HomeMy WebLinkAbout04/04/2000 TENTATIVE AGENDA
CITY OF SHAKOPEE APRIL 4, 2000
REGULAR SESSION SHAKOPEE,MINNESOTA
LOCATION: 129 Holmes Street South
Mayor Jon Brekke presiding
1] Roll Call at 7:00 p.m.
2] Pledge of Allegiance
3] Approval of Agenda
4] Mayor's Report
A] Resignation of Firefighter Robin McCullough—Res.No. 5344
Approval of Consent Business— (All items noted by an * are anticipated to be routine. After a
5] sc opportunity for members of the City Council to
discussion by the Mayor, there will be an
remove items from the consent agenda for individual disc es ems remaining n. Those items
on removed
the conswill
tl be
considered in their normal sequence on the agenda. Thos
a enda will otherwise not be individually discussed and will be enacted in one motion.)
g
6]
RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS—(Limited to five
minutes per person subject. Longer presentations must e��Tophone uled at the podium City
for the
As this meeting is cablecast, speakers must approach
benefit of viewers and other attendees.)
*7] Approval of Minutes: February 1 and 15, 2000
*8] Approval of Bills in the Amount of$344,383.36
9] Public Hearings
10] Communications
11] Liaison Reports from Council Members
12] Recess for Economic Development Authority meeting
13] Re-convene
14] Recommendations from Boards and Commissions:
*A] Final Plat of Brittany Village 2nd Addition, located north of 17th Avenue and east of
Sarazin Street—Res.No. 5338
TENTATIVE AGENDA
April 4, 2000
Page -2-
14] Recommendations from Boards and Commissions continued:
B] Preliminary Plat of Christmas Creek, located north of CR 72, south of CR 14 and
East of CR 79 —Res. No. 5339
C] Planned Unit Development for Shakopee Valley Marketplace, located north of 17th
Avenue and east of Marschall Road—Res.No. 5340
*D] Preliminary Plat of Boldt Acres, located south of Timber Trails and west of Marschall
Road—Res. No. 5341
El Preliminary and Final Plat of Shakopee Valley Marketplace West, located north of
17th Avenue and west of Marschall Road—Res. No. 5336
15] General Business
A] Public Works and Engineering
1. 2000 Reconstruction Project—West 3`a Avenue Reconstruction Delay
B] Police and Fire
*1. Acceptance of Grant for Auto Theft Prevention Program—Res. No. 5337
C] Parks and Recreation
*1. Waterslide Repairs
2. Architectural Services for Park Shelter
3. Concession Stand Agreements—Joe Schleper Baseball Stadium
D] Community Development
*1. 2000 Transit Private Vehicle Capital Funding Agreement
*2. Joint Agreement with Lower Minnesota River Watershed District—Res. No. 5343
3. K-Mart Garden Center
E] General Administration:
1. Workshop Meetings
*2. Franchise Fee Update
*3. Lion's Club Donation
*4. Application for Pawnsh Lic nse—Frank's Pawn, Inc.
16] Council Concerns
17] Other Business
18] Adjourn to Tuesday, April 18, 2000
TENTATIVE AGENDA
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting April 4,2000
1. Roll Call at 7:00 p.m.
2. Approval of the Agenda
3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine.After a
discussion by the President,there will be an opportunity for members of the EDA to remove items
from the consent agenda for individual discussion. Those items removed will be considered in their
normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be
individually discussed and will be enacted in one motion.)
4. 4 Approval of Minutes: February 1,2000
5. Other Business:
6. Adjourn
edagenda.doc
OFFICIAL PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
SHAKOPEE,MINNESOTA
REGULAR SESSION
FEBRUARY 1, 2000
Members Present: Brekke, Morke,Link, Sweeney,President Amundson
Members Absent: None
Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community
Development Director; Bruce Loney,Public Works Director/City Engineer; Judith S. Cox.
City Clerk; Jim Thomson, City Attorney;Gregg Voxland, Finance Director.
Roll Call: President Amundson called the meeting to order at 7:50 p.m. Roll call was taken as noted
above.
II. a.,proval of Agenda
Sweeney/Link moved to approve the agenda as presented. (Motion carried unanimously).
III. A royal of Consent Business
Brekke/Sweeney moved to approve the Consent Business. Motion carried unanimously with Commissioner
Morke abstaining on approval of minutes of November 16, 1999.
A. Approval of the November 16, 1999 meeting minutes.
Brekke/Sweeney moved to approve the November 16, 1999 meeting minutes. (Motion carried unanimously
under the Consent Agenda)with Cncl. Morke abstaining.
1V. Financial
A. Approval of Bills -
Brekke/Sweeney moved to approve the bills in the amount of$74,118.35 for the EDA General Fund and
$0.00 for Seagate. (Motion carried unanimously under the Consent Agenda).
V. Economic Development Advisory Committee
A.) Appointment of Interview Panel
President Amundson introduced the item on the EDAC Interview Panel.
Mark McNeill, City Administrator, spoke to this issue. He asked that because of time commitments that
Commissioner Sweeney be relieved of sitting on the ED Interview
has agreed to fill Commissioner Sweeney
ssioner
Link fill that vacancy on the interview panel. Commissioner
spot on the interview committee. This interview panel to interview candidates to fill the Boards and
Commissions.
FEBRUARY 1PAGE, 2000
THE 2
SHAKOPEEOFFICIAL ECONOMICPROCEEDINGS DEVELOPMENTOF AUTHORITY
Brekke/Sweeney moved to affirm the appointments of Gary Morke, Clete Link, and Mark McNeill to serve
as the interview panel for the EDAC candidates. Motion carried unanimously.
B.) Nominations to Committee
SweeneyBrekke moved to nominate the following individuals to the Economic Development Advisory
Committee: Jeffrey Jansen, Brian Langdon, Jay Lyle, Scott O'Brien, James Plekkenpol, Bryan Sorenson.
Motion carried unanimously.
Vl. Other Business
Commissioner Link asked what was happening with the Small Cities Development Grant which the City of
Shakopee received. Mark McNeill responded that Paul Snook,Economic Development Coordinator,
would provide an update on the Small Cities Development Grant at the next Economic Development
Meeting.
V11. Adjournment
Sweeney/Brekke moved to adjourn to Tuesday, February 15, 2000, at 7:00 p.m. Motion carried
unanimously. The meeting adjourned at 7:55 p.m.
t✓, v lvt,n,
( .. GiC
.11.4g S. Cox, EDA Secretary
Carole Hedlund, Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE,MINNESOTA FEBRUARY 1, 2000
Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Link, Morke,
Amundson and Sweeney present. Also present: Bruce Loney, Public Works Director/City
Engineer; R. Michael Leek, Community Development Director, Gregg Voxland, Finance
Director; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Mark McNeill, City
Administrator;Marvin Athmann, Fire Chief
The pledge of allegiance was recited.
Sweeney/Morke moved to approve the agenda as written. Motion carried unanimously.
Mayor Brekke announced that the council meeting dates have been adjusted for the political
caucus'. The March 7th meeting will be held on February 29, 2000.
The following two items were added to the Consent Agenda: 15.F.8. Appointment of
Representative to the Scott County Jail Needs Study Committee and 15.F.6. Purchase of two
light trucks.
The following item was removed from the Consent Agenda: 15.E.3. 2000 Part-Time Pay Plan -
Resolution No. 5306.
Amundson/Link moved to approve the Consent Agenda as modified. Motion carried
unanimously.
Mayor Brekke asked if there were any interested citizens in the audience who wished to address
the City Council on any item not on the agenda. There was no response.
Mayor Brekke called for Mike Hawkins burning permit to be discussed at this time.
Mark McNeill reported on the burning permit requested by Mike Hawkins. This is a follow-up on
the request at the previous Council meeting. Marvin Athmann, Fire Chief, submitted a report on
Mr. Hawkins previous burning activities and we have those comments this evening along with the
Fire Chief present at this meeting.
Mike Hawkins, 1776 Canterbury Road, approached the podium to answer questions the Council
had regarding his request for a burning permit. Mayor Brekke informed Mike Hawkins that in the
Fire Chief s report it was noted that there were 1997.1 past problems. These problems were in
Also Mike Hawkins talked with the Fire
August of 1996, December 1996, and February
Chief in the spring of 1999 and at that time the Fire Chief denied a burning permit to Mr.
Hawkins. The Fire Chief told Mr. Hawkins to try again when the dry conditions were over. At
this time the Fire Chief discussed with Mr. Hawkins an eight point course of actions to be
Official Proceedings of the FEBRUARY 1, 2000
2
Shakopee City Council
followed. One of these points was not to haul brush or limbs to his site any longer. This point
was violated. Mr. Hawkins never applied for a burning permit again. According to Mr. Hawkins,
he would have had the large pile of brush burned in 1999 but he had a timing misunderstanding.
He did not know that there would be no open burning allowed within the City Limits of Shakopee
after January 1, 2000. Mr. Hawkins said this was the only permit he needed. He needed it only
for two days. He expressed that he would not have any violations with this fire; if he did he could
be double fined. The council felt giving Mr. Hawkins this permit would set a precedence for
future requests and they did not want to override the Fire Chief's recommendation.
Sweeney/Morke moved to grant a burning permit overriding the recommendation of Marvin
Athmann, the Fire Chief, to Mike Hawkins, 1776 Canterbury Road. Motion failed unanimously
on a vote of 5 - 0.
Marvin Athmann, approached the podium to discuss the purchase of a new light truck. He said
the State bid for this intended purchase ame 1Ford athigher
$20,391� Because he wasdealership.
not convinced
State bid for this purchase came from Airlake
Airlake Ford was including all the needed options for the Fire Department and he questioned if he
had the correct price from Airlake Ford, he explained that he asked Wolf Motors of Jordan for a
bid that included the same options as he requested from Airlake Ford. The bid from Wolfe
Motors was $19,700.00 and this included all the Fire Department's needed options. Cncl.
Sweeney felt if the State bid was not taken and the local bid was accepted, a precedent for future
bids was being created. Mark McNeill asked the Council if they wanted a policy change or should
the Council stay with the policy the City already had in place to go with the State bids. The
direction the Council was getting from Mary Athmann was that he was uncomfortable with the
State bid from Airlake Ford. Mr. McNeill recommended that either three bids be required or the
state bid be taken. This is consistent with City policy.
Sweeney/Morke moved that three bids be obtained for a light pickup, 2000 Ford Ranger, with the
same options that the Fire Department needs. Motion carried unanimously.
According to Mr. McNeill, normally there is not a problem with the State bid.
Amundson/Link moved to approve the Minutes of November 16, 1999. Motion carried
unanimously 4-0 with Cncl. Morke abstaining.
Amundson/Link moved to approve the Bills in the amount of$663,013.08
(Motion carried under the Consent Agenda).
There were no public hearings or communications this evening.
Liaison reports were given by Council Members.
Official Proceedings of the FEBRUARY 1, 2000page 3
Shakopee City Council
A recess was taken at 7:50 for the purpose of conducting an Economic Development Authority
meeting.
The meeting re-convened at 7:55 p.m.
Amundson/Link moved to authorize the purchase of one(1) new Brush Bandit Model 250XP
Brush Chipper, from Aspen Equipment for the Public Works Department utilizing the State Bid,
for the purchase price of$23,370.36, including tax and trade in with the purchase to be paid out
of the Capital Equipment Fund. (Motion carried under the consent Agenda).
Amundson/Link moved to authorize the purchase of one new F 1145 John Deere 6-foot mower
with attachments for the Public Works Department, from Siemon Implement Inc. utilizing the
State bid price of$23,155.23, with the purchase to be funded from the Capital Equipment Fund.
(Motion carried under the Consent Agenda).
Amundson/Link moved to authorize the purchase of one new Meiro 773G Bobcat with
attachments for the Public Works Department, utilizing State Bid Prices, and moved to accept the
quotes and authorize the purchase of two new Fellig trailers from Lano Equipment Inc. for the
total purchase price of$31,442.01, with the purchase to be funded from the Capital Equipment
Fund. (Motion carried under the Consent Agenda).
Amundson/Link moved to authorize the appropriate City Staff to enter into a photocopier lease
agreement with IKON Company for a Minolta Di350 copier for the Police Department at $472.50
per month for 36 months. (Motion carried under the Consent Agenda)
Amundson/Link moved to authorize the City Engineer to proceed with Design specifications for
the County Road 79 Trail Project from 10th Avenue to Mound Street. (Motion carried under the
Consent Agenda).
Amundson/Link offered Resolution No. 5310, A Resolution Making A Negative Declaration On
The Need For An Environmental Impact Statement For The Shakopee Valley Marketplace
Project located east of CSAH 17, south of TH 169 and north of 17th Avenue, and moved its
adoption (Motion carried under the Consent Agenda).
Mr. Leek approached the podium and reported on the Shakopee Crossings request that the City
of Shakopee prepare an Alternative Urban Areawide Review (AUAR)for a proposed
development south of STH 169 and on either side of CSAH 18. Mr. Leek reported that MUSA
was approved for the area south of STH 169 and on either side of CSAH 18 in September of
1999. If the Council approves ordering the AUAR which is a discretionary review, there would
not be a consultant used for this particular review. This review would be done in house using the
City Staff. Steve Soltau has agreed to reimburse the City for the use of staff s time and a
$1,000.00 check did accompany the application.
Official Proceedings of the FEBRUARY 1, 2000page 4
Shakopee City Council
Sweeney/Amundson moved to direct staff to prepare an order for Council action, on February 15,
2000, ordering an Alternative Urban Areawide Review(AUAR) for a prepared development
south of STH 169 and on either side of CSAH 18. Motion carried unanimously.
Mr. Leek approached the podium and reported on the hiring of a full-time Office Service Worker
for the Building Department. This previously was a shared position between the City Clerks office
and the Building Division. At the last Council meeting the Council accepted the resignation of
Lynette Walsh, the person that filled this shared position. Michael Leek stated that he felt this full
time position was necessary because of the increase of building permits the last three years and
because of the two new inspections personnel that were added to the Building Department. Only
about 1/2 of the salary is in the inspections budget.
Sweeney/Link moved to approve the proposed job description for Office Service Worker in the
Building Division at pay Grade B with Step 1 of that pay grade at a salary of$26,021,
(CC.DOC. #286) Motion carried unanimously.
Sweeney/Link moved to direct staff to prepare a budget amendment in amount of$18,250
thereby transferring funding from the surplus 1999 budget to fund this"new" full time Office
Service Worker in the Building Divisions office. The other share of the salary has already been
budgeted in the 2000 budget. Motion carried unanimously.
Sweeney/Amundson moved to authorize the appropriate persons to proceed with recruitment for
the Office Service Worker in the Building Division. Motion carried unanimously.
Amundson/Link moved to approve the job description for the Office Service Work in the City
Clerk's office and authorize the appropriate personnel to proceed with the recruitment to fill the
position, at one-half time, at Step 1 of Grade B. (CC.DOC. #287) (Motion carried under the
Consent Agenda).
Mayor Brekke asked staff if they were comfortable with the pay schedule for Part-Time and
seasonal employees of the City of Shakopee. He really wondered if some of these positions could
be filled at the hourly rate suggested. Mr. McNeill responded that he was comfortable with the
pay schedule because some flexibility had been built into the steps within classifications. The
Mayor requested that this pay schedule be brought back to the council if the City incurred hiring
problems because of salary in filling these positions.
Morke/Amundson offered Resolution No. 5306 A Resolution Adopting The 2000 Part-Time Pay
Schedule for the Part-Time And Seasonal Non-Union Employees Of The City of Shakopee, and
moved its adoption. Motion carried unanimously.
Official ProceedingsCityCouncil of the pFEBRUARYage 5 1, 2000
Shakopee
Amundson/Link offered Resolution No. 5308, A Resolution Of The City of Shakopee, Minnesota
Approving Premises Permit for American Legion Post 2, and moved its adoption. (Motion
carried under the Consent Agenda).
f The City
f
Amundson/Link offered Resolution No.
ForO9, A The Prior Lake lutionOons Club, Od movedaits adoption.
opee,
Minnesota, Approving Premises
(Motion carried under the Consent Agenda).
Amundson/Link offered Resolution No. 5311, A Resolution Establishing A Library Study Board
for The City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda).
Amundson/Link offered Resolution No 5312, A Resolution Establishing The Transit Commission
For The City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda).
Amundson/Link moved to make nominations to Boards and Commissions as follows:
Planning Commission and Board of Adjustment and Appeals: Mary Romansky, Michael Willard,
n, and Scott
Lori Gillick, Mark Houser, Jay LBoard' John Collinle, Jay Rubash, s, Dave Vorian sejpka, Jay RubaBhrien;l Ken Jaus,
Park and Recreation Advisory
Gretchen Theis, Jay Pexa, Kathy Gerlach;
Shakopee Public Utility Commission: David Thompson, Fred Dean, Jay Rubash;
Police Civil Service Commission: Stan VonBokern;
Cable Communications Advisory Commission: Ken Jaus;
Shakopee Community Access Corporation Board of Directors: Bob Ziegler, Ken Jaus, Gary
Morke;
Building Code Board of Adjustments and Appeals and Housing Advisory & Appeals Board:
Gene Juergens;
Board of Review: Brian Call, Eldon Reinke, Colleen Zastrow;
Economic Development Authority Advisory Committee: Jeff Jansen, Bryan Sorenson, Jim
Pekkenpol, Brian Langdon, Scott O'Brien, Jay Lyle, Gretchen Theis;
Transit Commission: Eldon Reinke, Marie Doyle, Bill Anderson, June Holmgren, Fred Dean;
Library Study Board: Jane DuBois, Duane Wemerskirchen, Gini Wermerskirchen, Don McNeil;
Ken Jaus, Anne Seifert, Peggy Hullander, Gretchen Theis, Patty Grunklee.
(Motion carried under the Consent Agenda).
Amundson/Link moved to authorize the purchase of one compact 4x4 pickup from Airlake Ford
for the Building Department and one 4x4 pickup from Airlake Ford for the Street Department at a
cost of$36,755 under the State of Minnesota contract with funding to come from the Internal
Service Fund. (Motion carried under the Consent Agenda).
Official Proceedings of the FEBRUARY 1, 2000
Shakopee City Council Page 6
Amundson/Link moved to authorize a special meeting to be held jointly with the Shakopee
Planning Commission and the City Council on Thursday, February 17, 2000, at 6:00 p.m.
(Motion carried under the Consent Agenda).
Amundson/Link moved to nominate Ed Dressen, 126 East 1st Ave., to the Scott County Jail
Needs Study Committee and appointed Ed Dressen, 126 East 1st Ave., as the Shakopee
representative to the Scott County Jail Needs Study Committee. (Motion carried under the
Consent Agenda).
Sweeney/Amundson moved to adjourn Tuesday February 8, 2000, at 6:00 p.m. Motion carried
unanimously.
The meeting was adjourned at 8:05 p.m.11w ith S. Cox
to ,„tt,ft ). e,c
ity Clerk
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 15, 2000
Mayor Brekke called the meeting to order at 7:03 p.m. with Council members Sweeney,
Amundson, and Link present. Absent: Council member Morke. Also present: Mark McNeill,
City Administrator; Bruce Loney, Public Works Director, City Engineer; R. Michael Leek,
Community Development Director; Judith S. Cox, City Clerk; Paul Snook, Economic
Development Authority Coordinator; and Jim Thomson, City Attorney.
The pledge of allegiance was recited.
The following item was removed from the agenda: 15.F.6. Electric Franchise Fee
Establishment.
Link/Amundson moved to approve the agenda as modified. Motion carried unanimously.
Police Chief, Dan Hughes approached the podium an explained that Ronald Scherer was
selected as the 1999 Officer of the Year by his peers. Chief Hughes read the nomination letter,
which was written by Patty Mohrbacher and included a list of Ron's professional
accomplishments and contributions to the community. Mayor Brekke then presented the
Officer of the Year plaque to Officer Ronald R. Scherer.
Link/Sweeney offered Resolution No. 5318, A Resolution of Appreciation to Ronald R.
Scherer, and moved its adoption. Motion carried unanimously.
Mayor Brekke read the Resolution
f famed copy.rofessional and dedicated
service to the community, and presented Ronald R. Scherer with a
Mayor Brekke recognized Kelsey and Sam from Sun Path, who were present as part of their
Leadership class.
The following items were removed from the Consent Agenda: 15.D.2. Purchase of Trailers for
Public Works Equipment. 15.C.1. Alternative Urban Area-wide Review (AUAR) for a
development of Shakopee Crossings.
Amundson/Link moved to approve the Consent Agenda as modified. Motion carried
unanimously.
Mayor Brekke asked if there were any citizens present in the audience who wished to address
any item not on the agenda. There was no response.
Amundson/Link moved to approve the Minutes of December 7, 1999 and January 25, 2000
(Motion carried under the Consent Agenda).
