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HomeMy WebLinkAbout08/06/1996 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 6, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Resolutions of Appreciation: a] Jim Plekkenpol - Res . No. 4475 b] Ronald Scherer - Res . No. 4472 c] Howard Heller - Res . No. 4473 4] Liaison Reports from Councilmembers 5] Mayor' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS >7] Approval of the Minutes of July 2nd and 9th, 1996 >8] Approve Bills in the Amount of $146, 087 . 90 9] Communications: a] Presentation of award of excellence by MN. Recreation and Park Association to the City and Rotary b] Resignation of Steven Smith from Cable Communications Commission and Community Access Corporation Board of Directors c] Bernard Wenzel, ADC Telecommunications, Inc. , request for special City Council meeting 10] Tobacco License Violations 11] Recommendations From Boards and Commissions : a] Excelsior-Henderson Negotiations b] Joint Powers Agreement with Scott County HRA for Blocks 3 and 4 >c] Rezoning of 17+ acres S of 17th Ave extended and E of Sarazin St. from AG to R-2 and R-1B zones - Ord. 461 d] Amending Zoning Regulations for Restaurants and Taverns Serving Alcohol - Ord. No. 462 >e] Preliminary Plat of Hauer' s 5th Addition - Res . 44 >f] Preliminary Plat of Samantha Woods - Res . 4482 g] Final Plat of Milwaukee Manor 2nd Addition - Res . 4479 TENTATIVE AGENDA August 6, 1996 Page -2- 12] Reports from Staff: a] Shakopee Services Appeal of Board of Adjustments and Appeals Denial of A Variance to Construct A Metal Building Within The I-2 Zone at 730 West 3rd Ave. b] Fire Station: 1] Fire Station Architecture Contract 2] Fire Station Site Purchase 3] Fire Station Referendum Cost Discussion c] Fire Department Breathing Compressor d] Memorial Park Crop Land >e] Temporary 3 . 2 Beer License - Shakopee Jaycees >f] 1996 Auditor Authorization g] MnDOT Request to Remove Gravel for Shakopee Bypass h] Shakopee Bypass Noise Variance >i] Surplus Property. >j ] 1997 Assessing Contract k] Valley Green Business Park Wetland Replacement - Res . No. 4483 1] Scott County Highway Department Wetland Replacement - Res . No. 4484 m] Attorney Services >n] Pest Control Contract - Library o] Low Flow Design in Upper Valley Drainageway - E of CR79 p] Scott County Turnbacks 13] Routine Resolutions and Ordinances : >a] Res . No. 4474 - Appointing Election Judges >b] Res . No. 4477 - Southwest Metro Task Force >c] Res . No. 4476 - Authorizing Bank Transfers >d] Res. No. 4480 - City/School Joint Use of City Property >e] Res . No. 4478 - Apportioning Assessments for Block 1, ESP 14] Other Business : 15] Adjourn to Tuesday, August 13, 1996 at 4 : 00 P.M. Mark McNeill City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. REMINDER: August 13th Budget Worksession at 4 : 00 P.M. Memo to: Parks and Recreation Advisory Board 3ou From: Mark McQuillan, Parks and Recreation Director Re: Resolution of Appreciation for Jim Plekkenpol Date: July 17, 1996 INTRODUCTION Attached is Resolution 4475, a Resolution of Appreciation for Mr. Jim Plekkenpol for his 29 years of volunteer service teaching archery for the City's recreation program. Jim has decided that this would be his last year as the archery instructor. BACKGROUND Jim began teaching archery for the old the Shakopee Recreation Board in 1967. Since then, over a thousand residents have taken the class from Jim. Remarkably, during those 29 years, there was never a mishap or injury before, during or after class.. Safety was always the number one objective of Mr. Plekkenpol. Despite many attempts by staff to remunerate Jim for his time,he refused to accept payment. He often made the trophies for the class"Shoot-off'competition. Jim also did all of the repairs to the archery equipment during the off season. Jim's dedication to teaching archery will be deeply missed by staff and the community. Finding someone of Jim's caliber will be a difficult task. At its July 22, 1996 meeting,the Parks-and Recreation Advisory Board recommended to the City Council to offer a Resolution of Appreciation for Jim Plekkenpol for his many years volunteerism. ALTERNATIVES 1. Offer Resolution 4475 , a Resolution of Appreciation acknowledging Jim Plekkenpol's contributions to the recreation program as a volunteer for 29 years. 2. Do not offer Resolution 4475. 3. Table action pending further information from staff. 4. Honor Jim Plekkenpol at the next Parks and Recreation Advisory Board Meeting rather than at a City Council meeting. RECOMMENDATION Alternative#1 ACTION REQUESTED Offer-Resolution 4475, a Resolution of Appreciation acknowledging Jim Plekkenpol's contributions to the community recreation program as a volunteer for 29 years. RESOLUTION NO. 4475 A RESOLUTION OF APPRECIATION TO JIM PLEKKENPOL AS VOLUNTEER ARCHERY INSTRUCTOR FOR 29 YEARS OF SERVICE TO THE CITY OF SHAKOPEE WHEREAS, The Shakopee City Council acknowledges Jim Plekkenpol for his 29 years of volunteer service as archery instructor for the City of Shakopee's recreation program; and WHEREAS, Jim Plekkenpol's enthusiasm for archery had a positive impact on each and every participant; and WHEREAS,Jim Plekkenpol's commitment to safety has resulted in 29 years of an injury free activity; and WHEREAS, Jim Plekkenpol inspired thousands of area youth and adults to use the bow and arrow for recreation and, in some cases,to test their newly learned skills in archery competition; and WHEREAS, Jim Plekkenpol's time and talent will be deeply missed by the community and the City of Shakopee's Parks and Recreation Department. NOW THEREFORE BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, hereby expresses its thanks and appreciation to Jim Plekkenpol for his 29 years of outstanding volunteer service to the community. Adopted in regular session of the City Council of the City of Shakopee,Minnesota this 6th day of August, 1996. Mayor of the City of Shakopee ATTEST: City Clerk 3b RESOLUTION NO. 4472 A RESOLUTION OF SPECIAL COMMENDATION TO RONALD SCHERER FOR 25 YEARS OF SERVICE TO THE CITY OF SHAKOPEE Be it remembered that on the 17th day of January, 1971 Ronald Scherer entered City employment and from that date on he has faithfully served the City of Shakopee, its citizens and residents over and beyond the call of duty for all these many years. Therefore, be it resolved by the Shakopee City Council that the City hereby expresses its deep appreciation and gratitude and do hereby commend Ronald Scherer for his devotion to duty, his loyalty and his friendship. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 1996. Jeffrey M. Henderson, Mayor City of Shakopee ATTEST: Judith S. Cox, City Clerk RESOLUTION NO. 4473 A RESOLUTION OF SPECIAL COMMENDATION TO HOWARD HELLER FOR 25 YEARS OF SERVICE TO THE CITY OF SHAKOPEE Be it remembered that on the 1st day of January, 1971 Howard Heller entered City employment and from that date on he has faithfully served the City of Shakopee, its citizens and residents over and beyond the call of duty for all these many years. Therefore, be it resolved by the Shakopee City Council that the City hereby expresses its deep appreciation and gratitude and do hereby commend Howard Heller for his devotion to duty, his loyalty and his friendship. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 1996. Jeffrey M. Henderson, Mayor City of Shakopee ATTEST: Judith S. Cox, City Clerk t • 4 g TO: Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: August 1, 1996 Introduction and Background, Attached is a print out showing the division budget status for 1996 based on data entered as of 7/31/96. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the attached bill list is the below listed educational reimbursement for employees. Employee Class Cost Jerry Poole Law/the Legal Process $207.40 Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $7, 912 .88 . Action Requested Move to approve the bills in the amount of $146, 087.90 . • CITY OP SHAKOPEE EXPENSES BY DEPARTMENT 07/31/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED .apo 11 MAYOR & COUNCIL 83,090 4,481 29,238 35 12 CITY ADMINISTRATOR 215,490 12,816 134,412 62 13 CITY CLERK 132,040 10,593 63,084 48 1S FINANCE 307,410 28,898 179,788 58 16 LEGAL COUNSEL 260,030 11,036 94,605 36 17 COMMUNITY DEVELOPMENT 457,930 30,615 152,793 33 18 GENERAL GOVERNMENT BUILDINGS 132,510 14,684 78,871 60 31 POLICE 1,588,500 135,219 882,276 56 32 FIRE 418,670 58,636 216,273 52 33 INSPECTION-BLDG-PLMBG-HTG 228,930 20,424 119,520 52 41 ENGINEERING 407,760 31,742 186,218 46 42 STREET MAINTENANCE 775,720 68,031 319,575 41 44 SHOP 116,650 18,791 60,240 52 46 PARK MAINTENANCE 304,660 33,178 158,463 52 91 UNALLOCATED 436,340 -169,874 261,877 60 TOTAL GENERAL FUND 5,865,730 309,268 2,937,234 50 17 COMMUNITY DEVELOPMENT 463,400 41,421 198,463 43 TOTAL TRANSIT 463,400 41,421 198,463 43 • r, • a� • 01 al a H H H H H H H HH H 0 0000 0 0 0 0 0 0 a W Ow ai 0 Z W U H 41 N 10 N CO 0% N ri rl 1•1 ri N ri r4 M m M O U1 t0 N U) 111 41 N 141 41 U1 Uf lA 0 0 N N N r♦ 0 10 H ri rl rl n n n n n N M U1 N N N U1 n 0 U1 U) N U1 N N U1 N N N N N N ri 41 ri N N H 0 41 .4 0 0 0 0 0 0 0 0 0 0 0 0 0 er 0 V' 0 0 0 0% 01 0 O m O m m 0 0 0 0 0 0 0 M .-1 E 0 0 M 0 n ri O m ri CO CO 0 0 ri ri rl r♦ 0 0 0 0 0 n E CO ri N CO rl CO CO n n M rl N N N N ri V' V' er er n ga ri N ri ri M ri ri ri ri er er M M M M N 10 N N N d' W N N N N er N N N N el' V' V'V'V'V' V r4 I' V' d' M O CQ I I I I I I I I I I 1 I II I 1 I I I I I V' r U€ i rrl N 0 N N t0 N N N N r4 er ri rl ri r4 0 r4 ri 0 U�Z7. r4 l rl N r4 r4 rl ri r-1 CO N n rl ri CO CO V' V' V' N 4 01 Co 01 01 H 01 01 01 01 r4 rl ri rl V'M ri n V' e' a Co O 0% 0 0 O 0 O O 0 O O O O O O 0 01 0 0 0 N Cl) 0 Wz al UW C Z a a 43 H a CO0 H >4 >4 w CC) H 113 E E E w H 4 4 H 01 H H Z H U W • E CO9 Cl) O Z CO O a m W W CO W C9 Es E E E f�+ q E H ao H w zzzz Z Z Z Z Z �+ rl aO C0 0 to Cq 4 Cl) 0000 H W W W W 4 U 1 U X n m 0 m 0 Z .7 x x X 7C E 3 E 3 Z I W in W I 01 01 0 4 a a a a a a a a x 0) • U N C. 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H Z a Ee 0 0: Ca In a £CC >! g w H U aH CI' H 4 co a iz 0 fX ai Z 4 rn > 0 rn a Z0 C� U E U Ca Q O1 H «a O1 H Z E' rzl w Z Cl) j 0 Ca H 0 $ H Cu CA Cl) a a H Ca ( al x ri Ill h CO O1 0 ri 0 0 0 0 0 0 U 0 -4 el el el V V ri el V Ul CO w 0 r1 a a V' w V, h h Is Is h CO a H 7t 4t 4t 3t 3t It 3t 4t 3t 7C 4t 4t 4t U 0 ri. w u. w w a. is. a. a. w w a. 9cL.J CITY OF SHAKOPEE Memorandum To: Mark McNeill, City Administrator 6nIN. From: Mark McQuillan, Parks and Recreation Director Subject: The Minnesota Recreation and Park Association's Award of Excellence Date: July 30, 1996 INTRODUCTIONBACKGROUND On August 6, 1996, representatives from the Minnesota Recreation and Park Association will be attending the City Council Meeting to present its Award of Excellence to the City of Shakopee and the Shakopee Rotary Club for the Trail Kiosk Project. The City of Shakopee and the Shakopee Rotary Club have constructed Trail Kiosk along the Minnesota Valley State Trail System in Huber Park and Memorial Park. Additional Kiosk are planned for City and County trails. Accepting the Award will be Bill Wermerskirchen, Jack Cole and Connie Roerich for the Shakopee Rotary Club and Mayor Jeff Henderson and for the City. 96 CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator )] FROM: Judith S. Cox, City Clerk_-_ SUBJECT: Vacancy on the Cable Communications Commission and Community Access Corporation Board of Directors DATE: July 29, 1996 INTRODUCTION AND BACKGROUND: The City has received a communication from Mr. Steven Smith resigning from the Cable Communications Commission and from the Community Access Corporation Board of Directors. It is appropriate that the resignations be accepted. With an opening on these two boards, it is appropriate for City Council to consider filling these positions. The following options are offered for Council consideration: 1. Direct staff to contact the three applicants who applied for the positions in January and who were not appointed to determine if they might still be interested in the positions: James A. Bastyr, Robert Geyen, and Bill Harrison. 2. Direct staff to advertise for the positions. 3. Take action on any applications before the Council at this meeting. Nomination and Appointment Process: According to Resolution No. 2206, Setting Forth City Council Procedural Policy on Appointments To City Boards And Commissions, Council shall make nominations at one Council meeting and vote at the next Council meeting. Upon majority vote of the Councilmembers present, the Council may waive the procedural policy on appointments to permit nominations, voting and appointment all to occur at the same Council meeting. According to the City's Boards and Commissions Guidelines For Appointments and Operation, persons interested in being considered for appointment or reappointment to a City board or commission shall complete an "Application for Council Advisory Board and/or Commissions" form furnished by the City. Vacancy on Cable Commission July 29, 1996 Page -2- Eligibility: The By-Laws of the Community Access Corporation provide for membership and eligibility to be on the Board of Directors and Committees: 2.111 Have a bona fide interest in the noncommercial use of the video medium. 2.112 Be in substantial agreement with the objectives of the organization as set out in the articles or incorporation. 2. 113 Pay dues as established in these by-laws and due no later than the annual meeting or be a cable subscriber in the Shakopee franchise area. 2. 114 Be a person, group, organization or other entity who has residence, business address or school address in the franchise service area. Cable Communications Commission v. Community Access Corporation: The Cable Communications Commission is a five member board established to oversee compliance with the cable franchise ordinance. The Community Access Corporation is governed by a six member board of directors and is established to serve the citizens of Shakopee through the use of the cable television network franchised by the City (public access channel) . It is not necessary that one be on both boards. Originally members on the Commission were separate from members on the Access Board. As interest decreased in the Cable Access Board, members of the Commission agreed to serve on the Access Board in addition to the Commission. (Mr. Smith is a member of both. ) RECOMMENDED ACTION: 1. Accept the resignation of Mr. Steven Smith from the Shakopee Cable Communications Commission and from the Board of Directors of the Shakopee Community Access Corporation, Inc. 2. Discuss options_ and give staff direction on how Council desires to fill the vacancies. h\judykableopn July 2, 1996 RFCE�V�D Cable Communications Advisory Commission -VE Access Corporation Board of Directors City ;1996 c/o Chairpersonp � Don 9 McNeil Ops, Shako Dear Commission Members, I regret to inform you of my resignation from the Cable Communications Advisory Commission and the Access Corporation Board of Directors, To fulfill other obligations I will no longer serve local cable station efforts in the capactiy as commissioner and board member. As President of the Shakopee Community Arts Council and media arts enthusiast, I will continue to promote the Public Access studio whenever possible. Sincerely, ' e)l'ir"` Steven Anthony Smith JUL 17 '96 15:48 P.2 REC ivED July 17, 1996111996 City OpEF Judy Co; City Clerk City of Shakopee 129 South Holmes Shakopee, MN 55379 Dear Ms. Co; Please find enclosed Steven Smith's letter of resignation from the Cable Access Commission/ Board. I would Idce to recommend Mike Huber to fill this vacancy on the Commission/Board. Although Mike lives outside of Shakopee,the bylaws do allow for him to serve. We would like to see this position filled as soon as possible since we aro looking at making changes and will need committed, enthusiastic members who work well together. As Chair of this Commission I'm anticipating the need for more commitment from Commission/Board members than attending four meetings a year. I might add that during his tenure, Steven Smith attended only one meeting solely for the purpose of asking for funds for his production"First and FilmoreTM. In seeking people in the future to fill commission and board positions I would hope that the City will be looking for people who are more concerned with the needs of the community as a whole rather than in serving a particular interest group. Sincerely, Don McNeil, Chairperson Cable Access Corporation,Board of Directors cc: Mike Huber RESOLUTION NO. 2206 A RESOLUTION SErfING FORTH CITY COUNCIL PROCEDURAL POLICY ON APPOINTMENTS TO CITY BOARDS AND COMMISSIONS WHEREAS, in accordance with the City Code, the Shakopee City Council has the authority and obligation to appoint persons to the various City Boards and commissions; and WHEREAS, the City Council desires to establish a procedure for the appointment of persons to the various City boards and commissions. NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council hereby establishes the following procedure to appoint persons to the various City boards and commissions: 1. When an appointment is required, the City Administrator shall notify the City Council as early as possible before the appointment is put on the City Council agenda. 2. The City Council shall make an appointment to a City board or commission only if the appointment appears on the printed agenda of that meeting or if the appoint- ment was tabled from a previous meeting. 3. The City Council shall follow Roberts Rules of Order, Newly Revised, in making nominations for any appoint- ment to be filled. Any Councilmember can nominate • an individual and the nomination must be seconded by another member. Each Councilmember who nominates a person for an appointment should either pass out a resume of that person to the other Councilmembers or be able to recite some background information about the nominee. A motion to close nominations can be made and seconded at any time after each Councilmember present has been polled for a nomination. Once nominations are closed, no further applications will be received and vote will be -made at the next Council meeting. 4. After nominations have been closed, if there is more than one person nominated for an appointment, the City Clerk shall distribute paper upon which each Councilmember shall write his preference for the appointment and sign their name. S. The Mayor shall open the paper ballots and announce how the votes were-:cast.. 6. If the person receiving the most votes does not have a majority vote of the Councilmembers present, then there shall be a second paper vote between the top two candidates. If the vote is a tie between the top two candidates, there shall then be an additional paper vote between the top two candidates. Resolution No. 2206 Page 2 7. After a candidate has received a majority vote on a paper ballot, the Mayor shall annouce his or her name and the fact that he or she has a majority vote. At that time, a motion is in order to appoint that person to the position. This motion shall be voted on and if the person receives a majority, he or she is then appointed. 8. All ballots shall be turned over to the City Clerk and be properly filed. 9. Upon majority vote of the Councilmembers present, the 41( Council may waive the procedural policy on appoint- ments to permit nominations, voting and appointment all to occur at the same Council meeting. BE IT FURTHER RESOLVED that Resolutions 1562 and 1969 are hereby repealed in their entirety. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 3rd day of January, 1984. yor of the City of Shakopee ATTEST: 14 City er Approved as to form this day of January, 1984. (4.41"-""a2l.n:e°", City Attorney Rev. 2/94 CITY OF SHAKOPEE BOARDS AND COMMISSIONS GUIDELINES FOR APPOINTMENTS AND OPERATION Purpose And Need For A Policy It is the Council' s desire to assure equal and open access to the selection process for all City Council appointed boards and commissions . The Council, therefore, sets up the following recruitment and selection process for members to all Council boards and commissions . Policy The boards and commissions, except Shakopee Public Utilities Commission, shall be advisory bodies to the City Council charged with the responsibility of researching, reviewing and making recommendations on related issues . It is the policy of the City of Shakopee to obtain the best possible appointments for boards and commissions through a standardized recruitment and selection process . SECTION A. APPOINTMENTS: I . Qualifications and Procedures A. All persons making application to the City Council for a position on a board or commission shall be a resident of the City of Shakopee, except where the enabling resolution states otherwise. B. Persons interested in being considered for appointment or reappointment to a City board or commission shall complete an "Application for Council Advisory Board and/or Commissions" form furnished by the City. C. No person shall serve as a regular voting members on more than two boards or commissions. . - D. When an individual' s regular employment may potentially cause a conflict of interest with the normal items of business of a City board or commission, he or she shall divulge such possible conflict in writing prior to the consideration for appointment . Prior to making an appointment, the City Council shall determine whether or not such potential conflict of interest would preclude the appointment of the applicant . E. Anyone already holding an elective County, State or Federal office shall not be eligible to serve in a regular voting position on any of the boards or Final : February 7, 1984 As Amended: 3/5/85 As Amended: 11/4/86 BY-LAWS SHAKOPEE COMMUNITY ACCESS CORPORATION, INC. I. Purpose: The Shakopee Community Access Corporation, Inc. is a non-profit, tax-exempt community organization formed to serve the citizens of Shakopee, Minnesota through the use of the cable television network franchised by the City of Shakopee. The primary purposes of the Corporation are: 1. 1 To facilitate, promote, coordinate and assist in public service community programming of benefit or interest to the members of the Shakopee community; 1. 2 To inform and educate members of the community of the . potential communication benefits and services which cable television can provide to Shakopee; 1. 3 To provide training and technical assistance that will help the members of the Shakopee community realize the potential of cable television as a source of non- commercial means for communication; 1. 4 To serve as a resource center for information, materials, programming, and equipment; and 1. 5 To serve as a receiving, holding, and disbursing entity for monies intended for use of the cable television medium. II . Organizational Structure : The Shakopee Community Access Corporation, Inc. is composed of the membership, Board of Directors and Committees or staff necessary for fulfillment of the Corporation ' s purposes. 2. 1 Membership 2. 111 Have a bona fide interest in the noncommercial use of the video medium. 2. 112 Be in substantial agreement with the objectives of the organization as set out in the articles or incorporation. 2. 113 Pay dues as established in these by-laws and due no later than the annual meeting or be a cable subscriber in the Shakopee franchise area. 2. 114 Be a person, group, organization or other entity who has residence, business address or school address in the franchise service area. 2. 12 Membership Privilege Each member in classes 2. 141 and 2. 142 in good standing of the Shakopee Community Access Corporation is entitled to vote on motions, resolutions and other appropriate matters that come before the membership at any regular or special meeting. 2. 13 Term of Membership and Dues 2. 131 Term: Membership shall run from January 1st to December 31st of each year. 2. 132 Dues : To remain in good standing voting members must pay dues or subscriber fees as established in Section 2. 14 no later than the annual meeting. Regular and family classes will not be prorated for members joining after January 1st. The treasurer will prepare notice of dues payable to be mailed with the annual meeting notice at least two weeks prior to the annual meeting. 2. 14 Classes of Membership 2. 141 Regular (voting) Membership: Available to any person at an annual cost of $3. 00 per year. 2. 142 Family (voting) Membership: Available to families at an annual cost of $7 . 00, allowing two persons voting privileges. 2. 143 Subscriber Membership: Available with voting privileges and with full access to the Corporation ' s services and facilities for all cable subscribers in the Shakopee Cable franchise area. 2. 144 Non-Profit Organizational Membership: Avail- able, without voting privileges, but with full access to the Corporation ' s services and facilities for all members of an organiza- tion, at an annual cost of $60 . 00 . 2.-145 - Sponsoring Membership: Available, without voting privileges , to any person or organiza- tion that may wish to be recognized, but not active in the Corporation, at a minimum - z - annual cost of $120 . 00 . 2. 146 Sustaining Membership: Available, without voting privileges, to any person or organiza- tion that may wish to be recognized, but not active in the Corporation, at a minimum annual cost of $240 . 00 . 2. 147 Patron Membership: Available, without voting privileges, to any person or organization that may wish to be recognized, but not active in the Corporation, at a minimum cost of $500. 00 . 2. 148 The Board of Directors shall have at their own discretion the authority to offer special membership promotions which modify stated membership classes and fees. 2. 15 Meetings 2. 151 Annual Meeting: The membership shall meet annually in the month of February at a time and place to be announced by the Board of Directors, for the purpose of receiving a report on the Corporation' s status, and deciding any other matters re- quiring a vote of the membership. 2. 152 Notice of Meetings : Meeting date, times and location will be announced to the membership at least two weeks in advance of the scheduled meeting to permit members time to file agenda items with the Chairperson. 2. 