject is hereby
amended by deleting the last sentence of Section 6-Effective Date.
Section 4 - Effective Date. This ordinance becomes effective from and after its passage and
publication.
Passed in session of the City Council of the City of Shakopee, Minnesota, held
this day of , 1995.
Mayor of the City of Shakopee
Attest:
City Clerk
Approved as to form:
City Attorney
Published in the Shakopee Valley News on the day of , 1995.
4
I) a1
CONSENT
Memo To: Dennis Kraft, City Administrator
From: Terrie A. Thurmer, Assistant City Planner ,x
Date: May 10, 1995 `1
RE: Planned Unit Development: Canterbury Park
Introduction
The applicant is requesting the approval of a Planned Unit Development for Canterbury Park. The
subject site is located south of TH 101, west of CR 83, and north of CR 16. The site was recently
rezoned from Racetrack District (RTD) to Major Recreation (MR) with the adoption of the revised
Zoning Ordinance.
At their meeting on May 4, 1995, the Planning Commission recommended approval of the Planned
Unit Development to the City Council. A copy of the Planning Commission staff memo has been
attached for your reference.
Discussion
The approval of this PUD by the City Council will bring the site into compliance with the "Mandatory
PUD District" in which it is located. The information provided by the applicant shows the site as it
exists today. There are no major building changes being proposed at this time.
The applicant has provided an informational package for review by the City Council. This information
also provides clarification of the concerns raised by the Planning Commission during the April 6, 1995,
conceptual review of the PUD. These responses start on page 16 of the informational package. Please
note that item No. 1 refers to"Live Music", and states, "We specifically understand that we could not
build an amphitheater (as was proposed by our predecessors in title) without prior zoning approval
from the City".
Alternatives
1. Approve the Planned Unit Development.
2. Do not approve the Planned Unit Development, stating the reasons for denial.
3. Table the decision, and request additional information from the applicant and/or staff.
Planning Commission Recommendation
The Planning Commission has recommended the approval of the Planned Unit Development for
Canterbury Park (Alternative No. 1), subject to conditions.
Action Requested
Offer Ordinance No. 417, An Ordinance Amending the Zoning Map by Rezoning Land Commonly
Known as Canterbury Park from Race Track District to Planned Unit Development Overlay Zone No.
3, and move its adoption. {CITYCOUN\PUDCANTE.516}
ORDINANCE NO. 417, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING'1'HE;ZONING MAP ADOPTED IN CITY CODE SEC. 11.03
BY REZONING LAND COMMONLY KNOWN AS CANTERBURY PARK FROM
RACE TRACK DISTRICT
TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO.3.
WHEREAS, the owners of the land described on Exhibit A, commonly known as Canterbury
Park, submitted an application requesting rezoning from Racetrack District (RTD) to Planned Unit
Development Overlay Zone; and
WHEREAS, notices were duly sent and posted, and a public hearing was held on May 4,
1995, at which time all persons present were given an opportunity to be heard; and
WHEREAS, the Planning Commission voted to recommend approval of the rezoning request
to the City Council.
THE CITY COUNCIL OF 1'H.E CITY OF SHAKOPEE,MINNESOTA, ORDAINS:
Section 1 - That the zoning map adopted by reference in City Code Sec. 11.03 is hereby
amended by rezoning land described on Exhibit A., commonly known as Canterbury Park, from Race
Track District to Planned Unit Development Overlay Zone No. 3.
Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone,
except as modified below.
I. The Project shall operate in accordance with the plans in the informational package submitted
by the applicant and dated April 25, 1995, and all Exhibits and Attachments.
II. All uses at the site shall be in compliance with all federal, state, and City requirements
including, but not limited to, health and environmental code requirements.
III. A variance to Section 11.81, Subd. 5, regarding Number of Buildings Per Lot is hereby
approved.
IV. The following procedural actions must be taken:
A. A Development Agreement stating the conditions of approval of the PUD must be filed
with the Scott County Recorder.
Section 3-Effective Date. This ordinance becomes effective from and after May 16, 1995.
Passed in session of the City Council of the City of Shakopee, Minnesota, held
this day of , 1995.
Mayor of the City of Shakopee
Attest:
City Clerk
Approved as to form:
City Attorney
Published in the Shakopee Valley News on the day of , 1995.
.
.
• PaL1BIT "A" •
PARCEL It The Northoaat Quarter of the Southeast Quarter of Section 5, Township 115', .'
Range 22, Scott County, Minnesota, excepting therefrom: The wept 150.0 feet of the
. north 333.0 feet, of said Northeast Quarter of the Southoaot Quarter of Section 5,
. Township 115, Range 22. " ' ,
•
PARCEL. IIs The South half of the Southeast Quarter of Soction 5, Township 115, Range ;
22, Scott County, Minnesota.
.
• .PARCEL III: The Southwest Quarter of the Southwest Quarter of section 4, Townnhip 115,
• . Range 22, Scott County, Minnesota. •
»• A$CEi. Iv; The Northwest Quarter of Section 9, Township 115, Range 22, Scott County,,•
Minn000ta, excepting therefrom that part lying south, southwesterly and southeasterly
. of the following described line ("Line A") :
• Line, A: Commencing At the southeast corner of paid Northwest Quarter of Section. 9;• :
. *thence on an asaumod bearing of north •1 degree 10 minutes. 22 eeconda west along the
east line of said Northwest Quarter a 'distance of 730.00 feet to the point of boginnin,
of the line to bo described; thence south 80 dogrees 49 minutes 38 seconds west a ' '
distance of -2572.09 feet; thence along a tangential curve concave to the north, having
., .a radius of '1,321.00 feet, a•central angio of 64 degrees 32 minutes 00 eeconda, an arc
• .length of 1,487.87 feet; thence. south 63 degrees 21 minuten 38 seconds west (not r
tangent to said curve) a distance of 200 feet more or less to the west line of said
•
East Half of the Nartheaot Quarter of said Section 0 and there terminating. .
PARCEL Vs That part of the Eact •half of tho Northeast Quarter of Section 8, Townehlp•
115, Range 22, Scott County, Minnesota, except that part of said East half of the. .
Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lyinc
south, southwesterly and aoutheaaterly of tho following described line ("Line .A") :-
' Lino A: Commencing at the southeast corner of said Northwest Quarter of Section 9;:'
thence on an assumed bearing of north 1 degree 10 minutes 22 seconds went along the
east ling of said Northwest Quarter a distance of 730.00 feat to the point of beginrii:
' of the line to be described; thence south 00 degrees 49 minutes 38 seconds west a
distance of 2572.39 feet; thence 'along a tangential curve concave to the north, Navin
a radius of 1,321.00 fest, a central angle of 64 degrees 32 minutes 00 acconds,• an er
1tsi,t t.h ut 1,407.07 tIIcL) thcnco mouth 53 dogrova 31 minutes 32 u r.onds went (not
. tangent to said curve) a distance of 200. feet more or loss to the west line of said
East Half of the Northeast Quarter of said Suction 3 and there terminating. ,
Memo To: Shakopee Planning Commission
From: Terrie A. Thurmer, Assistant City Planner '
Meeting Date: May 4, 1995
Re: Planned Unit Development: Canterbury Park
Site Information
Applicant: Canterbury Park Holding Corporation
Location: 1100 Canterbury Road
Current Zoning: Major Recreation(MR) (See Exhibit A.)
Adjacent Zoning: North: I-1 Light Industrial
South: RTD Racetrack District
East: I-2 Heavy Industrial
West: RTD Racetrack District
Comp.Plan: 1980: Heavy Industrial
Draft 1995: Entertainment
Area: Approximately 325 acres
MUSA: The site is within the MUSA and can be served by all municipal utilities
Introduction
The applicant is requesting the approval of a Planned Unit Development for the Canterbury Park. The
subject site is located south of TH 101, west of CR 83, and north of CR 16. The site was recently
rezoned from Racetrack District (RID) to Major Recreation (MR) with the adoption of the revised
Zoning Ordinance.
The purpose of the Planned Unit Development Overlay Zone (PUD) is to encourage innovation,
variety and creativity in site planning and architectural design; to maximize parcels of land as a unit; to
provide for greater efficiency in the use of land, streets, and energy; to protect important natural and
cultural landscape features; to preserve open space; and to provide quality living, working shopping,
and recreating environments for residents and visitors.
Uses permitted in a PUD are limited to the permitted, conditional, and accessory uses allowed in the
underlying zone, except as specifically authorized in the development plan. Uses may consist of one or
a mixture of land uses as designated in the approved development plan. The City may place more
restrictive conditions on the mixture of uses within a PUD to ensure preservation of the public health,
safety, and welfare, compliance with the intent of the PUD chapter, and that land uses occurring within
the PUD and between the PUD and the surrounding land uses, do not conflict.
The approval of this PUD by the City Council will bring the site into compliance with the "Mandatory
PUD District" in which it is located. This approval will also permit the applicant to apply for future
approvals, including Building Permits, and other required City approvals.
The information provided by the applicant shows the site as it exists today. There are no major
building changes being proposed at this time. The applicant has listed several uses in the attached
information package. The Planning Commission should review this information package, along with
the uses listed (starting on page 10). Please note that the applicant has also provided responses to the
concerns raised during the April 6, 1995, conceptual review of the PUD. These responses start on
page 16 of the informational package.
Criteria for Granting a Planned Unit Development Application
Section 11.83, Subd. 8, states that the City Council is required to its decision to grant or deny an
application for a planned unit development upon the following factors:
1. Whether the proposed development is consistent in all respects with the comprehensive plan and
with this ordinance(Section 11.50,Planned Unit Development Overlay Zone);
2. Whether the proposed development, including deviations from design standards of the underlying
zones, is compatible with surrounding land uses; and
3. Whether the proposed development, including deviations from development standards of the
underlying zone, provides adequate open space, circulation, parking, recreation, screening, and
landscaping.