Amundson/Link moved to approve Bills in the amount of$472,364.61. (Motion carried under
the Consent Agenda).
Amundson/Link moved to accept the resignation of Jason Bullard from the Park and
Recreation Advisory Board, with regrets. (Motion carried under the Consent Agenda).
OSHAKOPEFFFICIA EPROCEEDINGSCITYCOUNCIL OF THE FEBRUARY 155 20E002 2
A recess was taken at 7:19 p.m. for the purpose of conducting the Economic Development
Authority meeting.
The meeting re-convened at 7:45 p.m.
Michael Leek explained that Oppidan Investment Company has requested the rezoning of
property which is currently zoned Agriculture Preservation, to B1,
Highway Business. The
property is located at the Southwest corner of CR 17 and Hwy 169. He said the Planning
Commission reviewed this request and recommended approval of the rezoning.
Michael Leek said he anticipated opposition to the rezoning as well as a minimum of two public
hearings. He said not all the concerns will be sorted out when the applications come in. When
asked if the developer would agree to all conditions before rezoning takes place, to avoid the
problems that occurred with the Kmart development, he said he didn't feel that the City would
lose any leverage as the property must be platted and go through Conditional Use Permit
review. He said ultimately, the Board of Adjustments and Appeals and the City Council have
authority to approve on conditions they feel appropriate.
Jim Thomson, City Attorney said that any conditions would have to be imposed at the time of
the development application. He said the conditions would be imposed on the land use
application and not the rezoning.
John Dietrich, Oppidan, approached the podium to answer questions.
JoAnne Johnson 1597 Highpoint Curve, approached the podium . She said she was opposed
to the development and anticipates increased traffic and lighting issues and asked about the
time table for the developer.
Michael Leek said that Oppidan entered into a contract with the Greenwood's and that contract
dictates when they have to move. He also said the public hearing notice radius is 350 feet
from property boundaries.
Marschall Johnson, a nearby townhouse resident, approached the podium and stated that he
was opposed to the rezoning.
Sweeney/Amundson offered Ordinance No. 565, An Ordinance of the City of Shakopee,
Minnesota, Amending est Cornerhe Map
(County Road17 and Higted in City coe Sec. O3 by hway 169 fromgLand Agr cultueal rally
Located at the South
Preservation (AG) to Highway Business (B1).
Marschall Johnson approached the podium and stated that the Pulte Mortgage Development
said they didn't know what was to be built on the corner, when he looked into buying his
townhouse.
Comm. Link inquired about a disclosure requirement for developers. Jim Thomson, City
Attorney, said he would look into the possibility.
Mayor Brekke said he supported the motion and the rezoning because the parcel has been
guided for Highway Business for a number of years. He said the City Council will do its best
OFFFICIALSHAKOPEE PROCEEDICITYCOUNCILNGS OF THEonditional Use Permits to FEBRUARY 15, 20E003 3
on the Preliminary Plat and with any Ctry to protect the nearby
residential areas.
John Dietrich approached the podium and said he would commit to a neighborhood meeting
with the Weston Ponds Association prior to any public hearings at the Planning Commission or
City Council level.
Motion carried unanimously.
Michael Leek explained that the Final Plat of Shenandoah Apartments consists of 14
apartment rental buildings with a total of 290 dwelling units. The gross density ranges from
13.09 to 14.8 units per acre. He said the plat is consistent with the Preliminary Plat which is
reviewed in May of last year. He recommended approval and said there were also a number
of comments incorporated into conditions which must be completed before filing the plat. He
added that this application was made under the new Subdivision Ordinance. Therefore, the
Final Plat goes directly to the City Council and is not seen by the Planning Commission.
Sween
on
f the City
Minnesota,
Approving
offeredtFinal Plat Resolution
of Shenandoah Apartments,,o and movedfi s adoption.
Minnesota, App 9
Motion carried unanimously.
er for
Amundson/Link moved to
adjacent to Sun Path Sch ol, for the amount of $375,000.authorize sff to sumit a formal proposal to Gene u 10
acres of park property (Mot n
carried under the Consent Agenda.)
Mark McNeill explained that since Ron Stellmacher's resignation, staff has been looking at the
current job description and duties as well as the Director, to determine if there might be a
better structure. After conducting some research, he said it appears that there are greater
efficiencies which might be met with restructuring the Department, and also provide the City
with an opportunity to address some unmet needs. Therefore, the vacant position which now
exists should be restructured as "Facilities and Recreation Director". He also recommended
that Mark McQuillian be given the responsibility to continue grant research and administration,
as well as park development and long range planning issues.
There have been other needs which have not been provided for in the City and Mark McNeill
proposed the creation of a new position, to be titled "Natural Resources Director", which should
be filled by Mr. McQuillan. He said this position would include issues such as shore land
management, tree ordinance implementation and reforestation administration, inventorying the
entire City for future park or preservation needs, and river front development coordination.
There is also a need for researching and coordinating the disposition of the 50 acre MnDOT
Parcel 75. This position would also do water quality programs and education, and coordinate
Milfoil programs.
Mark McNeill recommended keeping Mr. McQuillan at his existing salary in Grade M for the
time being, allowing time during the first year to analyze the new job responsibilities so that a
better appraisal may be made following experience with the new job. He said this has been
discussed with Mr. McQuillan and he does accept the new assignment. However, Mr.
McQuillan asked that if after review, there is a need to reduce the positions value that would
result in freezing the pay until the pay plan catches up with it, he asked that he continue to
receive the cost of living adjustment. He also asked that the probation period be waived.
OFFFICIAL PROCEEDINGS OF THE FEBRUARY 15, 2000
SHAKOPEE CITY COUNCIL PAGE 4
The old Facilities Manager was at pay range I, with a salary range from $41,110 to $51,387.
Mark McNeill recommended osalary9ange between $50 059 anthe "Facilities and tion d $62,574.
When
at pay range L,
which would provideany
When asked about funding the new position, Mark McNeill explained that Ron Stellmacher's
position will be vacant for approximately 4 months this year. He said funding would have to be
built into next year's budget.
Amundson/Link moved to adopt job descriptions for the position of Facilities and Recreational
Director, and Natural Resources Director. (CC DOC#288)
Cncl. Sweeney expressed concern that there is nothing explaining how the objectives or duties
will be carried out. Mark McNeill said that over the next year staff will work with Mr. McQuillan
to develop the job that includes obtainable goals that can be accomplished with his existing
training. He said there will be other needs where additional training will also be needed. He
said not all the items will be completed in the first year but this will provide a beginning.
Motion carried unanimously.
Link/Amundson offered Resolution No. 5317, A Resolution Amending Resolution No. 5278,
which adopted the 2000 Pay Schedule for the Officers and Non-Union Employees of the City
of Shakopee, and moved its adoption. Motion carried unanimously.
Sweeney/Amundson moved that Mark McQuillan be appointed February 16, 2000 to fill the
Natural Resources Director position, and through Scott County, advertise the availability of the
Facilities and Recreation Director position, and to advertise for the Facilities and Recreation
Director position. Motion carried unanimously.
Mr. Leek stated that Shakopee Crossings requested an Alternative Urban Areawide Review
(AUAR) for a project at the February 1, 2000, meeting. The project area is located east and
west of CSAH 18 and south of STH 169.
Cathy Gerlach approached the podium and posed questions regarding the timing of the
Alternative Urban Areawide Review (AUAR) in conjunction with another AUAR . She said she
had concerns that once the Resolution is passed things will move forward too quickly. She
said there are significant trees in the area and reminded the Council that there is a tree
ordinance in the process that could also involve the commercial development. She would like
the tree ordinance in place before this AUAR is started.
Steve Saltau approached the podium and stated that this is a proactive task on their part and
that the alternative to delay is that there may not be a comprehensive review. He said an
environmental review would only be seen if it was project specific.
Sweeney/Amundson offered Resolution No. 5315, A Resolution of the City of Shakopee
Ordering Preparation of An Alternative Urban Areawide Review (AUAR) for a Project Generally
Known as "Shakopee Crossings" and Located South of STH 169 and East and West of CSAH
18, and moved its adoption.
When asked if the City could manage both AUARS, Michael Leek said he had some
reservations but that he believed the process could be managed. He said it would be
challenging to make sure that both AUARS are complete and thorough.
OFFFICIAL PROCEEDINGS OF THE FEBRUARY 15, 2000
SHAKOPEE CITY COUNCIL PAGE 5
When asked about the willingness to allow extensions, Mr. Saltau stated that they are open to
the possibility of an extension. He said in the process where comments are made regarding
documents submitted, if the answers to those comments are insufficient, this is where they
would be subject to an extension. He said they have some additional material to develop
relative to specific concerns at this time and hoped that they could move forward without an
extension.
A discussion ensued regarding the disadvantages to the City of not performing an AUAR.
Michael Leek stated that the AUAR is a more thorough process for looking at the area in
question before receiving requests concern that staff be a Pa able to take ato develop. He said it is an oportunity to k
at the
impacts more completely. He expressedcritical look
at how the information is used. He said he would be more comfortable in taking a more hands-
on approach rather than having a consultant. He also said that Mr. Saltau has signed an
agreement to pay for reasonable costs of the AUAR.
Motion carried unanimously.
Amundson/Link moved to authorize the appropriate City officials to execute Grant Agreement
No. SG-99-138, approving $100,000.00 in Local Housing Incentives funds for the Evergreen
Heights Townhomes project. (Motion carried under the Consent Agenda).
Cncl. Link stated that he would be abstaining from discussion and voting and left the table.
Bruce Loney reported that a feasibility report for the 2000 Reconstruction Project No. 2000-4
was prepared and the report has been completed. The proposed project area includes the
following streets: 3rd Avenue, from CR 69 to Shumway Street; Shumway Street, from 3rd
Avenue to 2nd Avenue; and Harrison Street, from 6th Avenue to 3rd Avenue.
He said the first issue is that along the west side of 3rd Avenue, there are five parcels which
do not have sanitary sewer and watermain utilities. He said the sanitary sewer would need to
be installed before reconstructing the street. He said one alternative is to construct a
watermain along Harrison Street, which does not provide as much service area. Another
alternative would be to provide more service area, better fire protection and service lines to
serve buildings.
The second issue is that Harrison Street is 20 feet wide and constructed of concrete
pavement, and has been left in its state for some time now. Mr. Loney said the most costly
alternative would be to completely tear it up and construct a 36 foot wide street. He said there
are assessment issues involved. Another alternative would be to build Harrison Street to the
north and vacate the remainder with a maintenance trail to 6th Avenue. He said the property
owner has a portion of the property zoned R3 and there would be access issues. A third
alternative would be to improve Harrison Street from 3rd Avenue to 4th Avenue. The last
alternative would be to crack the concrete pavement, recompact it and overlay it. Mr. Loney
said this would be the least costly and does keep the street open.
The third issue is that 3rd Avenue does not have concrete curb and gutter. However, it does
have storm sewer set up for a 40 foot wide street. Mr. Loney said the street will be built to a 9-
ton design to serve the mainly commercial/industrial area with the residential property owners
assessed at 25% for a 7-ton roadway and the commercial/industrial parcels assessed for a 9-
ton roadway. Watermain would also need to be reconstructed.
OFFFICIAL PROCEEDINGS OF THE FEBRUARY 15, 2000
SHAKOPEE CITY COUNCIL PAGE 6
The fourth issue is that Shumway Street is in poor condition and proposed to be reconstructed
to match current intersections and storm sewer catch basins. Mr. Loney said that in order to
serve the properties that do not currently have sewer and water, sewer and water would have
to be extended along 2nd Avenue. However, he said those property owners are not interested
in sewer and water at this time. He said utilities could be extended along 2nd Avenue in the
future. There are no utilities in Shumway.
The fifth issue is high assessments. Mr. Loney explained that typically, the public hearing will
determine whether this project has the support of the property owners and having the
assessment hearing before bid award may not be necessary. He said past practice has been
to have the assessment hearing after the improvements are completed and final costs are
determined. He said staff will pursue waivers of assessment hearing from the major property
owners with the largest assessments.
The final issue is that the estimated project costs for the proposed street reconstructions which
is $1,523,994.31. This does include $128,713.75 of SPUC watermain. Mr. Loney said that the
assessment amount proposed at $635,692.53 is much higher then previously estimated due to
the new sanitary sewer and water improvements to commercial areas along 3rd Avenue and
the concrete curb and gutter is being assessed at 100% similar to the Gorman Street Project.
Mr. Loney said that by choosing Alternative No. 4 for Harrison Street of $115,000.00 versus
total reconstruction to a 36 foot wide street of$261,000.00 there is a savings of approximately
$150,000.00. Mayor Brekke stated that the was comfortable with Alternative No.4.
Sweeney/Amundson offered Resolution No. 5314, A Resolution Receiving a Report and
Calling a Hearing on an Improvement for the 2000 Reconstruction Project No. 2000-4, and
moved its adoption.
Cletus Link, 1216 Jefferson St. approached the podium and stated that he was in favor of this
project. He also asked if the property owners who are being assessed will have the
assessment numbers prior to the hearing. Bruce Loney explained that the average
assessment for a 100 foot residential property is approximately $3,400.00. He said they will
receive a notice of assessment hearing as well as notice of a public hearing. Mr. Link also
asked whether street lighting and trees have been considered. Cncl. Sweeney said this would
fall under the lighting policy. Bruce Loney said an amendment would be prepared for the
lighting costs.
Motion carried 4-0 with Councilor Link abstaining.
Councilor Link returned to his seat at the table.
Cncl. Sweeney inquired about the direction for the Finance Director to prepare a budget
amendment. He said he was not aware of any surpluses in the Public Works Operating Budget
and the Parks Division for the purchase of trailers. Mark McNeill explained that if funds are not
available in this year's operating budget, the logical source would be the Capital Equipment
Fund. Cncl. Sweeney's concern was that these purchases do not qualify for the Capital
Equipment Fund. He recommended a re-allocation within the department budget. Bruce
Loney explained that the intent is to direct a budget amendment later on if necessary.
OFFFICIAL PROCEEDINGS OF THE FEBRUARY 15, 2000
SHAKOPEE CITY COUNCIL PAGE 7
Sweeney/Link moved to accept the low quote from Lano Equipment, Inc. ($5,645.00), and Ace
Trailer Sales ($2,445.00) for the purchase of two (2) new trailers, and direct the Finance
Department to do a budget amendment, when it becomes necessary, in the Public Works
Operating Budget (Parks Division) for the purchase of these trailers. Motion carried
unanimously.
Bruce Loney explained that staff has been directed to look at improving the existing tennis
courts since the construction of the newer courts by the School District is completed. He
reported that soil borings have determined that there is exiting topsoil underneath the existing
tennis courts and other soils that should be removed. He said because these courts have
been overlaid a few times it would not be cost effective to overlay them again, and
recommended rebuilding them and shifting them further away from 10th Avenue and Fuller to
make them a better fit within the park system. He said there are plans available from the
School District and the same courts could be duplicated without the use of an architect. The
total project cost is approximately $200,000.00. However, Mr. Loney said that $100,000.00
was not included in the General Fund in any budget and asked where the Council would like
the funds to come from.
Cncl. Sweeney stated that a commitment has been made to the School District to reconstruct
the tennis court and that staff should proceed.
Sweeney/Brekke moved to authorize the Engineering Department to proceed with design of
the Stans Park tennis court reconstruction. Motion carried unanimously.
Amundson/Link moved to accept the settlement, and to authorize the appropriate City officials
to proceed with purchasing the easements from the Piepers for$17,000. (Motion carried
under the Consent Agenda).
Amundson/Link moved to authorize the appropriate City officials to sign and execute the Storm
Sewer Easement and Agreement with Continental 95 Fund LLC, for an outlet pipe for a pond
that connects to the public system in Vierling Drive. (Motion carried under the Consent
Agenda).
Amundson/Link moved to authorize the purchase of one (1) new John Deere 4600 Tractor
from Siemon Implement, Inc., utilizing State bid pricing for the purchase price of $20,661.00,
with the purchase to be funded from the Internal Capital Equipment Fund. (Motion carried
under the Consent Agenda).
Amundson/Link moved that David Kriesel has successfully completed the probationary period
for Building Inspector, and award him full-time regular status in that position. (Motion carried
under the Consent Agenda).
Amundson/Link moved to appoint Patty Latzke to the position of Office Service Worker with
the Building Division effective Monday, February 21, 2000 at Step 1, Grade B of the City of
Shakopee 2000 Pay Plan (i.e. $26,021 per year). (Motion carried under the Consent Agenda).
OFFFFICIAL PROCEEDINGS OF THE FEBRUARY 15, 2000
SHAKOPEE CITY COUNCIL PAGE 8
Amundson/Link moved to authorize the appropriate persons to proceed with the recruitment to
fill the receptionist position. (Motion carried under the Consent Agenda).
Amundson/Link moved to authorize the hire of Tracy Coenen as Management Assistant for the
City of Shakopee, with the criteria described in the February 9, 2000 memo from Mark McNeill
(CC DOC#289), contingent upon successful completion of testing and background
investigations. (Motion carried under the Consent Agenda).
Amundson/Link offered Resolution No. 5313, A Resolution Appointing Individuals to Various
Boards and Commissions, and move its adoption. Motion carried unanimously. (Councilor
Amundson volunteered to be on the Board of Review).
Amundson/Link moved to authorize the appropriate City officials to enter into a Right-of-Way
Permit and Facility Use Agreement with Metricom Inc. (Motion carried under the Consent
Agenda).
Amundson/Link moved to approve the applications and grant temporary on-sale liquor licenses
to the Church of St. Mark, 350 South Atwood Street, for February 26, 2000 and July 29 and
30, 2000. (Motion carried under the Consent Agenda).
Mark McNeill reported that the Cable Commission has requested that a workshop meeting be
established with the City Council so that the Council may review the cable franchise document
which will be presented to Time Warner Cable as part of franchise renewal negotiations. Due
to the Jackson Township annexation discussion, there is also a need to discuss the future of
MUSA in the community. He suggested Thursday, March 16 as a meeting time. The Council
concurred to meet on Thursday, March 16th from 5:00 p.m. to 7:30 p.m.
Amundson/Link moved to authorize the appropriate City officials to execute an estoppel
certificate for Textron Financial Corporation relating to a lease agreement between the City
and Stonebrooke Golf Course Partnership dated December 19, 1999. (Motion carried under
the Consent Agenda).
Sweeney/Link moved to adjourn to Thursday, February 17, 2000, at 6:00 p.m. Motion carried
unanimously.
The meeting was adjourned at 9:23 p.m.
dith S. Cox
ity Clerk
Esther TenEyck
Recording Secretary
. 0
if i
CITY OF SHAKOPEE
MEMORANDUM
TO: Mayor and City Council
Mark McNeill,City Administrator FROM: Marvin Athmann,Fire Chief 722Y71
SUBJECT: Resignation of Firefighter Robin McCullough
DATE: March 19,2000
Introduction
Robin McCullough submitted his resignation from the Shakopee Fire Department
Background
Robin McCullough joined the Shakopee Fire Dept.in January of 1985.He has faithfully served as a Fire
Fighter for 15 years.During the August 16,1999 Shakopee Fire Dept mandatory and OSHA required
annual medical exam,it was discovered that Robin has a significant breathing problem. Shakopee Fire
Dept engages a medical firm Med-Compass,Inc to perform these medical exams.Med-Compass Doctor
Anthony Smith,MD recommended against Robin engaging in fire-suppression duties due to these
problems.Robin followed-up with an independent respiratory specialist,who also recommended that he
does not engage in firefighting duties.
Robin has respectfully submitted his resignation from the Shakopee Fire Dept.effective 21 February 2000.
Action Requested
1• Accept Robin McCullough'sresignation from the Shakopee Fire Dept
2. Offer Resolution No. 5344, A Resolution of Appreciation to Robin
McCullough, and move its adoption.
RESOLUTION NO. 5344
A RESOLUTION OF APPRECIATION TO ROBIN McCULLOUGH
WHEREAS,the residents of the City of Shakopee have had the fortune of
having the services of volunteer firemen available for many years; and
WHEREAS,those individuals who are members of the City's Volunteer
Fire Department give many hours of their time for training, practice, and
responding to fires within the City and sometimes outside of the City; and
WHEREAS, Robin McCullough was a member of the Shakopee Fire
Department for 15 years; and
WHEREAS,Robin diligently and unselfishly served the residents of the
City of Shakopee while a member of the Shakopee Fire Department; and
WHEREAS, Robin faithfully responded to numerous fire and emergency
calls regardless of the untimeliness of said calls and personal and family
disruptiveness; and
WHEREAS, Robin displayed on many occasions personal disregard for
his own safety in order to protect the health, safety and welfare of Shakopee
residents.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Shakopee hereby extends its token of thanks and appreciation to Mr.
Robin McCullough for his many years of service on the Shakopee Volunteer Fire
Department.
Adopted in regular session of the City Council of the City of Shakopee,
held this 4th day of April, 2000.