153 Open Meetings : All meetings of the members, or the Board of Directors of SCAC will be open to the public; except Board Meetings on confidential matters, and as allowed by Minnesota Open Meeting Law. 2. 154 Special .Meeting: The Chairperson of the Board of Directors may initiate or at the request of two other members of the Board of Directors call special meetings . Special meetings shall may also be called by petition of 5% of the voting members in good standing • or 15 members, whichever is less. 2. 155 Voting: Appropriate matters brought before the membership or the board shall be resolved by a simple majority vote of the voting members in good standing present, except in the case of amendments to the By-Laws, as provided for in Section III . 2. 156 Quorum: Five-percent of total voting members in good standing or 15 members, whichever is less, shall constitute a quorum of the membership; a majority of the members of the board shall constitute a quorum of the board. 2. 157 Parliamentary Procedures : All procedural matters not specifically outlined in the by- laws shall follow Robert ' s Rules of Order, Newly Revised. 2. 2 Board of Directors The Board of Directors shall serve without pay. The Board exercises the responsibilities and powers of a non-profit/tax-exempt corporation and. takes necessary action to protect that status . The Board also provides direction on Corporation policies, operations, and activities to any staff persons who are hired by the Corporation. Board members assist in gaining access to human, material, informational, and financial resources necessary for corporation activities and/or direct staff in these endeavors. 2. 21 Membership The Board shall be composed of at least five (5) persons appointed by the Shakopee City Council from among the members of the corporation in good standing. Each member of the Board shall serve for three years and may be reappointed for an unlimited number of terms. Terms of the Directors shall be staggered to provide continuity. Mid- term vacancies on the Board shall be filled for the remainder of the open term by Council appointment. Not less than one (1) of the Cable Company' s representatives shall be included on the Board of Directors, nominated and appointed by the Cable Company. 2. 22 Appointment Members in good standing and interested in appointment to the Board of Directors shall place their names in nomination for appointment by the City Council. The representative of the Cable company shall be appointed by the company. If there are more openings than qualified applicants, the Council shall appoint any member in good standing of the corporation to fill a Board - y- vacancy. The Council shall make appointments at its first regular meeting in January, seeking broad representation of the City ' s educational, social, community and business organizations. New appointees shall assume office on February 1st. Terms shall run until January 31st or until a successor is appointed and qualified. The initial Board shall be appointed by the City Council without being qualified by the membership. 2. 23 Meetings The Board shall meet at least quarterly at a time and place arranged by the Chairperson, with adequate notice to all directors . Special meetings may be requested by any member of the Board. All Board meetings will be open as provided by Minnesota Open Meeting Law. 2. 24 Quorum A simple majority shall constitute a quorum, eg. three of five directors. 2. 25 Officers The Board shall elect the following officers from its members, with the term to be annual, elections to be held following annual appointments by the City Council. 2. 251 Chairperson: The responsibilities of the Chairperson shall include: a. Calling both membership meetings and Board meetings, and presiding over these meetings . b. Shall be responsible for coordinat- ing Board activities of the secre- tary, the treasurer, and chairpersons of standing committees. c. Shall be an authorized signatory for checks drawn on corporate accounts (two required) . • d. Shall, in cooperation with the treasurer prepare an annual budget • • to submit to the Board and the membership for approval. 2 . 252 Vice-Chairperson: The Vice-Chairperson shall, in the absence of disability of the Chairperson, exercise the powers and perform the duties of the Chairperson. He/she shall also generally assist the Chairperson and p exercise such other duties as shall be prescribed by the membership or Board of Directors . 2. 253 Secretary: The responsibilities of the Secretary shall include: a. Keeping all corporation records . b. Shall record minutes at both member- ship meetings and board meetings, and make these minutes available within ten working days of the meet- ing. Copies to be filed with the City Clerk at Shakopee City Hall. c. Keeping copies of all correspon- dence. d. Shall be an authorized signatory for checks drawn on corporate accounts (two required) . e. Preparing agendas for all meetings. f. Keeping ongoing record of board • member attendance and reasons for absences, preparing an annual report for the membership and reporting to the Board if any Director has three absences . g. Keeping records to verify that each Board member has attended at least one video or access workshop and participated in at least one produc- tion each calendar year. 2. 254 Treasurer: The responsibilities of the Treasurer shall include: a. Keeping records of all financial transactions. * b. Maintain the corporation ' s accounts. c. Promptly pay all bills authorized by the Board. d. Provide monthly, quarterly and year end financial reports, which are to -6 -, 1 . . include a copy of the most recent bank statement and to assist the Chairperson in preparing an annual budget. e. Shall maintain a voting membership list; of all non-subscriber members, provide receipts for payment of dues, and send invoices on dues payable to be mailed with the annual meeting notice at least two weeks prior to the annual meeting. f. Shall file all tax deposits and reports. g. Shall maintain all tax-exempt status papers. h. Shall be an authorized signatory for checks drawn by him on corporate accounts (two required) . 2. 26 Responsibilities 2. 261 Reports a. The Board of Directors is respon- sible for the timely preparation and submission of reports to outside organizations such as funding agencies, cable company, Cable Advisory Commission, City Council or any person or organization who has entered into a contract for specific services from the Corporation. b. All reports will be approved by a majority of the Board before being officially presented. 2. 262 Video Workshops and Programming The Board members shall be encouraged to attend at least one video and/or access workshop each year to enhance knowledge of the current needs of the corporation and must be involved in at least one production each year. 2. 263 Expenditures : The board of Directors is responsible for Corporation monies . / - a. Routine operating expenses can be authorized by a joint decision of the Chairperson and Treasurer. b. Any expenditure beyond those con- sidered routine operating expenses established in an annual budget must be determined by a majority vote of the Board of Directors, i.e. , pur- chase of equipment, raises in salary to paid employees, rental agree- ments, expenditures over one hundred ($100 . 00) dollars. c. Deficit spending will not be per- mitted. d. The fiscal year shall be from April 1st to March 31st of the following year. The Board shall prepare an annual budget and financial report to be submitted to the general mem- bership for approval at a special meeting pursuant to Section 2. 154 of the by-laws. 2. 264 Contract Authorization Contractual services provided by the Shakopee Community Access Corporation to other organizations can be authorized by a majority vote of the Board 2. 265 Program Standards The Board will maintain access programming which is consistent with community standards; any program considered by one director to have redeeming qualities shall not be censored. 2. 266 Attendance Any director absent from three Board meetings during a calendar year shall automatically be reviewed by the Board for a determination of the validity of the absences, and upon recommendation by a majority of the Board, replacement will be recommended to the City Council for those without valid reasons for absences . A written report showing each - p - Board members attendance shall be prepared by the secretary and provided to the City Council and the membership prior to the annual meeting. 2. 3 Committees 2. 31 Standing Committees The following standing committees shall be formed to assist the Board and members pursue the stated purposes of the corporation. Each committee will have a Chairperson appointed by the Board. It is the responsibility of the Chairperson to call, organize and conduct meetings. The committee will make recommendations to the Board and membership. There is no limit to the number of members. Each committee, if it wishes, may write by- laws governing that committee. These by-laws must be approved by the Corporation • membership. 2. 311 Programming Committee • The Programming Committee shall promote programming on the public access channel, develop programming guidelines, and assist in productions . 2. 312 Education Committee The Education Committee shall hold workshops to train individuals or groups on how to use video equipment, train individuals as instructors and maintain a file on all individuals trained by the • Corporation including information on classes taken, special skills and availability to serve on production crews. 2. 313 Membership/Publicity Committee The Membership/Publicity Committee shall maintain a list of current • dues paying members and promote membership in the corporation. 2. 314 Fund-Raising Committee The Fund-Raising Committee shall develop fund-raising campaigns, and develop grant proposals . It is the responsibility of the Board of Directors to make official grant proposals and presentations . 2. 32 Ad Hoc Committees The Board may organize any voluntary committees or councils deemed necessary to achieve the purpose of the corporation. II . Amending Procedures : If it becomes necessary to alter the Shakopee Community Access Corporation' s By-Laws, amendments or revisions shall be made by: 3. 1 Proposal of the change by any voting member or Board member at a meeting of the Board of Directors; and 3 . 2 Preliminary approval of the change by a majority of the Board members; and 3 . 3 Approval by the City Attorney as to form and, if a material change is proposed, Council approval must be secured. Council rejection of the amendment will terminate consideration of the amendment. Council approval will allow continued consideration; and • 3. 4 A confirming vote of two-thirds of the voting members present at either the annual membership meetings or a special membership meeting, of which all voting members have been adequately informed; and 3. 5 Submitting the amendment to the City Council for information. Dissolution: In the event that both the voting members, at a regular members meeting, and the Board of Directors, at a Board of Directors meeting, should each vote by a 2/3 majority to dissolve the corporation, or if the corporation is ordered dissolved by any due process, all unencumbered funds of the corporation will be prorated and returned to the granting authorities; unencumbered membership dues will be prorated and returned to the members. Coordinator: As funds permit, a Coordinator may be hired to facilitate the corporation goals . The coordinator would be selected by, directly responsible to, and advised by the Board of Directors . The Coordinator would be responsible for: 5 . 1 Coordinating, promoting and assisting in the develop- ment and cablecasting of local programming; -!(� • 5. 2 Assisting individual ' s and organizations in creating programs and using equipment; 5. 3 The use and maintenance of equipment owned or used by the corporation; 5. 4 Budgeting; administering, and reporting (as specified by the Board) on all funds allocated by the Board; 5. 5 Contracting with individuals and organizations for services as authorized by the Board; 5. 6 Managing the day-to-day affairs of the Shakopee Community Access Corporation; 5. 7 Actively interfacing with the broadest possible range or members of the community, institutions, organiza- tions, and officials; 5. 8 Assisting the City officials in producing their newsletter, programming the governmental access channel; and 5. 9 Recommending to the Board operating rules and changes . 5. 10 Making of routine expenditures under $100. APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, :STT 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 : 30 p.m. Community Development Commission 3rdWednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission. 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p..m. 2 to 3 .Tuesdays • in May Name :1 Y l C t-t h Address : l rgG 5 �1o f l oe J') 'r" I\U cam. Phone : (H) LILT 5c3y.. (B) 55Ii8 Cpee te,,,:Je:lt ` OV qC ttr�3*'S How long have you been a Shakopee Resident?-mc%!ea # 'c:(,cc-to t.)t) riR;s;; ago Occupation: tiuCC r►•'frrre nir Does your work require you to travel? (Check one) A great deal Periodically Very Little X Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use a .separate sheet if necessary)�n torr :+ ,r,, I'`tr4 ,f c-f .:,►;<5.,,,t c>c - Wi'Luci 116? tc ' eL (LYi 0Cr&`;5 Li Sr---Ci ilD C=ciLicti- a)cut st-t xi>ow,. S ikIst. U4 is t( cis (\or;;vnr;vit (2_i.vie.'.t i,t f4::r Board or Commission in which you are interested? CnJoN2 C'rr\lmi.x_ni <c,+,cn e-cnm15-:cn Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 2-Cv'+ X,2S f- 'd i t1 US Y':A CA 11P,_ CIPfc%5" ( rl ed WY- C 16.I ef1 iilk; i1i1'?C3 V ;U 1 CIh 7(21.15 c ��I'lCtK ,' eP Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes Nom_. If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . IV\ i I?e Peiiril X1434 401,-,tDC\ LI145-q3-11-1- 2 . g7i142 . Did( `)(lext 7_ S i-(5 iJ2.(»i ,) L J Lf 5 - 310 014- 3 . 3 . cur-9e \derson iD5 E-I-bInv 4' to I la34 . I hereby certify that the facts within the foregoing application are truean correct to the best of my knowledge.. 4 .1,d,„PC, 144,11, Signature • Date -fkEC.`v s RETURN APPLICATION AND PLEDGE TO: �� , 61986 City Clerk Q KO?e� City of Shakopee OF SNP` . 129 Holmes Street South - G‘ Shakopee, MN 55379 7c CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator titfk FROM: R. Michael Leek, Planner II SUBJECT: ADC Telecommunications, Inc., Request for Special City Council Meeting DATE: August 6, 1996 Introduction: Staff received the attached request for a special meeting on August 15th or 16th to accept the EAW for ADC Telecommunications' proposed new building, so that notice could be submitted in August for publication in the"EQB Monitor". Action Requested: A decision whether or not to schedule a special meeting to accept the EAW for publication. ADCEAW.DOC/RML 1 JUL.29.1996 11:45AM FACILITIES DEPT 257 NO.220 P.2/2 D PlIelecommudcatkIns ADC Telecommunications,Inc. FAX (812)946.3292 4900 West nth Street Telephone (612)8364080 Minneapolis,Minnesota 65435 City of Shakopee Attn.: R. Michael Leek, Planner 11 129 Holmes Street South Shakopee, Minnesota 55379 July 29, 1996 Dear Mr. Leek, I have met with Peter Willenbring of WSB &Associates regarding the mandatory Environmental Assessment Worksheet (EAW) that must be performed prior to any construction of our proposed manufacturing facility in the City of Shakopee. He has agreed to a stepped up schedule of performing an EAW and completing it by August 14, 1996. By meeting this schedule, the EAW would be able to be submitted to the Minnesota Environmental Quality Board (EQB) by their deadline of August 19th. Prior to the submittal to the EQB, the EAW must be approved by the RGU, which is the City of Shakopee with their city council meeting. I am requesting that a special meeting of the City council be convened on August 15th or 16th in order to review and approve the completed EAW in order to meet the State's submission date of August 19th. I do understand that the normally scheduled City Council meeting is on August 20. By waiting for this date, the overall EAW process schedule would be delayed an additional 2 weeks. Because of costs and delays associated with winter construction, these two weeks are desperately needed to meet an already tense construction schedule. Please respond to me to verify if a special meeting will be arranged in order to review and approve the EAW, I may be reached at 946-3967. Sincerely, Bernard J. We el Manager, Safety& Environmental Affairs CC: Peter Willenbring, WSB V. Paul Bilotta, Community Development Director I/O MEMORANDUM TO: The Mayor and Members of the City Council FROM: Karen Marty, City Attorney \tet DATE: July 10, 1996 RE: Tobacco License Violations BACKGROUND: On July 9, 1996, the City Council, acting as a committee of the whole and hearing board, conducted hearings regarding tobacco license violations by Canterbury Inn - Best Western, Rock Spring Supper Club, Main Event Sports Bar, Turtle' s Bar & Grill, Inc . , Arnie' s Bar, and Pullman Club. A report for each has been prepared setting forth findings of fact, conclusion, and a recommendation, based on that hearing and the discussion that followed. Resolutions have been prepared for each which incorporate the reports. The reports were hand-delivered to each business for their review on July 30, 1996 . They have had seven days to file exceptions to that report, and may present argument if they wish, or request additional time to respond at the City Council meeting of August 6, 1996 . Once a resolution is adopted with the provisions desired by the City Council, the resolution will be mailed to each party. Within 30 days an aggrieved party may appeal to the Court of Appeals . ALTERNATIVES : 1 . Adopt each Resolutions. 2 . Amend one or more of the Resolutions, then adopt them. 3 . Direct staff or the representative of a business to prepare a new draft resolution. 4 . Do not adopt the Resolutions. RECOMMENDATION: Move to adopt Resolution No. 4485, a Resolution imposing a penalty on Canterbury Inn - Best Western for tobacco violations. Move to adopt Resolution No. 4486, a Resolution imposing a penalty on Rock Spring Supper Club for tobacco violations. Move to adopt Resolution No. 4487, a Resolution imposing a penalty on Main Event Sports Bar for tobacco violations. Move to adopt Resolution No. 4488, a Resolution imposing a penalty on Turtle' s Bar & Grill, Inc. for tobacco violations . Move to adopt Resolution No. 4489, a Resolution imposing a penalty on Arnie' s Bar for tobacco violations. Move to adopt Resolution No. 4490, a Resolution imposing a penalty on Pullman Club for tobacco violations. [10MEMO] -2- CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator ploy) FROM: Judith S. Cox, City Clerk SUBJECT: Tobacco Hearing Reports - Update DATE: July 31, 1996 Although it was the City's intent to have the report of the hearing board out to the tobacco violators on July 15th, this was not accomplished. The reports were hand delivered to each party on July 30th. Each party was advised that they could request additional time to respond, if needed, at the August 6th City Council meeting. If there are no requests for additional time, City Council may proceed with adopting the reports as outlined in Ms. Marty's memo of July 10th. SAMPLE RESOLUTION NO. 4485 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY ON CANTERBURY INN - BEST WESTERN FOR TOBACCO VIOLATIONS. WHEREAS, on July 9, 1996, the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the tobacco ordinance by Canterbury Inn - Best Western (hereinafter "Canterbury Inn" ) ; and WHEREAS, the hearing board submitted its report and recommendation as to a penalty; and WHEREAS, this report was hand-delivered to Canterbury Inn on July 30, 1996, seven days ago, and they have been afforded an opportunity to file exceptions and present argument to the City Council or request additional time to respond; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board' s report, based on the July 9, 1996, hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Canterbury Inn violated City Code Sec. 6 .23 relating to tobacco, and is subject to penalty under that City Code section. That the City Council makes the following order: That a civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days . However, the suspension of the license shall be stayed for a period of six months, starting at 12 :01 a.m. tomorrow. If there are no further violations of City Code Sec. 6 .23 during this six-month period, then the suspension of the license shall be waived. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [10MEMO] In the Matter of the Consideration of Tobacco Violations at Canterbury Inn - Best Western Heard by the Shakopee City Council SYLLABUS On July 9, 1996, the matter came before the City Council, acting as a committee of the whole and hearing board, regarding violations of the tobacco laws by Canterbury Inn - Best Western (hereinafter "Canterbury Inn" ) . The violation was uncontested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council . FINDINGS OF FACT The City Council, acting as a committee of the whole and hearing board, considering the above matter, makes the following findings of fact : 1. On July 9, 1996, this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Jeff Henderson, Bob Sweeney, Jane DuBois, Clete Link, and Burl Zorn. The City was represented by Karen Marty; Canterbury Inn was represented by Debra Carey. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under City Code Sec. 6 . 23 . 3 . On February 23 , 1996, Canterbury Inn had a tobacco license issued by the City, and had a vending machine which sold cigarettes. On that date a person under the age of 18 purchased cigarettes from a vending machine in Canterbury Inn. is 4 . Establishments licensed to sell tobacco are not allowed to sell cigarettes to minors, and must monitor or control their vending machines so that minors cannot purchase cigarettes from them. 5 . Canterbury Inn has been charged with violating City Code Sec. 6 . 23, which provides in Subd. 8 .B that "The first violation of this section shall be punishable by a civil penalty of up to $200 and a suspension of the license for up to 10 days. " CONCLUSION Canterbury Inn violated the City Code relating to tobacco, and is subject to penalty under City Code Sec. 6 .23, Subd. 8 .B. RECOMMENDATION It is recommended that the maximum penalty for a violation be imposed as follows : A civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days . However, the suspension of the license shall be stayed for a period of six months. If there are no further violations of City Code Sec. 6 . 23 during the six-month period, then the suspension of the license shall be waived. [10MEMO] -2- � !o RESOLUTION NO. 4486 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY ON ROCK SPRING SUPPER CLUB FOR TOBACCO VIOLATIONS. WHEREAS, on July 9, 1996, the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the tobacco ordinance by Rock Spring Supper Club (hereinafter "Rock Spring") ; and WHEREAS, the hearing board submitted its report and LCllUlllliiClll.Lai..lUii ab LL) a rclali_Y Qiiu WHEREAS, this report was hand-delivered to Rock Spring on July 30, 1996, seven days ago, and they have been afforded an opportunity to file exceptions and present argument to the City Council or request additional time to respond; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board' s report, based on the July 9, 1996, hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Rock Spring violated City Code Sec. 6 .23 relating to tobacco, and is subject to penalty under that City Code section. That the City Council makes the following order: That a civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days . However, both the civil penalty and the suspension of the license shall be stayed for a period of six months, starting at 12 : 01 a.m. tomorrow, if Rock Spring turns in its tobacco license. If Rock Spring does not turn in its tobacco license, then only the suspension of the license shall be stayed. If there are no further violations of City Code Sec. 6 . 23 during the six-month period, then the stayed portion of the penalty shall be waived. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk r��lr1 V V Gu CAS l.v lviul. ...11..Y r1 l.LV1.11t.Y [10MEMO) -2- In the Matter of the Consideration of Tobacco Violations at Rock Spring Supper Club Heard by the Shakopee City Council SYLLABUS On July 9, 1996, the matter came before the City Council, acting as a committee of the whole and hearing board, regarding violations of the tobacco laws by Rock Spring Supper Club (hereinafter "Rock Spring") . The violation was uncontested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council . FINDINGS OF FACT The City Council, acting as a committee of the whole and hearing board, considering the above matter, makes the following findings of fact : 1 . On July 9, 1996, this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Jeff Henderson, Bob Sweeney, Jane DuBois, Clete Link, and Burl Zorn. The City was represented by Karen Marty; Rock Spring was represented by Lucille R. Rein. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under City Code Sec. 6 . 23 . 3 . On February 23, 1996, Rock Spring had a tobacco license issued by the City, and had a vending machine which sold cigarettes . On that date a person under the age of 18 purchased cigarettes from the vending machine in Rock Spring. 4 . Establishments licensed to sell tobacco are not allowed to sell cigarettes to minors, and must monitor or control their vending machines so that minors cannot purchase cigarettes from them. 5 . Rock Spring has been charged with violating City Code Sec. 6 . 23 , which provides in Subd. 8 .B that "The first violation of this section shall be punishable by a civil penalty of up to $200 and a suspension of the license for up to 10 days . " CONCLUSION Rock Spring violated the City Code relating to tobacco, and is subject to penalty under City Code Sec. 6 . 