Background
The City granted the necessary approvals for the construction of the horse racing facility in 1993-84.
Because the height of the grandstand and the light poles were proposed to exceed the 45 foot height
limitation, a Conditional Use Permit was requested and approved in November of 1983. In 1994, an
Environmental Impact Statement(EIS)was prepared which addressed the following issues:
0 Off-site Road Access.
0 On-site and off-site storm drainage.
0 Discharge of sanitary sewer.
0 Availability of municipal water.
0 Noise levels.
0 Air Quality measures.
0 Solid Waste disposal procedures.
Because the site was not located within a Mandatory Planned Unit Development District at the time
that it was originally constructed, the approval of a Planned Unit Development was not required.
2
Considerations
1. During the Zoning Ordinance update process, it was agreed that the PUD process was the most
appropriate method for providing the applicants with the flexibility necessary to continue operating
as they have in the past, while providing the City with the necessary control for guiding the
development of the site.
With this PUD, the applicants are proposing a conceptual site plan. They are not requesting
approval for any specific changes, or for any physical additions to the facilities. Please refer to the
enclosed information package submitted by the applicant for additional information.
2. Canterbury Park has added numerous structures to the site over the past ten years. However, the
zoning regulations technically only allow one principal structure per parcel. The approval of this
PUD will provide the necessary approval to allow more than one principal structure on the site.
3. During this process, the site was also rezoned from Racetrack District (RTD) to Major Recreation
(MR). The purpose of the Major Recreation Zone is to create a high quality environment for large
amusement and recreation attractions with a regional draw, with a high degree of land use
compatibility and street efficiency. It is further the intent of the zone to protect existing landscape
features, to preserve open space, to sensitively integrate development with the natural landscape,
and to require the planning of entire land ownerships as a unit rather than permit piecemeal or
scattered small developments. Attached is a copy of the MR Zone regulations.
4. The site plans included in the information packet illustrate the existing site. Other than the multiple
structure issue (which would be readily resolved with the approval of the PUD), regulation of the
facility and special projects can be accommodated with the Building Permit process. However, the
construction of any major buildings would require further review in the PUD, and an amendment
to the PUD would need to be pursued.
5. The approval of a PUD requires that a Development Agreement be filed with the Scott County
Recorder. This Development Agreement is prepared by the City Attorney in cooperation with the
applicant, and it specifies the terms and conditions of approval based upon the decisions made by
the City Council during the approval process. In order to prepare this document, the City
Attorney has been in contact with the Attorney for the applicant, and additional information
required for the preparation of this document will soon be provided. This information is
supplemental and will be passed on to the Planning Commission as soon as it is submitted.
Alternatives
1. Recommend to the City Council the approval of the Development Plans for the proposed
Canterbury Park Planned Unit Development, subject to conditions.
2. Modify the recommended conditions, and then recommend approval of the Development Plans
to the City Council.
3
3. Recommend denial of the request for approval of the Development Plans to the City Council.
4. Continue the public hearing and request additional information from the applicant and/or staff
Staff Recommendation
Staff recommends approval of the Development Plans for the Canterbury Park Planned Unit
Development, subject to the following conditions:
1. The Project shall operate in accordance with the plans in the informational package
submitted by the applicant and dated April 25, 1995, and all Exhibits and Attachments.
2. All uses at the site shall be in compliance with all federal, state, and City requirements
including, but not limited to, health and environmental code requirements.
3. A variance to Section 11.81, Subd. 5, regarding Number of Buildings Per Lot is hereby
approved.
4. The following procedural actions must be taken:
a) A Development Agreement stating the conditions of approval of the PUD must be filed
with the Scott County Recorder.
Action Requested
Offer a motion to recommend to the City Council the approval of the Development Plan for the
Canterbury Park Planned Unit Development, and move its approval.
(PLANCOMM\PUDCANTE.MAY)
4
• EXHIBIT A •
�
_ MR
1 N, 41.
\Oi A.,,s i r-------------_________:,_
--------
Illy a .42
•
,fir`
vkix, I 2 (7,4,4, / i
lk Vit 4c
' igil','Ilinigg:::::.,.*:::,I.::':::::::::!,•,.,',,':•;,•,:::',•..::,::,:, 4p1 : Et I
•
SUBJECT SITE >
1 � I
P
.'' g1:6:::.:::. 0,:::.,1i,....:..:',...::::14i.:.11.1.i.:i.ii1;.iii..:41.,
�Atz4.. r.
vts 4
�'� . l�14.1%.4* i RT PP - B1 —
8 - ' 4.4\. Tisi ,,,-a •
"tt"` — B 1 11 .,.
1,A.w
- --
_________7:05-'4
_ RR ,��� .
�� ���.�:
77 AG AGRICULTURE .
irrir
I er,
R' ��-tiI R1A LO'W� DEiNSITY R=SIDENT rI P,1B URBAN RESIDEN IAL 1 A,4r �iI RIC OLD SH,AKOPEE RESIDE�:T=.:L Vt,e.
I R2 MED;UM DENSITY RESIDFN =.L 1
I R3 MULTIPLE FA1;'._Y RESIDENT (/
/ •\--,--/ 16
I 81 HIGHWAY BUSiN=SS I
[ I B2 OFFICE BUSINESS !r
183 CENTRAL BUSINESS
• l I 11 LIGHT INDUSTR'r.L I m
;
I 12 HEAVY INDUSTR,AL i a
I 1 MR MAJOR RECRE;- C'y
I 1 S SHOREL?ND 1
{ AG
= F F. O-,DP --
•
" I. Zoning Map
U : y of SHAKOPEE
•. .1ING TEXT ADOPTED JUNE 7 „: : 9 4
EXHIBIT B
•
SEC. 11 .42 . MAJOR RECREATION ZONE (MR) .
•
Subd. - 1 . Purpose. The purpose of the major recreation zone is to
create a high quality environment for large amusement and •
recreation attractions with a regional draw, with a high degree of
land use compatibility and street efficiency. It is further the
intent of the zone to protect existing landscape features, to
preserve cpen space, to sensitively integrate development with the
natural landscape, and to require the planning of entire land
ownerships as a unit rather than permit piecemeal or scattered
small developments .
Subd. 2 . Permitted Uses . Within the major recreation zone, no
structure or land shall be used except for one or more of the
following uses :
A. public recreation;
B. restaurants, class I ;
C. public buildings; or
D. utility services .
' Subd. 3 . Conditional or Planned Unit Development Uses. Within the
" major recreation zone, no structure or land shall be used for the -
following uses except by conditional use permit or planned unit
development :
•
A. commercial recreation, major or minor:
B. restaurants, class II;
C. hotels, motels and conference centers;
D. horse care uses including boarding, training, showing,
- grooming and veterinary clinic facilities;
E. retail uses and entertainment facilities;
F. administrative, executive, and professional offices;
G. health and athletic facilities;
H. private lodges and clubs;
I . uses having a drive-up Cr drive-through window;
J. uti li=y service structures ;
K. day care facilities ;
I
L. relocated structures;
•
M. structures over the height allowed based on their
setback;
N. developments containing more than one principal structure
per lot ; Cr
0. other uses similar to those permitted in this
subdivision, as determined by the Board of Adjustment and
Appeals .
Subd. 4 . Permitted Accessory Uses . Within the major recreation
zone, the following uses shall be permitted accessory uses :
A. parking and loading spaces;
B. temporary construction buildings;
C. decorative landscape features; or
D. other accessory uses customarily appurtenant to a
permitted use, as determined by the Zoning Administrator.
Subd. 5 . Design Standards . . Within the major recreation zone, no
land shall be used, and no structure shall be constructed or used,
except in conformance with the following minimum requirements :
A. Density: minimum lot area : Ten acres .
B. Maximum impervious surface percentage : 80% .
C. Lot specifications :
minimum lot width: 300 feet
minimum front yard setback : one-half of that structure' s
heicht or =0 feet, whichever is greater
minimum side yard setback: one-half of that structure' s
heicht or 25 feet , whichever is greater
minimum rear yard setback : one-half of that structure' s
heicht or = 0 fee: , whichever is greater
minimum rear yard setback from residential zones : one-
half of that structure' s height or 50 feet,
whichever is greater
D. Minimum access spacing
County Roads 83 and 1. : No access is allowed other than
to public and private streets with a mini '.uam spacing of
600 feet .
Shenandoah Drive and any continuation thereof to and
including Secretariat Drive; and Fourth Avenue : Street
and driveway access points must be separated by a minimum
of 300 feet .
SEC. 11.43 . Reserved.
( 34)
MEMO TO: Shakopee City Council
FROM: Barry A. Stock, Assistant City Administrator
RE: Civic Center- Family Net Office Space
DATE: May 9, 1995
INTRODUCTION:
Attached is a correspondence from members of the Inter Agency Service Council requesting City
Council to consider providing space within the Civic Center building for a Family Net office.
BACKGROUND:
On April 26, 1995 Mayor Laurent and I had the opportunity to meet with Mary Riley and Eileen
Moran to discuss the possibility of identifying space within the Civic Center facility for a Family
Net office. In reviewing the matter, it was determined that approximately 200 sq. ft. of space
could be identified within the dimensions of the Civic Center design layout for a Family Net
office. It is important to note that the space identified for the Family Net office would
subsequently reduce the size of the meeting room proposed in the facility by a like amount. The
resultant size of the meeting room would equate to approximately 750 sq. ft.
In our discussions,the possibility of a facility lease and subsequent rental payment were
discussed. An annual lease payment in the amount of$2,700 per year(including utilities)was
proposed. This equates to a$12.00 per sq. ft. lease rate plus an annual utility cost factor in the
amount of$300.00.
The members of the design review committee felt that the issue of leasing space was a matter for
Council to discuss. Therefore, the committee recommended that the ISC present a written
request outlining their proposal. The matter of whether or not to provide for a Family Net office
within the Civic Center project is purely a Council policy issue. If City Council wishes to
pursue the establishment of space within the facility for a Family Net office, staff would
recommend that the appropriate City officials be authorized to develop a lease agreement by and
between the City of Shakopee and the ISC.