Mayor
ATTEST:
City Clerk
FIRE
RAHR MALTING CO. K,
1847
800 WEST FIRST AVENUE,SHAKOPEE,MINNESOTA 55379,PHONE 6112N:45-1431
April 4, 2000
Mayor Jon Brekke and Shakopee City Council Members
City of Shakopee
129 Holmes Street South
Shakopee, Minnesota 55379-1328
Re: Proposed Shakopee Franchise Fee Ordinance
To Whom It May Concern:
We,the undersigned,wish to make known our position regarding the proposed
Shakopee franchise fee on Northern States Power and Minnegasco. We cannot
tolerate a unilaterally imposed franchise fee for electric or gas utilities. The proposed
franchise fee of.0033 cents per kilowatt hour is a very heavy burden to bear for the
industries of Shakopee. Such extreme increases in utility costs will harm Shakopee's
businesses, which are vital to the health of Shakopee's growing community. This is a
high price to pay for a very short-term solution to protect the City from any
anticipated increased competition from the deregulation of the electric industry. A
franchise fee will not effectively make up for any lost revenue from the City's own
utility companies if deregulation occurs and will only work to drive out Shakopee's
commercial and industrial users. Other Minnesota cities agree with this argument
because, currently, only thirteen(13)cities in Minnesota impose a franchise fee on
electric service and only nine(9) collect franchise fees for gas service. A utility
franchise fee does not make sense for all of the rest of the hundreds of Minnesota
cities who choose not hurt their industries, businesses, and residents by imposing a
utility franchise fee. Shakopee should not separate itself from the hundreds of
Minnesota cities that do not punish their industries, businesses, and residents with a
utility franchise fee.
A utility franchise fee is not necessary in Shakopee considering the current
growth of the existing businesses and industries within the city. This growth has and
will continue to increase the tax base of the City, creating no real need for the
proposed franchise fee. In fact, considering that so few Minnesota cities have a utility
franchise fee,the proposed Shakopee utility franchise fee may decrease the tax base
by driving out businesses and industries to a city where such fees are non-existent. In
addition,businesses will be reluctant to move to Shakopee with the knowledge that
they will be paying significantly higher utility costs in Shakopee than in the hundreds
of other Minnesota cities without a utility franchise fee. Thus,the proposed utility
franchise fed runs the risk of stagnating the Shakopee tax base,while suffocating the
existing tax base with an additional fee.
MINNEAPOLIS,MINNESOTA•SHAKOPEE,MINNESOTA
s
4
Proposed Shakopee Franchise Fee Ordinance
Page Two
April 4, 2000
We, the undersigned, agree that for the aforementioned reasons, the City of
Shakopee should not and cannot impose a franchise fee under the terms of its
currentlyproposed franchise fee ordinance. A utilityfranchise fee hurts the
P P
businesses and industries of Shakopee and it also hurts the residents of Shakopee who
will have to pay a higher price for essential fixed costs of which there is no substitute.
We ask that the City abandon its consideration of any utility franchise fee and we will
not tolerate the currently proposed franchise fee ordinance.
Very Truly Yours,
A
7h Parr-6.0+ P 41,E 64,i5.;
agOk/
Va ft l.t t
Rahr Malting Co. Ax „.. u it i co.
Anchor Glass Container Corp.
Inland Paperboard and Packaging, Inc.
Certain Teed Corp.
Valleyfair Family Amusement Park
Cc: Mr. Mark McNeill, City Administrator
g
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
RE: City Bill List
DATE: March 30, 2000
Introduction and Background
Attached is a print out showing the division budget status for
2000 based on data entered as of 03/30/00 .
Also attached is a regular council bill list for invoices
processed to date for council approval .
Included in the checklist but under the control of the EDA are
checks for the EDA General Fund (code 0191) in the amount of $0 .00
and for Seagate (code 9450) in the amount of $0 . 00 .
Also included in the checklist but under the control of the S.W.
Metro Drug Task Force (code 9825) are checks in the amount of
$12, 922 . 59 .
Action Requested
Move to approve the bills in the amount of $344, 383 .36 .
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
03/30/00
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR B COUNCIL 60,130 4,623 19,930 25
12 CITY ADMINISTRATOR 249,600 27,909 51,689 21
•
13 CITY CLERK 219,290 16,593 37,934 17.
15 FINANCE 429,990 44,856 69,721 16
16 LEGAL COUNSEL 298,500 9,316 78,213 26
17 COMMUNITY DEVELOPMENT 574,780 64,163 105,591 18
18 GENERAL GOVERNMENT BUILDINGS 253,840 19,576 35,189 14
31 POLICE 2,173,740 253,286 514,995 24
32 FIRE 705,840 31,577 91,013 13
33 INSPECTION-BLDG-PLMBG-HTG 428,070 56,893 109,962 26
41 ENGINEERING 541,650 49,945 115,258 21
42 STREET MAINTENANCE 904,850 46,627 142,567 16
44 SHOP 156,240 25,771 41,147 26
46 PARK MAINTENANCE 535,430 40,673 84,281 16
91 UNALLOCATED 557,010 -5,268 -6,652 -1
TOTAL GENERAL FUND 8,108,960 686,541 1,490,838 18
17 COMMUNITY DEVELOPMENT 509,990 31,642 73,071 14
TOTAL TRANSIT 509,990 31,642 73,071 14
19 EDA 247,380 7,220 14,296 6
TOTAL EDA 247,380 7,220 14,296 6
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CITY OF SHAKOPEE CONSENT'
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Beth Handrich,Planner I
SUBJECT: Final Plat of Brittany Village 2id Addition
MEETING DATE: April 4,2000
APPLICATION DATE and
REVIEW PERIOD DEADLINE: March 10, 2000—July 8, 2000
WATER SUPPLY NOTE: This application was received and review forms distributed prior to
the Council's direction on water supply issues. Thus, specific
comment on water supply issues was not requested However, SPUC
did receive a review request, and had not commented on this proposed
plat as of March 28, 2000.
Site Information
Applicant: Tollefson Development,Inc.
Location: North of Downing Avenue and south of Highway 169
Current Zoning: Multiple Family Residential(R-3)Zone
Adjacent Zoning: North: Highway 169
South: Multiple Family Residential(R3)Zone
East: Agricultural(AG)Zone
West: Highway Business(B-1)Zone
1995 Comp. Plan: High Density Residential
Area: 5.49 Acres
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Location/Zoning Map
Exhibit B: Brittany Village 2m Addition Final Plat Map
Exhibit C: Brittany Village Preliminary Plat Map
Introduction
Tollefson Development, Inc. is requesting Final Plat approval of Brittany Village 2nd Addition. The
property is located north of Downing Avenue and south of Highway 169(Exhibit A).
Considerations
Brittany Village received Planned Unit Development (PUD) and Preliminary Plat approval from the
Planning Commission and City Council. The submitted final plat is in substantial conformance with
both the PUD and Preliminary Plat.
The Scott County Environmental Health Department has commented that the proposed area of
development is highly susceptible to ground water contamination and that precautions should be taken
to minimize the potential for such contaminations.
The Building Official has commented that building construction, sewer and water services, fire
protection, and fire access shall be reviewed for code compliance at the time of building permit
application.
The Engineering Department has provided comments and those comments have been incorporated into
the conditions of approval.
The Minnesota Department of Transportation has commented that it is the responsibility of the
developer to provide any noise mitigation from existing highway noise. Such noise mitigation should
be designed to meet the limits defined in MPCA noise rules chapter 7030.
Alternatives
1. Approve the Final Plat of Brittany Village 2°a Addition, subject to the following conditions:
a) The following procedural actions must be completed prior to the recording of
the Final Plat:
i) Approval of title by the City Attorney.
ii) Execution of the Developers Agreement for construction of required public
improvements:
a) Street lighting to be installed in accordance with the requirements
of the Shakopee Public Utilities Commission.
b) Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
c) Water system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
d) Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of
Shakopee.
e) Street signs shall be constructed and installed by the City of
Shakopee at a cost to the developer of$270 per sign pole.
iii) The developer shall provide easements, as required by City Code.
iv) The cover page of the Final Plat shall be revised to reference Court as a
public dedication rather than Street, Avenue, Court and Drive.
v) The cover page of the Final Plat shall be revised to eliminate the signature
block for the Planning Commission Chairman, as final plats are no longer
reviewed by the Planning Commission.
vi) The developer shall be responsible for payment of Trunk Storm Water
charges, Trunk Sanitary Sewer charges, engineering review fees, and other
2
fees as required by the City's adopted Fee Schedule.
vii) Park dedication payments shall be required in the amount of $1,000 per
unit. The payment of park dedication fees can be deferred until issuance of
building permits. If deferred, payments shall be consistent with the City's
adopted fee schedule.
viii) The developer shall provide the area of each lot in square feet.
ix) A ten foot drainage and utility easement shall be added to the Final Plat
along the perimeter of the plat.
x) Final Construction Plans and Specifications, building construction and
locations, as well as sewer and water services must be approved by City
Engineer, City Building Official and Shakopee Public Utilities prior to
construction.
b) The following conditions shall apply after the recording of the Final Plat:
i) The developer shall install all subdivision monumentation within one year
from the date of recording the plat. At the end of the one year period from
recording of the Plat, the developer shall submit to the City Engineer
written verification by a registered land surveyor that the required
monuments have been installed throughout the plat. Monumentation may
only be installed on a per lot basis at the time of building permit issuance
with prior approval of the City Engineer.
2. Approve the Final Plat of Brittany Village 2`d Addition with revised conditions.
3. Do not approve the Final Plat of Brittany Village 2°d Addition.
4. Table a decision in order to allow time for the applicant and/or staff to submit additional
information or make any necessary revisions.
Staff Recommendation
Staff recommends Alternative No. 1, approving the Final Plat of Brittany Village 2"d Addition, subject
to conditions.
Action Requested
Offer Resolution No. 5338, a Resolution approving the Final Plat of Brittany Village 2"d Addition
with conditions.
Beth H: ¶'ch
Planner I
g:\cc\2000\cc0404\brittanyvillage2_fp.doc
3
RESOLUTION NO. 5338
ARE SOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE
FINAL PLAT OF BRITTANY VILLAGE 2ND ADDITION
WHEREAS, Tollefson Development, Inc., is the applicant and owner of said property;
and
WHEREAS, the property upon which the request is being made is legally described as
follows:
Outlot A, Brittany Village ls` Addition, according to the recorded plat thereof
Scott County, Minnesota; and
WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and
posted and all persons appearing at the hearing have been given an opportunity to be heard
thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA, as follows:
That the Final Plat of Brittany Village 2°d Addition is hereby approved subject to the following
conditions:
a) The following procedural actions must be completed prior to the recording of
the Final Plat:
i) Approval of title by the City Attorney.
ii) Execution of the Developers Agreement for construction of required public
improvements:
a) Street lighting to be installed in accordance with the requirements
of the Shakopee Public Utilities Commission.
b) Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
c) Water system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
d) Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of
Shakopee.
e) Street signs shall be constructed and installed by the City of
Shakopee at a cost to the developer of$270 per sign pole.
iii) The developer shall provide easements, as required by City Code.
iv) The cover page of the Final Plat shall be revised to reference Court as a
public dedication rather than Street, Avenue, Court and Drive.
v) The cover page of the Final Plat shall be revised to eliminate the signature
block for the Planning Commission Chairman, as final plats are no longer
reviewed by the Planning Commission.
vi) The developer shall be responsible for payment of Trunk Storm Water
charges, Trunk Sanitary Sewer charges, engineering review fees, and other
fees as required by the City's adopted Fee Schedule.
vii) Park dedication payments shall be required in the amount of $1,000 per
unit. The payment of park dedication fees can be deferred until issuance of
building permits. If deferred, payments shall be consistent with the City's
adopted fee schedule.
viii) The developer shall provide the area of each lot in square feet.
ix) A ten foot drainage and utility easement shall be added to the Final Plat
along the perimeter of the plat.
x) Final Construction Plans and Specifications, building construction and
locations, as well as sewer and water services must be approved by City
Engineer, City Building Official and Shakopee Public Utilities prior to
construction.
h) The following conditions shall apply after the recording of the Final Plat:
i) The developer shall install all subdivision monumentation within one year
from the date of recording the plat. At the end of the one year period from
recording of the Plat, the developer shall submit to the City Engineer
written verification by a registered land surveyor that the required
monuments have been installed throughout the plat. Monumentation may
only be installed on a per lot basis at the time of building permit issuance
with prior approval of the City Engineer.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and
directed to execute said Plat and Developer's Agreement.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held the day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Preliminary Plat of Christmas Creek
MEETING DATE: April 4, 2000
Discussion
Dave Brown Realtors LLC has made application for preliminary plat approval of Christmas
Creek. The subject site is located north of County Road 72, south of County Road 14, and east
of County Road 79.
The Planning Commission reviewed the application at its March 23 meeting. At this meeting
discussion regarding park dedication ensued. The Land Resources Director, on behalf of the Park
and Recreation Advisory Board, recommended that the City require the dedication of land not to
exceed 1 acre to accommodate a trail through the proposed development. The applicant indicated
that he was not interested in land dedication, that a park dedication cash contribution was
preferable.
The Planning Commission recommended approval of the Preliminary Plat to the City Council
subject to conditions which include the payment of a cash contribution for park dedication fees.
Alternatives
1. Approve Resolution No. 5339, a resolution approving the preliminary plat of Christmas Creek
with conditions as set forth below.
2. Approve Resolution No. 5339, a resolution approving the preliminary plat of Christmas Creek
with revised conditions.
3. Do not approve Resolution No. 5339.
4. Table the request for additional information.
Action Requested
Approve Resolution No. 5339, a resolution approving the preliminary plat of Christmas Creek
with conditions as presented, or with revised conditions.
..'""L►�1LL�
Julie ima
Pl. er II
g:\cc\2000\cc0404\ppchrcreek.doc
RESOLUTION NO.5339
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE
PRELIMINARY PLAT OF CHRISTMAS CREEK
WHEREAS, Dave Brown Realtors LLC is the Applicant and Claud and Mary Ann
Friendshuh are the Owners of said property; and
WHEREAS, the property upon which the request is being made is legally described as
follows:
That part of the Southeast Quarter of Section 31, Township 115, Range 22, Scott
County, Minnesota, lying South of the North 696.56 feet, except the South 726 feet of
the West 450 feet and except the East 150.00 feet of the West 1350.00 feet of the South
726.01 feet thereof
And
The East 150.00 feet of the West 1350.00 feet of the South 726.01 feet of the Southeast
Quarter of Section 31, Township 115,Range 22, Scott County,Minnesota
WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary
Plat of Christmas Creek on March 23,2000, and has recommended its approval;and
WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and
posted and all persons appearing at the hearing have been given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,as follows:
That the Preliminary Plat of Christmas Creek is hereby approved subject to the following conditions:
1) The following procedural actions must be completed prior to the recording of the Final
Plat:
a) Approval of title by the City Attorney.
b) Execution of a Developers Agreement for construction of the required public
improvements:
i) Electrical system to be installed in accordance with the requirements of the Shakopee
Public Utilities Commission.
ii) The developer shall include provisions for payment of the Trunk Storm Water
Charges, and the review fee for the Certificate of Exemption.
iii) Park dedication fees shall be collected in lieu of land dedication. Payment of park
dedication fees shall be in the amount of$1200.00 per lot and shall be collected at the
time of the recording of the Final Plat.
2) The shared driveways shall require a property owners association or maintenance agreement
for the driveways to be executed designating the party responsible for maintaining the
driveway(s), and granting that party the right to assess all properties benefiting from the
driveway for the cost of maintenance. The agreement shall also grant the City the right to
enter and maintain the driveway when it deems necessary to maintain safe access, and to
charge the cost of such maintenance back to the property owners.
3) Any driveway greater than 150 feet in length shall have a minimum design capacity of 5 tons.
BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed
to execute said Plat and Developer's Agreement.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held the day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee,MN 55379
•
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Preliminary Plat of Christmas Creek
MEETING DATE: March 23, 2000
REVIEW PERIOD DEADLINE: May 7, 2000
Site Information
Applicant: Dave Brown Realtors LLC
Location: North of County Road 72, South of County Road 14, East of County Road 79
Current Zoning: Rural Residential(RR)Zone
Adjacent Zoning: North: Rural Residential(RR)Zone
South: Spring Lake Township
East: Agricultural Preservation(AG)Zone
West: Rural Residential(RR)Zone
1995 Comp. Plan: Future Urban Area
Area: Approximately 110 Acres
MUSA: The site is NOT within the MUSA boundary.
Attachments: Exhibit A: Location/Zoning Map
Exhibit B: Preliminary Plat Drawing
Introduction
Dave Brown Realtors LLC is requesting Preliminary Plat approval of Christmas Creek. The property
is located north of County Road 72, south of County Road 14, and east of County Road 79 (Exhibit
A).
Considerations
The plat proposes the creation of six residential lots. Five of the lots are proposed to be sized between
10 and 17 acres and one lot is proposed to be approximately 40. No internal streets are proposed.
Access to the site will be provided via County Road 72. Scott County will be responsible for issuing
access permits from County Road 72.
The Park and Recreation Advisory Board (PRAB) reviewed this proposal at its meeting on March 13.
At this meeting, the PRAB directed staff to meet with Mr. Brown to discuss the possibility of trail
dedication. At this time, it is not the intent of the PRAB to provide any credit to the park dedication
fees in exchange for the trail dedication.
The Engineering Dept. has reviewed the application and has provided comments attached as Exhibit C.
Section 11.62, Subd. 2 addresses the use of shared driveways. The applicant is proposing that 3 shared
driveways be utilized to provide access to the proposed lots. The City Code requires that a property
owners association or maintenance agreement for the driveway must be executed to ensure
maintenance of the driveways. Staff has included this provision as a recommended condition of
approval.
Alternatives
1. Recommend approval of the Preliminary Plat of Christmas Creek to the City Council,
subject to conditions.
2. Recommend approval of the Preliminary Plat to the City Council, subject to revised
conditions.
3. Recommend denial of the Preliminary Plat to the City Council.
4. Table action on the matter and request additional information from staff and/or the
applicant.
Staff Recommendation
Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of
Christmas Creek to the City Council, subject to the following conditions (Alternative No. 1):
1) Prior to the review of the Final Plat by the City Council:
a) The applicant shall have provided a determination to staff regarding the potential for a trail
to be included with the development of the site.
2) The following procedural actions must be completed prior to the recording of the Final
Plat:
a) Approval of title by the City Attorney.
b) Execution of a Developers Agreement for construction of the required public
improvements:
c) Electrical system to be installed in accordance with the requirements of the Shakopee
Public Utilities Commission.
d) The developer shall include provisions for payment of the Trunk Storm Water Charges,
and the review fee for the Certificate of Exemption.
e) Park dedication fees shall be collected in lieu of land dedication. Payment of park
dedication fees shall be in the amount of$1200.00 per lot and shall be collected at the time
of the recording of the Final Plat.
3) The shared driveways shall require a property owners association or maintenance agreement
for the driveways to be executed designating the party responsible for maintaining the
driveway(s), and granting that party the right to assess all properties benefiting from the
driveway for the cost of maintenance. The agreement shall also grant the City the right to
enter and maintain the driveway when it deems necessary to maintain safe access, and to
charge the cost of such maintenance back to the property owners.
4) Any driveway greater than 150 feet in length shall have a minimum design capacity of 15 tons.
Action Requested
Offer a motion to recommend approval of the Preliminary Plat of Christmas Creek to the City
Council subject to conditions and, and move its adoption.
ulie Klima
Planner II
g:\boaa-pc\2000\mar23\ppchrcrk.doc
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Proposed Preliminary Plat of Christmas Creek
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Zoning Boundaries
01/11/00
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City of Shakopee
Memorandum
TO: Julie Klima, Planner II
FROM: Joel Rutherford. Assistant City Engineer /t
SUBJECT: Preliminary Plat—Christmas Creek
DATE: March 2, 2000
After reviewing the application submittals. I have the following comments for the Planning
Department, and for the applicant:
County Road 72
The access for all of the proposed lots is offof Count. Road Scott Counr. has Indicated
jurisdiction of this road will be tuned over to City .n the next year or so. Be .. ..
will be required from the Scott Count i I _n\\aY Deus:talent
technically. a :.ounl�.. road. a permit
:or any work in the right-of-way. including the driveway connections. Staff _ ro\:d:
comments with the Understand:n_- that :t will eventually be a city street.
In :he Comprehensive. Transportation Plan. this street :s anticipated to tunct:on as a collector
road Jy the Year 20=0. Because o[ the lower traffic woiUnles expected. it \: most :'.�ci`. be
low-volume or minor collector street. The City has a policy of not allowing ."C`,lay 'access
onto collector roads. This policy was Intended to prevent driveway connections in a typical
urban setting, where there may be a driveway every tOl)• or so. The applicant :s proposin'_ to add
three additional driveways. with the [inure homeowners utilizing shared driveways. With :he
Length of frontage along the street (approximately 2.200 feet). and the number of proposed
accesses. staff recommends the connections be allowed to this future collector road.