23 , Subd. 8 .B. RECOMMENDATION It is recommended that the maximum penalty for a violation be imposed as follows : A civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days . However, both the civil penalty and the suspension of the license shall be stayed for a period of six months if Rock Spring turns in its tobacco license. If Rock Spring does not turn in its tobacco license, then only the suspension of the license shall be stayed. If there are no further violations of City Code Sec. 6 .23 during the six-month period, then the stayed portion of the penalty shall be waived. [10 MEMO] -2- f-n 1 RESOLUTION NO. 4487 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY ON MAIN EVENT SPORTS BAR FOR TOBACCO VIOLATIONS. WHEREAS, on July 9, 1996, the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the tobacco ordinance by Main Event Sports Bar (hereinafter "Main Event") ; and WHEREAS, the hearing board submitted its report and recommendation as to a penalty; and WHEREAS, this report was hand-delivered to the Main Event Sports Bar on July 31, 1996, six days ago, and they have been ULlyiUCU ca 11 uppLiLuiiil.-Y .v i1.1c t+n�. N..iva.:. c......+ r.� - .+-•.•-to the the City Council or request additional time to respond; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board's report, based on the July 9, 1996, hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Main Event violated City Code Sec. 6.23 relating to tobacco, and is subject to penalty under that City Code section. That the City Council makes the following order: That a civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days. However, the suspension of the license shall be stayed for a period of six months, starting at 12 : 01 a.m. tomorrow. If there are no further violations of City Code Sec. 6. 23 during this six-month period, then the suspension of the license shall be waived. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ( 10MEMO] In the Matter of the Consideration of Tobacco Violations at Main Event Sports Bar Heard by the Shakopee City Council SYLLABUS On July 9, 1996, the matter came before the City Council, acting as a committee of the whole and hearing board, regarding violations of the tobacco laws by Main Event Sports Bar (hereinafter "Main Event") . The violation was uncontested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council . FINDINGS OF FACT The City Council, acting as a committee of the whole and hearing board, considering the above matter, makes the following findings of fact : 1. On July 9, 1996, this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Jeff Henderson, Bob Sweeney, Jane DuBois, Clete Link, and Burl Zorn. The City was represented by Karen Marty; Main Event was represented by Cindy Kerkow. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under City Code Sec. 6 .23 . 3 . On February 23 , 1996, Main Event had a tobacco license issued by the City, and had a vending machine which sold cigarettes . On that date a person under the age of 18 purchased cigarettes from the vending machine in Main Event . 4 . Establishments licensed to sell tobacco are not allowed to sell cigarettes to minors, and must monitor or control their vending machines so that minors cannot purchase cigarettes from them. 5 . Main Event has been charged with violating City Code Sec . 6 .23 , which provides in Subd. 8 .B that "The first violation of this section shall be punishable by a civil penalty of up to $200 and a suspension of the license for up to 10 days . " CONCLUSION Main Event violated the City Code relating to tobacco, and is subject to penalty under City Code Sec. 6 . 23 , Subd. 8 .B . RECOMMENDATION It is recommended that the maximum penalty for a violation be imposed as follows : A civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days. However, the suspension of the license shall be stayed for a period of six months . If there are no further violations of City Code Sec . 6 . 23 during the six-month period, then the suspension of the license shall be waived. [10 MEMO] -2- RESOLUTION NO. 4488 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY ON TURTLE'S BAR & GRILL, INC. FOR TOBACCO VIOLATIONS. WHEREAS, on July 9, 1996, the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the tobacco ordinance by Turtle's Bar & Grill, Inc. (hereinafter "Turtle's") ; and WHEREAS, the hearing board submitted its report and recommendation as to a penalty; and WHEREAS, this report was hand-delivered to Turtle's on July 31, 1996, six days ago, and they have been afforded an -F41 o nvrF+r,f i Oris aim 1-1 - nt arcYt]manfi fin th City Council or request additional time to respond; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board's report, based on the July 9, 1996, hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council' makes the following conclusion: That Turtle' s violated City Code Sec. 6.23 relating to tobacco, and is subject to penalty under that City Code section. That the City Council makes the following order: That a civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days. However, the suspension of the license shall be stayed for a period of six months, starting at 12 : 01 a.m. tomorrow. If there are no further violations of City Code Sec. 6. 23 during this six-month period, then the suspension of the license shall be waived. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney [10MEMO] In the Matter of the Consideration of Tobacco Violations at Turtle' s Bar & Grill, Inc. Heard by the Shakopee City Council SYLLABUS On July 9, 1996, the matter came before the City Council, acting as a committee of the whole and hearing board, regarding violations of the tobacco laws by Turtle' s Bar & Grill, Inc. (hereinafter "Turtle' s") . The violation was uncontested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council. FINDINGS OF FACT 111ci LILY LCJ U11C.11, dLL11ia L(. akaL LLec OL L11C Wii L)J Ci11U hearing board, considering the above matter, makes the following findings of fact : 1. On July 9, 1996, this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Jeff Henderson, Bob Sweeney, Jane DuBois, Clete Link, and Burl Zorn. The City was represented by Karen Marty; Turtle' s was represented by Gary Turtle. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under City Code Sec. 6 .23 . 3 . On February 23, 1996, Turtle' s had a tobacco license issued by the City, and had a vending machine which sold cigarettes . On that date a person under the age of 18 purchased cigarettes from the vending machine in Turtle' s. 4 . Establishments licensed to sell tobacco are not allowed to sell cigarettes to minors, and must monitor or control their vending machines so that minors cannot purchase cigarettes from them. 5 . Turtle' s has been charged with violating City Code Sec. 6 .23, which provides in Subd. 8 .B that "The first violation of this section shall be punishable by a civil penalty of up to $200 and a suspension of the license for up to 10 days . " CONCLUSION Turtle' s violated the City Code relating to tobacco, and is subject to penalty under City Code Sec. 6 .23 , Subd. 8 .B . RECOMMENDATION It is recommended that the maximum penalty for a violation be imposed as follows : A civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days. However, the suspension of the license shall be stayed for a period of six months . If there are no further violations of City Code Sec. 6 .23 during the six-month period, then the suspension of the license shall be waived. [10MEMO] -2- • RESOLUTION NO. 4489 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY ON ARNIE'S BAR FOR TOBACCO VIOLATIONS. WHEREAS, on July 9, 1996, the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the tobacco ordinance by Arnie' s Bar (hereinafter "Arnie's") ; and WHEREAS, the hearing board submitted its report and recommendation as to a penalty; and WHEREAS, this reportwas hand-delivered to Arnie ' s on July 31, 1996, six days ago, and they have been afforded an opportunity to file exceptions and present argument to the City Council or request additional time to respond; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board's report, based on the July 9, 1996, hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Arnie ' s violated City Code Sec. 6. 23 relating to tobacco, and is subject to penalty under that City Code section. That the City Council makes the following order: That a civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days. However, if controls are placed on the vending machine to require intervention by an employee prior to purchase of each packet of cigarettes from the vending machine, then the suspension of the license shall be stayed for a period of six months, starting at 12 : 01 a.m. tomorrow. If there are no further violations of City Code Sec. 6. 23 during this six-month period, then the suspension of the license shall be waived. If the controls have not been placed on the vending machine by August 6, 1996, then the suspension shall begin at 3 : 00 a.m. on Friday, August 9 (in order to give City staff time to serve notice of this order and to give Arnie' s time to make arrangements to comply) , and continue until 3 : 00 a.m. on Monday, August 19 . � Y Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney [10MEMO] -2- In the Matter of the Consideration of Tobacco Violations at Arnie' s Bar Heard by the Shakopee City Council SYLLABUS On July 9, 1996, the matter came before the City Council, acting as a committee of the whole and hearing board, regarding violations of the tobacco laws by Arnie' s Bar (hereinafter "Arnie' s") . The violation was uncontested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council . FINDINGS OF FACT i.1� :..11.Y �.l uiL�l.i , a`�..iily cz5 u l:UR LL.it.�.cc L:� �.1i` 4v1iv1 a1iU hearing board, considering the above matter, makes the following findings of fact : 1 . On July 9, 1996, this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Jeff Henderson, Bob Sweeney, Jane DuBois, Clete Link, and Burl Zorn. The City was represented by Karen Marty; Arnie' s was represented by Kurt Zarth. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under City Code Sec. 6 .23 . 3 . On February 23 , 1996, Arnie' s had a tobacco license issued by the City, and had a vending machine which sold cigarettes . On that date a person under the age of 18 purchased cigarettes from the vending machine in Arnie' s . 4 . Establishments licensed to sell tobacco are not allowed to sell cigarettes to minors, and must monitor or control their vending machines so that minors cannot purchase cigarettes from them. 5 . Arnie' s has been charged with violating City Code Sec. 6 .23 , which provides in Subd. 8 .B that "The first violation of this section shall be punishable by a civil penalty of up to $200 and a suspension of the license for up to 10 days . " CONCLUSION Arnie' s violated the City Code relating to tobacco, and is subject to penalty under City Code Sec. 6 . 23 , Subd. 8 .B. RECOMMENDATION It is recommended that the maximum penalty for a violation be imposed as follows : A civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days . However, if the controls are placed on the vending machine to require intervention by an employee prior to purchase of each packet of cigarettes from the vending machine, then the suspension of the license shall be stayed for a period of six months. If there are no further violations of City Code Sec. 6 .23 during the six-month period, then the suspension of the license shall be waived. If the controls have not been placed on the vending machine by August 6, 1996, then the suspension shall begin at 3 : 00 a.m. on Friday, August 9 (in order to give City staff time to serve notice of this order and to give Arnie' s time to make arrangements to comply) , and continue until 3 : 00 a.m. on Monday, August 19 . [10MEMO] -2- • RESOLUTION NO. 4490 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, IMPOSING A PENALTY ON PULLMAN CLUB FOR TOBACCO VIOLATIONS. WHEREAS, on July 9, 1996, the City Council, acting as a committee of the whole and hearing board, heard the facts and presentations relating to violation of the tobacco ordinance by Pullman Club; and WHEREAS, the hearing board submitted its report and recommendation as to a penalty; and WHEREAS, this report was hand-delivered to the Pullman Club on July 31, 1996, six days ago, and they have been afforded an opportunity to til exceptions anu p esenL aryument to -ciie Lii.y Council or request additional time to respond; and WHEREAS, the City Council is now prepared to render its written decision and order, based on the record, including the report, any exceptions, and arguments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council hereby adopts the findings of fact made in the hearing board' s report, based on the July 9, 1996, hearing, in their entirety. A copy of this report is attached hereto and by reference incorporated herein. That the City Council makes the following conclusion: That Pullman Club violated City Code Sec. 6.23 relating to tobacco, and is subject to penalty under that City Code section. That the City Council makes the following order: That a civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days. The suspension shall begin at 3 : 00 a.m. on Friday, August 9 (in order to give City staff time to serve notice of this order and to give Pullman Club time to make arrangements to comply) , and continue until 3 : 00 a.m. on Monday, August 19 . Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney [ 10MEMO] In the Matter of the Consideration of Tobacco Violations at Pullman Club Heard by the Shakopee City Council SYLLABUS On July 9, 1996, the matter came before the City Council, acting as a committee of the whole and hearing board, regarding violations of the tobacco laws by Pullman Club. The violation was uncontested, and the hearing board is now submitting its findings of fact, conclusion, and recommendation to the City Council . FINDINGS OF FACT The City Council, acting as a committee of the whole and hearing board, considering the above matter, makes the following findings of fact : 1 . On July 9, 1996, this matter was presented to the City Council, acting as a committee of the whole and hearing board. Members present were Jeff Henderson, Bob Sweeney, Jane DuBois, Clete Link, and Burl Zorn. The City was represented by Karen Marty; Pullman Club was unrepresented. 2 . The City Council, acting as a hearing board, has jurisdiction to hear this matter under City Code Sec. 6 .23 . 3 . On February 23, 1996, Pullman Club had a tobacco license issued by the City, and had a vending machine which sold cigarettes . On that date a person under the age of 18 purchased cigarettes from the vending machine in Pullman Club. 4 . Establishments licensed to sell tobacco are not allowed to sell cigarettes to minors, and must monitor or control their vending machines so that minors cannot purchase cigarettes from them. 5 . Pullman Club has been charged with violating City Code Sec. 6 . 23, which provides in Subd. 8 .B that "The first violation of this section shall be punishable by a civil penalty of up to $200 and a suspension of the license for up to 10 days . " CONCLUSION Pullman Club violated the City Code relating to tobacco, and is subject to penalty under City Code Sec. 6 . 23 , Subd. 8 .B . RECOMMENDATION It is recommended that the maximum penalty for a violation be imposed as follows: A civil penalty of $200 shall be imposed, and the tobacco license suspended for a period of 10 days . (10MEMO] -2 1/ . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Paul Bilotta, Community Development Director • SUBJECT: Excelsior-Henderson Negotiations DATE: August 6, 1996 Introduction The City Council is being asked to provide authorization to staff to negotiate an agreement with Excelsior - Henderson Motorcycles based on a financing concept that is outside of the City's usual practice. Background Excelsior - Henderson Motorcycles has been involved in a multi-state locational search and Shakopee has emerged as one of the top choices for the location of the company's world headquarters facility. At its July 24, 1996 meeting, the Economic Development Authority was asked by staff whether or not it could support a financing concept that would involve City ownership of a manufacturing building for Excelsior-Henderson. Discussion As a start up business, Excelsior-Henderson does not have ready access to some of the more inexpensive sources of finds that a more established business would. For this reason, one of the critical elements in its locational decisionmaking process has been to attempt to reduce its expenditure of available funds by limiting the amount spent on"big ticket" capital items(capital equipment and land/buildings) so that the cash raised from investors can be spent on research and development, start up costs, and initial operations. Excelsior-Henderson has approached the City to determine whether the City is willing to enter into a relationship that could assist the company with this problem. In a unanimous vote, the Economic Development Authority indicated its support for negotiations to proceed around a financing concept that could be structured as follows: i0 Draft Financing Concept Approximate Building and Land Cost: $7.7 million Financing Structure: Taxable General Obligation TIF Revenue Bonds Source of funds for debt service: Tax increment and company lease payments Lease payments: a. Principal+cost of issuance b. Bond rate interest+risk premium(2-4%) c. Term 20 years Risk Management Since the City would be placing itself in the position of"landlord" for Excelsior-Henderson, a critical piece of the negotiations, if authorized, would be the establishment of a suitable risk management strategy. Staff anticipates that this part of the negotiations would be extensive and attempt to minimize the City's risks created by both the company and the real estate. Some of the elements that could be a part of this strategy would be the following: 1. Rent deposit 2. Company funding of specialized leasehold improvements 3. An"As-Built" appraisal 4. Assurance that the company will receive funding from various sources 5. Minimum assessment guarantees 6. City approval of building design for resale purposes 7. Life insurance on key company personnel 8. Other items as identified in the negotiation process Other Issues • If City staff is authorized to negotiate with Excelsior-Henderson on the financing concept identified above,this does not guarantee that the company will locate in Shakopee, nor does it limit the City Council's ability to decide, as more details unfold,that it does not want to enter into an agreement with the company. Any draft agreement negotiated by staff will need to come back to the City Council and/or EDA for approval. • Excelsior-Henderson is currently working with several cities as possible sites. The company states that this is because the aggressive schedule of its business plan does not provide the flexibility to start the site location process anew if negotiations break down. The company has repeatedly stated that it is not trying to get cities into a bidding war (unlike most other economic development prospects). Staff's experience with the company has been consistent with this statement, particularly as evidenced by the company's willingness to consider the above, low-or no-subsidized concept. • The City's financial advisor states that there could be concern on the impact of this potential bond sale on the City's credit rating. The City is currently at $900.00 per capita for G.O. Debt. The Excelsior-Henderson bond sale would increase that to $1500.00 per capita. • Although the financing concept outlined above has a 20 year time horizon, staff's intent, if authorized, would be to negotiate an agreement that would allow the company to purchase the land and building from the City at an earlier date without penalty. The reason for this is that if the company is successful, it will quickly get access to funds that are cheaper than what the City would propose(due to the risk premium)and would therefore have an incentive to purchase the land and building. At the time the land and the building are purchased,the City's risk should come to an end. Possible Financial Benefits to the City • Since the site would be put into a TIF district,the City would capture tax increment. • The excess lease payments will generate additional revenue for the City that is not subject to the TIF restrictions. Alternatives 1. Authorize staff to negotiate with Excelsior-Henderson based on the financing concept outlined above. 2. Modify the financing concept and authorize staff to negotiate based on the modified financing concept. 3. Direct staff to break off negotiations with Excelsior-Henderson. 4. Table the decision and request additional information from staff or the company. Economic Development Authority Recommendation At its July 24, 1996 meeting, the Economic Development Authority recommended approval of the financing concept. Action Requested Offer a motion to authorize staff to negotiate with Excelsior - Henderson based on the financing concept as outlined in the staff memo with the intent of returning to the City Council with a draft letter of understanding, predevelopment agreement or other similar document. Paul Bilotta Community Development Director i:\commdev\cc\1996\cc0806\xhend.doc 11 . 85 E.SEVENTH PLACE SUITE 100 SAINT PAUL,MN 55101-2143 // 612-223-3000 FAX:612-223-3002 SPRINGSTED August 2, 1996 Public Finance Advisors Mr. Mark McNeill, Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: General Obligation Bonding for Excelsior-Henderson Project Credit Rating Impact Dear Mr. McNeill: The extension of the City's general obligation credit support for the approximately $8,000,000 debt financing of this project will have a negative impact on the City's general obligation credit rating of"A" by Moody's Investors Service. While we do not believe the negative impact will be to the extent that the City's' rating will be downgraded, the definitive answer will not be known until Moody's formally reviews the complete financing package. The potential negative impact takes two forms. First, the City is proposing extending its general obligation backing to a project which is non-governmental in nature and principally is used for a private party. Moody's will question why this is now occurring and is this a trend the City will be pursuing. Second, this financing will significantly increase the City's general obligation debt burden. One indicator commonly used is the total general obligation debt per capita. Currently, this ratio is at $900 per capita. The addition of an $8,000,000 issue will increase this ratio to $1,500 per capita. We believe there are other positive trends within the City to offset the potential impacts of this issue. However, the City can expect a detailed questioning by Moody's of this financing and other events in the City. We recommend the City prepare a comprehensive credit rating review package should this financing proceed. We are available to discuss with you any questions or concerns. Respectfully, yt ,, I ,G,20 L /09 Davi N. MacGillivray Principal Director of Project Management /dmf SAINT PAUL,MN • MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS • WASHINGTON,DC • IOWA CITY,IA 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2143 612-223-3000 FAX:612-223-3002 SPRINGSTED Public Finance Advisors MEMORANDUM TO: Mark McNeill, City Administrator FROM: David MacGillivray, Gary Fields DATE: August 2, 1996 SUBJECT: Excelsior Henderson TIF Financing Listed below are the basic terms and structure of the proposed financing for the Excelsior Henderson Motorcycle Company (the "Company") world headquarters. We believe the Company is in basic agreement with all of these items. Our plan is to present this structure to the City Council next Tuesday, August 6. We need their authorization to prepare a definitive agreement with the City and the Company that would be brought back for Council action on August 20. We have included financial schedules that show how a City reserve could be built with a 2 and 4% risk premium. Type of Bonds General Obligation Tax Increment Revenue Bonds Principal $8,200,000, including costs of issuance and capitalized interest. Issuer City of Shakopee or Shakopee EDA Owner Shakopee EDA Term 21 years Credit Rating Impact Potentially adverse impact will be mitigated by the following positive factors: 1. Debt issue is amply self supporting from TIF revenues and lease payments. 2. Increased employment and economic activity resulting from project. 3. Continuation of existing positive credit rating factors (large commercial/industrial base and satisfactory financial operation of City). City of Shakopee August 2, 1996 Page 2 Average Annual Debt Service $839,331 Average Annual Rent $950,054 - $1,084,072 Average Tax Increment Revenue $348,158 for nine years Property Value Adequate value confirmed by appraisal prior to Bond Sale Risk Management Provisions Lease payment is 2-4% above bond rate. 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A , 1 Saloon No. 10 the building reaches 63 feet, proval. • . • li al.'-"U 4S' , ' 11 et ing 1.-I 4 . , - . . • - -•-, ..• • • " . 7, . Excelsior . „.. 4 t . _„! '.-.i 41'r)-;:: : IV •-, , - - *:.-:* '..,t , ,b,4,;;,,,:,.„. .{1 .. .: "r" rC'' 'n. . ••,..•-':-...; '7,4 T, * 1-;:ittOili -;--„jr,::.,.",...;,;-.1401 • ,t2',, , - .,,",' - 4 (3i 1 Ili* S fi-Eilr:te t 5 0 P. ,15',,,,ei,tts:'e•A ' 8-- °?- . r ''' •,,, - , ''''. - ' - 1.. .‘- NA*- ti(krg.-MiY ~'-',4,Alietl:Pit ,--4.--- ‘---.:1 P 1 , ,,,,,,-........:- ...,,.. .... , . •',WW,. , s ''',;0 - ' . '..;"-. . 7.'-,X!eckij%. t r. -,t1- S.41' **I. ' ' • - 4 • i-• .4t 1,•,' •••:....-7.". ,4•11,-°1-,;,' ,. -t--;,,-'44.14-4 4 as -e_r ,..,:,..rt - - -4 , .- , ,kr,.-3-:-.4,.,' - ---;''":4`.'1-T. -Pb- -3- .':-..ilif,;-• . - -- , "0- -.i - = . ," ",. j4,o, , „. -•+VI''",,t ''1,444- = - ' - By Dan Daly ----,,;, r.„ - ilJournal Staff Writer i e t 1 i , . 'r " ;'''' on r*Sl'URbIS:L/PAmid miiiiIiiiiP. rths,Excelsioeii: •• ° -- . - ti, IP, :.• _ _ - - ,- and to Hendersonimotorcycle was neboorMondny in Sturgis. „*. . • . •ler t,...- 1,., one -,,Dan and Dave'Hanlon;the Minnesota brothers who- ,,,; , , ,, I ;ble ;-.4stirted a nevi•mainufacturing co•mpany based on the old_ ; . / e- ,-,.-...• _ ek,_;s,,,,,,,,,,,w...--,-.. . / NN. ,s''''"` • --'- ' Excelsior Henderson motorcycle design, unveiled- its \ i .,.s 4..... \ tfirstprototyPe,Monday morning *under a tent in the ,.,.... •. . I, , ,,..