Council may wish to discuss the potential reduction of space within the Civic Center meeting
room and determine whether or not it is more valuable to have a larger meeting room. Shown in
attachment#2 is an illustration of a portion of the Civic Center plans which identifies the
proposed location for the Family Net office and it's impact on the meeting room space. Shown
in attachment#3 is the originally proposed design layout without the Family Net office space. It
should be noted that in designing the facility, a portion of both the gymnastics multi-purpose
room and ice arena mezzanine could be used to accommodate larger meetings. I would also
note that if we proceed with establishing a Family Net office in the facility,the space could be
used for future Recreation office expansion if the ISC vacates the premises.
Staff would like to request City Council to review this issue and provide direction accordingly.
A representative from the ISC will be in attendance at our meeting on May 23rd.
ALTERNATIVES:
1. Direct the appropriate City officials to develop a lease agreement by and between the City
of Shakopee and the ISC for a Family Net office within the Shakopee Civic Center.
2. Respectfully inform the ISC that the City of Shakopee does not wish to lease out space
within the Civic Center facility at this time.
3. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Direct the appropriate City officials to execute a lease agreement by and between the City of
Shakopee and the ISC for a Family Net office within the Shakopee Civic Center.
CAP.
AGENCY
May 3, 1995
Mayor Gary Laurent
Shakopee City Hall
129 South Holmes Street
Shakopee, MN 55379
Dear Mayor Laurent:
Thank you for the opportunity to meet with you and Barry Stock to discuss the feasibility of a Family Net
office in the Shakopee Community Center. As you suggested, we are following up with a written request for
the City Council's consideration.
Family Net is the name given to the health, social services and educational services redesign that has been in
development over the past ten months. Family Net includes services provided by CAP Agency, Scott County
Human Services, Scott County Corrections, schools, community education, the Extension Service and the
Minnesota River Valley Special Education Cooperative.
One of the goals of the system redesign is to ensure that families in need of any kind of support and help will
be able to access information and actually register or apply for services at any one of several Family Net
offices located throughout the county. These offices will be equipped with user-friendly computer terminals
containing up-to-date information on all kinds of family supports - both those provided on a more informal
basis by community groups and churches, as well as those that the more formal service delivery system
provides. At certain scheduled times, a Family Net Representative (who represents all the above-named
service providers), will be present in the office to assist families in person. We believe that, if families can
be encouraged to identify problems and utilize resources earlier, we can reduce the number of those whose
situations reach crisis proportions, requiring lengthy and costly intervention. We also believe that families
are more likely to seek out information and assistance in a more neutral community setting.
The Interagency Service Council (ISC) is also in the process of securing funds for a Youth Worker who
would serve as a resource for youth and their families, to advise and help solve problems, and also be a link
to the Family Net. If successful, we believe that housing a Youth Worker at the Community Center would
be an effective multiple use of the space we are requesting.
Shakopee Office Burnsville Office
1257 Marschall Rd., Shakopee,MN 55379 Scott-Carver-Dakota CAP Agency, Inc. 14551 County Rd 11,Suite 167
612/496-2125 Voice and TDD An Equal Opportunity Employer Burnsville,MN 55337
1-800-640-6128 FAX 612/496-0698Printed on Recycled Paper 612/432-6699 FAX 612/432-5855
Mayor Gary Laurent
May 3, 1995
Page Two
The member agencies of the ISC are prepared to jointly contribute to the payment of rent and utilities in the
amount designated by the City.
We hope that the members of the Council will view the inclusion of the Family Net office as a beneficial
complement to the other facilities for youth and families incorporated in the Community Center.
In the interest of time and space, we have not discussed here the other components of the Family Net, as they
are less relevant to the request for an office in the Community Center. However, please contact any of us if
additional information would be helpful as you consider this request.
Sincerely,
Members of the Interagency Service Council
tc_ C.
Rev. Alan Loose David Loftness
Chairperson of the Re-Design Committee Scott County Corrections
Marys 'ley T m •: hr - --
CAP Agency Scott County Hum.. Services
Kay Larsen, Minnesota River Valley Speciali'E leen Moran
Education Cooperative Scott County Human. Services
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CONSfl!T
MEMORANDUMiS
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorne t /
DATE: May 5, 1995
RE: Zamboni and Signs
BACKGROUND:
At the May 2 , 1995, City Council meeting, the Hockey
Association generously offered to donate a zamboni to the City.
They indicated that they want to retain advertising rights to the
machine . In response, members of the City Council expressed both
their appreciation and their concerns regarding the signs .
DISCUSSION:
The City Council specifically expressed concerns regarding
advertising for tobacco, alcohol, and personal hygiene products
on the zamboni . Considering the excellent relationship we have
with the Hockey Association, the best way to address these
concerns may be through a simple contract between the parties .
The City is restricted to time, place, and manner regulation
of signs . Content-based regulation generally violates the
Constitution. There are two narrow exceptions to this : (1)
commercial speech can be regulated more strictly than non-
commercial (i .e . political) speech; and (2) all commercial speech
can be banned. Exceptions presently are being considered in a
federal circuit court may broaden this further. The City of
Baltimore has enacted ordinances prohibiting billboard
advertising of tobacco products and alcohol in areas frequented
by children, such as areas around schools and churches,
residential neighborhoods with children, and recreational areas .
Those ordinances were sustained in the federal district court,
and are on appeal . If Baltimore wins, it may be possible to
prohibit tobacco and alcohol advertising in the civic center,
since it will be heavily utilized by minors .
In order to accommodate the interests of both the City and
the Hockey Association, I recommend that we enter into a brief
agreement accepting their generous gift . We would recognize the
Hockey Association' s reserved right to place signs and
advertising on the zamboni . The contract would ask the Hockey
Association to consider the City' s concerns, but not make them
mandatory. It also could provide that if the City ever found the
advertising to be unacceptable, the City would return the zamboni
to the Hockey Association, which in turn would be required to
remove the zamboni from public property. A draft agreement is
attached.
ALTERNATIVES :
1 . Authorize the appropriate City officials to execute the
agreement .
2 . Recommend different or additional material to be
incorporated into the agreement, then authorize signing it .
3 . Decline the gift .
RECOMMENDATION:
Authorize the appropriate City officials to sign the
agreement with the Hockey Association to accept the zamboni .
[5MEMO]
Attachment
-2-
AGREEMENT
This agreement, made and entered into this day of
, 1995, by and between the Hockey Association, a
under the laws of
Minnesota, and the City of Shakopee, Minnesota.
Whereas, the Hockey Association has offered to acquire a
zamboni, which it will give to the City; and
Whereas, the City desires to accept this generous gift .
Now, therefore, it is agreed by and between the parties as
follows :
1 . The Hockey Association will seek to purchase a zamboni
of a size and quality acceptable to the City, for use on the new
indoor ice rink being constructed in the City' s new civic center.
2 . The Hockey Association hereby agrees to give the zamboni
to the City, free of charge, for the City' s use in the civic
center.
3 . The Hockey Association retains the right to place
advertising on the zamboni, in a manner which will not interfere
with the safe operation and use of the zamboni .
4 . The City requests that the Hockey Association avoid
advertising of any products which are illegal for minors to use,
or which are inappropriate to advertise to children, including
tobacco products, alcohol, and certain personal hygiene products .
5 . If, at any time, the City finds the advertising
unacceptable, it may so advise the Hockey Association in writing.
Within 30 days of that time, the Hockey Association must remove
the zamboni from the Civic Center at its own expense .
In witness whereof, the parties hereto have set their hands
the date first above written.
HOCKEY ASSOCIATION CITY OF SHAKOPEE
By By
Mayor
By By
City Administrator
This agreement drafted by: By
Karen Marty, City Attorney City Clerk
129 S . Holmes Street
Shakopee, MN 55379
[5MEMO]
2, 0 ENT
lac..
MEMO TO: Shakopee City Council
FROM: Barry A. Stock, Assistant City Administrator
RE: Summer Youth Employment Program
DATE: May 10, 1995
INTRODUCTION:
The City has received correspondence from Beth Olson, Employment and Training Counselor
for the Scott County Employment and Training office inquiring whether or not the City of
Shakopee is interested in offering employment opportunities for youth.
BACKGROUND:
Several years ago the City of Shakopee did utilize the Scott County Summer Youth Employment
Program for an office assistant position in the Recreation Department. Staff would once again
like to recommend that the City utilize the Scott County Youth Employment Program to obtain
an individual to assist with basic office duties within the Recreation Department. During the
summer months with the numerous recreation programs underway it would be beneficial to have
another person available to assist at the front counter and answer phones. The individual could
also serve as backup when staff within the Recreation Department take vacation time.
The Scott County Employment and Training Program is provided at no cost to the City. The
City also has the opportunity to interview the candidates for the position. If we are successful in
finding an individual, the employment period would run between June 12, 1995 and August 19,
1995.
In order to participate in the program, it will be necessary for the City of Shakopee to enter into a
Youth Employment Program Site Agreement by and between Scott County Human Services and
the City of Shakopee.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the Youth Employment Program Worksite
Agreement by and between Scott County Human Services and the City of Shakopee.
2. Do not participate in the Scott County Youth Employment Program.
3. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Authorize the appropriate City officials to execute the Youth Employment Program Worksite
Agreement by and between Scott County Human Services and the City of Shakopee.
CONSENT
Memo to: Dennis Kraft, City Administrator J
From: Terrie A. Thurmer, Assistant City Planner1-61).