The existing gavel roadway :s approximately 25 to 30 feet in width. Because the road is currently
nor paved, and is too narrow for a collector road. the Council may consider requiring the
applicant to provide money for future improvements to the road. One of the problems with this
option is the timin1. of the improvements. If money is set aside for future improvements. there
may be more pressure from the future homeowners to improve the street sooner than '.vithout the
money set aside. If the City chose to improve the street in the next few years. additional funds
would be required from other sources.
Obtaining the remaining funds through assessments would be difficult because of the location of
the street. Because this area is not in the Urban Service Area, it may be difficult to show benefit
to the undeveloped parcels. On the south side of the street is Spring. Lake Township. which '.wiii
make it even more difficult to construct a Chapter 429 project.
A better alternative may be to wait until more development occurs on both sides of the street.
when the Council feels the entire cost of the project can be assessed to all the benefiting
properties. including the future homeowners within the proposed development.
Streets
Other than the dedicated right-of-way for the county road, no other streets or right-of-way are
proposed for this plat. Because of the low volume of traffic expected along this street, and
because of the expected densities in this area, no additional streets are needed to handle the
traffic. The large parcels adjacent to this development have access from other city and county
roads, so those parcels are able to develop without street connections to this development.
Requiring an internal street system for 6 parcels appears impractical,especially with the amount
of wetland area in the development. Virtually any street layout would require long temporary
cul-de-sacs that do not meet the City's design criteria.
Shared Driveways
The Board of Adjustment and Appeals must approve the use of shared driveways.
Storm Sewer Gradinuu Plan
It is expected that all :he lots will be custom _Traded at the time of building permit application.
The developer shall pay the storm water trunk charges for this development. per the Cir. s
adopted policy. For ;eral residential lots, the charge per lot will be as though: :he:y were one-acre
lots. with the balance of the charges imposed if the property is further subdivided. Using the Fee
Schedule for 2000. the total charge for :he development is 520.124 (53.354 ✓e' lot!.
The applicant has provided a wetland delineation report for the site. A certificate of exemption
is required from the C:ty. The current review fee for this certificate is 5
75.
Recommendation
Recommend approval of the preliminary plat. subject to the following conditions:
A) Prior to recording of the Final Plat. the following action must be completed:
1) Execution of the Developers Agreement,which shall include provisions for payment
of the Trunk Storm Water Charges. and the review fee for the Certificate of
Exemption.
B) The Board of Adjustment and Appeals approves the use of shared driveways.
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima,Planner II
SUBJECT: Planned Unit Development(PUD)for Shakopee Valley Marketplace
MEETING DATE: April 4, 2000
Discussion
KTJ Limited Liability Partnership Fifty has made application for Planned Unit Development
(PUD) approval of Shakopee Valley Marketplace. The subject site is located north of 17th Avenue
and east of County Road 17.
The Planning Commission reviewed the application at its March 23 meeting. Please find attached,
for the Council's reference, a copy of the March 23 memorandum to the Planning Commission.
At this meeting, the Planning Commission recommended approval of the PUD to the City Council
subject to conditions.
Alternatives
1. Approve Resolution No. 5340, a resolution approving the Planned Unit Development for
Shakopee Valley Marketplace, subject to conditions as set forth below.
2. Approve Resolution No. 5340, a resolution approving the Planned Unit Development with
revised conditions.
3. Do not approve Resolution No. 5340.
4. Table the request for additional information.
Action Requested
Approve Resolution No. 5340, a resolution approving the Planned Unit Development of
Shakopee Valley Marketplace with conditions as presented, or with revised conditions.
A. ... _ A
e Klima
anner II
G:\CC\2000\CC0404\PUD-SVM.DOC
RESOLUTION NO.5340
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING PLANNED
UNIT DEVELOPMENT#17 FOR SHAKOPEE VALLEY MARKETPLACE
WHEREAS, KTJ Limited Liability Partnership Fifty is the Applicant and Owner of said
property; and
WHEREAS, the property upon which the request is being made is legally described as
follows:
Lots 1, 2, 3, 4, 5, and 6, Shakopee Valley Marketplace, Scott County,Minnesota;and
WHEREAS, the Planning Commission of the City of Shakopee did review the Planned Unit
Development for Shakopee Valley Marketplace on March 23, 2000, and has recommended its
approval;and
WHEREAS, all notices of the public hearing for the Planned Unit Development were duly
sent and posted and all persons appearing at the hearing have been given an opportunity to be heard
thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,as follows:
That the Planned Unit Development#17 Shakopee Valley Marketplace is hereby approved subject to
the following conditions:
1. Development of the site shall generally comply with the site plan received by the City on
February 11, 2000, attached as Exhibit B.
2. The conditions listed in Resolution No. 5159 (original CUP resolution) shall apply with
the exception of Condition Nos. 1, 3, and 27.
3. A variation to allow a zero side yard setback for the in-line retail area shall be approved.
4. A variation to allow the proposed restaurant use on Lot 6 to provide 120 parking spaces
and overflow parking, as needed to be provided on Lot 1 shall be approved.
5. An open sales lot or use having exterior storage of goods for sale shall be allowed on Lot
1.
6. Open sales lots or any use having exterior storage of goods for sale shall be screened from
any adjacent residential zone.
7. Open sales lots or any use having exterior storage of goods for sale shall not have a public
address system which is audible from any residential property.
8. Open sales lots or any use having exterior storage of goods for sale shall be kept neat and
orderly.
9. Open sales lots or any use having exterior storage of goods for sale shall not have any uses
in any required front, side or rear yard setback or in any required parking area.
10. Open sales lots or any use having exterior storage of goods for sale shall not block any
sidewalk.
11. Shall not have a public address system from any part of the facility which is audible from
any residential property.
12. Staff shall verify that the retail center is in compliance with its requirements prior to the
issuance of any Certificate of Occupancy.
BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed
to execute said Development Agreement.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee,MN 55379
CERTIFICATION OF RESOLUTION NO. 5340
I, Judith S. Cox, City Clerk of the City of Shakopee, Nfmnesota, do hereby certify
that the attached is a true and correct copy of Resolution No. 5340, presented to and
adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof
held on the 4th day of April, 2000, as shown by the minutes of the meeting in my
possession.
Dated this day of , 2000.
Judith S. Cox, City Clerk
SEAL
PUD-SVM/PUS 4
r
Res.No. 5159
RESOLUTION NO.5159
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,
GRANTING APPROVING AN APPEAL BY OPPIDAN INVESTMENT COMPANY AND
GRANTING A CONDITIONAL USE PERMIT FOR A RETAIL CENTER,GAS
STATION,AND USES HAVING A DRIVE UPAY OR DRIVE THROUGH WINDOW IN THE
HIGH
NE
WHEREAS,Oppidan Investment Company, applicant, and Eugene Hauer, Sharron
Bernhagen and Eileen Kerkow, owners, filed an application received March 16, 1999 for a
Conditional Use Permit for retail center,gas station, and uses having a drive up or drive through
window under the provisions of Chapter 11, Land Use Regulation(Zoning), of the Shakopee City
Code, Section 11.36, Subd. 3.E., J., and V; and
WHEREAS,this parcel is presently zoned Highway Business(B1); and
WHEREAS,the property upon which the request is being made is legally described as;
The south 8.00 feet of the Southeast Quarter of the Southeast Quarter of
Section 7, Township 115, Range 22, Scott County,Minnesota;and
That part of the Southeast Quarter of the Southeast Quarter of Section 7,
Township 115, Range 22, Scott County, Minnesota lying southerly of the
plat of Minnesota Department of Transportation Right-of-Way Plat No.
70-5;Except the South 8.00 feet of the Southeast Quarter of the Southeast
Quarter of Section 7; and
The North 8.00 feet of the North Half of the Northeast Quarter of the
Northeast Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; and
The South 330.00 feet of the West 450.00 feet of the North Half of the
Northeast Quarter of the Northeast Quarter of Section 18, Township 115,
Range 22, Scott County, Minnesota;and
The North Half of the Northeast Quarter of the Northeast Quarter of
Section 18, Township 115, Range 22, Scott County, Minnesota, Except the
North 8.00 feet of said North Half and also except the South 330.00 feet of
the West 450.00 feet of said North Half of the Northeast Quarter of the
Northeast Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota.
Res. No. 5159
WHEREAS,notice was provided and on April 22, and May 6, 1999,the Board of
Adjustment and Appeals conducted a public hearing regarding this application,at which it heard
from the Community Development Director and invited members of the public to comment; and
WHEREAS,the Board of Adjustments and Appeals denied Oppidan Investment
Company's request for CUP; and
WHEREAS,Oppidan Investment Company appealed the decision of the Board, and the
appeal was heard by the City Council at its May 18, 1999 meeting; and
WHEREAS,the City Council concluded that Oppidan Investment Company's request met
the City Code criteria for granting a CUP, and upheld Oppidan's appeal.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL AND
APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS:
That the appeal of Oppidan Investment Company is hereby upheld; and
BE IT FURTHER RESOLVED, that the application for Conditional Use Permit is hereby
GRANTED subject to the following conditions:
1. Development of the site shall generally comply with the site plan received by the City
on April 29, 1999, attached as Exhibit A.
2. The retail center shall have driveways a minimum of 200 feet apart, and a minimum
of 200 feet from any street intersection, unless the City Engineer approves a different
location in order to improve traffic safety.
3. The retail center shall have driveways as depicted on the site plan received by the
City on April 29, 1999.
4. If a lot within a retail center dedicates all its street access rights to the City, and gains
its access from a recorded easement through an adjacent lot, then the minimum lot
size may be reduced to 20,000 square feet.
5. Drive up or drive through window(s) shall be screened to a height of 6 feet from any
adjacent residential zone.
6. Any uses which have a drive up or drive through window shall not have a public
address system which is audible from any residential property.
7. Drive up or drive through window facilities shall provide stacking for at least six
vehicles per aisle. The required stacking shall not interfere with internal circulation
patterns or with designated parking facilities, and shall not be located in any public
right-of-way, private access easement, or within the required parking setback.
8. Gas stations uses shall be screened from any adjacent residential zone.
9. Gas station uses shall not store any vehicles which are unlicensed and inoperable on
the premises, except in appropriately designed and screened storage areas.
10. Gas station uses shall conduct all repair, assembly, disassembly, and maintenance of
vehicles within a building, except minor maintenance such as tire inflation, adding oil
and wiper replacement.
Res. No. 5159
11. Gas station uses shall not have a public address system which is audible from any
residential property.
12. Gas station uses shall provide stacking for gas pumps for at least one car beyond the
pump island in each direction in which access can be gained to the pump. The
required stacking shall not interfere with internal circulation patterns or with
designated parking facilities, and shall not be located in any public right-of-way,
private access easement, or within the required parking setback.
13. Gas station uses shall not sell, store, or display any used vehicles.
14. Gas station uses may have a canopy which projects up to ten feet into the required
front or rear yard setback. The setback shall be maintained clear of all obstruction up
to a height of thirteen feet. The canopy shall have a maximum vertical thickness of
three feet. The canopy shall have a maximum height of 18 feet.
15. Landscaping on site shall comply with the requirements of the City Code. In
compliance with Section 11.60, Subd. 8.E the apalicant shall provide, prior to
the recording of the CUP, a landscaping bond in an amount equal to 115
percent of the value of the landscaping to ensure compliance during the first
year of planting.
16. All on site lighting shall be directed on site (toward the structure, parking
areas, etc.) and shall comply with the lighting requirements of the City Code.
A lighting plan which complies with the requirements of the City Code must
be submitted at the time of Building Permit application. Lighting located
within the public right-of-way shall be the responsibility of the City.
17. The applicant shall provide a combination of berming and planting along
Sarazin Street to prevent headlight wash in the direction of Sarazin Street.
18. Mechanical components on the top of the structure shall be screened.
Screening can be accomplished through painting, paneling or other material as
deemed acceptable by the Zoning Administrator.
19. Trash compactors shall be fully screened from view. Other trash receptacles,
including but not limited to dumpsters, shall be stored in fully enclosed areas,
including the top.
20. Adequate lighting, acceptable to the staff and City Engineer, will be provided
on 17th Avenue and Sarazin Street at the entrance(s) to the site.
21. This conditional use permit (CUP) shall not be effective until such time as the
final plat for the property has been recorded with the Scott County Recorders
Office and all property owners have provided signatures for the CUP
application.
22. Building materials used on the sides and rear of the building shall be of the
same or similar materials and colors as the front of the building.
23. Signage along Sarazin Street shall be limited to the size and height
requirements of the City Code in effect at the time of sign permit application
and shall be of a monument type design, constructed of face brick, stone,
decorative block, painted block or other similar materials. Signage shall
require an approved sign permit, if applicable.
24. Signage along 17th Avenue shall be limited to the size and height
requirements of the City Code in effect at the time of sign permit application
8
•
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima,Planner II
SUBJECT: Retail Center Planned Unit Development(PUD)
MEETING DATE: March 23,2000
REVIEW PERIOD: February 11 —June 10,2000
Site Information
Applicant: KTJ Limited Liability Partnership Fifty
Property Owner: KTJ Limited Liability Partnership Fifty
Location: Southeast corner of Highway 169 and County Road 17;north of 17th Avenue
Current Zoning: Highway Business(B1)
Adjacent Zoning: North: Highway 169
South: Office Business(B2)Zone/PUD Overlay#6(St.Francis Hospital)
West: County Road 17
East: High Density Residential(R3)
1995 Comp Plan: Commercial
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A Zoning/Location Map
Exhibit B: Site Plans
Exhibit C: Communication from the Applicant
Introduction:
KTJ Limited Liability Partnership Fifty has submitted an application for a retail center Planned
Unit Development (PUD). The subject site is located at the southeast corner of County Road 17
and Highway 169, north of 17th Avenue. Please see the attached exhibits for site location and
proposed site design.
In May 1999, the subject site received approval of a Conditional Use Permit (CUP) to allow a
retail center, gas station, and uses having a drive up or drive through window. However, since
that time, the City Code has been amended to require retail centers to be reviewed as a Planned
Unit Development (PUD) rather than a Conditional Use Permit (CUP). As such, at this time the
applicant is submitting revised plans which propose modifications from the original CUP
approval. Please refer to Exhibit C, Correspondence from the applicant.
Considerations:
The original CUP approved the development of approximately 190,000 square feet of retail area.
This PUD application requests approval of approximately 280,000 square feet of retail area.
The site was reviewed for buffering, access and other design issues as a part of the original CUP.
The approval of the CUP took into account the concerns and issues identified as a part of that
review. To the extent that the site may not comply with the current retail center PUD
requirements, it is a function of the original CUP approval and review.
The PUD application also requests approval of 2 variations. The PUD section of the zoning
ordinance states the following: "Design standard variations, including but not limited to, lot
size and setbacks, shall be allowed with a PUD designated for commercial and/or industrial
development, when the City Council deems such variations are necessary to implement
community goals for development as outlined in the Comprehensive Plan". A variation is
requested to allow a zero setback for in-line retail proposed along the northern portion of the site.
There is a lot line between the area identified as"Retail D" and"Office Supplies". The City Code
would require a 20 foot setback on either side of that property line. The applicant is requesting
that a zero setback along that property line. The applicant discusses their justification for the
request in Exhibit C.
The second variation requested as part of the PUD application is a variation to the parking
requirements for Lot 6. The developer (under other application) is requesting approval of a
Conditional Use Permit to allow a Class II restaurant (a Class II restaurant is one which serves
alcoholic beverages and/or provides live entertainment). For restaurant uses, the Shakopee City
Code requires parking spaces to be provided based on both the number of seats provided in the
restaurant and the square footage of the building. Based upon the proposed size of the building,
240 parking spaces would be required. The applicant is requesting a variation to allow 120
parking stalls. Consistent with the discussion at the PUD Concept Review, Exhibit C states that
overflow parking could be provided on Lot 1 as needed.
The applicant states in Exhibit C that the proposed user for the west side of the site (Frank's
Nursery and Crafts) intends to have an outdoor sales area. Section 11.36 of the Shakopee City
Code requires that open sales lots or uses having exterior storage of goods for sale shall require a
Conditional Use Permit (CUP). However, the Retail Center PUD portion of the Code states that
uses listed as conditional uses in the underlying zoning district may be allowed within a retail
center PUD upon approval by the City Council. A separate CUP process shall not be required.
Staff has incorporated the standard conditions for outdoor sales as conditions of approval for the
PUD. The Commission may add any conditions it deems appropriate.
Staff proposes the following conditions be imposed as part of the Planned Unit Development:
1. Development of the site shall generally comply with the site plan received by the City on
February 11, 2000, attached as Exhibit B.
2. The conditions listed in Resolution No. 5159 (original CUP resolution) shall apply with
the exception of Condition Nos. 1, 3, and 27.
3. A variation to allow a zero side yard setback for the in-line retail area shall be approved.
4. A variation to allow the proposed restaurant use on Lot 6 to provide 120 parking spaces
and overflow parking, as needed to be provided on Lot 1 shall be approved.
5. An open sales lot or use having exterior storage of goods for sale shall be allowed on Lot
1.
6. Open sales lots or any use having exterior storage of goods for sale shall be screened from
any adjacent residential zone.
7. Open sales lots or any use having exterior storage of goods for sale shall not have a public
address system which is audible from any residential property.
8. Open sales lots or any use having exterior storage of goods for sale shall be kept neat and
orderly.
9. Open sales lots or any use having exterior storage of goods for sale shall not have any uses
in any required front, side or rear yard setback or in any required parking area.
10. Open sales lots or any use having exterior storage of goods for sale shall not block any
sidewalk.
11. Shall not have a public address system from any part of the facility which is audible from
any residential property.
12. Staff shall verify that the retail center is in compliance with its requirements prior to the
issuance of any Certificate of Occupancy.
Alternatives:
1. Recommend approval of the PUD to the City Council subject to the conditions presented.
2. Recommend approval of the PUD to the City Council subject to revised conditions.
3. Recommend denial of the PUD to the City Council.
4. Continue the public hearing for additional information.
5. Table the request for additional information.
Recommendation:
Staff recommends Alternative No. 1, approval of the PUD, as recommended.
Action Requested:
Offer a motion to approve the PUD, as recommended and move its adoption.
1
'e Klima
Planner II
g:\boas-pc\2000\mar23\Pudtrgt.doc
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Proposed Retail Center PUD
I I Zoning
, 1 Parcels
02/29/00
•
—.0111111111.— exHisrre.
•
OPPID.AN
Builder of towns.Creator of value
•
5125 Cowry ROAD 101 • #100 • MINNETONI A,MN 55345 • PHONE: 612/294-0353 • FAX:612/294-0151 • WEB:www.oppidart.com
February 11,2000
• Ms.Julie Klima
City of Shakopee •
129 Holmes Street South
Shakopee,.MN 55379
- RE: Planned Unit Development-Shakopee Valley Marketplace
Shakopee,MN
Dear Julie:
In conjunction with the PUD Application,this letter shall serve as a narrative for the application and the
site description.
The site consists of approximately 30.5 acres,as platted and is designed and planned for a retail complex.
A CUP for a retail center has been approved at this time. At this time,we would like to change this from a
CUP to a PUD,more in-line with the city's current development standards. The salient facts for the project
are as follow:
• Total Acreage of 30.5 acres.
• The project includes approximately 240,000 square feet of In-Line retail space(including Target)
and 45.000 of outlot buildings. •
• Phase I Development(current CUP)consisted of 190.000 square feet.including the current Target
store under construction(126,000 s.f.)and future buildings totaling 64.000 s.f.
• The additional buildings in this application for Phase II will add approximately 90,000 square feet
to the existing approved square footage of 190.000 s.f.for a total of 250.000 square feet on the
project.
• The property is currently planed into six separate lots.
• All city dedications for streets utilities have been.
• A Developer's Agreement for this site has been filed and all fees currently due have been paid.
• A traffic study for this site(fully developed as outlined in this PUD).as well as the surrounding
retail and commercial corners has been completed and accepted by the City of Shakopee. The
improvements proposed in.the report have been accepted by the City and are anticipated to be
completed prior to the completion of the entire center.
• An Environmental Assessment Worksheet has been prepared by the City and a negative
declaration has been made.
r -
•
•
The current CUP was based upon the known facts at the time of submission. The additional square footage
anticipated in this application was considered in performing the traffic analysis for the area. The proposed
improvements to the adjacent roadways anticipated full development of this parcel and the surrounding
parcel to full development.
The city has accepted the traffic study and the improvements as outlined. Those road improvements are
underway and should be completed prior to the opening of the Target store. In addition,the additional
square footage and uses are consistent with the zoning and uses allowed in the development and are
compatible with the area.