\ - Days Inn Packing lot. (The new bikes will be on display , • ' i t there all Week)' ' _ , -...,- -: ..-. '..., ', The brothers hope to begin commercial production of „ .-. : "- f the first model; the Excelsior-Henderson Super X, in • • i mid-1998. ''-• Iri - ' ' ' _ In' •If they pull it off, this Will be the first successful " ' I steel launch of an American-made motorcycle-of this cen- t , , -nary.'It will'itlso be the next step in the revival of the American motorcycle industry, a surge that has been led by Harley-Davidson. • • - ,• . , ,,,, h '''You are going to witness a roar that will be heard 1 - a the around the world,"said Dave Hanlon as he fired up the , , = :•'‘-big motorcycle. ,... • i • t i 'Y Journal photo by Don Polovieli.• I i * • "We're not doing this for the glory. We're doing this for Dave Hanlon, left, and Dan Hanlon _ was Old Glory..."Dan Hanlon told the crowd Monday morning. pose for photographers in Sturgis ar The event drew a big crowd of reporters, photogra- I Monday morning during the unveiling phers, film crews, industry people and several of the int • Hanlons' relatives. It opened with the Lee Greenwood of the Excelsior-Henderson Super X te.It song "God Bless the USA" on the loudspeakers. Sew- motorcycle. . and eral family members, including the brothers, became '"My teary-eyed.They were saved by a blown electrical fuse, The new company is based in Minneapolis:The Ha_ . - - . 1-which cut short the song. •-idons,will announce Aug 21 where its manufacturing 4 . ..- ' a .?-14,,Dasi..auid Dave didn't do it, the people who Were piens will"i be built.The list. has been narrowed,to sites with us did it,".added Dave Hanlon, who became in Minnesota and Ohio. -- -,, , red dioked up and had to pause. • V The plant will employ 150 to 175 people in its first -- - and * The new bike - there were four prototypes on dis- year and 450 to 500 in its fourth year,he said.. ; .play in the Excelsior-Henderson tent-is long and low "We need to walk before we run,"Dave Hanlon said. I I - ether with a front fork that pokes through•the big front By mid-1998,when the first Super X models roll off the ally fender,much like the 1929 Super X.But with a 65-inch assembly line,more models will be into the design stages, are wheelbase and a big 1,386-cc engine, this model has said Allan C.Hurd,vice president of manufacturing. .Mo. been fed growth hormones. _ Huai,a British engineer formerly with Triumph Motorcyles l i al into The Excelsior-Henderson name dates back to 1873. ltd. in Great Britian, said the new company plans to build ir Henry Ford and Charles Lindbergh were among its devo- 4,000 bikes in its first year and 15,000 in the fifth year. Ts tees. In 1917, the company was purchased by bicyde But judging by the traffic Monday afternoon at the f men maker Schwina Early in the Great Depression, Schwinn Excelsior-Henderson tent, there is a great deal of interest singers decided to concentrate on bicycles and in 1931 he shut in the new American motorcycle. , IP in down production of the Excelsior-Henderson. • The tent was mobbed by bikers Monday afternoon, and Sturgis was an appropriate place to unveil the new traffic on nearby Highway 14A was backed up for blocks. motorcycle.Dan Hanlon said that is where in 1993 he and Several people inside the tent expressed frustration with show at his brother-over a few beers - came up with their idea long waits and high prices for Harley-Davidson,which for it along that became Excelsior-Henderson Motorcycle Co. years has been the only show in town for American bikes. od 1--- • • - . - • • . , • _ 1 6- - 11J CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator ilk( FROM: Paul Bilotta, Community Development Director SUBJECT: Joint Powers Agreement with the Scott County Housing and Redevelopment Authority-Blocks 3 and 4 DATE: August 6, 1996 Introduction The Scott County HRA has been working with the Economic Development Authority and staff on the redevelopment of Blocks 3 and 4. Discussion The Scott County HRA has agreed, in concept, to become the developer of Blocks 3 and 4. At this time, the City is being asked to enter into a Joint Powers Agreement so that the HRA may go further in its development process. At its July 24, 1996 meeting, the EDA approved Resolution No. 96-7, approving the execution and delivery of a Joint Powers Agreement with the Scott County HRA. The July 24 memo is attached for your reference. The resolution that created the EDA places limits on its authority. The EDA must obtain approval from the City Council for any development or redevelopment plan and can not exercise any powers without the prior approval of the City Council. For this reason, the Joint Powers Agreement is before the City Council since it will initiate the creation of a redevelopment plan and is the exercising of a power, not previously approved by the City Council. The EDA resolution of approval includes language that allows for minor modifications of the agreement without returning to the EDA for reapproval (allowing the City Council or the City Attorney to make minor modifications). Alternatives 1. Authorize the officers of the Economic Development Authority to execute the Joint Powers Agreement with the Scott County HRA, subject to the City Attorney's approval. 2. Modify the Joint Powers Agreement and authorize the officers of the the Economic Development Authority to execute the Joint Powers Agreement with the Scott County HRA, subject to the City Attorney's approval. 3. Modify the Joint Powers Agreement and refer back to the EDA due to substantive changes. 4. Do not authorize the execution of the Joint Powers Agreement. 5. Table the decision and request additional information from staff. Economic Development Authority Recommendation At its July 24, 1996 meeting, the Economic Development Authority approved the execution of the Joint Powers Agreement(vote: 5-2). Action Requested Offer a motion to authorize the officers of the the Economic Development Authority to execute the Joint Powers Agreement with the Scott County HRA, subject to the City Attorney's approval. Paul Bilotta Community Development Director i:\commdev\cc\1996\cc0806\block34.doc MEMO TO: Shakopee Economic Development Authority FROM: V. Paul Bilotta,Community Development Director MEETING DATE: July 24, 1996 RE: Joint Powers Agreement INTRODUCTION: At the July 10, 1996 meeting of the EDA, staff was given the authority to negotiate a Joint Powers Agreement with the Scott County Housing and Redevelopment Authority. This draft agreement is attached. DISCUSSION: The attached draft Joint Powers Agreement has the following major components: • The uses contained in the project will be limited to elderly rental housing and commercial/retail space. • The Economic Development Authority will have the final approval of exterior elements of the project(building facade,location,landscaping,etc.). • The EDA will provide the site to the HRA fully cleared. • The HRA will finance the construction, operation, maintenance, repair and replacement of the facility. • Excess revenues generated by the HRA,if any,will be used within the City limits of Shakopee. • Other cost/fmancing issues can be addressed through future agreements as they arise. (For a project such as this, there will likely need to be further agreements as details become more specific and the project progresses.) One very important aspect of this project is the creation of a Design Committee. The draft agreement proposes that the Committee be made up of one representative from the EDA, the HRA, City staff, HRA staff and the Downtown Council. Each authority will appoint its own representatives and the Downtown Council representative will be jointly agreed upon by the four members of the Committee. ALTERNATIVES: 1. Approve the Joint Powers Agreement as proposed. 2. Modify the agreement,and approve the agreement,as modified. 3. Table the issue and request additional information from staff. 4. Direct staff to discontinue negotiations with the HRA. Staff Recommendation: Staff recommends that the Economic Development Authority approve the Joint Powers Agreement as proposed. Action Requested: Offer a motion to approve Resolution No. 96-7 approving the execution and delivery of a Joint Powers Agreement with the Scott County Housing and Redevelopment Authority Relating to the Redevelopment of Blocks 3 and 4 in Downtown Shakopee. 8-01-1996 1 : 16PM FROM SCOTT COUNTY HRA 612 447 8865 P. 2 • iI. 1 L 11'. LAW OFFICE8 LEONARD, STREET AND DEINARD • PROIESSIONAL ASSOCIATION .HAROLD O.FIELD..01. JOSEPH H.FINLEY OESRA 0.STREMLOW TWA)J.COLLINS ALLEN I.SACKS LAYAENCC J.FIELD WILLIAM N.COTLICS ELIZA8ETM A.CUNNING I' THOMAS D.1EINBERa OAyID W.NCLLCY SUITE 2300 JTEVCN J.RINDOIG TORO A.NOTtROOM iI' NoINNS N.SNERMAN MARK s.WW2 M.KRiZ KATHRYN A.NtCAYKY rI GEORGE REILLY ROSER?J-NUNER 1 SO SOUT• H I IFTH STREET LWENDYOREN A.SR./ERVEN GREGORY R.FI ZNAROI 5 CNMlES K.DAYTON DAVID KANTOR LOREN A.unIERBENER PAUL A VANDER VORi STLIM[N R.PFLAUM JOAN M.SHEBANG TPEN HOERT N.TORDERSON ROBERT L.STRIKER �I, CNARLCS A.NAYS AARSARA L.PO*Yw000 M I N N EAPOI l S, M i N N E50TA 55402 THOMAS J.CONLP' TIMOTHY P.GLYNN { IOwEK J.NOttSOOM ANGELA N.CNRIin JAMES r,',mow VALERIE G.OLATNIK'IG(L 0(0501 F.MCGUNNIGtE NARK A.LOH:WREN TELEPHONE (e'12) 335-+500 JAMES J.KANASEATEOA RACHEL E.JOHNSON I.I RICHARD 0.PEPIN.JR. NARIANA R.SMULSTAD JANN M.EICMLCRSMITM OYNON S.SYMMS MACS.v.SYORYE FACSIMILE(6I2)335-ISIS? ANDREW P,1E1 - • STEVEN N.MAIN DOUGLAS O.GRCENSWAO I.DANIEL COLYON JOAN N,MERMAN ELLEN G.SAN/MON NICOLE A.ENO18CN OEOROE IL LODNARD+VT;-lOW STEVEN Q. RU DCYTER JOHN T.AOOLRTO • TAMNIE S.PUMA0E0101 L.N.STREET gOTT.IM•' JAMES R-OORSLY ROSANNE NATAANSON MICNA l J.wVRYCR BENEDICT OEINARO 1,555.30(0' 1I STEPHEN J.OAVIDSON MICNACL 0.TAYLOR SUITE 2270 .1rrRCY E.GRILL AMOS S.O[INMDtNIN 1PN1 PAARwRA POOLUCKr RCRt Ni 11. STEPHEN R.LETMAN JOAN W.OCTBINOEREOWMD.H.MOERSFELOER TRONAS►-SANDERS KEITH S.MONE5AN RODENT LEWISSARROWS ROSCRYZEALOVITeH MINNESOTA WORLD TRADE CENTER ALAN W.VAN 061.1.1,4I�I RICHARD 1.W00tNER TIMOTHY w11.61. JANE F.000FREY li. DANIEL J.NCINERNCY,JR. GREGG J.CAVANAGN 30 EAST SEVENTH STREET ERIC h.OALATZ SIDNEY LORSER HUGH N.MAYNARD SUSAN N.ROSIN(R OWISMY A.LARAON SIDNEY BARROWS I. ' PRCOERCK w.NOPPIS ORADLEY J.GUNN RDSANNE 3AtuttI 1RENE SCOTT JOAN C.KVENN SLAKE SHEPARD.JR, ST. PAUL, MiNNESQTA $5101 DANIEL L.PALNOVIST MICHELLE A.MILLER 1. BRADLEY J.CHUAN NANCt A.WILTGEN CATMERIN(A.NLENROC RANO G.AARATTI MICHAEL A.h[AICA WIUTAN L.ONLINE TELEPHONE (535)552-7455 KATHLEEN A.ROSERGE JOMM E.KIND Mcoas•I. OI MARINA C.*RANO j1 13(N L.ONLINE #i: pAVID M.Nwvnt9 MARC O.RIMPSON FACSIMILE 1612)222.7644 DANIEL OBERDORFER JwNEf V.POT* SHAUN G NY,ELNATTon JEFFREY A.CYRES �I. RICHARD N,MARYiN ROOYH HANSEN JAMES J,SERTRwNO PATRICK M.O 6RItn GAROLYN V.WOLSKi SVSAM E.FAUv[R ROSCMT L.OCMAT STEVEN R.LINGEMAMN STEVEN P.ZASEL *HULA M.SONMANN WILLIAM M.KOCH 1996 0AVIO R.CROSBY 11 Jl TIMOTH1 .*ASSY RONALD SenuLTZ July 29, JAMES A.FRET ROBERT P.TAAYIS E'L1' G.LUGER JEANNE M.COCHRAN I JAMES 0.RULLARO JERRY S.POOKOPACE MICHAEL A.G.KORENGOLD il„ WRITER'S DIRECT DIAL NUMBER r I (612)335-1594 ' Bill Jaffa,Executive Director 1j. Scott County Housing and Redevelopment Authority 4!, 16049 S.E.Franklin Trail SC-HRA Suite 104 Prior Lake,MN 55372 JUL 3 0 1006 I I: Re: Joint Powers Agreement I; Dear Mr.Jaffa: • !Ii.. ,I 11•1 Enclosed is the Joint Powers Agreement that you requested which includes the one change that was required after the EDA meeting last Wednesday. If you have any questions or comments regarding this iii matter,please do not hesitate to call. I;. F: Very truly yours, •,!• 1 p LEONARD,STREET AND DEINAR.D II I • Bax .Po ood - iF i BY /". ------— I. I,I 'iI ft l I I Ir t 436507.1 d41 8-01-1996 1 : 17PM FROM SCOTT COUNTY HRA 612 447 8866 P. 3 6t, I JOINT POWERS AGREEMENT £'I FOR A REDEVELOPMENT PROJECT THIS JOINT POWERS AGREEMENT(the "Agreement")has been entered into as of the 1st day of , 1996, by and between the Scott County Housing and Redevelopment Authority,a public body corporate and politic and a political subdivision of the state of Minnesota (the "Scott County Authority"), and the City of Shakopee Economic Development Authority, a public body corporate and politic and a political subdivision of the state of Minnesota (the "Shakopee Authority" and, together with the Scott County Authority,the "Authorities"), pursuant to Minnesota Statutes,Section 471.59 and Chapter 469. 1. .,;01 • •4• . ,• • • • C. • c ,•.There is a need within the City of Shakopee to redevelop that certain property described in Exhibit A attached hereto (the "Redevelopment Property"), by acquiring and demolishing existing buildings and redeveloping such property. It is anticipated that such redevelopment will include the acquisition and construction of multifamily rental housing for elderly moderate income individuals and certain commercial or retail space(the"Project"). The powers to be exercised jointly under this Agreement are those common or substantially similar powers conferred upon the Scott County Authority as a county housing and redevelopment authority and upon the Shakopee Authority as an economic development authority, pursuant to Minnesota Statutes, Chapter 469, to undertake redevelopment projects and housing development projects. 2. Method of Achieving Purpose: Manner of Exercising Power. The powers to be jointly exercised by the Authorities hereunder in general shall be exercised by the Scott County Authority,provided however,that: f i (a) there shall be submitted to the Shakopee Authority for approval(I)any Redevelopment Plan or Housing Development Plan adopted by the Scott County Authority, and (II) the final site li plan and exterior design for the Project;and (b) decisions with respect to the design of the Project shall be subject to the approval of the "Design Committee"described below. The Project shall be owned, managed and operated by the Scott County Authority. The development and redevelopment of the Project shall be managed, administered and undertaken by the Scott County Authority. The Scott County Authority shall adhere to applicable municipal building codes in connection with the construction of the Project. Jan[Powers Abrceutu6t pl142(949 "ri ;r • S''I 8-01-1996 1 17P FROM SCOTT COUNTY HRA 612 447 8868 P. 3. ,Source and Contribution of Funds. Except as otherwise agreed by the parties hereto, the source of funds for the development and redevelopment of the Project and any other joint exercise of powers undertaken by the Authorities pursuant to this Agreement shall be: (a)as to the market study,equal amounts to be contributed by each of the Authorities; • (b)as to the acquisition of the Redevelopment Property,amounts provided by the Shakopee EDA; (c)as to other expenses incurred in connection with the development of the Redevelopment ## Property and the acquisition and construction of the Project, the proceeds of any bonds issued by the Scott County Authority to finance all or any portion of the development or redevelopment of the Project; and any other sources from time to time pledged by either of the parties hereto; (d) as to the operation, maintenance, repair and replacement of the Project from time to time,revenues generated by the Project and any other amounts from time to time pledged by either of the parties hereto;and (e)as to any of the foregoing costs,other sources from time to time identified by the parties hereto. Notwithstanding the foregoing, nothing herein shall obligate either of the Authorities to contribute other moneys with respect to the redevelopment of the Project. 4. Budget and Disbursements. The Authorities shall develop budgets for the joint exercise of powers hereunder relating to the development of the Project. The Scott County Authority shall develop ongoing annual budgets relating to the operation and maintenance of the Project. Moneys and funds shall be held, applied,disbursed, and accounted for in such manner as provided in any bond or other financing documents, or otherwise as the Scott County Authority may determine to be appropriate. Any surplus funds received or generated hereunder shall be the property of the Scott County Authority and shall be used by the Scott County Authority to promote developmentCity Shakopee, except as otherwise housingor commercial activities within the of expressly agreed in writing by the parties hereto. 5. Liability for Debts and Obligations.Neither of the Authorities shall have the power hereunder to do any act or thing the effect of which is to create a charge on or lien against the property or revenues of the other Authority. 6. Tema of Agreement:Teen. This Agreement shall remain in effect during the term of any financing or refinancing issued by either of the Authorities for the benefit of the Project pursuant to this Agreement. km'Powers Agreme t f 1420999 2 8-01-1996 1 : 18PM FROM SCOTT COUNTY HRA 612 447 8865 P.5 qa I; II Irt Edi 7. Distribution of Assets Upon Termination. Upon termination of this Agreement,any i1„ property acquired as the result of this Agreement and any surplus moneys shall be and remain the property of the Scott County Authority to be used by the Authority for housing or commercial 'i development activities within Shakopee,except to the extent otherwise expressly agreed in writing I' .i., by the parties hereto. •"jI i . 8. Procedures for and Exercise of.loint Powers. f;l ! A. ProjectDesign_ pproval. The site plan and architectural design of facilities i' ll'I to be constructed or rehabilitated in connection with the development or redevelopment of (; the Project shall be approved by a Design Committee comprised of 5 members, including a 0 staff member and board member appointed by the Scott County Authority, a staff member j and board member appointed by the Shakopee Authority, and a member of the Shakopee l i Downtown Business Council appointed by such council. The final site plan and exterior design for the Project shall be submitted to the Shakopee Authority for approval. f`j I The Design Committee shall make at least one progress report each month to the 411 Scott County Authority and to the Shakopee Authority. !II B. Procedures for other Actions. In all other matters requiring action by or on behalf of the Authorities, or either of them, including the execution and delivery of c; documents and agreements, such action may be taken by the appropriate officers of the I respective Authorities. •i `11 9. Anagadmgati. This Agreement, including any attachments exhibits or prior '111 , amendments,may be amended,at any time and from time to time,by the written consent of each of .4,1 the Authorities. il l.j k] %I'.' "i1 ,11 il Sl,'.1 • il! ill sliI1I Joint Powers Agteanent 1 j• 1420999 h.i,, 3 .I 'I fl i' 8-01-1996 1 : 18PM FROM SCOTT COUNTY HRA 612 447 8865 P. 6 I f;a fJ i ij IN WITNESS WHEREOF, the Scott County Authority and the Shakopee Authority have each caused this Agreement to be executed on its behalf by their respective authorized officers have each caused their official seal, if any, to be affixed hereto, all as of the day and year first above written. SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY ti By _ Its Chair ft! (SEAL) By Its Secretary kIl t;I II {i I I;I 3{'I {I;I .`j 41, ?1II •I' I'I{, 1y.'I fi+ I I,aJoint Rowers'n$tccmcnt 1420999 4 8-01-1996 1 18P FROM SCOTT COUNTY HRA 612 447 8865 P. 7 t i,. I , SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY i!, By iii Its President (SEAL) By Its Executive Director k E•; �i. 14i 1,1! ii P,I ,r. its rt is • ,i� Pb t f. Ef• f• } ! fk`((• #`I 1 Joint Powers Agreement 1420999 5 igllii F!1 11, r!. 8-01-1996 1 : 19PM FROM SCOTT COUNTY HRA 612 447 8865 P. 8 Ki ATTACHMENT A Legal Description of Redevelopment Property 1i ii r"I t.� -1 .-a 1,1 � I f# � F.I ty s;1 1 '-i i .� 1820994 Joimx ut Powers Agreea 11I A- 1 :;I l /c CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator �k FROM: Julie Klima, Planner I SUBJECT: Amendment to the Zoning Map -Rezone property from Agricultural Preservation(AG)to Urban Residential (R-1B) and Medium Density Residential (R-2) DATE: August 6, 1996 Introduction Laurent Builders, Inc. is requesting that the City amend the Official Zoning Map to rezone a 17.87 acre site from Agricultural Preservation(AG)to Urban Residential (R-1B) and Medium Density Residential (R-2). A copy of the July 11, 1996, Planning Commission staff report has been attached for your reference. Discussion The applicant originally requested that the property be rezoned to Urban Residential (R-1B) and Medium Density Residential(R-2). This request proposed that the northwest corner of the property be rezoned to Medium Density Residential (R-2). However, the draft 1995 Comprehensive Plan designates the entire subject site for single family residential development. The 1996 MUSA expansion for this area (an amendment to the 1980 Comprehensive Plan) also identified the land use as single family residential. Upon review, the Planning Commission, at its July 11, 1996, meeting, recommended that the entire subject site be rezoned to Urban Residential (R-1B). The purpose of the Urban Residential(R-1B)zone is to provide an area for residential development where public sanitary sewer and water are available. Since the subject site is designated as a Single Family Residential Area in the draft 1995 Comprehensive Plan, the zoning recommended by the Planning Commission would be in conformance with the Comprehensive Plan. Based on the Planning Commission recommendation, the applicant has revised the preliminary plat drawings for this subject site to reflect a use consistent with the entire site being rezoned to Urban Residential(R-1B). The subject property is 17.87 acres in size. The Metropolitan Council, on June 16, 1996, approved a request to extend the Metropolitan Urban Services Area(MUSA)boundary. This extension includes the subject site. Alternatives 1. Amend the Zoning Map to rezone the subject property from Agricultural Preservation (AG)to Urban Residential(R-1B)and Medium Density Residential(R2). 2. Amend the Zoning Map to rezone the entire subject property from Agricultural Preservation(AG)to Urban Residential(R-1B). 3. Do not amend the Zoning Map. 4. Table the decision and request additional information from the applicant or staff. Planning Commission Recommendation The Planning Commission recommends Alternative No. 2. Action Requested Offer Ordinance No. 461, and move its approval. 4J' 1 Julie Klima Planner I i:\commdev\cc\1996\cc0806\rezfitr.doc ORDINANCE NO. 461, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF THE PROPOSED 17TH AVENUE AND EAST OF THE PROPOSED SARAZIN STREET FROM AGRICULTURAL PRESERVATION(AG)ZONE TO URBAN RESIDENTIAL (R-1B)ZONE. WHEREAS, the owners of the land described as: The South 1/2 of the Northwest 1/4 of the Northwest 1/4, Section 17, Township 115, Range 22, County of Scott, State of Minnesota, submitted an application requesting rezoning from Agricultural Preservation (AG)to Urban Residential (R-1B) and Medium Density Residential (R2); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on July 11, 1996, at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission voted to recommend approval of the rezoning of the entire parcel to Urban Residential (R-1B)to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as: The South 1/2 of the Northwest 1/4 of the Northwest 1/4, Section 17, Township 115, Range 22, County of Scott, State of Minnesota, from Agricultural Preservation(AG)to Urban Residential (R-1B). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: , City Clerk Approved as to form: , City Attorney Published in the Shakopee Valley News on the day of , 1996. tl CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator Vk, FROM: Paul Bilotta, Community Development Director SUBJECT: Amendment to the City Code-Location of Establishments Licensed to Serve Alcoholic Beverages DATE: August 6, 1996 Introduction The Community Development Commission (CDC) - now part of the Economic Development Authority (EDA) - recommended that the City change the City Code to attempt to preserve the concentration of establishments that serve alcohol in the Downtown(B - 3) and Major Recreation (MR) zones. Discussion Concentrating liquor licenses into specific areas has been a common economic development tool for cities, particularly in efforts to maintain a vital downtown. With the commercial pressures being exerted by the Shakopee Bypass construction,the CDC determined that it was a critical time to take steps to ensure the maintenance of the concentration of restaurants and other establishments that serve alcohol, which is a key piece in maintaining the vitality of Downtown. In a series of meetings dating back to April, 1996, the Planning Commission has reviewed and made revisions to the text suggested by the CDC. This was done primarily to respond to a concern that existing liquor license holders in other zones should not suffer any harm (for instance by becoming non-conforming uses). Alternatives 1. Amend City Code as proposed in the attached ordinance. 2. Direct staff to modify the proposed ordinance and bring it back to the City Council for approval. 3. Do not amend the City Code. 4. Table the decision and request additional information from staff. Planning Commission Recommendation At its July 11, 1996 meeting, the Planning Commission recommended the approval of the attached ordinance(Alternative No. 1). Action Requested Offer a motion to adopt Ordinance No. 462. ?aAd/g4 Paul Bilotta Community Development Director is\commdev\cc\1996\cc0806\liquor.doc ORDINANCE NO. 462 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, LIQUOR, BEER AND WINE LICENSING AND REGULATION, SEC. 5 . 02, APPLICATIONS AND LICENSES - PROCEDURE AND ADMINISTRATION, SUBD. 3, APPLICATION, INVESTIGATION, FEE, CERTIFICATES OF OCCUPANCY AND OF COMPLIANCE, AND ALSO AMENDING NUMEROUS SECTIONS OF CITY CODE CHAPTER 11, ZONING, BY REVISING PROVISIONS REGARDING THE LOCATION OF ESTABLISHMENTS LICENSED TO SERVE ALCOHOLIC BEVERAGES. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 5, Liquor, Beer and Wine Licensing and Regulation, Sec. 5. 