Meeting Date: May 16, 1995
Date Prepared: May 5, 1995
RE: Request for Extension of Time to Request Approval for the Final Plat for the
Westridge Lake Estates Planned Unit Development
INTRODUCTION
The City has received a request from Mr. Darrel E. Gonyea, President of Gonyea Land Company, to
extend the 12 month time period for filing a request for approval of a Final Plat after approval of the
Preliminary Plat by the City Council. The City Code states that the City Council may extend the time
period of Preliminary Plat approval upon written application by the developer. Each extension cannot
exceed a twelve(12) month period.
BACKGROUND
On August 17, 1993, the Shakopee City Council approved the Preliminary Plat for Westridge Lake
Estates. City Code Section 12.03, Subd. 3.G states, "Approval of the Preliminary Plat by the Council
shall give the applicant the following rights for a 12 month period from the date of approval:
1) The general terms and conditions under which the approval was granted will not be
changed by the City;
2) That the applicant may submit on or before such expiration date, the whole or any part of
the approved plat for final approval;
3) The Council may extend the time period of preliminary approval upon written application
by the developer and for good cause shown. Each time extension shall not exceed a 12
month period"
A series of additions are planned for the Westridge Lake Estates Planned Unit Development, but only
the first addition has received final plat approval. The City Council approved Westridge Lake Estates
1st Addition on November 16, 1993. The timing for platting the second Addition has not yet been
determined.
ALTERNATIVES
1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat by
an additional 12 months.
2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat by
a shorter period of time.
1
3. Offer and pass a motion denying the request to extend the 12 month time period for approval of
the Preliminary Plat, and require the developer to resubmit the Preliminary Plat for approval by the
City.
STAFF RECOMMENDATION
Staff recommends Alternative No. 1.
ACTION REQUESTED
Offer and pass a motion granting the developer of Westridge Lake Estates an extension of the 12
month time period for approval of the Preliminary Plat by an additional 12 months.
(TERRIE\CITYCOUN\TIMEXWES.595)
2
GONYEA LAND COMPANY
605 WEST TRAVELERS TRAIL
BURNSVILLE, MINNESOTA 55337
TELEPHONE(612)882-1112
FAX(612)882-1531
RECENED
APR 2 0 1995
April 19, 1995 —
Mr. T 7b 'rg
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Dear Mr. Ekola:
As you are aware, the Preliminary Plat for Westridge Lake
Estates First Addition expires July 12, 1995. I hereby request
that the Shakopee City Council extend the Preliminary Plat
expiration date.
In the PUD process for Westridge Lake Estates, the phasing
plan called for a series of additions. It is my understanding
that the time period for Preliminary Plats is being reviewed and
may coincide with the phasing plan for PUD' s in the future.
Under the present ordinance, it is my understanding that I will
have to continue to request extensions for these future
additions, as they are all part of the Westridge Lake Estates
First Addition.
Yours truly,
WESTRIDGE BAY COMPANY
Darrel E. Gonyea
President
Memo To: Dennis R. Kraft, City Administrator
From: V. Paul Bilotta, Acting Planning Director 0.
Re: Authorization of Planning Dept. Personnel
Date: May 9, 1995
INTRODUCTION:
Staff is requesting City Council authorization hire additional planning intern(s).
BACKGROUND:
The 1995 City Budget included four full-time positions for planners and one Economic
Development Coordinator. With the recent resignation of the Planning Director, three of
the five positions are vacant.
DISCUSSION:
Administration and the Acting Planning Director are currently studying the situation in the
Planning Department to determine if there are efficiencies to be gained through
reorganization of the department. More detail on the reorganization will be provided to
the City Council as it becomes available and the uncertainty surrounding the State
Legislature's budget proposals becomes clearer. The initial analysis indicates that there
may be an opportunity for substantial cost savings by moving away from a traditional,
specialized, hierarchical structure to more of a flexible, team-based, department structure
that is significantly"flatter".
In order to minimize the negative impact on day-to-day development activities, the
responsibilities of the Senior Planner, Economic Development Coordinator and the
Planning Director have all been reassigned to the Acting Planning Director. This situation
can not be extended for an indefinite period of time without a significant deterioration in
the Planning and Economic Development service levels. During this interim period, there
are many tasks that need to be done that could be handled by interns under the direction of
the Acting Planning Director, resulting in a temporary solution to the staffing shortage.
With the assistance of the interns, non-critical tasks are still likely to be delayed, however,
all basic functions should continue to operate at relatively normal levels.
Staff is requesting two additional interns for approximately 450-500 hours each at a rate
of$6.21/hr. This will bring the total number of interns in the Planning Department to
three. It is anticipated that one intern will work primarily in Economic Development and
the other two interns will be focused on Planning activities although some crossover is
anticipated as needs arise.
Hiring the two additional interns will result in an additional cost of approximately $5,600-
$6,200. This cost will be significantly offset by the salary and benefit savings of the three
vacant positions.
Alternatives:
1. Authorize the addition of two intern positions to the Planning Department.
2. Authorize the addition of one intern position to the Planning Department.
3. Do not add any additional intern staff to the Planning Department.
Recommendation:
Staff recommends alternative 1.
Action Requested:
Move to authorize the appropriate City staff to hire two additional planning interns.
ONSENT
) 3
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Cler
SUBJECT: Applications for Liquor Li nses - Babe's Place Inc.
DATE: May 12 , 1995
INTRODUCTION AND BACKGROUND:
The City has received applications from Babe's Place Inc. for
on sale, off sale and Sunday liquor licenses for Clair's Bar Inc.
dba/Jerry's Bar at 124 So. Holmes. The applicant has recently
purchased the building under a different corporation and will be
doing some remodeling before opening under their license.
Application is made for the period May 17th through June 30th,
which is the current license period. The existing license will
have to be surrendered prior to issuance of the license to a new
owner. The applicant will also be applying for renewal of the
licenses effective July 1st. This renewal will be considered by
City Council along with all license renewals on June 20, 1995.
The application is in order, with one exception. I am
awaiting receipt of the certificate of insurance evidencing liquor
liability coverage. I expect to receive it sometime later today
and definitely prior to council action on May 16th. (If I do not
receive it, I will advise City Council and the application will
have to be tabled. )
The police department has conducted the required background
investigation on the stockholders, Darlene McNeil and James Vig,
see attached.
ALTERNATIVES:
1] Approve
2] Deny
3] Table
RECOMMENDED ACTION:
Approve the applications and grant on sale, off sale, and
Sunday intoxicating liquor licenses to Babe's Place, Inc. , 124
South Holmes Street, upon surrender of the existing licenses.
TO: Judy Cox, City Clerk
FROM: Tom Steininger
SUBJECT: Liquor
DATE: 05 11 95
Detective Bisek has conducted a background investigation into the
liquor license application submitted by James Joseph Vig and
Darlene McNeal to do business as Babe ' s Place. His investigation
disclosed nothing to preclude issuance of this license as
requested.
icr
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Civic Center Groundbreaking
DATE: May 11, 1995
INTRODUCTION:
Site work on the Civic Center Project is scheduled to commence within the next two weeks. It
would appropriate to discuss whether or not City Council wishes to schedule a groundbreaking
ceremony for the project.
BACKGROUND:
Staff would like to propose that a groundbreaking ceremony for the Civic Center Project be held
at 6:00 P.M. on Monday, May 22, 1995. Staff would propose to invite the Park and Recreation
Advisory Board Members as well as representatives from the various community and youth
organizations that have worked to facilitate the Civic Center Project. Staff would also propose to
invite all persons who have served on various committees during the last six years that have
worked on this project.
Staff is proposing Monday, May 22nd as the date for the groundbreaking ceremony since the Park
and Recreation Advisory Board has their regular monthly meeting at 7:00 P.M. on the same
evening. Staff anticipates that the actual groundbreaking ceremony will take no longer than
approximately 20 minutes.
ALTERNATIVES:
1. Select Monday, May 22"d at 6:00 P.M. as the date and time for the Civic Center
groundbreaking ceremony.
2. Select another date and time for the Civic Center Groundbreaking ceremony.
3. Do not have a groundbreaking ceremony for the Civic Center Project.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Select Monday, May 22"d at 6:00 P.M. as the date and time for the Civic Center groundbreaking
ceremony.
ONSENT
13 .E
Memo to: Dennis Kraft, City Administrator
From: Mark McQuillan, Recreation Supervisor
Re: Accessible ramp for Tahpah Park Baseball Stadium.
Date: May 10, 1995
INTRODUCTION
The City annually budgets $10, 000 in its Five Year Capital
Improvement Program to upgrade park facilities that need to be made
accessible for those with disabilities . One of two projects
identified for 1995 is the installation of an accessible ramp to
the baseball stadium' s grandstand at Tahpah Park. Funding has been
allocated from the Parks Division Budget for this project .
BACKGROUND
Currently, there are steel steps on the north and south entrances
of the grandstand which are inaccessible for those in wheelchairs .
Staff recommends replacing the steel steps on the northside with
wooden steps and ramp. Attachment "A" is an illustration of the
proposed steps and ramp.
Request For Proposals were sent to Menke Wood Products, Rick Sames
Construction and Homewerk Remodeling and Construction. Two of the
three contractors responded. They were Menke Wood Products and
Homewerk Remodeling and Construction.
The contractors were asked to submit a proposal that would include
the cost of labor and materials with the option of using either
treated wood or Trex polymer composite on the flooring of the ramp.
Trex polymer composite is made of recycled plastic and wood pulp.
It is very durable and has a longer life-span than wood. The
estimates submitted were as follows :
Treated Wood Trex
Homewerk Remodeling and Construction $5 , 070 . 23 $5, 787 . 91
Menke Wood Products $6, 400 . 00 $6 , 900 . 00
The two estimates are reasonably competitive and within budget .
Staff recommends moving forward with this project using Trex wood
polymer composite for the flooring of the ramp. If it' s Council' s
desire to use treated wood for the entire project, a slip resistant
tape will be applied to the ramp flooring.
ALTERNATIVES
1 . Table this project and request that staff obtain more estimates .