Oppidan,Inc. is the developer for all of the site. The ownership has not changed from the time of approval
of the CUP.-The overall design of the site was based upon the current access points, street design and
utility designs approved by the city. The entire site was planned to be compatible with the existing designs
and require no major modifications to the ptiblic or private utility or roadway systems.
The design and character of the buildings is set forth to attempt to tie all buildings together. The proposed
user on the west side of the site(Frank's Nursery&.Crafts)will have outdoor sales areas. A 6-foot high
decorative fence will enclose these areas.
The variances currently contemplated for this site include a side yard setback on the in-line retail and a
• parking variance for Lot 6(Restaurant). Regarding the side yard setback, the normal setback is 20'.
However,since Target owns its site and the in-line retail is owned by the applicant,the attempt is to
maintain a consistent.contiguous building on the north side of the site. In order to maintain this look and
feel of one building, the variance is required. We do not feel that this request is unreasonable giver(the fact
that the only parties affected are each of the specific property owners. There is no impact to property
owners outside of the current shopping center. -
The in-line retail.including Target.would be proposed to have zero lot lines and adjoining walls. A11
•
building proposed or under construction are sprinkled. In addition.we have received a determinate from
the city at the time of construction of the Target store that this type of design would be acceptable for the
unlimited building arca category. •
With regard to the parking for a restaurant.the current code requires I stall for each 3 seats AND I stall for
every 50 square feet of building. Based upon the proposed building size(7.000 s.f.)and the number of
seats(300)this would require a total of 240 parking stalls. The current site(Lot 6)is designed to
accommodate approximately 120 parking stalls.
We feel that the current ordinance is a burden to a restaurant. Typical restaurant seating, as we have seen it
for similar Class II Restaurant uses,range from a ratio of I stall for 50-60 square feet or 1 stall per 3 seats,
in surrounding communities. Additionally,the overall parking for the center will meet all requirements and --
there will be excess parking available oh Lot 1 for overflow parking(if required). The use of Lot 1 for
overflow,if needed.will not impact the balance of the users on Lot 1.
_ Although we do not have a specific restaurant user identified,we feel,given the overall shopping center
compatibility and what we have seen in other communities,parking at 1 stall per 3 seats,with the proximity
of additional parking to the north and west(again,if needed),is ample for this user.
We feel that this PUD and the proposed buildings are consistent with the city requirements and zoning and
are within the parameters of the Traffic Report and the EAW design. Wefeel the uses are consistent with
the current zoning,are compatible to the area and present new users to the city that,as indicated to us,are
users that the city needs.
As always,we are more than willing to discuss any item(s)that you made need more clarification one and -
look forward to working with the city staff and Commission/Council on this project.
_ Sincerely,
0.1.1.4'''''" ‘„,,,l''''''-'..-.6..e:
Paul J.Tucci
ATTACHMENTS:
• Traffic Comparison
• CUP Narrative
• Site Development Narrative
• Application Sc Fees
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CITY OF SHAKOPEE ►-- _
Memorandum CONSENT,
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Preliminary Plat of Boldt Acres
MEETING DATE: April 4,2000
WATER SUPPLY NOTE: The proposedplat does not require a connection to the Shakopee
Public Utilities Commission water system.
INTRODUCTION:
Robert M. and Clara L.Boldt have made application for preliminary plat approval of a one-lot
subdivision identified as Boldt Acres. The final plat application for this plat has been received, and will
forward at the April 181 Council meeting.
ALTERNATIVES:
1. Approve the proposed preliminary plat of Boldt Acres subject to the following proposed
conditions;
a) The following procedural actions must be completed prior to the recording of
the Final Plat:
i) Approval of title by the City Attorney.
ii) Execution of the Developers Agreement or some other agreement that shall
include provisions for payment of the Trunk Storm Water Charges, as well
as the review fee for the Certificate of Wetland Exemption.
b) The following conditions shall apply after the filing/recording of the Final
Plat:
i) Building construction, sewer and water services, fire protection and access
shall be reviewed for code compliance at time of building permit
application.
ii) Park dedication may deferred to the time of issuance of a building permit for
the proposed lot, and would be at the park dedication rate in effect at the time
of issuance of the building permit.
iii) The developer shall install all subdivision monumentation within one year
from the date of recording the plat. At the end of the one-year period from
recording of the Plat,the developer shall submit to the City Engineer
written verification by a registered land surveyor that the required
monuments have been installed throughout the plat. Monumentation may
only be installed on a per lot basis at the time of building permit issuance
with prior approval of the City Engineer.
iv) An access permit must be approved by the Scott County Highway
Department before any work in the CSAH 17 right-of-way may begin.
2. Approve the proposed preliminary plat of Boldt Acres subject to revised conditions;
3. Do not approve the preliminary plat of Boldt Acres.
4. Table the request for additional information.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed the proposed preliminary plat on March 23, 2000, and
unanimously recommended approval subject to the conditions outlined above.
ACTION REQUESTED:
Offer and pass Resolution No. 5341 approving the preliminary plat of Boldt Acres subject to
conditions.
R. Michael Leek
Community Development Director
i:\commdev\cc\2000\0404\PPBoldtAcres.doc
RESOLUTION NO. 5341
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE
PRELIMINARY PLAT OF BOLDT ACRES
WHEREAS,Robert M. and Clara L.Boldt,property owners, have made application for
preliminary plat approval of Boldt Acres;and;
WHEREAS,the subject property is legally described as follows;
That part of the northern 399.00 feet of Government Lot 1, Section 19, Township 115, Range 22,
Scott County,Minnesota lying east of the west 200.00 feet. Together with that part of the north
399.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 19 lying westerly of the
centerline of County Road Number 17(Marschall Road)
WHEREAS,the Shakopee Planning Commission opened a public hearing on this request on
February 17,2000, and concluded the public hearing on March 23,2000;and
WHEREAS,all required public notices regarding the public hearing were posted and sent;and
WHEREAS,the Shakopee Planning Commission has recommended approval subject to the
conditions listed below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,as follows:
That the preliminary plat of Boldt Acres is approved subject to the following conditions;
1. The following procedural actions must be completed prior to the recording of the
Final Plat:
a) Approval of title by the City Attorney.
b) Execution of the Developers Agreement or some other agreement that shall
include provisions for payment of the Trunk Storm Water Charges, as well as the
review fee for the Certificate of Wetland Exemption.
2. The following conditions shall apply after the fding/recording of the Final Plat:
a) Building construction, sewer and water services, fire protection and access shall be
reviewed for code compliance at time of building permit application.
b) Park dedication may deferred to the time of issuance of a building permit for the
proposed lot, and would be at the park dedication rate in effect at the time of issuance
of the building permit.
c) The developer shall install all subdivision monumentation within one year from the
date of recording the plat. At the end of the one-year period from recording of the
Plat, the developer shall submit to the City Engineer written verification by a
registered land surveyor that the required monuments have been installed
throughout the plat. Monumentation may only be installed on a per lot basis at the
time of building permit issuance with prior approval of the City Engineer.
d) An access permit must be approved by the Scott County Highway Department
before any work in the CSAH 17 right-of-way may begin.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Preliminary Plat of Boldt Acres
MEETING DATE: March 21,2000
INTRODUCTION:
Robert M. and Clara L. Boldt have made application for preliminary plat approval of a one-lot
subdivision identified as Boldt Acres.
CONSIDERATIONS:
The Engineering department has made specific comments, a copy of which are attached to this report.
The recommendations suggested by the Engineering department have been incorporated into the draft
conditions of approval provided by staff.
The Scott County Highway Department has also made specific comments. A copy of these comments
are also attached for the Commission's information. These comments pose two issues that will need to
be resolved by the time of final plat approval. These are;
• How to restrict the property to access from a future City street when the property to the south
develops;and
• The potential need to require additional right of way for CSAH 17 in the future.
Park dedication may deferred to the time of issuance of a building permit for the proposed lot, and
would be at the park dedication rate in effect at the time of issuance of the building permit.
Alternatives:
1. Recommend approval of the proposed preliminary plat of Boldt Acres subject to the following
proposed conditions;
A. The following procedural actions must be completed prior to the recording of
the Final Plat:
1. Approval of title by the City Attorney.
2. Execution of the Developers Agreement or some other agreement that shall
include provisions for payment of the Trunk Storm Water Charges, as well
as the review fee for the Certificate of Wetland Exemption.
B. The following conditions shall apply after the filing/recording of the Final
Plat:
1. Building construction, sewer and water services, fire protection and access
shall be reviewed for code compliance at time of building permit
application.
2. Park dedication may deferred to the time of issuance of a building permit for
the proposed lot, and would be at the park dedication rate in effect at the time
of issuance of the building permit.
3. The developer shall install all subdivision monumentation within one year
from the date of recording the plat. At the end of the one-year period from
recording of the Plat, the developer shall submit to the City Engineer
written verification by a registered land surveyor that the required
monuments have been installed throughout the plat. Monumentation may
only be installed on a per lot basis at the time of building permit issuance
with prior approval of the City Engineer.
4. An access permit must be approved by the Scott County Highway
Department before any work in the CSAH 17 right-of-way may begin.
2. Recommend approval of the proposed preliminary plat of Boldt Acres subject to revised
conditions;
3. Do not approve the preliminary plat of Boldt Acres.
4. Table the request for additional information.
Staff Recommendation:
Staff recommends alternative no. 1, a recommendation of approval with conditions.
Action Requested:
Offer and pass a motion recommending approval of the preliminary plat of Boldt Acres subject to
conditions.
iii 1
f
R. Michael Leek
Community Development Director
i; 32300 PPBotdtAcresdoc
•
•
City of Shakopee
Memorandum
TO: Michael Leek, Community Development Director
FROM: Joel Rutherford,Assistant City Engineer
SUBJECT: Preliminary Plat—Boldts Acres
DATE: March 10,2000
After reviewing the application submittals, I have the following comments for the Planning
Department,and for the applicant:
The developer shall pay the storm water trunk charges for this development, per the City's
adopted policy. For rural residential lots, the charge per lot is calculated as though it were a one-
acre lot, with the balance of the charges imposed if the property is further subdivided. Using the
Fee Schedule for 2000. the Storm Water Trunk Charge for the development is S3,354.
The will need to obtain a certificate of exemption from the City, to insure no wetland impacts.
The current review fee for this certificate is $75.
Any work in the County's right-of-way will require a permit from the Scott County Highway
Department.
Recommendation
Recommend approval of the preliminary plat, subject to the following conditions:
A) Prior to recording of the Final Plat, the following action must be completed:
1. Execution of a Developers Agreement or some other agreement, which shall include
provisions for payment of the Trunk Storm Water Charges, and the review fee for the
Certificate of Exemption.
March 13, 2000
Michael Leek
City of Shakopee
129 Holmes Street
Shakopee, MN 55379
Subject: Boldts Acres Preliminary Plat
Dear Mr. Leek:
We have reviewed the Preliminary Plat as it relates to Highway Department issues and offer
the following comments or concerns:
• Access to the property shall be gained via the City street system when the property to the
south develops. In the meantime, only one access to CSAH 17 shall be allowed for the
entire property. The access shall conform to County standards.
• We expect it will become necessary to widen CSAH 17 in the future, considering future
traffic volumes and the function of CSAH 17 as an arterial in the City of Shakopee. Such
widening would likely require public right of way in addition to the 50' from the centerline of
CSAH 17, which currently exists on the east side of this property. It should also be noted
that along the property to the north of Boldts Acres (Timber Trails), over 65' is dedicated to
CSAH 17 from its current centerline. Additional dedication would result in existing
structures on the property falling within County right of way. In light of this potential liability,
we would be willing to listen to any creative solutions which would enable the county
highway facility to be expanded when deemed necessary, but in the meantime, allow the
existing structures to continue to be used.
• An access permit must be approved by the Highway Department before any work in the
right-of-way may begin.
Thank you for the opportunity to comment Please contact me if you have any questions or
need additional information.
Sincerely,
Brian K. Sorenson, P.E.
Transportation Engineer
Email: Brad Larson, County Engineer
Craig Jenson, Transportation Planner
c:\windows\temp\sh boidt.doc
/ J, !
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: R. Michael Leek, Community Development Director
SUBJECT: Preliminary and Final Plat Request for Shakopee Valley Marketplace West
MEETING DATE: April 4,2000
APPLICATION DATE: February 25,2000
WATER SUPPLY NOTE: This application was received prior to the Council's direction on
water supply issues. Thus, reviews were also sent out prior to that
direction, and specific comment on water supply issues was not
requested However, SPUC did receive a review request, and had not
commented on this proposed plat as of March 28, 2000.
Introduction:
Daimler/Chrysler and Oppidan have made application for preliminary and final plat approval, and
previously received Council's approval to present the applications to the Council at the same time.
This plat proposes the creation of seven lots, and the dedication of two public streets(Weston Circle
and Greenwood Court). Attached for the Council's information is a copy of the report that went to the
Planning Commission on March 23`x.
Considerations:
Council directed that the applicants hold a neighborhood meeting prior to conducting a public
hearing on the proposed preliminary plat. Representatives of Daimler/Chrysler did meet with
representatives of the Weston Ponds homeowners association prior to the public hearing on this
plat being held at the Planning Commission, as well as the public hearing for the conditional use
permit for the motor vehicle sales, service, and repair use. For the Council's information, on
March 23M the Board of Adjustments and Appeals(BOAA) approved Daimler/Chrysler's request
for a CUP with additional conditions requested by the residents, and agreed to by
Daimler/Chrysler.
Park dedication fees shall apply to this development. The current City Fee Schedule requires
payment of$3880.00/acre. Total park dedication fee of$112,520 would be due and payable at
time of recording the plat.
The final plat is in substantial compliance with the preliminary plat reviewed and recommended
for approval by the Planning Commission.
Alternatives:
1. Approve Resolution No. 5336, a resolution approving the preliminary and final plat of
Shakopee Valley Marketplace West subject to the following proposed conditions;
L The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement with provisions for Plan A and Plan B
improvements.
1. Street lighting to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
2. Electrical system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of Shakopee.
5. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer
Charges, security for the public improvements, engineering review fees,
and other fees as required by the City's adopted Fee Schedule.
6. The developer shall be responsible for the construction and any
associated costs of a bituminous trail along the north side of 17th
Avenue along the southern boundary of the plat.
7. Easements shall be added to the plat, for all public improvements, and
as required by City Code and a 10 foot trail easement on south
boundary of the plat.
8. Payment of park dedication fees shall be paid prior to recording the
plat.
C. Grading/Erosion Control/Storm Sewer plans and specifications must conform
to City requirements and are subject to approval by City Engineer.
D. The City Engineer will reapportion the existing special assessments against the
lots and the developer shall waive the right to appeal the reapportionment.
E. The developer shall pay existing levied special assessments or may request that
they be reapportioned against the new lots. Developer shall pay the current fee
for reapportioning each assessment code and agree to the City Engineer's
reapportionment.
II. Following approval and recording of the final plat,the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. No drainage shall enter into Scott County right-of-way.
C. No berming, landscaping, signage, or ponding will be allowed within Scott County
right-of-way.
D. Any grading or utility work within the Scott County right-of-way will require a
permit from the County prior to commencement of work.
2. Approve Resolution No. 5336, a resolution approving the preliminary and final plat of
Shakopee Valley Marketplace West subject to revised conditions;
3. Approve only the preliminary plat, and direct staff to prepare a resolution consistent with that
decision
4. Do not approve either the proposed preliminary or final plat of Shakopee Valley Marketplace
West.
5. Table the request for additional information.
Staff Recommendation:
Staff recommends Alternative No. 1, approval with conditions.
Action Requested:
Offer and approve resolution no. 5336, a resolution approving the preliminary and final plats of
Shakopee Valley Marketplace West.
R. Michael Leek
Community Development Director
i:\commdev\cc 2000\0404\pfpsvmwest.doc
RESOLUTION NO.5336
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE
PRELIMINARY AND FINAL PLAT OF SHAKOPEE VALLEY MARKETPLACE WEST
WHEREAS,Oppidan Investment Company and RLK Kuusisto,Ltd. are the applicants, and
Eldon and Lila Greenwood and J.Edwin Chadwick,L.L.C. are the owners of said property;and
WHEREAS,the properties upon which the request is being made is legally described as
follows:
Lot 1, Block 1, Weston Pond Scott County,Minnesota
And
The Southeast Quarter of the Southeast Quarter of Section 7, Township 115 North, Range 22
West, Scott County, Minnesota, excepting therefrom the following described property:
Beginning at the Northeast corner of the said Southwest Quarter of the Southeast Quarter;
thence running southerly along the East line a distance of 208.00 feet, thence Westerly and
parallet to the North line a distance of 628.87 feet; thence northerly a distance of 208.00 feet to
the said North line; thence Easterly along the North line to the point of beginning; and also
excepting therefrom the following: that part of the said Southwest Quarter of the Southeast
Quarter of Section 7, Township 115 North, Range 22 West, shown as PARCEL 57B on the
Minnesota Department of Transportation Right of Way Plan Numbered 70-5 as the same is on
file and of record in the office of the County Recorder in and for Scott County,Minnesota.
And
The Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 18,
Township 115 North, Range 22 West, Scott County,Minnesota.
WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary
Plat of Shakopee Valley Marketplace West on March 23,2000, and has recommended its approval.
WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent and
posted and all persons appearing at the hearing have been given an opportunity to be heard thereon.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,as follows:
That the Preliminary and Final Plat of Shakopee Valley Marketplace West is hereby approved subject
to the following conditions:
L The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement with provisions for Plan A and Plan B
improvements.
1. Street lighting to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
2. Electrical system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and construction of
streets in accordance with the requirements of the Design Criteria and
Standard Specifications of the City of Shakopee.
5. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer
Charges, security for the public improvements, engineering review fees,
and other fees as required by the City's adopted Fee Schedule.
6. The developer shall be responsible for the construction and any associated
costs of a bituminous trail along the north side of 17th Avenue
along the southern boundary of the plat.
7. Easements shall be added to the plat, for all public improvements, and as
required by City Code and a 10 foot trail easement on south boundary of
the plat.
8. Payment of park dedication fees may be deferred until the time of building
permit issuance. The fees paid at time of building permit issuance shall be
at the rate contained in the City's Fee Schedule in effect at that time.
C. Grading/Erosion Control/Storm Sewer plans and specifications must conform to
City requirements and are subject to approval by City Engineer.
D. The City Engineer will reapportion the existing special assessments against the lots
and the developer shall waive the right to appeal the reapportionment.
E. The developer shall pay existing levied special assessments or may request that
they be reapportioned against the new lots. Developer shall pay the current fee for
reapportioning each assessment code and agree to the City Engineer's
reapportionment.
II. Following approval and recording of the final plat,the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. No drainage shall enter into Scott County right-of-way.
C. No berming, landscaping, signage, or ponding will be allowed within Scott County
right-of-way.
D. Any grading or utility work within the Scott County right-of-way will require a
permit from the County prior to commencement of work.
BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed
to execute said Plat and Developer's Agreement.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of ,2000.
Jon P.Brekke,Mayor of the City of Shakopee
ATTEST:
Judith S.Cox,City Clerk
�
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Preliminary Plat of Shakopee Valley Marketplace West
MEETING DATE: March 23,2000
APPLICATION DATE: February 25,2000
Site Information:
Applicant: Daimler/Chrysler,Oppidan Investment Company
Property Owners: Eldon and Lila Greenwood;J.Eldon Chadwick,L.L.C.
Location: Southwest corner of County Road 17 and Highway 169, north of 17th
Avenue
Current Zoning: Highway Business(B 1)Zone
Adjacent Zoning: North: Highway 169
South: Office Business(B2)Zone/PUD Overlay#6(St.Francis Hospital)
East: CSAH 17
West: Agricultural Preservation Zone(AG),guided residential
1995 Comp.Plan: Commercial
Area: 29 Acres,±
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit k Zoning/Location Map
Exhibit B: Preliminary Plat and Site Plan
Introduction:
Daimler/Chrysler and Oppidan have made application for concurrent preliminary'Yand final plat review
for the proposed Shakopee Valley Marketplace West. Under the recently adopted subdivision
ordinance, only the preliminary plat application is reviewed by the Planning Commission. This plat
proposes the creation of seven lots,and the dedication of two public streets(Weston Circle and
Greenwood Court).
Considerations:
Council directed that applicants Daimler/Chrysler hold a neighborhood meeting prior to
conducting a public hearing on the proposed preliminary plat. It is staffs understanding that
representatives of Daimler/Chrysler did meet with representatives of the Weston Ponds
homeowners association.
The site is currently under review for Conditional Use Permit(CUP) applications to allow 1)
motor vehicle sales, service and repair; 2) a drive-up facility for a proposed bank, and 3) a gas
station/convenience store. The applicant has requested a variance from the 100 foot setback
requirement for commercial uses adjacent to residential zones. This variance request, as well as
landscaping, parking, and other performance standards are being, and will be, reviewed as part of
Conditional Use Permit and/or building permit application.