02, Applications and Licenses - Procedure and Administration, Subd. 3, Application, Investigation, Fee, Certificates of Occupancy and of Compliance, B, Investigation and Certificates Required, by repealing paragraph 2, Certificate of Occupancy and Compliance Required for On-Sale Establishments, and adopting one new paragraph in lieu thereof, which shall read as follows: 2. Ordinance Compliance. Certificate of Occupancy (a) No license shall be issued if a suitable location is not part of the application and there must be a certificate of occupancy and of code compliance in effect before a license is issued. (b) A minimum of 50 percent of all licenses shall be issued in the Central Business Zone (B-3) and the Major Recreation Zone (MR) . A maximum of 50 percent of all licenses for alcoholic beverages may be issued outside the B-3 and MR zones. If all other conditions are eaual. a license renewal outside the B-3 and MR zones shall be granted priority over new atrlicants outside the B-3 and MR zones. (c) No license shall be issued unless Prior to the ioouancc of any ouch ccrtification, the licensed premises are shall be connected to public sewer and water except within a Planned Unit Development. There and there shall be posted therein an Occupant Load Certificate for a maximum permitted occupancy computed by Table 33A of the State Uniform Building Code. Section 2 - That City Code Chapter 11, Zoning, Sec. 11. 02, Definitions, is hereby amended by repealing paragraphs 103 , 104, and 131, adopting new paragraphs 103, 104, 105, and 132, and renumbering old paragraphs 105 et seq. The new paragraphs shall read as follows: 103 . "Restaurant, Class I" - An establishment where customers are served food ocrving food to cuotomcro while seated at a counter or table and which does not serve alcoholic beverages or provide live entertainment. 104. "Restaurant, Class II" - An establishment where customers are served food while seated at a counter or table, which has either a beer license under City Code Sec. 5. 10 or an on-sale wine license under City Code Sec. 5 .40 . 105. "Re taurant, Class III" - An establishment where customers are served food while seated at a counter or table, other than ocrving food to cuotomcro which is net a Class I or Class II restaurant. * * * 132 141. "Tavern" - An establishment , other than a Class II or III restaurant. where customers are served alcoholic beverages whcrc a majority of cuotomcro ordcr, arc ocrvcd, and conoumc alcoholic bcvcragcs. Section 3 - That City Code Chapter ii, Zoning, Sec. 11.36, Highway Business Zone (B-i) , Subd. 2, Permitted Uses, is hereby amended by repealing paragraph B and adopting one new paragraph in lieu thereof, which shall read as follows: B. restaurants, Class I and Class II, as allowed under City Code Sec. 5 . 02, Subd. 3 .B.2; Section 4 - That City Code Chapter 11, Zoning, Sec. 11.36, Highway Business Zone (B-1) , Subd. 3, Conditional Uses, is hereby amended by repealing two paragraphs and adopting two new paragraphs in lieu thereof, which shall read as follows: A. taverns, as allowed under City Code Sec. 5 . 02. Subd. 3 .B.2; * * * F. restaurants, Class III. as allowed under City Code Sec. 5 . 02. Subd. 3 .B.2 44; 2 Section 5 - That City Code Chapter 11, Zoning, Sec. 11.36, Highway Business Zone (B-1) , Subd. 4, Accessory Uses, is hereby amended by adopting one new paragraph and relettering the subsequent paragraphs, which new paragraph shall read as follows: B. restaurants. Class III, as allowed under City Code Sec. 5 . 02. Subd. 3 .B.2, if contained within a motel or hotel and oriented toward servincr customers of the motel or hotel; Section 6 - That City Code Chapter 11, Zoning, Sec. 11.38, Office Business Zone (B-2) , Subd. 4, Accessory Uses, is hereby amended by adopting one new paragraph and relettering the subsequent paragraphs, which new paragraph shall read as follows: A. restaurants. Class III. as allowed under City Code Sec. 5. 02. Subd. 3 .B.2. if contained within a motel or hotel and oriented toward servinct customers of the motel or hotel; Section 7 - That City Code Chapter 11, Zoning, Sec. 11.40, Central Business Zone (B-3) , Subd. 2, Permitted Uses, is hereby amended by repealing one paragraph and adopting one new paragraph in lieu thereof, which shall read as follows: F. restaurants, Class I and Class II; Section 8 - That City Code Chapter 11, Zoning, Sec. 11.40, Central Business Zone (B-3) , Subd. 3, Conditional Uses, is hereby amended by repealing one paragraph and adopting one new paragraph in lieu thereof, which shall read as follows: B. restaurants, Class III -; Section 9 - That City Code Chapter 11, Zoning, Sec. 11.42, Major Recreation Zone (MR) , Subd. 2, Permitted Uses, is hereby amended by repealing one paragraph and adopting one new paragraph in lieu thereof, which shall read as follows: B. restaurants, Class I and Class II; Section 10 - That City Code Chapter 11, Zoning, Sec. 11.42, Major Recreation Zone (MR) , Subd. 3, Conditional Uses, is hereby amended by repealing one paragraph, adopting two new paragraphs, and relettering the subsequent paragraphs, which new paragraphs shall read as follows : B. restaurants, Class III 3 .; B taverns; 3 Section 11 - That City Code Chapter 11, Zoning, Sec. 11.44, Light Industry Zone (I-1) , Subd. 4, Accessory Uses, is hereby amended by repealing one paragraph and adopting one new paragraph in lieu thereof, which new paragraph shall read as follows : A. restaurants, Class I., a Class II, or Class III, as allowed under City Code Sec. 5 . 02, Subd. 3 .B. 2, if contained within a principal structure and oriented toward serving employees or those working in the immediate area; Section 12 - That City Code Chapter 11, Zoning, Sec. 11.46, Heavy Industry Zone (I-2) , Subd. 3, Conditional Uses, is hereby amended by repealing one paragraph and adopting one new paragraph in lieu thereof, which new paragraph shall read as follows: A. restaurants, Class ee Class II, or Class III, as allowed under City Code Sec. 5. 02, Subd. 3 .B.2. if contained within a principal structure and oriented toward serving employees or those working in the immediate area; Section 13 - That City Code Chapter 11, Zoning, Sec. 11.87, Conditional Use Permit Standards for Business Zones, Subd. 2, Specific Standards for Business Zones, is hereby amended by repealing two paragraphs and adopting two new paragraphs in lieu thereof, which new paragraphs shall read as follows: FF. restaurants, Class III, and restaurants. Class III as allowed under City Code Sec. 5 . 02, Subd. 3 .B.2 : 1. if serving liquor, shall not be located on a lot or parcel of land adjacent to any low density residential (R-1A) , urban residential (R-1B) , or Old Shakopee residential (R-1C) zone; and 2. if located within 100 feet of property zoned R-1A, R-1B. or R-1C a rcoidcntial uoc, shall limit its hours of operation to between 5 :00 a.m. and 11 : 00 p.m. LL. taverns, and taverns as allowed under City Code Sec. 5 . 02, Subd. 3 .B.2 : shall not be located on a lot or parcel of land adjacent to any low density residential (R-1A) , urban residential (R-1B) , or Old Shakopee residential (R-1C) zone; and 4 2 . if located within 100 feet of property zoned R-1A, R-1B, or R-1C, shall limit its hours of operation to between 5 :00 a.m. and 11 : 00 P.M. Note: The otrickcn language is deleted; the underlined language is inserted. Section 14 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11. 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 15 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: %L _.4.4 1r City Attorney Published in the Shakopee Valley News on the day of , 1996. [2 PLNORD] 5 I 9, Memo To: Shakopee Planning Commission From: V. Paul Bilotta, Community Development Director Meeting Date: July 11, 1996 Re: Liquor Establishment Text Amendment INTRODUCTION: This issue was previously discussed at the April 18, 1996 and June 6, 1996 Planning Commission meetings. Please refer to the memos for background discussion. DISCUSSION: At the June meeting, staff requested that the item be continued until the July meeting in order to allow for revisions to the text. These revisions are attached as Exhibit A. These revisions take on a different philosophy than the previous drafts. Rather than regulating the issue completely in the Zoning Chapter, these revisions also modify Chapter 5 of the City Code. The net effect of this change is that it removes the issue of non- conforming use status. ALTERNATIVES: 1. Recommend to the City Council the approval of the proposed text amendment. 2. Modify the proposed text amendment, and recommend to the City Council approval of the revised text amendment. 3. Recommend to the City Council that no changes be made to the Zoning Ordinance on this issue. 4. Table the decision to allow staff to provide additional information. Staff Recommendation: Staff believes that the proposed text amendment meets the intent of the CDC's direction and recommends Alternative No. 1, to recommend to the City Council the approval of the proposed text amendment. Action Requested: Offer a motion to recommend to the City Council the approval of the proposed text amendment for establishments serving liquor and move its approval. Memo To: Shakopee Planning Commission From: V. Paul Bilotta, Community Development Director Meeting Date: June 6, 1996 Re: Liquor Establishment Text Amendment INTRODUCTION: This issue was previously discussed at the April 18, 1996 Planning Commission meeting. Please refer to the April 18 memo for background discussion. DISCUSSION: At the April 18, 1996 meeting, the Planning Commission indicated that it wanted more research on the following three issues: 1. Impact on existing liquor licenses This proposed amendment only affects taverns and restaurants so the three club on-sale licenses (American Legion. VFW and Knights of Columbus) are not affected by the proposed amendment. The Shakopee Ballroom is currently on the BOAA agenda for minor commercial recreation so it is also not impacted by the proposed amendment. The Pullman Club, Babe's Place, Turtle's, Arnie's, and Pablo's are all located in the B-3 Zone. The proposed amendment will actually remove the nonconforming status of many of these businesses since it only restricts these uses from residential zoning districts not from residential uses. Many of these establishments have residential uses in close proximity(if not directly above) that makes them technically nonconforming uses. Canterbury Park Concessions and Canterbury Hotel are both in the MR Zone. Dangerfield's, Rock Spring and The Main Event are all located in the B-1 Zone. This proposed amendment would therefore make these establishments Type A Nonconformities (Exhibit A). It should be noted that being a Type A Nonconformity does not restrict these businesses from continuation of their operations nor does it impact their ability to maintain their businesses. The primary difficulties occur when the use is discontinued for more than 6 months, is substantially destroyed or if the business would like to expand. Although detailed analysis of the conformance with the Zoning Ordinance is only possible with the information an applicant would submit with the building permit, it appears that all three of these facilities are currently near or over their maximum size due to other Zoning requirements such as maximum impervious surface percentage (75%), possibly floodplain requirements, and parking (I per 50 sq. ft. required or more.). The addition of the Type A Nonconformity status may therefore be a non-issue in relation to expansion. One possibility for Dangerfields/Rock Springs could be to seek to extend the MR zone for Murphy's Landing westward across Memorial Park to include their properties and then submit a request for a Planned Unit Development approval if they ever want to expand the operations. The Main Event appears to have very few options for expansion. 2. Look at the possibility of making hotel/motel uses in the B-1 and B-2 zones conditional uses. Currently, hotel/motels are permitted uses in the B-1 and conditional uses in the B-2. Hotels are permitted uses in the B-3. Hotels/Motels and Conference Centers are conditional uses in the MR. The conditions for each of these uses is shown on Exhibit B. If the Planning Commission would like to see any of these uses moved to either permitted or conditional status or if it believes any of the conditions should be modified, it would be appropriate for a motion to be made providing the desired direction to staff. Staff then will prepare a text amendment for a future Planning Commission meeting. 3. Concern that the text amendment might be restricting locations too much for anyone wishing to start a new business. Assuming the Shakopee Ballroom liquor license request is approved, the City of Shakopee has two liquor licenses remaining. Per section 5.32, Subd. 12 of the City Code, liquor licenses are limited to different types of establishments. Currently, the City of Shakopee has one liquor license available in the Class B (restaurants or liquor stores which have over 4,000 square feet of customer floor area) and Class C (hotel/motel restaurant/lounge over 4,000 square feet.) All of the Class A licenses (restaurants or liquor stores under 4,000 square feet) have been issued. The hoteVmotel license is not facinvg further restriction with this proposed amendment and can therefore be located anywhere a hotel/motel is allowed (see#2 above). There are a number of opportunities for the one remaining Class B license including Blocks 3 and 4, the vacant drug store property on Holmes, the current library site, the block between Atwood/Fuller/2nd/3rd, and all of the vacant land in the Canterbury Park area--east of Shenandoah/west of CR 83/north of CR 16 and south of 4th Avenue (except the Industrial Zoned property at the corner of CR 83 and 4th Avenue). r‘ ALTERNATIVES: 1. Recommend to the City Council the approval of the proposed text amendment. 2. Modify the proposed text amendment, and recommend to the City Council approval of the revised text amendment. 3. Recommend to the City Council that no changes be made to the Zoning Ordinance on this issue. 4. Table the decision to allow staff to provide additional information. Staff Recommendation: Staff believes that the proposed text amendment meets the intent of the CDC's direction and recommends Alternative No. I, to recommend to the City Council the approval of the proposed text amendment. , Action Requested: Offer a motion to recommend to the City Council the approval of the proposed text amendment for establishments serving liquor and move its approval. Memo To: Shakopee Planning Commission From: V. Paul Bilotta, Community Development Director Meeting Date: April 18, 1996 Re: Liquor Establishment Text Amendment INTRODUCTION: With the opening of the Shakopee Bypass, both the Community Development Commission--CDC (now part of the Economic Development Authority--EDA) and the Planning Commission have expressed concerns regarding the possible negative impacts that increased commercial activity along the Bypass may have on the Downtown's viability. DISCUSSION: During the update process for the Comprehensive Plan, the Planning Commission had a significant amount of discussion about the market niches that were to be served by each of the commercial areas. At that time, it was determined that the commercial areas along the Shakopee Bypass would serve a dual purpose of serving the day-to-day commercial needs of the residents of Shakopee (shopping centers with grocery or drug store anchors, for instance) and as a secondary use, serving the needs of the people driving along the Bypass (gas stations, motels, fast food, etc.). The Downtown area was determined to be for specialty retailers, offices and entertainment/tourist uses, while the Major Recreation areas (Canterbury Park, ValleyFair, Murphy's Landing) were set aside for spin-offs from the tourist traffic generated by the recreation uses. The market niches the Planning Commission identified are similar and compatible with the stated purposes for each of the corresponding zoning designations (See Exhibit A: Sections 11.36-11.42 of the City Code), as follows: B-1, Highway Business Zone: The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. B-2, Office Business Zone: The purpose of the office business zone is to provide an area for offices and related service uses, in an area where general retail is excluded. The zone is intended for areas identified in the comprehensive plan for office use or for transitional areas between residential and more intense uses. • B-3, Central Business Zone: The purpose of the central business zone is to provide a zone which accommodates the unique character of the central business area in terms of land uses and development patterns. MR, Major Recreation Zone: The purpose of the major recreation zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownership's as a unit rather than permit piecemeal or scattered small developments. The CDC had begun to look at the possible threats to the unique character of Downtown that could be created by the commercial areas along the Shakopee Bypass and one of the key character defining activities identified was the concentration of entertainment/restaurant uses in the central business district. The concentration of these uses is key to establishing the Downtown as a "destination", provides after-hours customer traffic (a sign of a healthy downtown), and is one of the few retail activities that could be expected to expand enough to support projects like the Blocks 3 and 4 renovation/reconstruction. Based on this premise, the CDC directed staff to consider a text amendment to the Zoning Ordinance that would modify the treatment of establishments that serve liquor. The direction given by the CDC was the following: 1. "Entertainment" type restaurants (those with full liquor serving ability) should generally be restricted to the Downtown and Major Recreation areas where the concentration of these uses is compatible with the "destination" and tourist purposes of those areas. 2. Fast food, non-alcoholic and beer/wine license establishments should not be restricted since they serve the general population and are more compatible with highway users and the local residential neighborhoods. This would, for instance, allow "family-oriented" businesses like Pizza Hut and McDonald's to locate at the Bypass. 3. Hotels and motels should be allowed to have full liquor licenses for accessory restaurant or tavern purposes. Based on this direction, Staff has prepared the attached text amendment to the Zoning Ordinance. A summary of the proposed changes is below: Proposed Changes B-1 B-2 B-3 MR Class I P C P P Class II C C C C Class III X X C C Tavern X X C C Hotel/Motel A A P P P: Permitted Use C: Conditional Use A: Accessory Use X: Prohibited Use ALTERNATIVES: 1. Recommend to the City Council the approval of the proposed text amendment. 2. Modify the proposed text amendment, and recommend to the City Council approval of the revised text amendment. 3. Recommend to the City Council that no changes be made to the Zoning Ordinance on this issue. 4. Table the decision to allow staff to provide additional information. Staff Recommendation: Staff believes that the proposed text amendment meets the intent of the CDC's direction and recommends Alternative No. 1, to recommend to the City Council the approval of the proposed text amendment. Action Requested: Offer a motion to recommend to the City Council the approval of the proposed text amendment for establishments serving liquor and move its approval. ) / e . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator ,,v,, FROM: Julie Klima, Planner I SUBJECT: Preliminary Plat for Hauers 5th Addition DATE: August 6, 1996 Discussion Gene, Virginia, and Jane Hauer have submitted an application for approval of the Preliminary Plat for Hauers 5th Addition. The proposed subdivision is located south of County Road 16, northeast of Park Ridge Drive and northwest of Hauer Trail. The proposed plat is 2.64 acres in size and includes 4 single family residential lots. A copy of the December 7, 1995, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Preliminary Plat for Hauers 5th Addition, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Hauers 5th Addition. 3. Deny the Preliminary Plat for Hauers 5th Addition. 4. Table the decision for further information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended approval of the Preliminary Plat for Hauers 5th Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4481, A Resolution Approving the Preliminary Plat for Hauers 5th Addition, and move its adoption. / / Julie Klima Planner I i:\commdev\cc\1996\cc0806\pphrs5.doc RESOLUTION NO. 4481 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR HAUERS 5TH ADDITION WHEREAS, Gene, Virginia, and Jane Hauer are the owners of said property; and WHEREAS,the property upon which the request is being made is legally described on Attachment 1; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat for Hauers 5th Addition on December 7, 1995, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat for Hauers 5th Addition, described on Attachment 1, attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. The following procedural actions must be taken: a) Approval of the title opinion by the City Attorney. b) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1022.51 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. c) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 2. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: a) Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 2 and Lot 3,Block 1. b) The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be paid at the time of the recording of the Final Plat. c) The developer shall provide the City with a recordable easement which will allow the shared driveway access for Lots 2 and 3,Block 1 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot). Documentation stating that the property owners of Lots 2 and 3, Block 1 shall be responsible for maintaining the driveway, and have the right to assess all properties benefiting form the driveway for the cost of maintenance must be provided. This documentation 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. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ATTACHMENT 1 • That part of the East Half of the Northwest Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the point of intersection of the East line of said East Half of the Northwest Quarter and the center line of County Road No. 16 said point being 1317.00 feet South of the Northeast corner of said Northwest Quarter; thence South 0 degrees 00 minutes 00 seconds West, assumed basis for bearings, along said East line 37.40 feet to a point 1354.40 feet South of the Northeast corner of said Northwest Quarter; thence North 60 degrees 40 minutes 20 seconds West 151.90 feet; thence South 28 degrees 51 minutes 00 seconds West 302.04 feet; thence North 60 degrees 10 minutes 40 seconds West 100.10 feet; thence South 28 degrees 51 minutes 00 seconds West 230.56 -feet to Easterly boundary of HAUERS 1ST ADD'N, according to the recorded plat thereof; thence North 29 degrees 10 minutes 14 seconds West, along said Easterly boundary, 95.07 feet; thence North 30 degrees 16 minutes 24 seconds East, along said Easterly boundary, 134.13 feet; thence North 59 degrees 43 minutes 36 seconds West, along said Easterly boundary, 26.04 feet; thence North 28 degrees 51 minutes 00 seconds East 380.74 feet to the center line of County Road No. 16; thence South 60 degrees 33 minutes 53 seconds East, along said center line, 337.29 feet to the point of beginning. AND A Tract of land in the Northwest Quarter of Section 8, Township 115N, Range 22W, Scott County, Minnesota described as follows: Commencing at the intersection of the East line of said North— west Quarter and the Southerly right of way of C.SA.R. 0 16, said point being 1354.4 feet South of the Northwest corner of said Northwest Quarter; thence South 20°03'20" West a distance of 219.9 feet; thence South 39°06' West a distance of 87.3 feet to the actual point of beginning; thence continuing South 39°06' West a distance of 50.9 feet; thence South 60°31' West a distance of 291. 1 feet; thence North 60°10'40" West a distance of 108.2 feet; thence North 28°51' East a distance of 300 feet; thence South 60°10'40" East a distance of 271.16 feet to the actual point of beginning. Excepting the Easterly 50 feet thereof. Memo To: Shakopee Planning Commissio From: Julie Baumann,Planner I Meeting Date: December 7, 1995 Re: Preliminary Plat for Hauer's 5th Addition Site Information: Applicant Eugene and Virginia Hauer,and Jane Hauer Location: South of CR 16,Northeast of Park Ridge Drive,and Northwest ofHauer Trail CurrentZoning: Urban Residential(R-1B) (See Exhibit A) Adjacent Zoning: North: Light Industrial(I-1) South: Urban Residential(R-1B) East: Urban Residential(R-1B) West: Urban Residential(R-1B) Comp.Plan: 1980: Agricultural Draft 1990: Single Family Residential Area: 2.64 Acres MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: The applicant is requesting Preliminary Plat approval for four(4) single tinily residential lots. Exhibit B illustrates the proposed Preliminary Plat. Because of illegibility, staff has outlined the exterior lines of the proposed plat and the lot lines of the four lots. The site is unplatted land and currently contains an existing residence and two accessory structures. Considerations: 1. The majority of the property is currently vacant.Adjacent land uses include residential development to the east,west, and south, and industrial and agricultural uses to the north. 2. The Scott County Highway Department has commented that the minimum width of right-of-way for a minor arterial is 100 feet (50 feet on each side of the centerline). According to the plat drawing, the applicant is dedicating 50 feet of right-of-way for CSAH 16, as required by the Subdivision Regulations. 