2 . Authorize the appropiate City officials to utilize the services
of Homewerk Remodeling and Construction to facilitate the
construction of an accessable ramp and stairway for the Tahaph Park
Baseball Stadium grandstand at a cost not to exceed $6, 000 from
the Park Reserve Fund and waive the building permit fees
accordingly.
3 . Do nothing with this project in 1995 .
RECOMMENDATION
Staff recommends Alternative #2 using Trex materials for the floor.
Typically, the City waives the building permit fee for its own
projects and, therefore, should waive the permit for this project .
ACTION REQUESTED
Move to authorize the appropiate City officials to utilize the
services of Homewerk Remodeling and Construction to facilitate the
construction of an accessable ramp and stairway for the Tahaph Park
Baseball Stadium grandstand at a cost not to exceed $6, 000 from the
Park Reserve Fund and waive the building permit fees accordingly.
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May 16, 1995 CONSTRUCTION COMPANY
ACTION Requested
1. Move to award Civic Center Bid Package #3 - Sitework to Imperial
Developers and authorize the appropriate City Official to execute
contract documents accordingly.
2. Move to award Civic Center Bid Package #4 - Cast-In-Place Concrete
to Jesco Inc. and authorize the appropriate City Official to execute
cgnttr§pt documents accordingly.
Barry Assistant City Administrator
City of Shakopee
129 Holmes Street
Shakopee, MN 55379
Re: Shakopee Civic Center
Site Work and Cast In Place Concrete
Dear Barry:
We recommend that a contract be awarded to the low bidder in each of the categories
listed above. Enclosed is a bid tabulation sheet listing bid results.
The budgeted amount of Site Work is $635,419.00. The low bid was submitted by
Imperial Developers, Inc. in the amount of$647,800.00. A portion of the storm sewer
and pond excavation included in this price will be accessed to the adjacent property. This
will bring the actual cost substantially below budget. We recommend the Site Work
contract be awarded to Imperial Developers, Inc.
The budgeted amount for Cast In Place Concrete is $225,312.00. The low bid was
submitted by Jesco, Inc. in the amount of$203,800.00. We recommend the Cast In Place
Concrete work be awarded to Jesco, Inc.
Please call me with any questions.
•
Sincerely,
Kevin W. O'Brien
1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227
Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191
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/ 3b--
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney, Public Works Director etio
SUBJECT: Easement Acquisition for Sarazin Street,
Roundhouse Street and 4th Avenue - Project No. 1994-10
DATE: May 16, 1995
INTRODUCTION:
The City needs to acquire right-of-way/easements for the construction of Sarazin Street,
Roundhouse Street and 4th Avenue improvements for Project No. 1994-10. The property owners
for Easement No.'s 94-16 and 94-17 have agreed to an offer made by staff. This item is for the
Council to authorize the payment of the easements.
BACKGROUND:
City Project No. 1994-10 requires additional right-of-way/easements from four parcels. Attached
is a letter from staff outlining the City's final offer to the property owners. The owners have
agreed to the offer which was based on $0.55/S.F. for a permanent easement.
In addition to the taking amount compensation, the owners have asked the City to waive the
Zoning Ordinance amendment fee of$250.00 and prepare the notification list for a small remnant
R-4 parcel west of Roundhouse Street to be rezoned to the same B - zoning as the adjacent
parcel. Staff feels this request is reasonable as the property taking by the City is causing the
rezoning action. The property owner will need to apply for the rezoning.
The total amount of compensation for the easements is $76,426.28 for Sarazin Street and
Roundhouse Street.
ALTERNATIVES:
1. Approve a motion for the appropriate City officials to acquire Easement No.'s 94-16 and
94-17 on Project No. 1994-10 in the amount of$76,426.28.
2. Deny the easement acquisition for Easement No.'s 94-16 and 94-17.
3. Table this item for additional information.
4. Move to waive the Zoning Ordinance Amendment Fee for future rezoning of remnant R-4
parcel west of Roundhouse Street.
5. Do not waive the Zoning Ordinance Amendment Fee.
RECOMMENDATION:
Staff recommends approving the easement acquisition as outlined in the attached letter for the
amount of$76,426.28 for Easement No.'s 94-16 and 94-17. Staff also recommends waiving the
Zoning Ordinance Amendment Fee for future rezoning of R-4 remnant parcel west of
Roundhouse Street.
ACTION REQUESTED:
Approve the payment of$76,426.28 to P.A.C.T. Investment, Inc. for Easement No.'s 94-16 and
94-17 on Project No. 1994-10, for Sarazin Street, Roundhouse Street and 4th Avenue
Improvements.
Move to waive the Zoning Ordinance Fee for future rezoning of remnant R-4 parcel west of
Roundhouse Street.
BL/pmp
ACQUIRE
SHAKOPEE April 25, 1995
Mr. Larry IntVeld
49 Nord Circle Road
St. Paul, MN 55127
RE: Easement Acquisition - P.A.C.T. Property
Sarazin and Roundhouse Street
City of Shakopee Project No. 1994-10
Dear Mr. IntVeld:
This letter is a follow-up to our telephone conversation of Friday, April 20, 1995, with regard
to the above - referenced project. With this letter, I have revised the square footage costs from
the appraisal and using the price value of$0.55/square foot resulting in a total amount as shown
below. That total taking amount is developed according to the categories noted in the appraisal
and include payment for areas previously acquired for the ditch construction I have summarized
the total taking as follows:
1. Permanent Easement for Sarazin Street:
59,013 S.F. x $0.55/S.F. = $32,457.13
12,000 S.F. x $0.55/S.F. x 50% = $ 3,300.00 (Ditch area previously
acquired)
Subtotal $35,757.13
2. Permanent Easement for Roundhouse Street:
26,553 S.F. x $0.55/S.F. = $14,604.15
Total Taking by Permanent Easement (1&2): $50,361.28
3. Severance Damage by Sarazin Street:
20,600 S.F. x $0.55/S.F. = $11,330.00
45,000 S.F. x $0.55/S.F. x 50% = $12,375.00 (Ditch area previously
acquired)
Total Taking by Severance Damages $23,705.00
4. Temporary Easement: (Both Streets)
42,909 S.F. x $0.55/S.F. x 10% = $ 2,360.00
CommuNil Y PRIDE SINCE 1857
129 Holmes Street South. Shakopee,Minnesota FAN (,12--1-F,-671q
Mr. Larry IntVeld
St. Paul, MN
April 24, 1995
Page 2
Grand Total Taking Permanent Easement: $50,361.28
Severance Damage: $23,705.00
Temporary Easement: $ 2360.00
Total $76,426.28
In addition to the taking amount compensation, the City will waiver the Zoning Ordinance
Amendment fee of $250.00 and the City will do the notification list necessary for the rezoning
of the remnant R-4 parcel west of Roundhouse Street to the same B-zoning as the adjoining
parcel.
In reference to the land remaining as "green acres", we would recommend that you contact the
County Auditor personally. We do not have any influence over that program.
Please contact me as 445-3650 if you have any questions or comments regarding this letter. If
you are in agreement with this proposal, please sign this letter and send it back to my attention.
This item will be placed on the Council Agenda for payment approval. Payment will be made
upon the execution of the Easements 94-16 and 94-17.
Sincerely,
AW.e
Bruce Loney, P.E.
Public Works Director
Larry IntVeld, President P.A.C.T. Investment, Inc.
D
s / 95
Date
( _/ ,
ark Lindstrand, General Partner
Date
i
EXHIBIT- A
<4-14f� /--NE CORNER SEt'4
• 11 / SEC. 6. T. 115. R. 22
27-90602E-2 • /
WILLIAM & RENELDA HAUERI _ — 4TH AVENUE — ,/ — —
N . , t. t ►- ;_ 1" I40'PERM. - —
I ..1....!*..-, i ,� - iEASEMENT
10 TEMP. C+.. .'. - 1 —')1` ~' t I 1 • C
_ EASEMENT 'i\. ;�tL, i K, cn o • 94-15
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, �'':_: — 1 i 1 KNIGHTS OF COLUM9US
•
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20'TEMP VA _ _ i/ IS -? + 1-_----i
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CARL L I NDSTRAND !, EASEMENT 20'TEMP. //. ' ;� 1�F•
'''''''''''' ,.,..,.......... ..,.7.,..../ 94-16 C94-1) } EASEMEN t f-- -1 _i "' '` I ;
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CARL LINDSTRAND 27(-9060/29-0 / ri--„,..,„..,..„...,,.•::,,‘,,,,'' `_
80'PERM. ,/'� '').::: **-%•••'
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-- EAST LINE SE1,e
SEC. 6. T. 115. R. 22
I
EXHIBIT A - PAGE 1
MX. Orr
Schelen
Mayeron &
Associates, Inc.
1 Engineers ■ Architects ■ Planners ■ Surveyors
300 Park Place Center • 5775 Tayzata Boulevard
Ylnneapoli:•Y4 55116-1228 • 612.595.5775
\Ji\ISENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer Pittij
SUBJECT: Metropolitan Council Agreement for the Millpond Basin project funding
DATE: May 8, 1995
INTRODUCTION:
Attached is the first amendment to the Twin Cities Water Quality Initiative technical project
agreement. This amendment changes the project completion date from December 31, 1996 to
March 31, 1997.
BACKGROUND:
The attached amendment increases the project completion date by three months. This time
extension was requested by the City's consultant because the project review by the Metropolitan
Council staff delayed the project by approximately three months. The time extension of three
months should allow the project to be completed as originally scheduled.
ALTERNATIVES:
1. Direct the appropriate City Officials to execute the First Amendment to the Twin Cities Water
Quality Initiative technical project agreement.
2. Do not execute the agreement
3. Table for additional information from staff.
RECOMMENDATION:
Staff recommends alternative no. 1.