Park dedication fees shall also apply to this development. The current City Fee Schedule requires
payment of$3880.00/acre. The applicant has not requested deferral of payment of these.fees.
Therefore, a total park dedication fee of approximately $112,520 shall be paid at the time of
recording of the final plat.
The following written comments have been received:
• The Engineering Department has provided comments,a copy of which is attached for the
Commission's information. The recommendations are included in the proposed,recommended
conditions of approval.
• The City Attorney has commented that the dedication language needs to be changed to add
"circle"and"court." He has further posed the question whether proposed Lot 5 meets
ordinance requirements. City Code Sec. 11.36 requires a lot width of 100 feet at the front
setback line,while proposed Lot 5 has a lot width of only 70 feet. The preliminary plat should
be revised to make Lot 5 conform with the lot width requirement.
• The City Clerk has commented that the signature and dedications page will need to be revised
to add the following; 1)spouses of married persons, 2)the property owners of the"Chadwick"
parcel.
• The Finance Department has commented that there are pending and levied assessments. The
payment of these assessments is addressed in the conditions that must be met before recordipg
of the final plat.
• The Scott County Environmental Health department has commented that ponding should be
designed in accordance with Federal NURP standards. The City applies those standards in
reviewing grading and stormwater management plans for development.
• The Scott County Highway department has provided specific comments, a copy of which is
attached for the Commission's information. Many of these comments relate to restrictions on
access to 17th Avenue that the County wishes to see put in place, as well as additional turn
lanes that the County wishes to see installed. These recommendations require further review
and response by the City Engineer and the City's traffic engineering consultant.
Alternatives:
1. Recommend to the City Council approval of the preliminary plat of Shakopee Valley
Marketplace West subject to the following proposed conditions;
L Prior to review of the preliminary and final plat by the City Council, the
following actions shall be taken:
A. The dedication language shall be amended to add"circle" and"court."
B. The signature and dedications page shall be amended to include signature
blocks for all persons required to sign the plat.
C. The plat and associated drawings shall be revised to include the
recommendations of the City's Engineering department and/or traffic
engineering consultant regarding access, right-of-way, and roadway
improvements.
D. The plat shall be revised so that all lots meet minimum lot width requirements.
IL The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement with provisions for Plan A and Plan B
improvements.
1. Street lighting to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
2. Electrical system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of Shakopee.
5. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer
Charges, security for the public improvements, engineering review fees,
and other fees as required by the City's adopted Fee Schedule.
6. The developer shall be responsible for the construction and any
associated costs of a bituminous trail along the north side of 17th
Avenue along the southern boundary of the plat.
7. Easements shall be added to the plat, for all public improvements, and
as required by City Code and a 10 foot trail easement on south
boundary of the plat.
8. Park Dedication fees shall apply to this plat in the amount of$3880. 00
per acre, and shall be paid at that time.
C. Grading/Erosion Control/Storm Sewer plans and specifications must conform
to City requirements and are subject to approval by City Engineer.
D. The City Engineer will reapportion the existing special assessments against the
lots and the developer shall waive the right to appeal the reapportionment.
E. The developer shall pay existing levied special assessments or may request that
they be reapportioned against the new lots. Developer shall pay the current fee
for reapportioning each assessment code and agree to the City Engineer's
reapportionment.
III. Following approval and recording of the final plat,the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. No drainage shall enter into Scott County right-of-way.
C. No berming, landscaping, signage, or ponding will be allowed within Scott County
right-of-way.
D. Any grading or utility work within the Scott County right-of-way will require a
permit from the County prior to commencement of work.
2. Recommend to the City Council approval of the preliminary plat of Shakopee Valley
Marketplace West subject to revised conditions
3. Recommend denial of the proposed preliminary plat of Shakopee Valley Marketplace West.
4. Continue the public hearing to the meeting of April 6th for additional information.
5. Close the public hearing, but table a decision in order to allow time for the applicant and/or
staff to provide additional information.
Staff Recommendation:
Staff recommends either Alternative No. 1, approval with conditions, or Alternative 4,
continuance, dependent on whether the Commission wishes to review the revisions proposed by
the conditions above.
Action Requested:
Offer a motion to recommend approval of the preliminary plat of Shakopee Valley Marketplace
West subject to the conditions outlined in Alternative No. 1, or a motion to continue the public
hearing to April 6th.
./f."‘-4-1.4, • ' —
R. Michael Leek
Community Development Director
is\commdev\boas-pc\2000\0323\ppsvmwest.doc
March 13, 2000
Julie Klima
City of Shakopee
129 Holmes Street
Shakopee, MN 55379
RE: CUP,Variance, Preliminary Plat,Final Plat
NW Corner of CSAH 17 and 17th Avenue
Dear Julie:
We have reviewed the Conditional Use Permit, Variance,and Final Plat as they relate to Highway
Department issues and offer the following comments or concerns:
• In the future, 17th Avenue will function as a minor arterial. This is clearly shown in the City's Draft
Transportation Plan. As an arterial roadway,direct access should be minimized as much as possible in
the interest of mobility. We recommend that all access to this development be gained via Weston Court
or Greenwood Court, and not directly from 17th Avenue. Managing access in this manner will reduce
the likelihood of accidents along 17th Avenue.
• We recommend that two separate right turn lanes be required to be installed for westbound 17th Avenue
traffic turning north onto Weston and Greenwood Courts. This may require more right of way to be
dedicated. We realized there is not enough room to install standard turn lanes for these accesses,but
even less than standard length turn lanes will prove beneficial in the future as volumes on 17th avenue
increase.
• The sidewalks on the site plan appear to be on private property. The sidewalks should belocated
within the public right of way. The amount of dedicated right of way may have to be increased to t
allow for the sidewalks.
• We further recommend that an east\west local street be considered to connect this property and the
property to the west. It is our understanding that the property directly west could be developed as high-
density residential. A local connection between the properties would reduce the need to use 17th
Avenue for short trips(maybe to a gas station or fast food restaurant in the Greenwood property),
thereby reducing potential conflicts and future congestion along 17th Avenue.
• Any work on this property should be coordinated with the widening of CSAH 17,which is currently
scheduled to take place this year(2000).
• No drainage shall enter into the County right of way.
• No berming,landscaping,signage,or ponding will be allowed within the County right-of-way.
• Any grading or utility work required within the right-of-way will require a permit prior to the work
commencing.
Thank you for the opportunity to comment. Please contact us if you have any questions or need additional
information.
Sincerely,
Craig Jenson
Transportation Planner
Email: Brad Larson—County Engineer
Brian Sorenson—County Transportation Engineer
w:\word\review\pudcupzn\cup\ShVehSal.doc
City of Shakopee
Memorandum
TO: Julie Klima,Planner II
FROM: Joel Rutherford, Assistant City Engineer
SUBJECT: Preliminary/Final Plat Applications—Shakopee Valley Marketplace West
DATE: March 17, 2000
After reviewing the referenced application, I have the following comments for the applicant, and
for the planning department:
County/MnDOT Right-of-Way
No direct access will be allowed onto County Road 17 (Marschall Avenue). Any work
performed in Scott County or MnDOT right-of-way will require the appropriate permits from
those agencies.
Traffic/Access onto 17th Avenue
The city and the county have discussed turning 17th Avenue over to the county at some point in
the future. Because of this possibility, the County's review of developments along this roadway
not only looks at the impacts to the existing County Highway system,but the future system as
well.
Based on staff comments from Scott County,there are concerns that the accesses onto 17t
Avenue would not meet the county's spacing requirements, if the road gets turned over to the
county. Because of the county's concerns,it is recommended that the developer's engineer work
with the county and the city's traffic consultant to analyze this area,and to determine if access
shall be further restricted, and to determine if additional turn lanes are required.
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CITY OF SHAKOPEE i5": 6;
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Third Avenue Reconstruction Delay
DATE: March 30, 2000
INTRODUCTION:
The Council is asked to concur with a recommendation by the Public Works Director that
the reconstruction of Third Avenue be deferred for a year.
BACKGROUND:
Public Works Director Bruce Loney has been in contact with me, citing cites problems
with doing the Third Avenue project as part of the 2000 reconstruction schedule. If there
are no further delays,the earliest the project could be bid would be August. He notes
recent vacancies within the department,the probability of less favorable bids owing to a
later bidding schedule, and the inability to meet the ideal schedule needed by Shakopee
Services (doing the work while school is not in session).
For this reason,he is recommending that this 3`d Avenue portion of the reconstruction
project be deferred until 2001. The remainder of the 2000 Reconstruction Project,
including Gorman St. as the largest part, could remain to be done this year, assuming we
keep current levels of staffing. Gorman is being designed with in-house personnel.
RECOMMENDATION:
We recommend that the Council authorize deferring the West Third Avenue
Reconstruction Project to the 2001 construction season,and direct that staff notify parties
who have previously been involved with this, of the delay.
ACTION REQUIRED:
If the Council concurs, it should,by motion, direct that the Third Avenue Reconstruction
Project be delayed until the 2001 construction year, and direct staff to notify affected
parties.
Mark McNeill
City Administrator
MM:tw
/5 . 5. I.
�9 ,
CITY OF SHAKOPEE '`�
Memorandum
To: Honorable Mayor and City Council
Mark McNeill, City Administrator
From: Dan Hughes, Chief of Police /
Subject: Acceptance of$11,000 Grant
Date: March 17, 2000
Introduction
The Police Department is requesting Council approval to accept an $11,000 grant from
the Minnesota Auto Theft Prevention Program(MATPP).
Background
The Police Department was notified on March 7, 2000 of a MATPP Grant award of
$11,000 for the period July 1, 2000 through June 30, 2001.
In order for the Police Department to receive the funds the attached resolution authorizing
the City's acceptance of the grant must be passed. Upon receipt of this resolution, the
Minnesota Auto Theft Prevention Program will distribute the funds at the start of the
grant period.
Budget Impact
The MATPP grant does not require matching funds.
Alternatives
1. Accept the grant.
2. Do not accept the grant.
Recommendation
Alternative #1.
Action Requested
Offer and pass Resolution No. 5337 authorizing the appropriate City officials to accept
and enter an agreement with the Minnesota Auto Theft Prevention Program from July 1,
2000 through June 30, 2001.
4,
an Hughes
Chief of Police
RESOLUTION NO. 5337
A RESOLUTION OF THE SHAKOPEE CITY COUNCIL
AUTHORIZING THE ACCEPTANCE OF A$11,000 GRANT FOR THE
MINNESOTA AUTO THEFT PREVENTION PROGRAM
WHEREAS, the Minnesota Legislature passed legislation in 1996 creating the
Auto Theft Prevention Program(MATPP); and
WHEREAS, the Legislation established the Minnesota Auto Theft Prevention
Board, which will make grant funds available annually to support the purposes of the
legislation; and
WHEREAS, the purpose of this legislation is to reduce motor vehicle theft and its
consequences in the State of Minnesota by funding programs which aid in the
identification of critical issues, education and awareness, investigation and prosecution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, as follows:
1. That the Mayor, City Administrator and City Clerk are hereby authorized
and directed to accept a$11,000 grant from the Minnesota Auto Theft
Prevention Program.
2. The City Council agrees to stipulations set forth in the grant materials.
3. The Mayor, City Administrator and City Clerk shall complete, review
and submit all relevant materials before the deadline stated in the grant.
Adopted in Regular Session of the City Council of the City of Shakopee,
Minnesota, held this 4th day of April, 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
is: C. J.
CITY OF
E
MEMORANDUM F L 'V\
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan,Natural Resource Director
Subject: Waterslide Repairs
Date: March 27, 2000
INTRODUCTION
The City Council is asked to approve repair work to be done on the municipal pool's
waterslide.
BACKGROUND
The City of Shakopee installed a 300-foot waterslide at its outdoor municipal pool in
1985. For 15 years,the fiberglass slide has held up well under the extreme weather
conditions of Minnesota. A yearly maintenance program for the waterslide includes the
hiring of a fiberglass repair specialist to inspect the entire slide and make any necessary
repairs. This patchwork approach has worked well, for the most part,but the slide is in
need of additional work such as gel-coating. There are very few firms in the mid-west
that perform this kind of work. Therefore, staff has had to go out of State to find
qualified venders. Three companies that are capable of performing this work include
Surface Specialists of St. Paul, Minnesota,IPS,Inc. of Somanauk, Illinois and Wild
Rides, Inc. of Mound City, Missouri.
Mike Roos of Surface Specialist has been repairing our slide for three years. He withdrew
from submitting a price quote due to personal health problems. The other two proposals
are as follows:
Wild Rides, Inc. $21,600.00 plus, miscellaneous costs(mileage, additional request)
IPS, Inc. $20,500.00 44
The price quote from IPS, Inc. is less than Wild Rides and it includes any pre-existing
condition repair work. Wild Rides, Inc. charges extra for pre-existing repairs.
BUDGET IMPACT
The repair work is budgeted under the Municipal Pool's Operating Budget for Year 2000.
ALTERNATIVES
1. Hire IPS, Inc to perform the work on the waterslide.
2. Hire Wild Rides to perform the work on the waterslide.
I Table this item for additional information from staff
4. Do nothing.
RECOMMENDATION
Alternative#1
ACTION REQUESTED
Move to authorize the appropriate City officials to enter into an agreement with IPS, Inc.
to perform the necessary repairs to the Municipal Swimming Pool's Waterslide with
funding from the Recreation Operating Budget.
ark J. cQnillan
Natural Resource Director
IPS Inc.
Waterslide Re-Surfacing&Installation
Brad Inman Terry Inman
Owner/President V.P. -Operations
PROPOSAL AND AGREEMENT
Re-surfacing
Inman Polishing Systems(IPS Inc.)herein proposes and agrees with Shakopee Park.Dist.to the
following:
PROPOSAL
1. IPS proposes to apply a new surface to the riding area of the flume(s):LION'S PARK SLIDE
2. The process involves the following steps
A. Walk-through with the parties whose signatures are placed upon this agreement,to identify
areas of the slide surface that need repair before the new surface can be applied—a walk-
through checklist to be completed and signed.IPS reserves the right to decline the project if
the slide structure is unsafe regardless of surface quality or if repairs needed to the surface
are beyond the scope of IPS, or if in the judgement of the IPS representative it is not in the
best interest of the company to take the project;
B. Address the issues identified within the parameters addressed in part A;
C. Sand the riding area that is to receive the new surface;
Clean the debris from the specified surface;
D. Apply gel-coat to specified surface;
E. Sand the new surface(this step will ONLY be completed when IPS is satisfied that the
surface has cured well enough to allow its personnel onto the new surface)
F. Individuals who make this agreement will conduct a second walk-through and sign off once
completed. Once this walk-through is completed and both signatures are affixed,the project
will be deemed completed to the satisfaction of all parties and payment will be due as outlined
herein.
AGREEMENT
3. Shakopee Park Dist. agrees to provide garden hoses and source of water,electrical power and
disposal facilities;
4. Shakopee Park Dist. agrees to keep all personnel off of the new surface until advised by IPS that
people may use the slide;
5. IPS proposes and Shakopee Park District. agrees that the cost of this project will be calculated
as:
$20,500.00
Payment to be made as follows: One half upon agreement signing,one half upon project completion.
6. Any adjustments,changes or additions to this proposal suggested or made by either party must be
in the form of a written counter-proposal or amended proposal,no changes will be made or
accepted verbally.
675 LaSalle Dr., Sonaonauk,IL 60552 (815 )498-9357, (815)498-4473, FAX(815) 498-4332
08/17/1999 12:59 8164425168 FOGG BROS CONST INC PAGE 02
Wild Rides.. Inc. Estimate
P.O.Box 235 _
Mound City,MO 64470 DATE ESTIMATE#
Office 660-442-3599 8117199 24
Fax 6660-442-5168
NAME/ADDRESS
City of Shakopee,Mn.
1255 Fuller Street
Shakopee,Mn.55379
PROJECT
ITEM DESCRIPTION QTY RATE TOTAL
Painting Repaint out side as slide 30032.50 9,75000
Refurbishment Re-gelcoat inside of slide 300 72.00 21,600.00
350.00 350.00
This price does not include any major repair
work that
has to be done.
I .
TOTAL $31,700.00
This estimate is based on normal soil conditons. There will be an additional
charge for abnormal soil(rock)conditions.
I1
IOBJECT DESCRIPTION: Description of lines items:
Salaries:
1 il Director, Facility Manager/Asst. Director, 2 Recreation
Supervisors, 1 Customer Service Rep., 1 Office Service Worker, and
a Maintenance Operations Manager.
Salaries - PT Temp:
Pool (35), Instructors (10), Activity Leaders (15), Building
Coordinators (13), Rink Attendants (12) .
3 Supplies:
Recreation supplies, office supplies, cleaning supplies, flowers,
blades and propane for ice resurfacer, & miscellaneous equipment.
1 Professional Services:
Professional Services: transportation for trips and tours,
entertainers for playground events ($4000), Music in the Parks
I band concerts ($4,700), and Huber Park Master Plan revision
41 ($2,000) .
1Building Maintenance:
A
Cleaning contracts ($20,000), mai. - contra s for heating
and cooling equipment ($3,000), Gel-coat Waterslide ($25,00. ,
Tile Bath House and Shower Area ($10,040 .
1
A Utilities:
Ice arena, Civic Center and Pool.
1
I Printing/Publishing:
Publication of three brochures with Community Education and
newspaper advertising ($6,000) and City Guide & newspaper
1 ($1,700) .
Conferences/School/Training:
1 Pool training for lifeguards and WSIs ($1,000) , Facility Manager
j attending regional training in Michigan ($600), and MRPA State
Conference for three park and recreation personnel ( $1,500)
1 Rentals:
LOGIS computer service ($10,000), Postage meter rental ($500) Ice
Resurfacer ($6,550), Building rental ($110,000) .
1 Capital Equipment:
New copy machine to replace 14 year old machine ($15,000) , Two
treadmills ($10,000) , Upgrade phone system ($5,000).
1
1 5-12
/v_ C
2
CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan,Natural Resource Director
Subject: Architectural Services for Park Shelter
Date: March 27, 2000
INTRODUCTION
The City Council is asked to hire James Forberg Architects,LTD. of Belle Plaine to
prepare architectural drawings and construction documents that will include mechanical,
electrical and structural engineering designs for a park shelter in John P. Wermershirchen
Park.
BACKGROUND
At its January 18, 2000 meeting,the City Council instructed staff to obtain park shelter
plans from other communities which would be far"cheaper"than hiring an architect to
start from scratch. I visited park shelters in the City of Burnsville and was quite
impressed with their design and appearance. The most recent park shelter,which would
fit our needs,was constructed at a cost of$45,000.00 in 1997.
City of Burnsville indicated they would provide us the plans at no-charge and we were
welcome to use them for our shelter. However, after talking to their architect James
Forberg,he informed me architectural drawings are protected under copyrite laws. If we
wish to use the park shelter plans from the City of Burnsville,we would need Mr.
Forberg's permission. Even if we use Mr. Forberg's plans,they will have to be modified
to some degree. Therefore, I recommend that Mr. Forberg be hired to provide drawings
and construction documents that include electrical, mechanical and structural
engineering. The cost for Mr. Forberg's services is 8%of the cost of construction
(roughly estimated at$65,000.00).
BUDGET IMPACT
Identified in the 2000 Parks Capital Improvement Program. Architectural services are
part of project costs.
ALTERNATIVES
1. Hire Mr. Forberg to provide architectural services for a park shelter in Hiawatha
Park.
2. Table for additional information from staff
3. Do nothing.
RECOMMENDATION
Alternative#1
ACTION REQUESTED
Move to direct the appropriate City officials to enter into an agreement with James
Forberg Architects,Ltd. to provide architectural drawing and construction documents for
a park shelter in John P. Wermerskirchen Park at 8%of construction costs.
Mark J./ c* an
Natural Resource Director
JAMES FORBERG ARCHITECTS, LTD. 17675 MARKET AVENUE BELLE PLAINE, MN 56011 612-466-2234
3/23/00
Mark McQuillan
Community Development
City of Shakopee
1255 Fuller Street
Shakopee, MN 55337
Dear Mr. McQuillan,
In response to your request for a proposal to provide Architectural services for the
construction of a Park Building I offer the following)keeping in mind the concerns you
expressed to me regarding the cost of professional services:
I will provide architectural drawings to the same extent that I provided to the Burnsville
Parks Department for the buildings they constructed in 1997.
The drawings provided included a floor plan, four exterior elevations, a building section
and a handicapped toilet room grab bar detail. No other detail drawings or documents
were furnished. I did not provide any Mechanical,Electrical, or Structural,engineering
drawings,trade section specifications, usual specification front end requirements such as
soil test data, project specific information regarding contractor responsibilities,AIA
standard documents such as "Instructions to Bidders,Bid Form, "General Conditions of
the Contract" insurance, bonding, or other miscellaneous project requirements, site plan
topographic and building location information. I did not review shop drawings or provide
any other contract administration services. In short, bare bones service.