3. The developer is proposing two lots which would front onto CSAH 16. As proposed, these lots would have no other adjacent rights-of-way to gain access. The County Engineer controls access to all County roads. An Entrance Permit for the proposed shared access from Lots 2 and 3 to CSAH 16 must be approved by the Scott County Highway Department. A condition has been recommended requiring the applicant to submit verification of the approval of this permit to the City prior to the recording of the Final Plat. 4. The drawing labeled"Preliminary Hauer's 5th Addition" is also labeled as a"Grading Plan,Erosion Control Plan, and Drainage Plan". Proposed elevations are required on all lot corners on the Grading Plan. The grading plan should also indicate existing or proposed curb elevations where the curb cuts for the driveways will be located. A condition has been recommended requiring the applicant to submit a revised grading plan reflecting these changes. 5. The zoning designation and the density indicated on the preliminary plat are incorrect and need to be revised. The legal description for Parcel A is not clearly identified nor are its limits clearly shown. The plat, as proposed, does not identify Parcel B, and the legal description for Parcel B appears to include land which has been previously dedicated as right-of-way, and should not be included in this plat. The plat as proposed does not include the right-of-way for Hauer Trail, nor does it indentify Park Ridge Drive. A condition has been recommended requiring the applicant to submit a revised Preliminary Plat drawing reflecting these changes prior to approval.by the City Council. 6. Section 12.07, Subd. 1 requires that driveways not exceed 10% grade. The elevations shown on the plat indicate that the driveway on Lot 1 will have an approximate grade of 15 %. A condition has been recommended requiring the applicant to revise the grading plan such that driveway grades do not exceed 10%. 7. The applicant owns the proposed Lot 4,Block 1, and there is an existing home and two accessory structures currently located on this proposed lot Section 11.81, Subd.2.D requires a five(5)foot setback from interior lot lines for accessory structures. The plat, as proposed, meets this requirement. 8. Engineering staff has commented that a revised storrnwater management plan will not be required. 9. Because the site is less than 5 acres in size, NPDES Permit for the stormwater runoff and erosion control will not be required. 10. A Certificate of Exemption to the Wetlands Act of 1991 has already been issued for this plat 11. Assessments currently exist on the property. One parcel has Green Acres deferred assessments and the other parcel has pending assessments for the CSAH 16 project. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment 12. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The park dedication requirement would be approximately $1,022.51 per lot. The developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. The Park Dedication requirement for the existing structure(Lot 4, Block 1)shall be paid at the time of the recording of the Final Plat. Alternatives: 1. Recommend to the City Council the approval of the Preliminary Plat for Hauer's 5th Addition, - . subject to conditions. 2. Revise the conditions recommended by stag and recommend approval of the Preliminary Plat for Hauees 5th Addition, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Hauees 5th Addition. 4. Continue the public hearing to allow time for the applicant to submit additional information. Staff Recommendation: Staff recommends the approval of the Preliminary Plat for Hauees 5th Addition (Alternative No.1), subject to the following conditions: 1. The following procedural actions must be taken a) Approval of the title opinion by the City Attorney. b) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. c) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 2. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: a) Verification of approval for an access permit from the Scott County Highway Department will be required for the proposed shared access drive for Lot 2 and Lot 3, Block 1. b) The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be paid at the time of the recording of the Final Plat. c) The developer shall provide the City with a recordable easement which will allow the shared driveway access for Lots 2 and 3,Block 1 to CSAH 16. The easement shall be a total of 20 feet in width (10 feet from each lot). The property owners shall be responsible for maintenance of the shared driveway easement. 3. The applicant shall submit a revised Preliminary Plat drawing prior to approval by the City Council which reflects the following design changes: a) The applicant shall dedicate 50 feet of right of way adjacent to CSAH 16, as proposed on the Preliminary Plat Drawing. b) The Preliminary Plat shall reflect the correct zoning designation and density calculations. c) The Preliminary Plat shall identify Parcels A and B. d) Land that has previously been dedicated as right-of-way shall not be included in the Preliminary Plat. e) Hauer Trail right-of-way shall be included in the Preliminary Plat. f) Park Ridge Drive shall be identified on the Preliminary,Plat. ...:_._. 4. The applicant shall submit a revised Grading Plan prior to approval by the City Council which reflects the following changes: a) The Grading Plan shall indicate proposed elevations on the lot corners. b) The Grading Plan shall indicate existing or proposed curb elevations where the curb cuts for driveways will be located. c) The Grading Plan shall indicate driveway grades that do not exceed 10%. Action Requested: Offer a motion to recommend to the City Council the approval of the Preliminary Plat for Hauer's 5th Addition, subject to conditions, and move its approval. itianninglboea-pd1995Vc120713pbmuas.doc EXHIBIT A 1.••••••,000010.11° 4 V\s, 1 e t uuw I 1 I I?ri _,M i IT w R3 AG B-1 ...Iz . I . R 1 B MR i 1 • \ Wit: R3 R1 B- %� ,ra 111 fk....r-R 1 : � Zvi R r • • . . . : . • . mondliske4Z4 1 fA1T '1"I r �OO,,� ` 1 • Q, 2 - 3 .. ii� I., \ . 0C 9, 10 , ` • • Q� 0 t �s 11 / • . ( - . SUBJECT SITE s - - • 3 = ea , 4 � MR •41\gliatifs-- - - nu . - . 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R ./;.4r/ c9 01 e �`N' < �7 i ice' \\` •�`�� y ' ` , ,... ,,,‘ , .. ., / t/ ,o i04 _... \\\\\\ l'Y',..t . Y , ., . # /. ,,,..c...._, „AA . in II /..., , N. 4. s'`," . /II '0"4./. 1.! A.: if°414,44 • 14N -.. •°' / / /W7P;7/2e//%/ 'Is' ,,,. tr'ed/1 el \\ ...s N.)) t•.% 4 / / ,'lgt ti 1 �y / ,4.,.—«.• --'- • . d aeo' 00ie•1 �I \\( ,/ , Z / � �/ ♦I � 1/ � \n /rOff. t� � � � \� Nv. . � O 13 �...�) / / 1 '/ 11' /// / / -. <:// -,, `e N a s, 1'i ... • •4)� / •• / l / / l Hi/ � lfi ��~ � 1 ' v�\ �A. 4 e U/ % hdr. � (19 • •, • / / / \ ';� q • . / . (..N\ L.- ` • • • I • • �l CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Preliminary Plat for Samantha Woods DATE: August 6, 1996 Introduction James and Mary Monnens have submitted an application for approval of the Preliminary Plat for Samantha Woods. The proposed subdivision is located south of County Road 16 and east of Roundhouse Circle. The proposed plat is 2.93 acres in size and includes 4 single family residential lots. Discussion A copy of the July 11, 1996, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Preliminary Plat for Samantha Woods, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Samantha Woods. 3. Deny the Preliminary Plat for Samantha Woods. 4. Table the decision for further information from the applicant and/or staff Planning Commission Recommendation The Planning Commission has recommended approval of the Preliminary Plat for Samantha Woods, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4482, A Resolution Approving the Preliminary Plat for Samantha Woods, and move its adoption. 4//6 ; Julie Klima Planner I i:\commdev\c61996\cc0806\ppsamwds.doc RESOLUTION NO. 4482 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR SAMANTHA WOODS WHEREAS,James and Mary Monnens are the owners of said property; and WHEREAS, the property upon which the request is being made is legally described on Attachment 1; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat for Samantha Woods on July 11, 1996, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Samantha Woods, described on Attachment 1, attached hereto and incorporated herein, is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) 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) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1322.50 per residential lot. The Park Dedication payment for Lot 3, Block 1 shall be paid at the time of the recording of the Final Plat. The Park Dedication payment for Lots 1, 2, and 4, Block 1, shall be deferred until such time as a building permit for a principal structure has been issued for the lot. 0 The developer acknowledges the presence of pending assessments for County Road 16. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. Proof shall be provided, via contract, that Outlots A, B, and C will be sold to the adjoining property owners upon platting. 5. The developer shall obtain an access permit from the Scott County Highway Department. 6. The existing structures on Lot 4,Block 1, shall be removed prior to the issuance of a building permit for a principal structure on the lot. 7. A property owner's association or maintenance agreement for the driveways must be executed designating the party responsible for maintaining the driveways, and granting that party the right to assess all properties benefiting from the driveways for the cost of maintenance. The agreement shall also grant the City the right to enter and maintain the driveways when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ATTACHMENT 1 A tract of land in the Southwest Quarter of the Southwest Quarter (SW 54 of SW%) of Section Five (5), Township One Hundred Fifteen (115), North, Range Twenty two (22), West, described as follows; Beginning at the Southwest corner thereof and running thence North along the West line thereof to the intersection with the center line of County Road No. 16;thence Southeasterly along the said center line to the intersection with the South line of said Southwest Quarter of Southwest Quarter; thence West along said South line to the point of beginning. together with: A tract of land in the Northwest Quarter of the Northwest Quarter of Section 8, Township 115,Range 22, described as follows: Beginning at the Northwest corner thereof and running thence East along the North line thereof to the intersection with the center line of County Road 16; thence Southeasterly along said center line a distance of 36.9 feet; thence deflection to the right at an angle of 71° 40' to the center line of the tract of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, as shown in Scott County Recorder's Document No. 178637;thence Northwesterly along said center line to its intersection with the West line of said Northwest Quarter of Northwest Quarter; thence North along said West line to the point of beginning. together with: That part of the following described property: A tract of land in the West 1 of the Northwest ',4 of Section 8, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows: Commencing at the intersection of the North line of said West 'k of the Northwest i4 of said Section 8 and the center line of Scott County State Aid Road No. 16, said point distant 373.5 feet East of the Northwest corner thereof; thence along said center line South 60° 23' East a distance of 36.9 feet to the actual point of beginning;thence South 11° 17'West a distance of 230.0 feet to North right of way line of the Hastings and Dakota Railway (Chicago, Milwaukee, St. Paul and Pacific Railroad Company)thence Southeasterly along said North right of way line to its intersection with the East line of said West 1i4 of the Northwest i4, said point distant 1148.2 feet South of the Northeast corner of said West 'k of the Northwest A; thence North along said East line a distance of 589.4 feet to the centerline of said Scott County State Aid Road No. 16; thence North 60° 23' West a distance of 1073.05 feet to the actual point of beginning. which lies westerly of the following described line and its extensions. Commencing at the northwest corner of the Northwest Quarter of the Northwest Quarter of Section 8, Township 115 North, Range 22 West; thence on an assumed bearing of East, along the north line of said Northwest Quarter of the Northwest Quarter to the intersection with the centerline of County State Aid Highway No. 16;thence South 59 degrees 56 minutes 51 seconds East along said centerline a distance of 128.63 feet to the point of beginning of the line to be described;thence South 34 degrees 43 minutes 09 seconds West a distance of 220.0 feet to the northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad and said line there terminating. • (0. Memo To: Shakopee Planning Commission From: Julie Baumann,Planner I I Meeting Date: July 11, 1996 Re: Preliminary Plat for Samantha Woods Site Information: Applicant: James and Mary Monnens Location: South of County Road 16 and East of Roundhouse Circle Current Zoning: Urban Residential(R-1B)(See Exhibit A.) Adjacent Zoning: North: Light Industrial (II) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Medium Density Residential (R2) Comp.Plan: 1980: Agricultural Draft 1995: Single Family Residential Area: 2.93 Acres MUSA: The site is within the MUSA and can be served by municipal utilities. Introduction: James and Mary Monnens are requesting Preliminary Plat approval for a development.consisting of 4 single family residential lots. The proposed development is located south of County Road 16 and east of Roundhouse Circle(Exhibit A). Exhibit B illustrates the proposed Preliminary Plat. The storm sewer information submittal is pending. Once received, this information will require additional staff review time. Therefore, if additional conditions are necessary, they will be provided on the table. Considerations: 1. The property is currently zoned Urban Residential (R-1B). The plat as proposed, requests single family residential lots. There is currently a single family home and two garages on the site. The plat, as proposed, provides for the existing home to be located on Lot 3, Block 1. Per the proposed plat, this home would meet setback requirements. The two garages are located on proposed Lot 4, Block 1. A condition has been added that prior to a building permit being issued for Lot 4, Block 1, that these structures must be removed. 2. The Preliminary Plat proposes the creation of Outlots A, B, and C. These outlots as proposed do not meet the required criteria for a lot. Staff is recommending that the developer provide proof; via a contract, that the outlots will be sold to the adjoining property owners upon platting. 3. This preliminary plat proposes two shared driveways. Section 11.62, Subd. 2.D of the City Code requires that shared driveways be approved by the Board of Adjustment and Appeals. At its March 7, 1996, meeting, the Board of Adjustment and Appeals approved the shared driveways proposed in this development, subject to the conditions outlined in Section 11.62, Subd.2.D 4. Pending Assessments exist for the County Road 16 projects. 5. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee in the amount of$1322.50 per residential lot be collected in lieu of park land. The park dedication fee for Lot 3, Block 1, shall be paid at the time of the recording of the Final Plat. Park dedication fees for Lots 1, 2, and 4, Block 1 shall be deferred to the issuance of a building permit for.the principal structure on the lot. 6. The County Engineer has commented that a Scott County Access Permit shall be required to allow access onto County Road 16. A condition has been added requiring that the access permit be obtained prior to the recording of the Final Plat. 7. The applicant is required to submit a wetland delineation report and an application for an Exemption to the 1991 Wetlands Regulation Act. A condition has been added that this be completed prior to Preliminary Plat approval by the City Council. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Samantha Woods, subject to the following conditions: a) Prior to City Council approval of the Preliminary Plat, the following actions must occur: i) The applicant shall submit a wetland delineation report and exemption to the Wetlands Regulation Act of 1991. b) 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 a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) 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) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1322.50 per residential lot. The Park Dedication payment for Lot 3, Block 1 shall be paid at the time of the recording of the Final Plat. The Park Dedication payment for Lots 1, 2, and 4, Block 1, shall be deferred until such time as a building permit for a principal structure has been issued for the lot. f) The developer acknowledges the presence of pending assessments for County Road 16. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Proof shall be provided, via contract, that Outlots A, B, and C will be sold to the adjoining property owners upon platting. v) The developer shall obtain an access permit from the Scott County Highway Department. vi) The existing structures on Lot 4, Block 1, shall be removed prior to the issuance of a building permit for a principal structure on the lot. vii) A property owner's association or maintenance agreement for the driveways must be executed designating the party responsible for maintaining the driveways, and granting that party the right to assess all properties benefiting from the driveways for the cost of maintenance. The agreement shall also grant the City the right to enter and maintain the driveways when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Samantha Woods, to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Samantha Woods. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information. Staff Recommendation: Staff recommends that the Planning Commission recommend to the City Council the approval of the request for approval of the Preliminary Plat of Samantha Woods, subject to conditions. Action Requested: Offer a motion to recommend to the City Council the approval of the request for approval of the Preliminary Plat for Samantha Woods,subject to conditions, and move its approval. i:\commdev1boaa-pc\1996\may09pclppsmwds.doc 7,1111;,..v:_. - - R3> B l G EXHIBIT A - �. J R _��� ��� ..,41;,,,, \�� _ • ` '/ \ ' I t�.` 1!'�w✓!vc a-.:r •Atli • SC'''' ' I , ii 1 ' • A/ i /11' 1 INW4Iii..414111tOr 7. 1\ , : r • 1 ,., / - Om a ,- ' a 1 r ,. , 1 ., A .‘,0 1' I R3 i Aio •, R 1 B J `• Ai. h :r ; MIDI s 0 1 1 ' 111111111 Mini WA*, P., \-.,,,, 0.434124UNT •• ' VICM ,NMI 1•r FN A 1 1111 ...NO .3f • , t.,,1111 MI . . .. 1 1 1Ttt .;7.-17-7p ' h• ,.I. . r717- S% I. f -e I t I 0 r I RIM SUBJECT SITE ' , ! 1 , . 1 1 I III ' . - if, < �3 I < ip j YF I ! I i • • f r • f ff •; • s.( ` - m� • �s �o f et If* 1 inifFS‘A I 7.- ' w3 fin T — otillettne 41* 1 • Kim _Iill \ imam , . .100.24.1. , Palk ••it t1"E4 Nosr 4 AilrP4i tet. 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CS N . 1Y M M»9hi r1 1 4M 542: 344!.344 1 1 . : .4 ! : 1. 1 eOU . 4 VevI5e /I RESOLUTION NO. 4482 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR SAMANTHA WOODS WHEREAS, John and Jane DuBois are the owners of said property; and � pis eD � WHEREAS, James and Mary Monnens are the developers of said property; and WHEREAS, the property upon which the request is being made is legally described on Attachment 1; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Samantha Woods on July 11, 1996, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Samantha Woods, described on Attachment 1, attached hereto and incorporated herein, is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required 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) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$1322.50 per residential lot. The Park Dedication payment for Lot 3, Block 1 shall be paid at the time of the recording of the Final Plat. The Park Dedication payment for Lots 1, 2, and 4, Block 1, shall be deferred until such time as a building permit for a principal structure has been issued for the lot. f) The developer acknowledges the presence of pending assessments for County Road 16. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. Proof shall be provided, via contract, that Outlots A, B, and C will be sold to the adjoining property owners upon platting. 5. The developer shall obtain an access permit from the Scott County Highway Department. 6. The existing structures on Lot 4, Block 1, shall be removed prior to the issuance of a building permit for a principal structure on the lot. 7. A property owner's association or maintenance agreement for the driveways must be executed designating the party responsible for maintaining the driveways, and granting that party the right to assess all properties benefiting from the driveways for the cost of maintenance. The agreement shall also grant the City the right to enter and maintain the driveways when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee 4 tfP0- City Clerk Approved as to form: City Attorney U3. I. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek,Planner II SUBJECT: Final Plat of Milwaukee Manor 2nd Addition DATE: August 6, 1996 Discussion: LeRoy Menke is requesting approval of the Final Plat for Milwaukee Manor 2nd Addition. The subject site is east of Market Street and north of 7th Street. A copy of the July 11, 1996, Planning Commission staff memo has been attached for your reference. At this meeting,the Planning Commission was requested to review the Final Plat for substantial conformance with the Preliminary Plat. Upon review the Planning Commission determined the Final Plat to be in substantial conformance with the Preliminary Plat, and has recommended approval to the City Council, subject to conditions. In light of the cash park dedication having been established in reliance on the construction of a recreation building to serve the residents of Milwaukee Manor, the City has an interest in insuring that the facility is constructed, or that it receive full value for park dedication. An approach would be to require that the applicant file a letter of credit in the amount of credit received on park dedication (i.e. $6,318.86) against the construction of the recreation facility within a reasonable period of time, e.g. 2 years. In the event the facility is not completed within 2 years, the City would collect on the letter of credit. Alternatives: 1. Approve the Final Plat of Milwaukee Manor 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Milwaukee Manor 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Milwaukee Manor 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. FPMILMR2.DOC/SB I Planning Commission Recommendation: The Planning Commission has recommended the approval of the Final Plat of Milwaukee Manor 2nd Addition, subject to conditions(Alternative No. 1). Action Requested: Offer Resolution No. 4479, A Resolution Approving the Final Plat of Milwaukee Manor 2nd Addition, and move its approval. R. Michael Leek Planner II FPMILMR2.DOC/SB 2 RESOLUTION NO. 4479 A RESOLUTION OF Mk.CITY OF SHAKOPEE,MINNESOTA,APPROVING i'HE FINAL PLAT FOR MILWAUKEE MANOR 2ND ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Milwaukee Manor 2nd Addition on July 11, 1996, 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 Final Plat for Milwaukee Manor 2nd Addition, described on Attachment 1, attached hereto and incorporated herein is hereby approved subject to the following conditions: L The developer file a letter of credit with the City in the amount of$6318.86 and with a term of 2 years. In the event that the developer fails to construct the proposed private recreational facility within 2 years, the City will collect on the letter of credit as and for cash park dedication for which the developer was given credit. H. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement for construction of required public improvements: 1. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. 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. 4. The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$169.25 per residential lot. The Park Dedication payments shall be deferred on a lot by lot basis, and are FPMILMR2.DOGSB 3 to be paid prior to the release of each principal structure building permit. 5. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. C. Recording of Resolution No. 3711, vacating a portion of Minnesota Street, adopted by the City Council on November 17, 1992. BE IT FUR[HER 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 . , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney FPMILMR2.DOC/SB 4 Memo To: Shakopee Planning Commission From: R Michael Leek,Planner II Meeting Date: July 11, 1996 Re: Final Plat oflvfilwaukee Manor Second Addition Site Information: Applicant: Leroy R.Menke. Location: East of Market Street and North of 7th Avenues Current Zoning: Planned Unit Development(PUD) Adjacent Zoning: North: South: East: West: Comp.Plan: Draft 1995: Single Family Residential Area: 2.62 Acres MUSA: The site is within the MUSA and can be served by municipal utilities Introduction: Leroy R.Menke is requesting approval of the Final Plat for Milwaukee Manor Second Addition. The subject plat consists of 6 blocks and 24 lots in the Milwaukee Manor PUD,which is East of Market Street and North of 7th Avenue. (Please see Exhibit A,Final Plat) Considerations: The final development plan for the Milwaukee Manor PUD was approved by Resolution No.3718, approved by the City Council on December 15, 1992. The approving resolution contained 22 conditions. (Please see Exhibit B,Resolution No.3718) The Preliminary Plat of Milwaukee Manor, and the final plat of Milwaukee Manor 1st Addition was approved by Resolution No. 3742, adopted by the City Council on May 18, 1993. (Please see Exhibit C,Resolution 3742) The total site of Milwaukee Manor consists of 9.91 acres,and the final development plan proposed 55 residential units. The present final plat request involves 2.62 acres and 24 residential units. The configuration of the lots in the proposed final plat is consistent with the approved preliminary plat of Milwaukee Manor. Park dedication due with this final plat equals$169.25 per lot for a total of$4,061.00. As part of the PUD plan and preliminary plat approval, and consistent with City Code Section 11.40, Subd. 4.E.,the developer was allowed a 40%credit against park dedication because of the proposed recreation center. While the proposed final plat is the final phase of this PUD,the center has not yet been constructed. For that reason, construction of the center within a specified time should be a condition of final plat approval. Plans for street,sanitary sewer, or storm sewer construction have not been received. Prior to review and approval of the final plat by the City Council,these plans must be submitted,reviewed and approved by the City's engineering staff.. The applicant should provide barricades at the end of Minnesota Street. The maintenance of these barricades should be provided for in the covenants for Milwaukee Manor. Alternatives: 1. Recommend that the City Council approve the Final Plat of Milwaukee Manor Second Addition, subject to conditions. 