ACTION REQUESTED:
Move to Direct the appropriate City Officials to execute the First Amendment to the Twin Cities
Water Quality Initiative technical project agreement.
c:\msoffice\winword\docs\agree.doc
Metropolitan Council
Working for the Region, Planning for the Future
CITY op elitucopee
Mar 3 1995
E C E iv, Eli
May 2, 1995
Dave Nummer
Staff Engineer
City of Shakopee
129 E. First Street
Shakopee, MN 55379-1376
Dear Mr. Nummer:
The Metropolitan Council at its meeting on April 27, 1995 approved the amendment to the Twin
Cities Water Quality Initiative grant for the city. This amendment extended the completion date
from December 31, 1996 to March 31, 1997. I have enclosed two copies of the amendment.
Please have both copies signed and return them to me as soon as possible. I will have the
amendments signed and return an original copy to you for your records.
The next payment will be after the project is 50 percent completed. You should notify the
Council when this occurs. I look forward to working with you on this project.
Sincerely,
„„„,,,,,,) .-1-.4A&- -
James L. Frost P.E.
Senior Planner/Engineer
230 East Fifth Street St.Paul,Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780
An Equal Opportunity Employer
Contract No. SG-94-89
FIRST AMENDMENT TO
TWIN CITIES WATER QUALITY INITIATIVE TECHNICAL PROJECT GRANT AGREEMENT
BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKOPEE
The parties agree that the grant agreement they entered into on the 6th day of December, 1994,
between the Metropolitan Council and the City of Shakopee, relating to a Twin Cities Water
Quality Initiative grant for a technical project to address nonpoint source pollution problems or
control measures, shall be and is amended in the following particulars:
1. Article VI, TIMING REQUIREMENTS, paragraph 6.01, Project Activity Period, is
amended to read as follows:
6.01 Project Activity Period. The Grantee agrees to complete the work program
activities described in Exhibit A and in the approved Work Plan submitted in accordance
with paragraph 5.01 by no later than March 31, 1997 (the "Project Activity Period" end
date). The Council will not reimburse the Grantee for any project activities taking place
before this grant was awarded by the Council or after the end of the Project Activity
Period.
Except as amended hereby, the provisions of the above-referenced agreement shall remain in
force and effect without change.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by
their duly authorized representatives on this day of , 1995.
METROPOLITAN COUNCIL
Approved as to form:
By
Lynn M. Belgea James J. Solem, Regional Administrator
Assistant General Counsel
CITY OF SHAKOPEE
By
Its
tcggrant\shak0l
4t-1\3
J[J ENT
SoQ
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer 72
SUBJECT: County Road 77 Cooperative Agreement
DATE: May 16, 1995
INTRODUCTION:
Attached for Council consideration is a Cooperative Agreement from Scott County which
addresses the construction of Fuller Street and County Road 77.
BACKGROUND:
The attached Cooperative Agreement addresses the construction of Fuller Street and County Road
77, as well as County road turnbacks and turnback funding. The proposal from Scott County is
for the existing County Road 77 within the City limits to be turned back to the City. This
turnback will include County Road 77 from the TH 101 Bypass to 6th Avenue.
After the turnback, the City will bid out and construct the Fuller Street extension along the
alignment indicated in the Fuller Street feasibility report, intersecting County Road 77 just north
of the proposed Vierling Drive intersection. The agreement includes the County providing
$277,000 for the roadway construction. This is the amount which was originally budgeted by
the County for reconstruction of County Road 77.
The remainder of County Road 77 north of the Fuller Street intersection will remain a City street
which can either be improved or vacated. Staff has been approached by the adjacent property
owner to the east with a proposal to vacate the existing roadway between the Fuller Street
intersection and 10th Avenue, and incorporate the land into the plat. This plat will be reviewed
by the Planning Commission at their June meeting. There are no improvements planned for
County Road 77 between 10th Avenue and 6th Avenue at this time.
This agreement has been reviewed by the Legal Department, and has been approved as to form.
ALTERNATIVES:
1. Direct the appropriate City officials to execute the Cooperative Agreement with Scott
County for the construction of Fuller Street.
2. Provide changes to the document and direct staff to submit the revised agreement to the
County.
3. Table for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Direct the appropriate City officials to execute the Cooperative Agreement with Scott County for
the construction of Fuller Street.
Agreement No. 77-9503
County Project No. 91-77-01
CR 77, City of Shakopee
County of Scott
COOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this day of , 19_, by and
between the County of Scott, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under
the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, The County and the City have been negotiating to bring about the improvement
of County Road No. 77 from the Shakopee Bypass to 10th Avenue on existing and new alignment
(Apgar and Fuller Streets) which improvement contemplates and includes grading, aggregate base,
bituminous surfacing, drainage, concrete curb and gutter, landscaping and other related improvements;
and
WHEREAS, The above described projects lie within the corporate limits of the City; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto under the
provisions of M.S. Sec. 162.17, Subd. 1.
NOW, THEREFORE, IT IS HEREBY AGREED:
A. The County will provide the City with all pertinent plans and data used by the County to develop
the plans to date. The City or its agents will prepare final plans for this project at no additional
cost to the County other than what is stated in this Agreement.
B. The City or its agents will advertise for bids for the work and construction of the aforesaid
Project No. 91-77-01, receive, and open bids pursuant to said advertisement and enter into a
contract with the successful bidder at the unit prices specified in the bid of such bidder,
according to law in such case provided for counties. The contract is in form and includes the
plans and specifications prepared by the County and City or their agents, which said plans and
specifications are by this reference made a part hereof.
C. The County or its agents will acquire all right-of-way or easements as required to construct this
project on that portion abutting the existing CR 77/Apgar alignment. The City or its agents are
responsible for acquiring all other necessary right-of-way or easements as required to construct
this project.
D. The City shall administer the contract and inspect the construction of the contract work
contemplated herewith. The County Engineer will cooperate with the City Engineer and his staff
at their request to the extent necessary, but shall have no other responsibility for the
supervision of the work (CP 91-77-01).
1 -
Agreement No . 77-9503
E. The County shall reimburse the City for its share in the cost of the project (CP 91-77-01) in the
total amount of two hundred and seventy seven thousand dollars ($277,000).
F. The payment of the County's share of the cost on CP 91-77-01 includes all costs of planning,
design and preparation of plans and specifications, construction engineering, which includes
the complete staking, inspection and supervision of the construction and the contract cost.
G. The County shall deposit with the City the County's share of the construction and engineering
costs within thirty (30) days after award of contract and execution of this Agreement, whichever
is later.
H. The City Engineer shall prepare monthly progress reports as provided in the specifications. A
copy of these reports shall be furnished to the County upon request.
I. All records kept by the City and the County with respect to this project shall be subject to
examination by the representatives of each party hereto.
J. The City agrees that any City license required to perform electrical work within the City shall
be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical
inspection fees shall be not more than those established by the State Board of Electricity in the
most recently recorded Electrical Inspection Fee Schedule. All fees, permits, bonds, etc., shall
be issued to the Contractor or the County at no cost to the Contractor or the County.
K. The City shall, at its own expense, remove and replace all City owned signs that are within the
construction limits of this project.
L. Upon completion of this project, the City, at its expense, shall place the necessary signs.
M. The City or its agents will design the roadway including the new alignment from the Shakopee
Bypass to 10th Avenue. The design fees are included in the cost participation agreement per
Paragraphs D and E above.
N. Upon completion of the realigned Apgar and Fuller Streets, the County will turnback all of
County Road 77 within the City. The City will accept the segment of existing CR 77 as a local
City street or vacate segments as appropriate with no additional improvements or costs by the
County.
2
Agreement No . 77-9503
Neither the County, its officers, agents or employees, either in their individual or official
capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or
cause of action of any kind or character arising out of, allegedly arising out of or by reason of the
performance, negligent performance or nonperformance of the hereinbefore described maintenance,
restoration, repair or replacement work by the City, or arising out of the negligence of any contractor
under any contract let by the City for the performance of said work; and the City agrees to defend,
save and keep said County, its officers, agents and employees harmless from all claims, demands,
actions or causes of action arising out of negligent performance by the City, its officers, agents or
employees.
11
It is further agreed that neither the City, its officers, agents or employees, either in their
individual or official capacity, shall be responsible or liable in any manner to the County for any claim,
demand, action or cause of action of any kind or character arising out of, allegedly arising out of or
by reason of the performance, negligent performance or nonperformance of the hereinbefore described
maintenance, restoration, repair or replacement work by the County, or arising out of the negligence
of any contractor under any contract let by the County for the performance of said work; and the
County agrees to defend, save and keep said City, its officers, agents and employees harmless from
all claims, demands, actions or causes of action arising out of negligent performance by the County,
its officers, agents or employees.
III
It is further agreed that each party to this agreement shall not be responsible or liable to the
other or to any other person whomsoever for any claims, damages, actions, or causes of actions of
any kind or character arising out of, allegedly arising out of or by reason of the performance,
negligent performance or nonperformance of any work or part hereof by the other as provided herein;
and each party further agrees to defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection with
or by virtue of performance of its own work as provided herein.
Iv
It is further agreed that any and all employees of the City and all other persons engaged by the
City in the performance of any work or services required or provided herein to be performed by the
City shall not be considered employees, agents or independent contractors of the County, and that
any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and
any and all claims made by any third parties as a consequence of any act or omission on the part of
said City employees while so engaged in any of the work or services provided to be rendered herein
shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the
County.
3
Agreement No . 77-9503
Any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees, agents or independent contractors of the City, and that any and
all claims that may or might arise under the Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said County employees while so engaged
and any and all claims made by any third parties as a consequence of any act or omission on the part
of said County employees while so engaged in any of the work or services provided to be rendered
herein shall be the sole responsibility of the County and shall in no way be the obligation or
responsibility of the City.
V
The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and
discrimination and the affirmative action policy statement of Scott County shall be considered a part
of this agreement as though fully set forth herein.