Fee: $1500
If this is acceptable, I will prepare an AIA Abbreviated Form of Agreement Between
Owner and Architect for Construction Projects of Limited Scope which will include a
"Hold Harmless" clause as I will not be involved in the bidding or construction phases of
the project.
If the Building Inspections,Zoning or others determine that services in addition to those
stated above they can be provided on hourly basis or a fixed fee basis, given a defined
scope. I will provide those rates upon request.
For your reference purposes, on a small projects of$100,000 or less full service fees are in
the range of 8% of the cost of construction.
Thanks for the opportunity to submit this proposal.
Sincerely,
ames Forberg, IA
MEMBER: AMERICAN INSTITUTE OF ARCHITECTS CONSTRUCTION SPECIFICATIONS INSTITUTE
/Si G • 3 .
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Concession Stand Agreements
DATE: March 30,2000
INTRODUCTION:
At its meeting of April 4th,the Council may be asked to consider concession agreements
with the Pepsi Bottling Group, and the Shakopee Indians, and Shakopee Coyotes baseball
teams.
BACKGROUND:
Last year,the City Council approved the expenditure of just under one-half million
dollars to improve facilities at Joe Schleper Baseball Stadium in Tahpah Park.
At that time, and as part of discussion on beer sales,the then City Council made it clear
that it expected to have some participation from the baseball teams by having a
percentage of concession sales be returned to the City in exchange for the facility use and
upgrade.
held between the baseball
Last week,I was made aware of discussions that have been h e
teams and soft drink vendors. Bill Schleper of the Shakopee Indians town team reported
that they had requested proposals from both distributors for Coca Cola and Pepsi Cola for
pop sales.
Pepsi responded by offering $7500 to be used to help purchase a scoreboard(Pepsi's
name will appear on the scoreboard). In addition, Pepsi would provide two lockable
pP ) P
coolers for the two town teams to store their product,which would be sold during the
games in the concession stand. Finally,Pepsi would provide vending machines which
would be available at all times; in exchange,Pepsi would reimburse 32%of the proceeds
of this to the contract signator.
In exchange,the agreement would state that Pepsi would have an exclusive agreement to
sell their products there for the next five years. Note that Coke had offered$4,000,but
choose not to bid any higher.
The original question whether the teams could sign the contract, or whether that would be
the City's to sign. In speaking with the City Attorney,he indicates that the signator must
be the City.
DISCUSSION:
Gary Hartman of the Shakopee Coyotes has been in contact with Rec Supervisor Sherry
Dvorak,and has requested to her that the City forego asking for any percentage of the
profits for the first year, as they,like the Indians,would like to use some of the money
earned from concessions to make improvements to the stadium and field, as necessary.
Based on the discussions by the City Council last year,there should be consideration of:
1. A percentage of the proceeds of concessions(machine and concession stand sales)
to be paid to the City.
2. A requirement that some part of the percentage being retained by the teams be
reinvested back into the park.
A third party,the Shakopee High School team,does have an interest in this. However,
we believe that their use of the concession stand would be covered by the joint use
agreement between the City and School District;therefore,no share of the concession
percentage would be required,unless otherwise directed by Council.
Regarding scheduling,the Indians and Coyotes begin their play the last week of April or
first week of May;the high school team has their first game scheduled April 6th.
A meeting will be held with representatives of the town teams Sunday,April 2nd. The
results of that meeting will be presented to the City Council at the April 4th meeting.
RECOMMENDATION:
Based on information presented at the April 4th meeting,the Council should give
direction as to what provisions it would like to have put into contracts between the City
and the town teams, and, if comfortable with the provisions from Pepsi, direct that an
agreement be executed with Pepsi.
ACTION REQUIRED:
If the Council concurs, it should,by motion,direct that a contract be executed with the
Pepsi Bottling Group, and further give direction as to provisions to be put into contracts
between the City and two town baseball teams.
Mark McNeill
City Administrator
MAR. -31' 00 (FR I ) 12 i 14 PEPSI-COLA TEL:612 895 1403 P. 002
alk THE PEPSI BOTTLING GROUP
111/
April 1, 2000
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This letter sets forth the agreement (the "Agreement') between the Pepsi Bottling Group
("PBC?) and City of Shakopee (the "Customer") relating to the sale of soft drink products
sold by PBC to the Customer at Joe Schleper Baseball Stadium, Shakopee, MN (the
"Premises"). Our agreement is as follows:
I. Term
The term of this Agreement will be for a period of five (5) years (the "Term"), commencing
March 17,2000, and expiring March 17,2005.
2. I+:xelnsir ily / Vending I2igIils
During the Term of this Agreement, the Customer hereby grants PBG exclusive rights to
install and maintain soft drink vending machines and coolers throughout the Premises.
The Customer agrees to exclusively offer Pepsi-Cola branded soft drink products, Lipton
Tea products, Ocean Spray branded juice products, and such other soft drink, juice and
tea products as PBC offers for sale to the Customer on the Premises and to exclusively use
Pepsi-Cola identified soft drink vending equipment on the Premises for such Pepsi-Cola
beverages.
3. New Age Beverages
In addition to Pepsi-Cola fountain products, in the event the Customer chooses to carry ,
bottle and can carbonated soft drinks, juices, tea's, waters, and isotonics, said Customer
agrees to grant Pepsi-Cola exclusive distribution rights to Lipton Tea products, Ocean
Spray / Tropicana brand juice products, Fruit Works, Aquafina water, All Sport sport
drinks, MOW and any other Pepsi beverages. .
THE PEPSI BOTTLING GROUP • 1300 EAST CLIFF ROAD • BURNSVILLE,MINNESOTA 55337 • (612)895-1300
MAR. -31' OOIFRI) 09:39 PEPSI-COLA TEL:612 895 1403 P. 003
City of Shakopee
March 31, 2000
Page 2
4. 1,:tinil►mcul and Sere ice Support
PUG will install vending machines on the Premises as requested by the Customer
throughout the Term of this Agreement. All machines shall at all times remain the sole
property of PAG. PBG will repair, clean and maintain the vendors and agrees to keep the
vendors in good working order and condition at all times. PBG shall have the exclusive
right to repair, replace, relocate, move or remove any and all vending equipment at its sole
election. The Customer shall not itself and shall not permit any other party to repair,
replace, relocate, move or remove any vendors. Notwithstanding the foregoing, the
Customer agrees to use reasonable efforts to keep the Equipment in clean and sanitary
condition, wholly free of all advertising and other Customer materials, at all times. In
addition, the Customer agrees to promptly notify PBG of any need for repair or service
and to fully cooperate with PBG in effecting such necessary repairs or service. Should
vandalism occur, PBG would absorb the entire cost of Product and Equipment for the first
occurrence. Should vandalism occur a second time, the Customer may elect one of the
following options: relocate vendor(s) indoors or remove vendor(s).
S. Commission Support
PBG will pay to the Customer a 32 percent (32%) commission on all net revenues (gross
revenue collected from machine minus sales tax equals net revenue) actually received by
PBG from vending machines located on the premises while maintaining at least a $1.00
vend price. Pepsi-Cola also agrees to a one-time, upfront payment of$7,500.00 in exchange
for two scoreboard signs.
O. Pricing
Prices are subject to local market price increases,but no more than 3% per year.
7. Rights limn Termination
Upon termination of this Agreement by either party, the Customer shall permit PBG
reasonable access to the Premises, free from any claims of trespass, for purposes of
removing any equipment within thirty (30) days from termination of this Agreement. Until
such time as all Equipment is removed, the Customer's obligations shall continue as set
forth in Paragraph Four of this Agreement. PBG shall use its best efforts to leave each
Equipment site in the condition in which it existed prior to installation, excepting
reasonable wear and tear, and excepting any damage that may have occurred which was
beyond PBG's control or anticipation. Upon removal of vending equipment, PBG will
promptly issue payment to the Customer for any amounts still owing to the Customer
under the commission structure set forth in this Agreement.
H. ('onfidcnlialio
Except as may otherwise be required by law or legal process, neither party hereto shall
disclose to any third party the terms and conditions of this Agreement.
MAR. -31100 (FRI) 09:39 PEPSI-COLA TEL:612 895 1403 P. 004
City of Shakopee
March 31, 2000
Page 3 \
9. Assignment
This Agreement shall not be assigned by either party hereto without the prior written
consent of the other party.
10. Agreement
This Agreement contains the entire understanding and agreement between the parties
hereto regarding the service and placement of Equipment on the Premises and supersedes
all other agreements between the parties respecting such. This Agreement may be
amended or modified only by written statement,signed by each of the parties.
If the foregoing sets forth our Agreement, please so indicate by signing both copies of this
Agreement in the space provided for that purpose below, whereupon this Agreement shall
constitute a binding contract between us.
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By By
Name Name
Title Title
Date Date
ism• 1,
CITY OF SHAKOPEE CC r.\\! -3ENT
Memorandum
TO: Mayor and City Council
Mark McNeil, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Approval of Private Vehicle Capital Funding Agreement,No. SG-99-161
MEETING DATE: April 4, 2000
Introduction:
The Metropolitan Council reimburses alternative transit providers such as Shakopee for vehicle
depreciation costs.For the year 2000,the maximum reimbursement amount would be$35,000.00.
Council is asked to authorize the agreement for private vehicle capital reimbursement.
Action Requested:
Offer and approve a motion authorizing the appropriate city officials to execute Contract No. SG-99-
161,
G 99-
161,METROPOLITAN COUNCIL PRIVATE VEHICLE CAPITAL FUNDING AGREEMENT
WITH THE CITY OF SHAKOPEE
R. Michael Leek
Community Development Director
i:\commdev\cc\2000\cc0404\PVCap2000.doc
Contract No. SG-99-161
METROPOLITAN COUNCIL PRIVATE VEHICLE CAPITAL FUNDING AGREEMENT WITH
THE CITY OF SHAKOPEE
THIS AGREEMENT is made between the Metropolitan Council("the Council"), a political
subdivision of the state of Minnesota, and the City of Shakopee("the Recipient"), a political subdivision
of the state of Minnesota.
WHEREAS,the Council is authorized in accordance with Minnesota Statutes section 473.405 to operate
public transit systems in the metropolitan area and to exercise all powers necessary or convenient to
discharge its duties; and
WHEREAS,through its contract(s)with private transit service providers,the Recipient is operating
replacement public transit service pursuant to Minnesota Statutes section 473.388; and
WHEREAS,the Council finds it desirable to provide a grant to the Recipient of Council transit bond
proceeds for the purpose of paying the vehicle capital costs,specifically,the vehicle depreciation costs,
associated with operating the replacement public transit service through the Recipient's contract(s)with
private transit providers("the Private Vehicle Capital Cost").
NOW THEREFORE, in consideration of the mutual promises in this agreement,the parties agree as
follows:
I. TERM
This agreement shall be in effect from January 1,2000,through December 31,2000("the Term").
II. COUNCIL FUNDING OF PRIVATE VEHICLE CAPITAL COST
2.01 Maximum Funding Amount. The Council agrees to pay the Recipient the Private Vehicle
Capital Cost for privately-procured vehicles used in providing the replacement public transit services, in
an amount not to exceed$35,000.00.
2.02 Funding Source. Funding provided under this agreement will come from Council transit
bond proceeds as approved by the Council on November 17, 1999.
2.03 Method of Reimbursement. The Council will pay the Private Vehicle Capital Cost in
eleven equal monthly payments of$2,918.69 each,with a twelfth payment of$2,894.41. The Council
will make the payments upon submission of monthly requests for payment and a monthly summary
report. The payment requests and summary reports shall be submitted not later than thirty(30)days after
the end of the month in which services were provided. The Council shall review and approve the
monthly requests for payment and issue a check within thirty(30)days of receipt. Requests for payment
must be sent to:
Metropolitan Council
Office of Transportation&Transit Development
.Mears Park Centre,7th Floor
230 East Fifth Street
Saint Paul, MN 55101
-- 1 --
III. VEHICLE ASSIGNMENT
The Recipient will assign the privately-procured vehicles funded under this agreement to the replacement
public transit service operated by the Recipient in accordance with Contract Number SG-98-13 between
the Council and the Recipient.
IV. GENERAL PROVISIONS
4.01 Vehicle Title. During the Term of this agreement,title to the vehicles funded under this
agreement will be held by the Recipient or its replacement contract service provider.
4.02 Risk of Loss. During the Term of this agreement,the Recipient and its contract service
provider bear the risk of loss of the vehicles. If any of the vehicles is damaged and cannot be repaired to
its undamaged condition,or if any of the vehicles is lost, stolen,or destroyed,the Recipient and its
contract service provider will replace the vehicle. The replacement vehicle(s)will be eligible for Private
Vehicle Capital Cost funding in an amount not to exceed the remaining Private Vehicle Capital Cost of
the vehicle(s)replaced, or in an amount not to exceed the actual depreciation cost of the replacement
vehicle(s),whichever is less.
4.03 Fully-Depreciated Vehicles. If specified in writing by the Council,the Recipient shall
transfer to the Council, at no additional cost to the Council,any fully-depreciated, privately-procured
vehicles for which the Council has paid the full amount of depreciation under this or any previous private
vehicle capital funding agreement. The Recipient shall also transfer to the Council the vehicle
maintenance records and any documentation necessary to secure Council title to the vehicles transferred.
If the Council does not require transfer of any such vehicle and the Recipient sells or otherwise disposes
of the vehicle,the Recipient shall return any proceeds of the sale or disposition to the Council.
If the Recipient sells or otherwise disposes of any fully-depreciated,privately-procured vehicle for which
the Council has paid a portion of depreciation under this or any previous private vehicle capital
agreement,the Recipient shall return to the Council a portion of any proceeds of the sale or disposition of
the vehicle proportional to the percentage of total depreciation paid by the Council under this or any
previous private vehicle capital agreement.
4.04 Partially-Depreciated Vehicles. If the Recipient voluntarily withdraws from transit
service any partially-depreciated vehicles for which the Council has paid the full amount of the partial
depreciation under this or any previous private vehicle capital agreement,the Recipient will, at the
Council's option: (1) pay to the Council the amount of the vehicles' remaining scheduled depreciation
over the full depreciation schedule of the vehicles; OR(2) transfer to the Council, at no cost, a number
of vehicles proportional to the total number of vehicles funded by the Council, under this or any previous
private vehicle capital funding agreement,as the amount of total Council-paid depreciation is
proportional to the full depreciation schedule of all of the vehicles funded by the Council.
If the Recipient voluntarily withdraws from transit service any partially-depreciated vehicles for which
the Council has paid a portion of the partial depreciation under this or any previous private vehicle capital
agreement,the Recipient will pay to the Council the Council's pro-rata share of the remaining scheduled
depreciation over the full depreciation schedule of the vehicles. For purposes of this clause, "the
Council's pro rata share"is calculated by dividing the total amount of Council-paid depreciation, under
this or any previous private vehicle capital agreement, by the total amount of paid depreciation.
,41,4k
--2
4.05 Audit. As required by Minnesota Statutes section 16C.05,the records,books,documents,
and accounting procedures and practices of the Recipient and any contractor(s)relating to this agreement
shall be subject to audit and examination by the Council and the legislative auditor or state auditor.
4.06 Continuing Obligations. The parties agree that paragraphs 4.03,4.04, and 4.05 of this
agreement impose continuing obligations that will survive the Term of this agreement.
IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly
authorized representatives.
METROPOLITAN COUNCIL CITY OF SHAKOPEE
By: By:
James J. Solem,Regional Administrator
Its:
Date:
Date:
Approved as to form:
Office of General Counsel
PVC-SG-99-161.doc
jaier"
--3
CITY OF SHAKOPEE F,
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Joint Agreement with the Lower Minnesota River Watershed District
MEETING DATE: April 4, 2000
Introduction:
The Lower Minnesota River Watershed District has requested that the City enter into a joint agreement
regarding the procedures and responsibilities for project review in the watershed district. This
cooperative approach is suggested rather than a permitting process at the watershed district,and
mirrors the approach that the City has already adopted.
Action Requested:
Offer Resolution No. 5343,A Resolution establishing a cooperative agreement between the Lower
Minnesota River Watershed District(LMRWD)and the City of Shakopee.
/
R. Michael Leek
Community Development Director
i:\commdev\cc\2000\cc0404\LMRWD.doc
RESOLUTION NO. 5343
A RESOLUTION ESTABLISHING A COOPERATIVE AGREEMENT BETWEEN THE
LOWER MINNESOTA RIVER WATERSHED DISTRICT
AND THE CITY OF SHAKOPEE
WHEREAS,the Lower Minnesota River Watershed District(LMRWD)adopted and the
Minnesota Board of Water and Soil Resources(BWSR)approved the LMRWD Water Management
Plan(the Plan),which was prepared in accordance with Minnesota Statutes 103D and 103B, and
Minnesota Rules 8410;and
WHEREAS,the LMRWD Managers envision the District will provide leadership,
encompassing(in descending order of priority)the roles of information and data provider,project
facilitator;project proposer;and regulator regarding Mumesota River issues;and
WHEREAS,the LMRWD Managers believe that regulation is more properly performed by
local governmental units,provided that regulation by the local governmental units is consistent with the
goals and policies of the Plan;and
WHEREAS,the City of Shakopee(the City)is willing to perform review and permitting
procedures necessary to implement the goals and policies of the Plan;and
WHEREAS,the LMRWD and the City wish to clearly define their respective roles prior to
and through the interim period between LMRWD Plan approval by the BWSR and local plan approval
by the LMRWD, and thereafter as the parties may agree.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,that the LMRWD and the City agree to the following processes:
The City of Shakopee agrees to:
1. Implement water management policies, standards, and criteria at least as strict as those
in Sections 54., 5.5, 5.9, 5.10, 5.11,and 5.13 of the LMRWD Plan through
development review and permit programs.
2. The City of Shakopee shall continue to submit project proposals to LMRWD for
review and comment whenever the project meets any of the following criteria:
• The project is a residential development affecting five(5)or more acres of land;
• The project is a public/commercial/ndustrial development affecting one(1)or
more acres of land;
• The project involves construction or reconstruction of runoff management
infrastructure where the contributing watershed is five(5)acres or more;
• The project will result in diversion of surface water flows between defined sub-
watersheds;
• The project will change intercommunity flowrates;
• The project is located in the Minnesota River floodplain.
3. Where the LMRWD review identifies areas where the City of Shakopee permits are
less strict than the standards in the LMRWD Plan,the City shall incorporate the
provisions of the LMRWD comments into the City permits as necessary to enforce the
LMRWD water management standards.
4. Submit amendments/revisions to the City comprehensive plan to LMRWD for review
and comment.
5. Inspects projects under construction, and enforce those City permit provisions intended
to implement the policies, standards and criteria of the LMRWD pursuant to this
agreement.
6. LMRWD will administer its Minnesota River Floodplain Regulations in the City of
Shakopee wuntil the City adopts either a)a DNR-approved floodplain ordinance, orb)
a floodplain ordinance that conforms to the LMRWD's water management plan. After
the City adopts such an ordinance,the City will regulate floodplain activities,unless the
City gives the authority to LMRWD. The City will require landowners to obtain
permits prior to making alterations in the Minnesota River floodplain.
7. Be the designated local government unit(LGU)for the Wetland Conservation Act
(WCA)and rules,responsible for wetland regulation, including enforcement.
LMRWD agrees to:
1. Review project plans and amendment/revisions to city comprehensive plans for
conformance with LMRWD policies, standards and criteria, and provide review comments
at no cost to the City of Shakopee within a two(2)weeks.
2. Conduct periodic inspections to monitor the City's enforcement of LMRWD policies,
standards, and criteria, and to work cooperatively to resolve conflicts over the
implementation of the LMRWD policies, standards, and criteria.
3. Administer its Minnesota River Floodplain Regulations in the City of Shakopee until the
City adopts either a)a DNR-approved floodplain ordinance, or b)a floodplain ordinance
that conforms to the LMRWD management plan. After the City of Shakopee adopts either
a DNR-approved floodplain ordinance or a floodplain ordinance that conforms with this
plan, it is the responsibility of the City to regulate floodplain activities,unless the City gives
the authority to the LMRWD. Landowners must obtain permits from the appropriate
governmental unit prior to making alterations in the Minnesota River floodplain.
Both parties agree this resolution shall be changed to account for changes in their relationship as
occasioned by approval of the local water management plan, approval of changes to the LMRWD
Plan, or other circumstances affecting the management of water resources within the LMRWD and the
City of Shakopee. For example, as resource assessments and plans are completed,LMRWD will seek
to amend this joint resolution to include specific limits and/or special resource protection
methods/strategies in the watershed.