2. Modify the recommended conditions, and recommend that the City Council approve the final plat, subject to the modified conditions. 3. Recommend that the City Council deny the final plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1,to recommend that the City Council approve the Final Plat of Milwaukee Manor Second Addition, subject to the following conditions: 1. The following actions must be completed prior to City Council review and approval of the final plat: a) The developer shall provide to the City Engineer the construction plans for street, sanitary sewer, and storm sewer construction, which plans shall be reviewed and approved by the City Engineer prior to Final Plat approval by the City Council. 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 required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2 ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) 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. v) The applicant shall enter into an agreement regarding Park Dedication payments of$169.25 per residential lot. The park dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. vi) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. c) Recording of Resolution No. 3711,vacating a portion of Minnesota Street, adopted by the City Council on November 17, 1992. Action Requested: Offer a motion to recommend that the City Council the approve the final plat for Milwaukee Manor Second Addition subject to the conditions set forth above,and move its approval. 3 !111,1' I IZ:i3 N1:)il Z Ow a :S. hp!' a , 1 ....7" Q jy '" I i ( � wig: I1 I 142 a111111 t 11 3814: 1 ta, 4 , it L i a)/ -,--,. O 111 1 I I I/ { ii !I . I ' d 1 1;Zi IHis ,11 1 ft1 1 I- ;1 4ill ii 1, . .1 ill li }lj --- - 0 % , I 12 I i�'� IIla j 1, i Z1in ilI /I !IL I III IIs, ltd 111 i 1 1 Ii 1I . a ► 0 12. Q Q 0 H Z - p Oit �� 1-, U '` �c s= ,� c. 4 4 . joi tI 1 1119 . . • ..„ cc -,-. siacart i l'str, .:: Wn %i, 1 a Y W l .,C.. ,,SG. is I .d1.i�t f • 11 ' i ti... 11 .0:4... X. ,.i . ; 11. `J "- a i ; ` <Q4 E---1 - ./.111.140. f 4616, 1 4, its - I-.4 I a j RESOLUTION NO. 3718 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL DEVELOPMENT PLAN FOR THE PLANNED UNIT DEVELOPMENT FOR MILWAUKEE MANOR. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Final Development Plan for the Planned Unit Development for Milwaukee Manor on December 3 , 1992 , and has recommended its adoption; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Development Plan for the Planned Unit Development for Milwaukee Manor, described on Attachment 1 attached hereto and incorporated herein, is hereby approved, subject to the following conditions: l The two interior streets (Milwaukee Court and Milwaukee Road) shall be private driveways. 7. The entire segment of the Dakota Street right-of-way shall be dedicated and constructed with Phase 1 (60 ' width) so as to connect the two ends of the street. 3 . A minimum of 20 percent of the total useable area of the PUD, excluding the Dakota Street right-of-way, shall be provided for open space. 4 . The open space area that is zoned R-2 (between the east property line of the proposed single family development along Market Street and a southerly extension of the west boundary of Macy 2nd Addition) shall be dedicated as a drainage and utility easement to ensure that open space is maintained. B.. The proposed recreation center shall be designed as to be accessible to the handicapped. 6. The applicant shall reimburse the City to cover the costs of the traffic analysis prepared by Stgar, Roscoe and Fausch for this proposal. ✓7 . Approval of the title opinion by the City Attorney. s . Execution of a Development Agreement for construction of required improvements: EXHIBIT B 1 • a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. ,,b. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with .the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. -Se( Street signs for both the public and private streets will be constructed and installed by the City of Shakopee at a cost to the developer of $250.00 each per sign pole. meg. Cash payment in lieu of park dedication shall be required. h. No building permits will be issued for any of the outlots, except for the proposed recreation center designated to be constructed within Outlot A, between Block 5 and Block 6. j� A 5 ' wide sidewalk along the east side of Dakota Street. t9.. One major deciduous tree shall be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the Milwaukee Manor PUD. A total of 15 coniferous trees shall be planted approximately every 30 feet along the east boundary of the PUD. 10. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 11. Prior to approval of the final plat, final construction plans for all public improvements must be submitted and approved by the City Engineer. 12. An Erosion Control Plan shall be submitted and approved by the City Engineer prior to approval of the final plat. 13 . The developer shall be responsible for grading as approved by the City Engineer. • 1 14 . The area surrounding each of the Blocks within the PUD must be dedicated as a drainage and utility easement with the recording of the final plat. 16 The areas containing drainage ponds and storm sewers must be dedicated as drainage and utility easements with the // recording of the final plat. 1/16. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. IF. The developer shall dedicate an easement for the existing riser pole and underground distribution lines as required by Shakopee Public Utilities. lft. The exterior building materials used for the two story, split level and recreation center structures must be stucco and brick. No building permits will be issued for outlots until these outlots have been replatted. No building permits will be issued for the open space outlots except for the recreation center on Outlot A between Blocks 5 and 6. 20. The Homeowners Association will be responsible for all common facilities including, but not limited to water and sewer utilities located within the PUD. 21. All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. 22. The following variances are approved by the Shakopee City Council: a. A variance to the minimum lot size requirements. b. A variance to the requirement that the lots abut a public right-of-way. c. A variance to the interior yard setback requirements: front yard - 5 feet, side yard - 0 feet, rear yard - 5 f eet. Passed. in, r lar 'session of the Cy Counci}}.‘of thp City of Shakopee, Minnesota, held this J5 day of U.P.e1;5 _}, 1992. Mayor34- r`P a it Shakopee of � .� Y Attest: .� . L .1e/ City Clerk Approved s to form: 4,e , �+ .. ... -. City Attorney L ATTACHMENT 1 • That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet: thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEY SECOND ADDITION, according to the record plat thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEY SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY PLAT and the point of beginning; thence continue South 65 degrees 20 minutes 50 seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36.19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line a distance of 336.61 feet to a line which bears South 02 degrees 47 minutes 32 seconds West from the point of beginning; thence North 02 degrees 47 minutes . 32 seconds East a distance of 182.21 feet to the point of beginning. AND Lot 4, Block 317, WERMERSKIRCHENS ADDITION, according to the record plat thereof. AND That part of Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEY SECOND ADDITION, according to the record plat thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEY SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY PLAT and the point of beginning; thence continue South 65 degrees 20 minutes 50 seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36.19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 85 degrees 11 minutes 51 seconds West along said south line a distance of 41.33 feet to the northeasterly line of Outlot A, EAST-VIEW FIRST ADDITION, according to the record plat thereof; thence South 65 degrees 16 minutes 39 seconds East along said line a distance of 126.16 feet to the southerly extension of the east line of Lot 2, Block 1, CLIFTON FIRST ADDITION, according to the record plat thereof; thence North 00 degrees 41 minutes 35 seconds East along said extended line a distance of 90.70 feet to the southerly line Lot 2, Block 1, of said CLIFTON FIRST ADDITION; thence North 65 degrees 20 minutes 50 seconds West along said southerly line and the northwesterly extension thereof, a distance of 441.84 feet to the centerline of Dakota Stree=. according to the record plat of MACEY PLAT; thence South 00 degrees 42 r...^.;::.es 33 seconds West along the southerly extension of said centerline a distance of 36. 11 feet to the point of beginning. AND Lot 2. Block 1. CLIFTON FIRST ADDITION, according to the record plat thereof. • That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet to the point of -beginning; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEY SECOND ADDITION, according to the record plat thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEY SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY PLAT; thence South 02 degrees 47 minutes 32 seconds West a distance of 182.21 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line to the point of beginning. AND Lots 6 & 7, Block 314 and Lot 6, Block 309, all in WERMERSKIRCHENS ADDITION, according to the record plat thereof. AND THAT: Edward R. Effertz and Catherine N. Effertz, husband and wife, fee . owners and Leroy Menke and Darlene Menke, husband and wife, contract purchasers of the following described property, situated in Scott County, Minnesota, to wit: Lot 5, Block 1, MACEY PLAT, City of Shakopee, State of Minnesota. AND All that part of the abandoned right of way of the Chicago Milwaukee, St. Paul and Pacific Railroad Company in the Southwest Quarter of Section 6, Township 115, Range 22, described as follows: Beginning at the southwest corner of Lot 10, Block 3, MACEY SECOND ADDITION; thence Southeasterly along the southerly plat lines of MACEY SECOND ADDITION and MACEY PLAT to the centerline of Dakota Street; thence south along said centerline extended south to the centerline of the track as shown in Scott County Recorder's Document No. 179992; thence Northwesterly along said track centerline to a point directly south of the southwest corner of Lot 10; thence north to the point of beginning. t • RESOLUTION NO. 3742 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT OF MILWAUKEE MANOR AND THE FINAL PLAT FOR MILWAUKEE MANOR 1ST ADDITION WHEREAS, the Planning Commission of the City of Shakopee did recommend approval and has recommended itstof approvala�and ee Manor on February 4 , WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat of Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, described on Attachment 1 attached hereto and incorporated herein, are hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Sanitary sewer system to be installed in accordance with the requirements of the City Engineer. e. Improvements as provided in the Stormwater Management Plan for the entire PUD must be constructed as part of the 1st Addition. f. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. The entire segment of the Dakota Street right-of-way shall be dedicated and constructed with Phase 1 (60' width) so as to connect the two ends of the street. g. Street signs for both the public and private streets will be constructed and installed by the City of Shakopee at a cost to the developer of $250.00 each per sign pole. EXHIBIT C f • r 1 h. Cash payment in lieu of park dedication shall be required. The total Park Dedication Requirement will be required to be paid at the time of City Council approval of the Final Plat. A 40% park dedication credit shall be applied to the park dedication fees, as per Section 11.40, Subd. 4.E. i. No building permits will be issued for outlots A, B, D, F, G, H, or I. No building permits will be issued for Outlots C or E until they are replatted. j . The developer shall install a 5 foot wide sidewalk along the east side of Dakota Street. k. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. • 3. The two interior streets (Milwaukee Court and Milwaukee Road on the Preliminary Plat) shall be private driveways. 4. A minimum of 20 percent of the total useable area of the PUD, excluding the Dakota Street right-of-way, shall be provided for open space. Lot 1, Block 6 is a part of the required open space and is designated for the recreation center and open space uses only. 5. The proposed recreation center to be located on Block 6 shall be designed as to be accessible to the handicapped. 6. One major deciduous tree shall be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the Milwaukee Manor PUD. A total of 15 coniferous trees shall be planted approximately every 30 feet along the east boundary of the PUD. 7. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. Professional soils engineering involvement will be required within the building sites that have been filled. 8. The developer shall be responsible for grading as approved by the City Engineer. 9. Approval of the Preliminary and Final Plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 10. The exterior building materials used for the two story, split level and recreation center structures must be stucco and brick. MMEMMEMEMMEMMMMEMEMI • • 11. The Homeowners Association will be responsible for all common facilities and utilities located within the PUD. The use of the open space is restricted for park and recreational purposes and cannot be eliminated without the consent of the City Council. 12. All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. 13. With the approval of the Final Development Plan for the Milwaukee Manor Planned Unit Development, the following variances are approved by the Shakopee City Council: a. A variance to the minimum lot size requirement; b. A variance to the requirement that lots abut aipublic right-of-way; and • c. A variance to the interior side yard setback • requirements to allow construction with a zero foot setback. 14. The developer shall submit a revised Final Plat using the name, "Milwaukee Manor 1st Addition" prior to the recording of the final plat. 15. Prior to the recording of the Final Plat, an Erosion Control Plan must be approved by the City Engineer. 16. Prior to the recording of the Final Plat, final construction plans for all public improvements must be approved by the City Engineer. 17. Prior to the recording of the Final Plat, the Final Plat must be revised to include additional easements for an existing riser pole and underground distribution lines as required by Shakopee Public Utilities. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Mi e• ta, held this /115' , day of , 1993. Mayor t 4�ty of Shakopee Attest: Ill _ City Clerk Approved as to form: �,�_ . A:„.47 City Attorney • • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R Michael Leek,Planner II SUBJECT: Appeal of the Decision of the Board of Adjustment and Appeals regarding PC-757, A Resolution Denying a Request for Variance to Permit Construction of a Metal Building with a Metal Facade on Property within the Heavy Industrial(1-2)Zone DATE: August 8, 1996 Introduction: Shakopee Services, Inc., requested a variance from City Code Sec. 11.60, Subd. 4(C)(Construction Materials). At its July 11, 1996, meeting, the Board of Adjustment and Appeals denied the request for variance based on its findings. The applicant is appealing the denial of the request for variance. Accompanying this report is the following documentation: Exhibit A, Letter from Shakopee Services, Inc., requesting the appeal; Exhibit B, Copy of the July 11, 1996, Board of Adjustment and Appeals staff memo, including the resolution of denial as amended; Exhibit C, Copy of the portion of the Minutes from the July 11, 1996, meeting of the Board of Adjustment and Appeals. Discussion: The Shakopee Board of Adjustment and Appeals held a public hearing regarding this request at its July 11th meeting. The Board modified the Findings presented with the Staff Report, but did conclude that Criterion 1.E, regarding economic considerations, was not met. The request for variance was thus denied. City Code Section 11.89(Variances) Subd. 6(Appeal), sets forth the procedure for appealing a decision of the Board of Adjustments and Appeals, and states as follows; "Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a variance may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall be in writing and shall include a statement of the alleged errors or omissions of the Board." (Underline added) r APPEALSS.DOC/RML • • In reviewing an appeal, the City Council's role is to determine if the Board made any errors or omissions in reviewing the request and reaching its findings, as opposed to reviewing the request"de novo". Alternatives: 1. Uphold the decision of the Board of Adjustment and Appeals and affirm its denial of the request for variance. 2. Overturn the decision of the Board of Adjustment and Appeals, stating the specific errors and/or omissions made by the board, and grant the request for variance. 3. Table the decision regarding the appeal to allow the applicant and/or staff to provide additional information. Action Requested: Offer and approve a motion directing staff to prepare a resolution denying the appeal and upholding the decision of the Board denying the request for variance. The Council would move adoption of the resolution at its next Council meeting. R. Michael Leek Planner II • APPEALSS.DOCIRML 2 • • SHAKOPEE SERVICES, INC. ESTABLISHED in 1962 July 19. 1996 R. Michael Leek - Planner II /Zoning Administration 1996 City of Shakopee 129 South Holmes Street Shakopee, Mn 55379 Dear Mr. Leek: Shakopee Services, Inc. respectfully submits this request for an appeal of the Board of Adjustment and Appeals resolution no. PC-757 denying to permit construction of a metal sided building in an I2 zone. We cite the following errors and omissions in the Boards findings. 1. While the Board did find the variance would be in keeping with the spirit and intent of the zoning chapter and unanimously agreed the variance would not alter the essential character of the locality, they failed to consider the limits and uniqueness of a property on limerock and with out city sanitary sewer. 2. The Board found that "Reasonable" use of the property exists. We feel the ostentatious structure required by the provisions of the zoning chapter is unreasonable, impractical and unfeasible considering the intended use of the proposed structure as an accessory storage building. 3 The fact that the proposed building is adjacent to non-complying structures on three sides and that city staff and the Planning Commission are currently considering a text amendment that would allow steel siding for future buildings was only considered by three of seven board members. 4. The Board omitted to recognize that in over thirty years of business in the City of Shakopee, Shakopee Services, Inc. has never had a complaint regarding the current steel building- or facility, and that as a family living and working in the city we are equally interested in assuring our city has attractive buildings and well maintained properties. Your time and consideration are appreciated. can'vi Marschall Shakopee Services. Inc EXHIBIT A 730 West Third Avenue Shakopee Minnesota 55379 (612)445-1166 Return C'0i71 Tele A) )1i(w/ion To The Shako e Pianti itto Department Part !: APPLICANT APPLICATIO,\' LICA,\T INFpR1ATlON - 'H! 1 9 1996 CITY OF SHAKOPEE r 129 South Holmes Shakopee Street �_�`__ '[N 55379 (61 2) 445-3650 e nlv: t Date Filed: E:E0Pe r: Fili/, • Rece— , '" City, State,Zip: l itr 1 z// Current Propert �� y Owner: - Phone: ;_ J J - Street C- ,i . Address: r)G. City, State,Zip: .onsultant/Engineer: Phone: street Address: ►ty, State,Zip: Phone: plication Fees: CHECK Appeal Decision of City Staff to BO AA FEE ONE $ 100.00 OAA • A• 'ea)Decision ohB to City Council milted this 1..A49"/g $ 100.00 .....Z day of _ , 19 eplicant's Signature 1/41 ..a::is three days from the al,I,lua joperty Owner's Signathon de.,.fline to review applications �ri �' ure ! ,ration+for completeness. Only complete a,,I .. 1 1 • ' � APPEAL APPLICATION Part I1: CASE INFORMATION 1. Type of Appeal Requested: A. Appeal of the Decision of the City Staff to the Board of Adjustment and Appeals. L/ B. Appeal of the Decision of the Board of Adjustment and Appeals to the Shakopee City Council. 2. Request for A al f which portion of the Zoning Ordinance? Section: I I - 0 Subdivision: a, Page: 3. Current legal descriptions of all parcels involved in the appeal request: (Attach on separate sheets of 8-1/2" by 11" paper if too lengthy.) Parcel A: L.61 6 6/ock 416 Parcel B: Parcel C: Parcel D: • 4. Current Property ID Numbers: 27- 66 1--a.9.5--0 27- 27- 27- 5. Property Size: 5 09 6 0 ,ro rF �P�T 6. Present Zoning: I- 7. Additional Information that you feel will assist the Board of Adjustment and Appeals or the City Council in understanding and evaluating your request: Pcoptri'/ /s no-/ Strut c td 6-71y , SQr rlLa r// Sew, and is on lirrgrock) /Voile of adJac-mi' .buildings eenv y tt.r w21/(4 fon ha.s bu n. in .sin C' • r�f.f ►�,' "7' 4,ri / athrlt° We 'v? awa// ed_ o r7ihcorye /ny .fixe RmceA 1. .1 ain mend:. -e J baf .pa bl'c /i€artg5 have an 71a-164.d /ytaKIA.c /4 a rain . (1/7-el 2 Lk' /Lud heti/ci j. • • • APPEAL APPLICATION Part III: SUBMITTAL CHECKLIST Your submittal must include the following information in order to be considered an application for an Appeal of the Decision of City Staff or Board of Adjustment and Appeals. Check all boxes under the "Applicant Submitted" column indicating completion of the corresponding requirement. If the listed requirement is not applicable, please note reason(s) in the left hand margin. • .Applicant City Submitted Received C, ❑ 1. Completed Appeal Application (three parts) and paid fee. _A. Application: Application for approval of the Appeal. B. Paid Fee. C/ ❑ 2. Cover letter. Describe the reasons for the request for an appeal, and what kind of appeal is requested: A) City Staff(appeal to BOAA); or B) Board of Adjustment and Appeals (appeal to City Council). ❑ ❑ 3. Other information as required by Planning Staff :.\PITALAP3} - Revesod 12/94 3 • • MEMO TO: Shakopee Board of Adjustment and Appeals FROM: R. Michael Leek,Planner II MEETING DATE: JULY 11, 1996 RE: Variance Request from Shakopee City Code, Section 11.60, Subd. 4 (C)(Construction Materials)to permit an all steel-sided building in the Light Industry(I1)Zone. SITE INFORMATION Applicant: Shakopee Services, Inc. by Jean Marschall Location: 730 West Third Avenue(Lots 6, 7, 8, 9, 10,Block 40 and the North 1/2 of the vacated alley and the West 1/2 of vacated Cass Street, City of Shakopee, Scott County,Minnesota Current Zoning: Light Industry (I-1) Adjacent Zoning: North: Heavy Industry(I-2) South: Light Industry(I-1) East: Heavy Industry(I-2) Old Shakopee Residential(R-1C) West: Old Shakopee Residential(R-1C) Comp.Plan: 1980: Medium Density Residential Draft 1995: Light Industrial Lot Size: 50,960 square feet MUSA: The site is within the MUSA. INTRODUCTION The applicant is requesting a variance from Shakopee City Code, Section 11.60, Subd. 4 (C)(Construction Materials) to permit an all steel-sided building in the Light Industry (11) Zone. Exhibits are attached as follows: Exhibit A,Zoning Map;Exhibit B,Proposed Site Plan. BACKGROUND AND DISCUSSION Under the current City Code, Section 11.60 Subd. 4(C),"In the industry zones, face brick, stone, glass, wood, architecturally treated concrete, decorative block, painted block, cast in place or precast concrete panels, or similar materials shall be used for any portion of a structure facing a street." EXHIBIT B • The proposed building would have one side totaling 128 feet in length facing Third Avenue. The applicant proposes to construct a"Lester"building having post and beam construction and steel siding. This steel siding is not a material similar to the other types of material specified in the City Code. Staff has been preparing a text amendment to permit metal-sided buildings whose quality and appearance are consistent with the intent of the current zoning ordinance. Variance Resolution No. PC-757, if approved by the Board, would deny the requested variance. FINDINGS Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided draft findings on each criterion. The Board of Adjustment and Appeals may use or modify these draft findings as it sees fit: Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding I.A.. The Board finds that the property can be put to a reasonable, in fact the same, use if the applicant is required to comply with building material requirements. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.11 The Board finds that the plight of the landowner is due to economic considerations related to the relative cost of the proposed building if constructed solely of metal rather than in compliance with the building materials requirements Such economic considerations are not unique to the subject property. 1.C. The circumstances were not created by the landowner; Finding 1.C The circumstances result from economic considerations which are the subject of the landowners discretion. 