•
4 - - - -
Agreement No. 77-9503
County Project No. 91-77-01
CR 77, City of Shakopee
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
CITY OF SHAKOPEE
By
Mayor
(SEAL) Date
And
City Administrator
Date
COUNTY OF SCOTT
ATTEST:
By By
County Administrator Chairman of Its County Board
Date Date
Upon proper execution, this agreement
will be legally valid and binding.
By
County Attorney
RECOMMENDED FOR APPROVAL:
Date By
County Engineer
Date
APPROVED AS TO EXECUTION:
By
County Attorney
Date
K-WP60\AGREEMENT\COOP\R917701
03/20/95
Rev. 3/21/95
- 5 - --
iunioEN
l 3
MEMO TO: Dennis R. Kraft, City Administrator M
FROM: Bruce Loney, Public Works Director L
SUBJECT: Consultant Contract Extension
for Engineering Services
DATE: May 16, 1995
INTRODUCTION:
The contract for engineering services with Orr-Schelen-Mayeron & Assoc., Inc. (OSM) expired
on December 31, 1994. Staff would like to extend this contract expiration date to December 31,
1995 in order to avoid executing individual contracts for every engineering service needed by the
City to complete its projects.
BACKGROUND:
The City had a three year contract agreement with OSM to provide engineering services such as
surveying, easement description, design and construction services as necessary. This contract
agreement could then be applied to any engineering service work between OSM & the City.
With the contract expiring on January 1, 1995, the City has to enter into an individual contract
agreement for each area of work approved between the City and OSM. Each execution of a
contract takes considerable engineering and legal staff time.
Staff would recommend the extension of the contract with OSM to January 1, 1996 to eliminate
multiple contracts for standard engineering service work. Currently, engineering staff needs to
have easement descriptions prepared for the St. Francis Sanitary and Storm Sewer Project and
construction staking for the Downtown Alley Reconstruction Project. The cost to perform each
work item is as follows:
Work Item Cost Not-to-Exceed
St. Francis Sanitary and Storm Easements $ 750.00
Downtown Alley Reconstruction - Construction Staking $7,000.00
Staff would recommend that Council authorize OSM to prepare easements for St. Francis sanitary
sewer and storm sewer and perform construction staking for Downtown alley reconstruction as
these are items normally done by the consultant for the City.
ALTERNATIVES:
1. Move to authorize the appropriate City officials to execute a consultant contract between
OSM and the City of Shakopee until January 1, 1996.
2. Do not extend OSM contract.
3. Table for additional information.
4. Move to authorize OSM to prepare easements for St. Francis Sanitary Sewer Project No.
1995-2 for a cost not-to-exceed $750.00 and to perform construction staking for the
Downtown Alley Reconstruction Project No. 1993-9 for a cost not-to-exceed $7,000.00.
5. Do not authorize OSM to perform work in Alternative No. 4.
RECOMMENDATION:
Staff recommends Alternative No. 1, for Council to have the appropriate City officials extend
OSM's contract with the City until January 1, 1996. Staff also recommends Alternate No. 4, to
authorize OSM to prepare the easements for St. Francis sanitary sewer and perform construction
staking for Downtown alley reconstruction.
ACTION REQUESTED:
Move to authorize the appropriate City officials to extend the consultant contract with On-
Schelen-Mayeron & Associates, Inc. until January 1, 1996.
Move to authorize Orr-Schelen-Mayeron & Associates, Inc. to prepare easements for St. Francis
Sanitary Sewer Project No. 1995-2 for a cost not-to-exceed $750.00 and to perform construction
staking for the Downtown Alley Reconstruction Project No. 1993-9 for a cost not-to-exceed
$7,000.00.
BL/pmp
OSM
.JUI SENIT
MEMO TO: Dennis R. Kraft, City Administrator
l N
FROM: /1/44Bruce Loney, Public Works DirectorA
SUBJECT: Hiring of Engineering Technician II
DATE: May 16, 1995
INTRODUCTION:
Interviews have been held with candidates for the Engineering Technician II position which was
authorized by Council at the March 7, 1995 meeting. At this time, I am recommending that the
City Council authorize the hiring of Albert Koester to fill this position.
BACKGROUND:
Mr. Koester is currently an Engineering Technician for Howard A. Kuusisito Consulting
Engineer. He has a total of six years of experience as a technician in municipal engineering
projects.
I am recommending Mr. Koester be hired at Step 1 of the 1995 Pay Plan for the Engineering
Technician II position. I am also recommending that Mr. Koester be given a pay and
performance review in six months and that he be given a salary adjustment to Step 2 of the Pay
Plan if he satisfactorily completes the six month period.
Since the 1995 Pay Plan has not been approved as of yet, Mr. Koester' s initial salary would be
at Step 1 of the 1994 Pay Plan. Once the 1995 Pay Plan is approved, the salary for the position
would be adjusted to the 1995 Pay Plan and would be retroactive to the starting date.
RECOMMENDATION:
It is recommended that the City Council authorize the hiring of Albert Koester for the position
of Engineering Technician II.
ACTION REQUESTED:
Move to authorize the appropriate City officials to take the necessary action to hire M. Albert
Koester as an Engineering Technician II with the following actions:
1. Hire Mr. Koester at Step 1 of the 1994 Pay Plan with salary adjusted to 1995 Pay Plan
level once approved by Council.
2. Authorize a pay and performance review after six months employment with the provision
that Mr. Koester be moved to Step 2 of the Pay Plan provided that he satisfactorily
completes six months of employment.
BL/pmp
EMPLOY
130
CONSENT
Attached is a print out showing the division budget status for 1995
based on data entered as of 5/10/95 .
Included in the bill list is rehab grant payment to Gary Turtle in
the amount of $14, 131 . 66 .
Included in the attached bill list is the below listed educational
reimbursement for employees .
Employee Class Cost
Gerald Poole Mathematical Prob Solv. $194 . 32
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
05/10/95
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 69,450 2,594 23,427 34
12 CITY ADMINISTRATOR 219,200 5,595 58,835 27
13 CITY CLERK 121,170 4,096 38,833 32
15 FINANCE 302,310 7,216 83,197 28
16 LEGAL COUNSEL 212,090 6,753 66,662 31
17 PLANNING 464,430 17,010 115,284 25
18 GENERAL GOVERNMENT BUILDINGS 148,120 4,466 38,967 26
31 POLICE 1,490,650 49,002 476,166 32
32 FIRE 410,240 4,066 90,209 22
33 INSPECTION-BLDG-PLMBG-HTG 197,780 6,544 60,417 31
41 ENGINEERING 357,100 10,996 96,879 27
42 STREET MAINTENANCE 759,180 11,107 168,847 22
44 SHOP 112,120 6,402 33,806 30
46 PARK MAINTENANCE 292,420 6,202 76,441 26
61 POOL 136,580 714 4,291 3
64 RECREATION 239,580 8,147 74,925 31
91 UNALLOCATED 136,000 1,572 16,073 12
TOTAL GENERAL FUND 5,668,420 152,482 1,523,259 27
17 PLANNING 467,160 3,766 107,258 23
TOTAL TRANSIT 467,160 3,766 107,258 23
12 CITY ADMINISTRATOR 119,080 18,095 35,852 30
TOTAL HRA 119,080 18,095 35,852 30
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gBEE OBBERE0000BE
OOI\JSENT
TO: Dennis R. Kraft, City Administrator l if/f
FROM: Vernice Takumi, Accountant `��
RE: 1995 Budget Amendment Resolution No. 4220
DATE: May 10, 1995
Introduction
There have been a few changes since the adoption of the 1995
Budget that require budget amendments.
Background
1. The new non union pay plan requires additional funding
over the amount built into the department budget requests. Source
of funding - Contingency.
2 . There were funds available in the 1994 police budget to
purchase new police lockers; although the lockers were ordered in
1994 , they were not delivered until 1995. The amount requested is
$810. Source of funding - General Fund, Fund Balance (1994 carry
over) .
3 . There were funds available in the 1994 police budget to
pay for transport services not billed until 4/95 in the amount of
$689 . Source of funding - General Fund, Fund Balance (1994 carry
over) .
Attached is a resolution that amends the 1995 budget to
provide for the increase in salaries, the purchase of the police
lockers, and .
Alternatives
1. Approve resolution as presented.
2 . Amend resolution and approve.
3 . Do not approve resolution.
Action
1. Offer Resolution No. 4220 A Resolution amending Resolution No.
4136 Adopting the 1995 Budget and move its adoption.
RESOLUTION 4220
A RESOLUTION AMENDING RESOLUTION 4136 ADOPTING THE 1995 BUDGET
WHEREAS, the City Council has adopted a budget for the fiscal year, and
WHEREAS, changing conditions and circumstances warrant amending the budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the accounts are increased as follows:
Fund Division Account Amount
Portion for 1995 Non Union Pay Plan:
General Admin. Personal Services 1,740
General Finance Personal Services 1,080
General Police Personal Services 3,610
General Unallocated Contingency (6,430)
Portion for the Police lockers:
General Police Supplies 810
Portion for Police transport services:
General Police Prof. Services 690
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form
City Attorney
ANS NT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer Pt/IJ
SUBJECT: P&V Reconstruction, Project No. 1995-5
DATE: May 16, 1995
INTRODUCTION:
Attached is Resolution No. 4221, a resolution approving plans and specifications and ordering
the advertisement for bids for the P&V Reconstruction Project No. 1995-5.
BACKGROUND:
On January 3, 1995, the City Council of the City of Shakopee ordered the preparation of plans
and specifications for the P&V reconstruction. These plans have been completed, and are
available in the City Engineer's office for Council's review. At this time, staff is requesting
Council's permission to advertise for bids for this project.
On May 8, 1995, staff held a neighborhood meeting with the P&V residents to discuss the project
and provide an opportunity for input into the design before the plans were completed. The
meeting was attended by approximately 30 residents. The main topics of discussion were
connection requirements for sewer and water service, and construction details such as schedule,
access and mail delivery.