This joint resolution is rescindable upon sixty(60)days notice by either party. In the event this
resolution is rescinded, or if the LMRWD determines,after a public hearing,that the City of Shakopee
has failed to enforce the standards and policies of the LMRWD,then the LMRWD may adopt
regulatins pursuant to the findings of a subsequent public hearing, and begin operating a permit
program in the City of Shakopee to enforce the standards and policies of the LMRWD.
Adopted in session of the City Council of the City of Shakopee,Minnesota,held the
day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Accepted ,2000
Lower Minnesota River Watershed District
President
IS • D. 3
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: K-Mart Garden Center
DATE: March 31, 2000
INTRODUCTION:
The Council is asked to consider a request by K-Mart to operate, at least on a temporary
basis,a garden center on the north end of the new Big K store, adjacent to Vierling Drive.
BACKGROUND:
Shortly before the occupancy permit for the Big K store was to be issued, it was observed
that a garden center had been constructed on the north end of the building. The garden
center is surrounded by chain link fence on all sides(including a top), and that it was
illuminated by a level of lighting that exceeds that of the rest of the store's exterior.
Staff approached Continental Companies and Big K, stating that, according to City
records, a separate CUP would have to be requested for the garden center. The attorneys
for Continental wrote back, disputing that need,but did agree not to operate the garden
center until the issue was resolved.
However,with the approach of the outdoor lawn and garden season,they are very
interested in getting this issue addressed quickly. They have submitted a letter requesting
that the City Council allow K-Mart to use the garden center on a temporary basis. They
will proceed with the regular CUP request process, and in the meantime will take down
the chain link fencing and replace it with decorative wrought iron fencing. They will also
install shields on the lights so that the light is directed downward, and will not be a
problem for adjacent properties.
We had also explored with them the possibility of doing additional landscaping or
screening on the north side of the garden center,but nothing was able to be determined to
work without tearing out portions of the asphalt drive area.
It will be up to the Council to determine whether it wishes to allow K-Mart to operate the
garden center on a temporary basis,until such time as a final decision can be made on
their regular CUP application. K-Mart would proceed with the CUP application with the
understanding that there is a risk the City may deny the permanent operation.
K-Mart feels that the garden center was approved along with the building when the K-
Mart CUP was first considered. It was on the south end of the building at that time.
However,after plans to locate a vehicle repair shop on the north side were eliminated,
the garden center was then obviously moved to the north side.
While K-Mart would like the Council to make a permanent decision on this at the April
4th meeting, staff feels there needs to be an opportunity for neighbors to have input on
this. Therefore,we are recommending that this be done on a temporary basis, and that
Continental make application for a regular CUP.
RECOMMENDATION:
If the Council wishes to allow K-Mart to proceed on temporary basis until their regular
application is considered, it should pass a motion containing the following items:
1. Continental/K-Mart will make application for a permanent use.
2. Shields will be placed on exterior lighting so the light is directed downward, and
will not interfering with the enjoyment of adjoining property;
3. That the chain link fencing will be replace with wrought iron.
ACTION REQUIRED:
If the Council concurs, it should,by motion, authorize K-Mart to operate on a temporary
basis their garden center,with the conditions listed above.
'1)[ LLQ,(
Mark McNeill
City Administrator
MM:tw
MAR-31-00 FRI 11:26 AM DOUGLAS A KELLEY PA FAX NO. 6123710574 P. 02/07
DOUGLAS A. KELLEY, P.A. A
ATTORNEYS AT LAW
CENTRE VILLAGE OFFICES,SUITE 2530 Douglas A. Kelley
431 SOUTH SEVENTH STREET John M. Lee
MINNEAPOLIS,MINNESOTA 55415 Steven E.Wolter
March 31, 2000
By Facsimile
Mark McNeill
City Administrator
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379-1351
Re: Continental 95 Fund I.,LC - Kmart Garden Center
Dear Mr. McNeill:
As you know, our firm has been working with Continental 95 Fund LLC ("Continental") on
issues affecting its development of a Big Kmart store in the City of Shakopee. On March 3,
2000, after Continental had applied for a final occupancy certificate so that Kmart could open
its store, we received a letter from the City notifying us that City staff objected to the outdoor
garden center integrated into the north side of the Kmart store. Continental was surprised to
learn that the City was demanding a new conditional use permit (CUP) for the garden center
given that each of the twenty conditions set forth in the.current CUP approved by the City on
May 4, 1999 were thoroughly negotiated with the City and further since the chain-link fencing
enclosing the garden center was clearly displayed on site elevation plans drafted in August 1998
and shown to City representatives early in the CUP negotiation process.
The peak time for retailers to sell lawn and garden supplies is upon us and Kmart stands to lose
millions of dollars in sales if it is deprived of the use of the garden center. Therefore, we have
engaged in a running dialogue with City Attorney Jim Thomson since receiving the
aforementioned notice in anattempt to resolve the City's claim that an additional CUP is needed
for the garden-center portion of the store. To move this matter along, Mr. Thomson asked that
we send this letter directly to you so that it may be brought to the City Council's attention at its
regular meeting next Tuesday. •
The City's primary objections to the garden center as it presently exists have focused on the
chain-link fence and concerns over light spillage from the area onto adjoining properties. In an
effort to resolve the perceived problems with the garden center and to permit Kmart to use and
operate that portion of its store immediately, Continental has explored options to remedy the
TELEPHONE 612.371-9090
TELECOPIER 612-371.0574
MAR-31-00 FRI 11 26 AM DOUGLAS A KELLEY PA FAX NO. 6123710574 P. 03/07
Mark McNeil
March 31, 2000
Page 2
City's concerns, including using additionallandscaping to screen the garden center and replacing
the existing chain-link fence. Because the garden center is immediately adjacent to a paved drive
andparking lot., we have determined that the landscaping alternative is impossible. As a
practical matter, if we can agree to replace the existing fence with an ornamental metal fence,
there should be no need to screen the replacement fence from public view.
To get the garden center open for retail sales immediately, Continental is willing to make certain
changes to the chain-link fence and the garden-center lighting. Continental proposes the
following:
1. That the City allow Kmart to open the garden center for retail sales while
modifications are made to the garden-center portion of the store.
2. Continental will replace the existing chain-link fence with an ornamental fence as
described in the enclosed plans and specifications;
3. The existing lighting for the garden center will be shielded or shrouded to
minimize light spilling outside of the garden-center area; and
4. That no additional landscape screening be required due to the installation of the
ornamental fencing and the interference with drive lanes that will result from any
temporary or permanent landscaping measures.
In exchange for its agreement to make the foregoing modifications to the garden center,
Continental asks the City to clarify that Kmart's use of the garden center will not be considered
"outdoor sales" under the terms of the existing CUP and thatno additional CUP will be required
for the garden-center use. In addition, since each side has thoroughly scrutinized both the
completed Kmart project and the existing CUP at this juncture, Continental seeks the City's
agreement that the project, as modified in the manner described above, will be in full compliance
with the existing CUP and that there will be no further items of contention regarding this CUP
raised by City staff.
Sincerely
DOUG AS A. KET J TN, P.A.
KA—G6A—
Steven E. Wolter
Enclosures
c: Jim Thomson (by fax; w/ enclosures)
MAR-31-00 FRI 11 :26 AM DOUGLAS A KELLEY PR FAX NO. 6123710574 P. 04/07
>
03/30/00/uu 1.5:u6 FAX 12625025522 CONTINENTALt PROPERTIES lel cmL/00.
SECTION 02832
Uni:
ORNAMENTAL METAL FENCES AND GATES
PART 1 GENERAL
1.01 SUMMARY
•
A. Section Includes:
1. Fence framework fabric. and accessories.
2. Concrete foundation for posts and center drop for gates.
3. Swinging gates and related hardware.
B Related Sections: •
1. Section 01010 - Summary of Work General procedures
2. Section 03300 - Cast-In-Place Concrete: Concrete anchorage for posts.
3. Section 04220.- Unit Masonry: Anchorage to Masonry. •
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. ASTM A 526- Standard Specification for Steel Sheet Zinc Coated (Galvanized) by the Hot Dip
Process, Commercial Quality.
2. ASTM B 117-Standard Method for Salt Spray (Fog)Testing.
1.03 SYSTEM DESCRIPTION
A. Design Requirements: Fencing system and installation engineered to withstand 110 mph windload
assuming 50 percent coverage with hanging plastic banners and signage.
•
PART 2 PRODUCTS
2.01 FENCING SYSTEM MANUFACTURER
A. Ameristar Fencing Products, Tulsa, OK (800) 321-8724.
8. Substitutions: rg° F.►�';3 -�•e./ a- d e#hr
2.02 FENCING SYSTEM MATERIALS
A. Fencing System:
1, Aegis II, Majestic 3-Rail Style.
2. Aegis II, Classic 3-Rail Style.
B. Fence Pickets. Rails. Posts, and Columns: Formed from coil steel with minimum yield of 50,000
psi; ASTM A 526, coating designation G-90.
C. Fasteners: Zinc-plated and polymer coated to match fencing system and having a pull-out value
from 500 to 700 pounds.
D. Finish Coating: Electrostatic spray application of thermoset polyester to meet ASTM t3 117 spray
testing.
1. Coating Dry Film Thickness: 2 to 4 mils.
2. Colon Black
MAR-31-00 FRI 1127 AIS DOUGLAS A KELLEY PA FAX NO. 6123710574 P. 05/07
03/30/00 15:06 FAX 126250155E2 CONTINENTAL PROVsRTII:S f�OUZIUUS
E. Pickets, Rails, Posts, and Columns Size:
1. Pickets: 1 inch x 1 inch x 16 gage. (at 4.98 inches on center).
2. Rails: 1-13/4 inches x 1-3/4 Inches x 14 gage.
3. Posts: 3 inches x 3 inches x 12 gage thick wall .
4. Columns: 4 inches x 4 inches x .121 inch thick wall.
F. Post and Column Caps: Square caps firmly affixed on extending end.
G. Fasteners: Self drilling steel hex head, zinc-plated and polyester powder coated to match fencing
system.
N.. /V•f ase
1. Steel Swing Gate:
1. Prefabricated steel fence panels with all hardware and steel plate pre-installed by
manufacturer.
2. Steel plate, size as indicated on Drawings, welded to gate panel frame for mounting of exit
device hardware.
3. Two 7 inch ball bearing barrel hinges.
PART 3 t7(ECUTION
3.01 INSTALLATION - FENCING SYSTEM
A. Install framework fencing, gates and accessories in accordance with manufacturer's published
Instructions and installation drawings. Install fencing to withstand windioad specified.
1. Coordinate installation of specified systems as indicated.
2. Install Majestic and Classic systems at designated locations.
8. Set system plumb, in footings with top of footing and fence height as shown on Drawings. Slope
top of concrete for water runoff.
C. Brace each gate and corner post to adjacent line post with horizontal center brace rail or diagonal
truss rods as recommended by manufacturer.
D. Insert rail ends into pre-punched holes In posts and fasten with rivet or self-tapping screws as
recommended by manufacturer.
E. Insert pickets into pre-punched rails.
F. A/v T sa 414
G. Install swinging gate by attaching hinges of gate assembly to gate post and exit device strike to
opposite gate post to align with exit device latch bolt..
MAR-31-00 FRI 11 :27 AM DOUGLAS A KELLEY PA FAX NO. 6123710574 P. 06/07
03/30/00 15:06 FAX 12625025522 CONTINENTA1, PROPERTIES a004/005
3.04 FIELD QUALITY CONTROL
A. Inspect fencing system installation and attachment to building structure.
B. Inspect gate operation and hardware installation.
•
+.
•
END OF SECTION
MAR-31-00 FRI 11 :27 AM DOUGLAS A KELLEY PA FAX NO. 6123710574 P. 07/07
. U:1/:S0/00 15:06 FAX 12625025522 CONTINENTAL PROPERTIES QD005/005
•
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•
•
•
•
•
/s E. 1,
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Workshop Meetings
DATE: March 30, 2000
INTRODUCTION:
The Council is asked to consider workshop meetings to accommodate two items: a joint
meeting with the SPUC Board of Commissioners to discuss water issues,and a workshop
with the Murphy's Landing Board of Directors to discuss the proposal of the Outdoor
Heritage Education Center for a building to be constructed on Murphy's Landing(City)
property.
BACKGROUND:
SPUC Joint Meeting—The Council has previously directed staff to set up a meeting
with SPUC and City staff,DNR,Metropolitan Council, and legislators. We have been in
contact with staff and the Met Council and DNR;they will make themselves available
whenever a time is set. However,legislators are not going to be available until after the
session ends on April 21st
In speaking with SPUC Commission Chair David Thompson,he suggests a joint meeting
between the SPUC Commissioners and City Councilors would be appropriate to deal
with policy issues. We agreed that this would make some sense,and is something that
should be done on a regular basis,regardless of the water supply issues. In consideration
of Councilor Sweeney's schedule,we would suggest that a date be set some time after
April 17th.
Murphy's Landing Board of Directors- Council is aware that the Murphy's Landing
Board has been considering a proposal brought forth by Mark LaBarbera of the Outdoor
Heritage Education Center(OHEC), concerning the construction of a museum/education
center that would be funded and operated by OHEC on the Murphy's Landing eastern
end. Murphy's Landing Board in November voted to proceed with this,with several
caveats, all of which have been met by OHEC.
However,there still remains an resolved issue as to whether allowing a third party to
construct on land which is leased by Murphy's Landing from the City, is a good idea. It
has been suggested that Mr. LaBarbera provide a lease(throught an attorney doing
volunteer work for OHEC),that could act as a discussion item for a joint meeting
between the City Council and Murphy's Land Board of Directors. Before any further
work proceeds on this,there needs to be a commitment from both the Council and Board
that this is a concept with which both are comfortable.
If they are, and the lease is acceptable(this would be reviewed by the City Attorney prior
to being presented to both groups),much other work would need to be done.
Specifically, a survey of the area requested by OHEC would be needed, as well as an
environmental review. We want to be certain that there are no issues from a previous
dump in the area that would need to be addressed.
RECOMMENDATION:
Attached is a calendar for April and May. The Council should identify one,or two dates
for workshop meetings, if they so desire. It is possible that both issues could be held on
one night, if that is the desire of Council. One possibility is the fourth Tuesday,April
25`".
ACTION REQUIRED:
The Council should identify dates for meetings in joint sessions with both Shakopee
Public Utilities Commissioners,and with the Murphy's Landing Board of Directors.
144116,1
Mark McNeill
City Administrator
MM:tw
CC: Lou VanHout, SPUC
Dennis Kelly,Murphy's Landing
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CITY OF SHAKOPEE
Dv) )
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Franchise Fee Update
DATE: March 30, 2000
INTRODUCTION:
The purpose of this memorandum is to provide an update regarding the implementation
of a franchise fee for electrical and gas utility sales within the City of Shakopee.
BACKGROUND:
In February,the City Council considered a resolution which called for Northern States
Power to enter into a franchise agreement with the City by March 31St, and that at the
April 4th meeting, a franchise fee ordinance would be considered for adoption by the City
Council. That February action was deferred,but NSP was notified that the City was still
proceeding with the April 4th time frame.
Since that time, staff, along with Attorney Jim Strommen from Kennedy& Graven,has
met with representative of Minnesota Valley Electric and Northern States Power. It has
become evident that the addition of a franchise fee for electrical power sales within the
City is going to be very complex. Complicating the equation is the fact that NSP
apparently sells more electricity in the City than does Shakopee Public Utilities, but a
large majority of those sales are concentrated in five large users. In addition,new
technology, expected to be available within the next few years,will allow all users
(through natural gas or alternative fuels),the ability to generate their own electricity.
Therefore,the inclusion of natural gas with the franchise fee and alternative formulas
make sense to explore. Minnegasco has been contacted,and is not adverse to having a
franchise fee included. They will list that as a line item, and will be passed along to
customers. Therefore, instead of it being solely a electric franchise fee,this consideration
should be an energy franchise fee.
Staff has met with Dahlen,Berg, and Associates for assistance. Dahlen/Berg is the firm
that does rate analysis for Shakopee Public Utilities. Amongst other things, Dahlen/Berg
would attempt to come up with a formula that would equate natural gas units (btu)to
electrical units(kwh), and determine what would be an equitable distribution of an
energy franchise fee.
We have directed, at least for initial discussions, a$1.2 million amount be generated as a
result of this energy franchise fee. That compares with approximately$825,000 that has
been transferred by SPUC each year over the past five years. If Council wants something
significantly different than that, it should so advise.
Because of the additional complexities in adding Minnegasco, it will be premature to take
any action on the franchise fee on April 4th, as originally anticipated. Instead,NSP,the 3
large NSP users who contacted me, and MVEC have been notified that it will likely be an
additional 60 to 90 days before this will be brought back to the City Council for
consideration.
ACTION REQUIRED:
According to the City Attorney,there is no action that is required to extend the April 4th
time frame. Instead,this will be brought back to the Council for consideration when
more information is available.
lit,tiltUi
Mark McNeill
City Administrator
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CITY OF SHAKOPEE
Memorandum U L
NT
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Lions Club Donation
DATE: March 28, 2000
Introduction & Background
The city has received a check from the Lions Club with the
intention that the funds be used for Lions Park. The check
will be deposited to the City' s checking account for the
Escrow Fund.
Council controls the use of donated gambling proceeds and
has always directed the funds to where the donator
requested.
Action
Move to authorize the acceptance of $5, 000 . 00 from the Lions
Club and authorize the funds to be placed in the Escrow Fund
for use in Lions Park.
Gregg Voxland
Finance Director
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Application for Pawnshop License - Frank's Pawn, Inc.
DATE: March 31, 2000
INTRODUCTION:
City Council is asked to approve a pawnshop license for Frank's Pawn,
Inc. dba/Shakopee Pawn at 1147 Canterbury Road.
BACKGROUND:
You may remember that City Council approved a pawnshop license for Mr.
Marzario in the name of TBOF, LLC dba/Shakopee Pawn at the last City
Council meeting. Mr. Marzario is buying out one of the partners of
Madison Financial Company dba/Moneyxchange and needed to obtain a new
license. Since the March 21, 2000 Council approval, at the advise of
legal counsel, Mr. Marzario has formed another corporation and desires
to have the license issued to a third corporation known as Frank's
Pawn, Inc. dba/Shakopee Pawn.
I am unaware of any reason that would preclude the issuance of a
license in the name of the new corporation. The license in the name of
TBOF, LLC dba/Shakopee Pawn has not been delivered to Mr. Marzario.
The new license in the name of Frank's Pawn, Inc. will be delivered to
Mr. Marzario upon the surrender of the existing license in the name of
Madison Financial Company dba Moneyxchange.
Mr. Marzario will continue to employ some of the same employees under
his new corporation.
RECOMMENDED ACTION:
1. Approve the application and grant a Pawnshop License to Frank's
Pawn, Inc. dba/Shakopee Pawn, 1147 Canterbury Road.
2. Approve the application and grant a Pawnbroker, Precious Metal
Dealer and Secondhand Dealer's license to Frank John Marzario,
Frank's Pawn, Inc. dba/Shakopee Pawn, 1147 Canterbury Road.
3. Approve employee licenses for the following employees of Frank's
Pawn, Inc. dba/Shakopee Pawn: Jim Rocheford, Kraig Ellingson and
Joe Arthur. 44
Judi S. Cox, City Clerk
E.
RESOLUTION NO.5345
RESOLUTION AUTHORIZING SALE OF REAL PROPERTY
TO VALLEY GREEN BUSINESS PARK LIMITED
PARTNERSHIP
WHEREAS, the City is the fee owner of certain real property located near the intersection
of County Road 16 and County Road 83 and legally described as follows:
That part of the Southwest Quarter of the Southeast Quarter of Section 9, Township
115, Range 22, Scott County, Minnesota described as follows: Commencing at a
point 32 rods north of the Southwest corner of the Southeast Quarter, thence running
east 13 rods, thence north 10 rods, thence in a northwesterly direction about 13.7
rods to a point 46 rods north of said Southwest corner of the Southeast Quarter,
thence south 14 rods to the place of beginning.
(the"Property"); and
WHEREAS, the City has no further public need for the Property; and
WHEREAS, the City has entered into a purchase agreement for the sale of the Property to
Valley Green Business Park Limited Partnership, pursuant to action of the City Council on May 4,
1999; and
WHEREAS, the title company handling the closing has requested a resolution to evidence
the City Council's approval of the sale.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee:
1. The City Council fords that the sale of the Property is not inconsistent with the City's
comprehensive municipal plan, in that the comprehensive plan does not designate the
Property for any future public use.
2. The sale to Valley Green Business Park Limited Partnership of the above-described
Property is hereby approved.
3. The mayor, city clerk and city administrator are authorized to execute any and all
agreements and instruments required to effectuate this resolution.
Adopted this 4th day of April, 2000.
Jon Brekke,Mayor
Judy Cox,City Clerk