If Resolution No. 4221 is adopted, staff would propose opening bids on June 13, 1995 and
bringing the bids to the City Council on June 20, 1995 to award the bid. This should allow
construction to begin in July, and be substantially complete by September 15, 1995.
ALTERNATIVES:
1. Adopt Resolution No. 4221, a resolution approving plans and specifications and ordering
the advertisement for bids for the P&V Reconstruction Project No. 1995-5.
2. Deny Resolution No. 4221.
3. Table for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 4221, A Resolution Approving Plans and Specifications and Ordering the
Advertisement for bids for the P&V Addition and P&V 2nd Addition, Project No. 1995-5, and
move its adoption.
RESOLUTION NO. 4221
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
For P&V Addition And P&V 2nd Addition
Project No. 1995-5
WHEREAS, pursuant to Resolution No. 4150 adopted by City Council on January 3,
1995, Bruce Loney, Public Works Director has prepared plans and specifications for the
improvement of P&V Addition and P&V 2nd Addition by street reconstruction, sanitary sewer,
storm sewer, and watermain and has presented such plans and specifications to the Council for
approval.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. Such plans and specifications, a copy of which is on file and of record in the
Office of the City Engineer, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in
the Construction Bulletin an advertisement for bids upon the making of such improvement under
such approved plans and specifications. The Advertisement for Bids shall be published as
required by law.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
TO: Dennis R. Kraft CityAdministrator igc
MEMO
FROM: Bruce Loney, Public Works Director
SUBJECT: Vierling Drive, from County Road 79 to County Road 77
Project No. 1995-6
DATE: May 16, 1995
INTRODUCTION:
Attached is Resolution No. 4193, ordering an improvement and the preparation of plans and
specifications for Vierling Drive, from County Road (C.R.) 79 to C.R. 77, Project No. 1995-6.
BACKGROUND:
The ordering of Vierling Drive improvement from C.R. 79 to C.R. 77 was discussed at the May
2, 1995 Council meeting with the discussion centered on box culvert assessment policy and box
culvert design. The developer, Gold Nugget Development, has applied for a grading permit for
Meadows West 2nd Addition and submitted drawings for the final platting of Meadows West for
the dedication of right-of-way of Vierling Drive.
Staff believes it is appropriate to adopt Resolution No. 4193, to order the improvement at this
time. Also staff would recommend the following policy be adopted for the box culvert crossings
on this segment of Vierling Drive and the Upper Valley Drainageway Project (U.V.D.P.) which
was Policy No. 2 in the May 2, 1995 Council memo:
"Box culvert crossings of the Upper Valley Drainageway due to development will be assessed to
developer (s), the 36' local street equivalent for the box culvert. The additional length of culvert
needed for collector street oversizing will be paid by the City."
The rationale for this policy is that the City of Shakopee paid for the U.V.D.P. construction with
100% City funds. The Meadows West area received a benefit from the U.V.D.P. by providing
a positive outlet and allowing more property area to develop.
Thus the City's funding the construction of the U.V.D.P. can be viewed as the City's contribution
to a box culvert crossing. Cost of the U.V.D.P. through the Meadows West is estimated to be
$300,000.00. Any public land adjacent to Vierling Drive should not be included in the box
culvert assessment due to the City's earlier payment.
An example of this rationale would be in the City's reimbursement to Gold Nugget for a box
culvert on Vierling Drive in the Meadows Plat. In this case, the developer constructed the
U.V.D.P. within the development and dedicated the right-of-way at no cost to the City. The
Council did pay for the box culvert since the developer paid for U.V.D.P improvements.
A cost comparison of the two box culvert crossings of the U.V.D.P. by Gold Nugget
Development is as follows:
Meadow's West's Cost (West of C.R. 79)
$158,000 Mn/DOT reimbursement paid to Gold Nugget
for U.V.D.P. easements
$( 92,000) Proposed box culvert assessment
$ 66,000 Net Total
Meadow's Cost (East of C.R. 79)
$(58,000) Grading of U.V.D.P. in Meadows Plat
$( 8,250) Culvert Crossing
$(66,250) Total cost plus property dedication of U.V.D.P.
was provided by Gold Nugget at no cost to City.
The developer has submitted plans for the construction of Vierling Drive and has indicated a
willingness to proceed with the project. The developer will be pursuing severance damage for
the box culvert crossing from Mn/DOT.
Council at the May 2, 1995 meeting also directed staff to review box culvert design and this
directive will be done during the design of Vierling Drive improvements.
ALTERNATIVES:
1. Adopt Resolution No. 4193 for a specific reason.
2. Deny Resolution No. 4193 for a specific reason.
3. Table Resolution No. 4193 for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No. 1 to order plans and specifications prepared for Vierling Drive,
from C.R. 79 to C.R. 77 contingent upon a waiver of assessment appeal and dedication of right-
of-way of Vierling Drive by the developer, Gold Nugget Development.
Staff would recommend that Council approve the policy outlined in the memo for assessing box
culverts of the U.V.D.P.
ACTION REQUESTED:
1. Offer Resolution No. 4193, A Resolution Ordering an Improvement and the Preparation
of Plans and Specifications for Vierling Drive, from County Road 79 to County Road 77,
Project No. 1995-6, contingent upon a waiver of assessment appeal and right-of-way
dedication from Gold Nugget Development and move its adoption.
2. Move to adopt the policy outlined in the memo for box culvert crossing assessments of
the Upper Valley Drainageway Project.
BL/pmp
MEM4193
RESOLUTION NO. 4193
A Resolution Ordering An Improvement And
The Preparation Of Plans And Specifications For
Vierling Drive, From County Road 79
To County Road 77
Project No. 1995-6
WHEREAS, Resolution No. 4175, adopted on February 21, 1995, fixed a date for
Council hearing on the proposed improvement of Vierling Drive, from County Road 79 to County
Road 77 by pavement, curb & gutter, storm sewer, sidewalk and appurtenant work; 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 21st day of March, 1995, 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 ordered as hereinafter described:
Vierling Drive, from County Road 79 to County Road 77 by addition of
pavement, curb & gutter, storm sewer, sidewalk and appurtenant work, contingent
upon receipt of a waiver of assessment appeal and dedication of right-of-way for
Vierling Drive by Gold Nuget Development.
2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this
improvement, and shall prepare plans and specifications for the making of such improvement.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
isb
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerlc .f
SUBJECT: Pawnbroker's Employee License - Tracy A. Hirzel
DATE: May 16, 1995
INTRODUCTION:
The City has received an application for an employee license
from an applicant desiring to work in a pawnshop licensed in the
City of Shakopee.
BACKGROUND:
Tracy Allen Hirzel has submitted an application for an
employee license to work at American Pawnbrokers, 450 West 1st
Avenue.
The Police Department has conducted the customary background
investigation on Mr. Hirzel. The investigation disclosed nothing
to prohibit the issuance of a pawnbroker's employee license to Mr.
Hirzel.
ALTERNATIVES:
1. Grant a license.
2 . Deny a license.
3 . Table for additional information.
RECOMMENDED ACTION:
Approve the application and grant a Pawnbroker's Employee
License to Tracy Allen Hirzel, American Pawnbrokers, 450 West 1st
Avenue.
15 a.
Memo to: Dennis Kraft, City Administrator
From: Mark McQuillan, Recreation Supervisor
Re : Non-resident fees for Prior Lake residents
Date: 5/16/95
INTRODUCTION
Staff is requesting that the City Council revisit the issue
pertaining to non-resident fees for those who live in Prior Lake
and are within the Shakopee School District boundaries .
BACKGROUND
When the City Council approved the 1995 Fee Schedule at its
December 20, 1994 meeting, youth from outside the community who
participated in Shakopee' s recreation programs would have had to
pay a $5 . 00 non-resident fee for each seasonal activity. This fee
is in addition to the regular $13 Recreation Activity Fee the City
collects . Under the previously adopted Fee Schedule, participants
from Louisville and Jackson Townships would have been exempt from
paying the non-resident fee because the townships were already
making a contribution to the City' s recreation fund. However, the
townships' contribution was far less than what a City resident
would pay in property taxes for recreation services . It was
determined that City residents were subsidizing township residents
at rate of approximately $25 per person.
Following the January 24, 1995 Committee of the Whole Meeting with
the township supervisors, it was agreed that Jackson and Louisville
townships would pay the first $10 of each participant' s $21 non-
resident fee and the City would collect the remaining $11 at time
of registration. The City Council also determined that anyone
living outside the City of Shakopee and Louisville and Jackson
townships, including those who live in Prior Lake but are within
the Shakopee School District boundaries, would pay a $21 non-
resident fee.
At the last City Council meeting, there was a sentiment of leniency
towards the people of Prior Lake . Like Shakopee residents, they
pay a good portion of their property taxes to the City of Prior
Lake for recreational services . Despite this argument, Council
gave no indication that they wished to waive the entire non-
resident fee for Prior Lake residents . Staff would like to
recommend that City Coucil consider reducing the fee from $21 to
the previously adopted rate of $5 per activity for Prior Lake
residents who reside within the Shakopee School District .
ALTERNATIVES
1 . Move to authorize the appropriate City officials to draft
a Resolution amending the 1995 Fee Schedule to reduce the
non-resident fee from $21 to $5, retro-active to January 1,
1995, for Prior Lake residents living within the Shakopee
School District boundaries and present the resolution at
the next City Council Meeting.
2 . Move to table this issue for further information.
3 . Move to table this issue until further discussions are held
with Louisville and Jackson Township Supervisors .
4 . Maintain the status qou (no action necessary) .
ACTION REQUESTED
Move to authorize the appropriate City officials to draft a
Resolution amending the 1995 Fee Schedule to reduce the non-
resident fee from $21 to $5, retro-active to January 1, 1995, for
Prior Lake residents living within the Shakopee School District
boundaries and present the resolution at the next City Council
Meeting.