1.D. The variance, if granted,will not alter the essential character of the locality; and Finding 1.D. The Board finds that the variance would alter the essential character of the locality. • • 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The problems relate specifically to economic considerations. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2 The purposes of the Zoning Chapter are stated in Section 11.01, Subci 2, as follows: "This Chapter is enacted to promote the public health, safety, and general welfare of the City of Shakopee through the following: A. Encouraging the planned and orderly development of residential, business, industrial, recreational, and public land; B. Providing adequate light, air, and convenience of access to property; C. Limiting congestion in the public right-of-way; D. Preventing overcrowding of land and undue concentration of population and structures; E. Providing for the compatible integration of land uses and the most appropriate use of land; F. Encouraging development in accordance with the City's comprehensive plan; G. Conserving the natural beauty and environmental assets of the City; H. Protecting water resources and water quality; I. Facilitating the provision of water, utilities and sewage disposal to property as appropriate; J. Protecting the population from fire and other hazards to public safety; and K Providing for the administration of this Chapter and amendments to it, defining the powers and duties imposed by this Chapter and prescribing penalties for violation of its provisions." This variance request is not in keeping with the spirit and intent of the Zoning Chapter. Criterion 3 The request is not for a use variance. Finding 3 A variance to the building materials requirements is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. • • Finding 4 No conditions are proposed to be imposed ALTERNATIVES 1. Approve Variance Resolution No. PC-757, denying the request to construct an all-metal building in the Light Industry(1-1)Zone. 2. Modify the draft findings consistent with the Board's findings and conclusions. 3. Do not approve Variance Resolution No. PC-7547. 4. Table the decision and request additional information from staff and/or the applicant. STAFF RECOMMENDATION This application does not appear to meet all of the above criteria for granting a variance. Therefore, staff is recommending the approval of Variance Resolution No. PC-745, denying the requested variance. ACTION REQUESTED Offer Variance Resolution No. PC-757, A Resolution denying the requested variance. (NOTE: If the Board of Adjustment and Appeals concurs with the recommendation of Staff, the Board of Adjustment and Appeals should offer a motion TO DENY the variance request, with findings.) • • • • VARIANCE RESOLUTION NO. PC-757 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A VARIANCE TO PERMIT CONSTRUCTION OF A METAL-SIDED BUILDING ON PROPERTY WITHIN THE HEAVY INDUSTRIAL(12)ZONE WHEREAS, Shakopee Services, Inc. has filed an application dated June 1996, for a variance under City Code Chapter 11 (Zoning), Section 11.60, Subd. 4 (C)(Construction Materials), for a variance to permit an all metal building, instead of one using the materials identified in the Code Section above on the building side facing the street; and WHEREAS,this parcel is presently zoned Light Industry(I-1); and WHEREAS,the property upon which the request is being made is legally described as: Lots 6, 7, 8, 9, and 10, Block 40, and the North 1/2 of vacated alley and West 1/2 of vacated Cass St., City of Shakopee, Scott County,Minnesota;and WHEREAS, notice was provided and on July 11, 1996, 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. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Variance Resolution No. PC-757 is hereby DENIED, and said denial is based on the following finding(s) with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances." Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; The Board finds that the property can be put to a reasonable use if used under conditions allowed by the official controls. SHAKSVC.DOC/RML 4 • • • 1.B. The plight of the landowner is due to circumstances unique to the property; The Board finds that the plight of the landowner is due circumstances unique to the property. 1.C. The circumstances were not created by the landowner; The circumstances were not created by the landowner. The circumstances result from unreasonable controls in the current Zoning Ordinance that prevent the landowner from using quality building materials. 1.D. The variance, if granted,will not alter the essential character of the locality; and The Board finds that the variance, if granted, would not alter the essential character of the locality. I.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. The problems relate specifically to economic considerations. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. The Board finds that this variance request is in keeping with the spirit and intent of the Zoning Chapter, and would not serve to further advance the Zoning Chapter's stated purposes of encouraging the planned and orderly development of residential land; providing adequate light, air, and convenience of access to property; limiting congestion in the public right-of-way; and facilitating the provision of water, utilities and sewage disposal to property as appropriate. Criterion 3 The request is not for a use variance. The Board finds that this request for a variance from the building material requirements and is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and to protect the adjacent properties. Because the variance request does not meet the criteria above, the request is denied and thus no conditions will be imposed. SHAKSVC.DOC/RML 5 • • Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 11th day of July, 1996. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director SHAKSVC.DOGRML 6 AFFIDAVIT STATE OF MINNESOTA ) ) ss. OFFICE OF CITY CLERK COUNTY OF SCOTT ) I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that I have compared the attached copy of Resolution No. PC-757 with the original record thereof preserved in my office, and have found the same to be a correct and true copy. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at City of Shakopee, Iviinnesota, in the County of Scott on the day of , 19 . Judith S. Cox, City Clerk Prepared by: THE CITY OF SHAKOPEE 129 South Holmes Shakopee, MN 55379 SHAKSVC.DOC/RML 7 • • OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota July 11, 1996 MEMBERS PRESENT: Mars,Joos,Madigan,Link,Meilleur,Romansky and Brekke MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta, Community Development Director Julie Baumann,Planner I R. Michael Leek,Planner II Joel Rutherford, Assistant City Engineer Clare Link,Recording Secretary 1. ROLL CALL Chairman Joos called to meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF JUNE 6, 1996 MEETING MINUTES The minutes were approved as submitted. 4. RECOGNITION OF INTERESTED CITIZENS Chairman Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A VARIANCE TO THE CITY CODE TO CONSTRUCT A STEEL-SIDED ACCESSORY BUILDING FOR BUS STORAGE IN THE HEAVY INDUSTRIAL (1-2) ZONE, LOCATED AT 730 WEST THIRD AVENUE. Mr. Leek noted this is a request for a variance for building materials. The applicant wishes to construct a steel-sided accessory building. He reviewed the criteria for approval of the request. It is staffs belief this is essentially an economic issue, and staff recommends denial of the request. He stated this is an issue where background information is being requested to amend the building materials section, and information has not yet been received. EXHIBIT C • • • City of Shakopee Board of Adjustment and Appeals July 11, 1996 Page 2 Commissioner Mars asked if it is just the front of the building that is to be steel-sided. Mr.Leek replied that is correct. • Commissioner Brekke asked if the Board were to approve the request, would the City still have control over the quality and aesthetics of the building. What criteria would be used. Leek replied there wouldn't be any criteria to be used. He noted this request is for a specific type of building. Community Development Director Bilotta stated there is always criterion four where there would be some degree of flexibility. Commissioner Link noted there is an existing steel building in this area now. Mr. Leek stated the point to keep in mind is the pre-existing condition, and it is the City's intent to mitigate the non-conforming uses. Commissioner Mars asked what process Rahr Malting went through in order to have a steel- sided building. The Community Development Director stated they got approval through another process, conditional use for high buildings. Jean Marshall. 600 Hennes discussed the special and unusual characteristics of the proposal which qualify for a variance approval. She noted the site is not serviced by City services. The site is very limited, because the building sits on a bed of limerock. She discussed the use of the accessory building to park buses. She stated the use of the building for this purpose would not, in her opinion, be cost effective if different building materials are required. She reviewed pictures of the site. She stated hardship extends beyond economic considerations. She believed the function of the building is the hardship. She believed the proposal is in keeping with the spirit and intent of the Zoning Chapter. Commissioner Joos reviewed the current language of the ordinance and discussed its inflexibility. Mr. Leek explained the purpose of the Zoning ordinance as it relates to development in this area. Commissioner Joos asked how the building would be constructed to make it pleasing to the eye. Ms.Marshall discussed the maintenance of the building which is almost none at all. Extensive work on the grounds has been done over the past five years. She stated they are also planning to fence around the building. MOTION: Commissioners Mars/Madigan offered a motion to close the public hearing. • City of Shakopee Board of Adjustment and Appeals July 11, 1996 Page 3 VOTE: Motion carried unanimously. Commissioner Joos noted all Findings must be found 'favorable in order to approve this variance request. Commissioner Brekke discussed the difficulty of making a decision on this request. He stated he is not comfortable with the findings as written. MOTION: Commissioners Madigan/Link offered a motion to offer Variance Resolution No. PC-757, A Resolution denying the requested variance. and based on the following criteria: Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the property under consideration. Undue hardship means the following: JA. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Commissioner Mars believed this to be correct. Commissioner Brekke believed it cannot be put to a reasonable use based on the knowledge the City is working on changing the ordinance. Commissioner Joos stated an assumption is being made it will happen. Commissioner Link stated he has a real problem with this. Commissioner Mars stated the request is to beautify the front of a building He noted the front is facing industrially zoned areas. Commissioner Brekke stated the City is looking at changing the ordinance and the Planning Commission and applicant are aware of it. He believed it is unreasonable for the applicant to use stone or wood on the building. He believed the property cannot be put to a reasonable use. Commissioner Joos stated if we make this finding, it will be a precedent, and this needs to be kept in mind • S • City of Shakopee Board of Adjustment and Appeals July 11, 1996 Page 4 Commissioner Brekke asked if the Board is bound by precedent. Mr. Leek stated the City is not bound by precedent- if a bad decision is made,you are not required to make it over and over again. MOTION: Commissioners Brekke/Madigan moved that the Boardf ads that the property cannot be put to a reasonable use. Meilleur, Brekke, Link-no;rest-yes VOTE:Ayes-Romansky, Joos, Mars and Madigan. Nays-Meilleur, Brekke, Link Motion failed I.B. The plight of the landowner is due to circumstances unique to the property. MOTION: Commissioners Madigan/Brekke offered a motion to find that the plight of the landowner is due to economic considerations related to the relative cost of the proposed building if constructed solely of metal rather than in compliance with the building materials requirements Such economic considerations are not unique to the subject property. VOTE:Motion carried unanimously. 1.C The circumstances were not created by the landowner. MOTION: Commissioners Madigan/Mars offered a motion to find that the circumstances result from economic considerations which are the subject of the landowners' discretion. Commissioner Brekke stated he does not agree with the finding. Commissioner Link concurred VOTE:Ayes-Joos, Madigan, Romansky. Nays-Meilleur, Mars, Brekke, and Link Motion carried MOTION: Commissioners Brekke/Meilleur offered a motion to find that the circumstances result from unreasonable controls in the current Zoning Ordinance that prevent the landowner from using quality building materials. VOTE:Ayes-Joos, Romansky, Meilleur, Mars, Brekke and Link Nays-Madigan. Motion carried • ! City of Shakopee Board of Adjustment and Appeals July 11, 1996 Page 5 1D. The variance, ifgranted will not alter the essential character of the locality. Commissioner Mars stated the as proposed metal building would not alter the locale Motion: Commissioners Mars/Brekke moved to offered a motion to find that the variance would alter the essential character of the locality. Vote: Motion carried unanimously. 1E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Commissioner Brekke asked if current zoning requirements have aiything to do with the function of the building. Mr. Leek stated the clear intent of the ordinance is to regulate appearance. Commissioner Brekke agreed with staff sfin ding. MOTION: Commissioners Madigan/Romanzsky offered a motion to find that the problems relate specifically to economic considerations. VOTE:Motion carried unanimously. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2: The purposes of the Zoning Chapter are stated in Section 11.01, Subd. 2, as follows: "This Chapter is enacted to promote the public health, safety, and general welfare of the City of Shakopee through the following: A. Encouraging the planned and orderly development of residential, business, industrial, recreational, and public land; B. Providing adequate light, air, and convenience of access to property; C. Limiting congestion in the public right-of-way; D. Preventing overcrowding of land and undue concentration of population and structures; E. Providing for the compatible integration of land uses and the most appropriate use of land; F. Encouraging development in accordance with the City's comprehensive plan; G. Conserving the natural beauty and environmental assets of the City; • City of Shakopee Board of Adjustment and Appeals July 11, 1996 Page 6 H. Protecting water resources and water quality; I. Facilitating the provision of water, utilities, and sewage disposal to property as appropriate; J. Protecting the population from fire and other hazards to public safety; and K. Providing for the administration of this Chapter and amendments to it, defining the powers and duties imposed by this Chapter and prescribing penalties for violation of its provisions." MOTION: Commissioners Brekke/Meilleur offered a motion to find the request is in keeping with the spirit and intent of the Zoning Chapter. VOTE: Ayes - Madigan, Meilleur, Brekke, Link and Romansky. Nays - Mars and Joos. Motion carried. Criterion 3: The request is not for a use variance. MOTION: Commissioners Mars/Romansky offered a motion to find a variance to the building materials requirements is not a use variance. VOTE:Motion carried unanimously. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and to protect the adjacent properties. MOTION: Commissioners Mars/Madigan offered a motion to find no conditions are proposed to be imposed. VOTE: Motion carried unanimously. • MOTION: Commissioners Brekke/Romansky offered a motion to amend Findings. VOTE: Motion carried unanimously. ORIGINAL MOTION AS AMENDED: Motion carried unanimously. 6. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE FOR A CHURCH OR PLACE OF WORSHIP FOR ST. JOHN'S LUTHERAN a 12) CITY OF SHAKOPEE 14' I Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Architectural Contract DATE: July 31, 1996 INTRODUCTION: The Mayor and Council are asked to approve a contract with BKPR and Associates, for the provision of architectural design services for the proposed fire station. BACKGROUND: In May, 1996, a committee previously formed to review qualifications of architectural firms recommended that Boarman, Kroos, Pfister, Rudin and Associates, Inc., of Minneapolis, be the firm which would provide design services for the proposed new fire station. Prior to her departure, City Attorney Karen Marty drafted a contract for architectural services. This would be for phase one and two, which involves space needs assessment, and preliminary design. That contract proposal was considered by BKPR;the only modification which they made from her draft is in section 6. In that, BKPR specifies that, in addition to the 7% design fee, the contract also reflect compensation for reimbursable expenses as outlined in their original proposal. This would be for actual expenses incurred in the production of the plans, such as prints, mylars, reproductions, postage, and travel. This language is similar to that contained in standard contracts utilized by the American Institute of Architects. BUDGET IMPACT: Protects fee for basic services for phase I and phase II of the contract will be based upon 7% of the construction cost, with compensation is on an hourly basis with a not to exceed $21,000 maximum. In addition to that, the actual expenses for reimbursables will also be included. BKPR indicates reimbursable expenses for a project of similar size and scope should run in the vicinity of $ 1,000.00, through the referendum. If a referendum is approved in November, these fees will be chargeable to the fire station project. If, however, the referendum is not approved, reimbursement for these costs will need to come from reserve funds or other sources then approved by the Council. ACTION REQUIRED: If the Council wishes to enter into the contract, it should, by motion, authorize the appropriate City officials to execute the attached consultant contract by and between the City of Shakopee, and Boarman, Kroos, Pfister and Rudin and Associates of Minneapolis. litiklAkuttAx‘ Mark McNeill City Administrator MM:tw h 7 MEMO TO: Mayor and City Council /JD D FROM: Barry A. Stock, Acting City Administrator RE: Fire Station Architect Selection DATE: May 10, 1996 INTRODUCTION: On May 9, 1996 a committee comprised of the Acting City Administrator, Mark Huge, Mary Athmann and Cletus Link interviewed architects for the Shakopee Fire Station Project. The committee unanimously has endorsed the selection of Boarman, Kruss, Pfister, Ruden and Associates, Inc. (BKPR)for this project. BACKGROUND: Last month, formal requests for proposals were solicited from four architectural firms that have experience in constructing fire stations. The following firms were interviewed on May 9th: 1) JEA Architects, 2) Tushie Montgomery Associates, 3)BKPR and 4)HTG Architects. Each of the architects interviewed have excellent qualifications and experience. The team interviewed each architect and entertained responses to a series of questions. The committee has unanimously endorsed the selection of BKPR for the following reasons: 1. Most extensive fire station experience. 2. Willingness to negotiate fee if a similar design is selected from a previous project that the architect has completed. 3. Construction administrator included in design services. The construction administrator provides field observation, scheduling, coordination and execution of the intent of all documents through construction completion. None of the other architects interviewed offered this service. 4. In-house structural, mechanical and electrical engineers. Upon interviewing the architectural firms, and discussing the need for construction management services with each of the architects, the committee believes that given the size of this project that it may be more cost effective to proceed with a traditional general contractor approach for this project. The committee felt comfortable that with the large amount of previous fire station experience possessed by BKPR and the construction administrator component of their proposal. Given the size of this project, it is uncertain whether any economies of scale could be achieved by utilizing a construction manager. If City Council endorses the committee's recommendation, the architect will immediately begin to meet with the appropriate City staff to complete a space needs assessment. This process will be followed by the development of conceptual design options. Formal design direction will then need to be completed. Upon completion of the formal design, a series of cost estimates will be established. If the cost estimates are within the budget parameters set by City Council, the conceptual design, schematic design, site plan, floor plan and building elevations will be utilized to prepare referendum literature to be distributed to the public. If the referendum passes, the architectural firm will then move into the final design phase. Construction documents, plans and specifications will then be developed so that bidding can take place early in 1997 which will provide for the construction of the facility next Spring. ALTERNATIVES: 1. Authorize the appropriate City officials to retain the services and execute documents as needed for architectural services to be provided by Boarman, Kruss, Pfister, Ruden and Associates, Inc. 2. Select on of the other architectural firms to complete the design services for the Shakopee Fire Station Project. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to retain the services and execute documents as needed for architectural services to be provided by Boarman, Kruss, Pfister, Ruden and Associates, Inc. • =� FRoM ORt&i t.. _44 RkotPoSN L 1.1 IBKPR & ASSOCIATES FEE PROPOSAL BKPR, as a service firm,is compensated on an hourly basis with a not-to- exceed fixed fee maximum. Therefore, the designer is compensated on the basis of service invested in the project work. I Hourly Rates: -ll Project Principal $97-128 Interior Designer $38-72 Project Manager $66-76 Engineering $46-88 Project Architect $42-70 Construction Admin. $70 _] PHASE I-Pre-Referendum Space Needs Analysis/Schematic Design i i 1. Space Needs Assessment 2. Schematic Design 3. Project Team Meetings 1 PHASE H -Referendum Approval/Architectural Design Services for Implementation ] 1. Design Development 2. Construction Documents 3. Bidding Phase 4. Construction Phase IF.� The Architect's fee for basic service for Phase I and Phase H for the construction I of the new Shakopee Fire Station will be based on 7% of the cost of construction. Compensation is on an hourly basis with a not-to-exceed fixed fee maximum. Reimbursable Expenses: Expenses of prints,mylars,reproductions, postage and travel shall be billed at cost to the client. We can provide the client with an estimate of the reimbursable expenses for this project based on the other projects of similar size and scope. 1 Additional Expenses: Additional services, if requested, will be billed at standard hourly rates. —1 Compensation can be based on a percentage of the cost of construction of the work scope change,or hourly, with a not-to-exceed amount, whichever is most appropriate. 1 Summary of Insurance Coverage: Our current limits of professional liability provide for$1,000,000 each occurrence and$1,000,000 annual aggregate. 3 PAGE 2 3 CONSULTANT CONTRACT THIS CONTRACT, made and entered into this day of , 1996, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, Minnesota 55379, and Boarman Kroos Pfister Rudin & Associates, Inc. , hereinafter referred to as the "Consultant" with offices at 222 North Second Street, Minneapolis, MN 55401 . WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render certain technical and professional services hereafter described in connection with a project more particularly described in Exhibit A; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal . NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows : 1 . Services . The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A. 2 . Addition to Services. The City may add to the Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof . The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the City Administrator and shall be accepted and countersigned by the Consultant. 3 . Exchange of Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4 . Personnel . The Consultant represents that the Consultant will secure at the Consultant' s own expense, all personnel required to perform the services called for under this contract by the Consultant . Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Consultant . All of the services required hereunder will be performed by the Consultant or under the Consultant' s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5 . Term. The services of the Consultant shall commence as soon as practicable after the execution of this contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit A. 6 . Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract . It is expressly understood that in no event will the total compensation for basic services to be paid to the Consultant under the terms of this contract exceed the sum of $21, 000 for all services required prior to the referendum, unless specifically and mutually agreed to in writing by both the City and the Consultant. If the referendum passes, then additional services may be required. The total compensation for basic services to be paid to the Consultant under the terms of this contract for both pre-referendum and post-referendum work shall not exceed Seven Percent (7%) of the cost of construction. No change in these compensation limits shall be made unless there is a substantial and significant difference between the work originally contemplated by this contract and the work actually required. The Consultant shall be compensated for reimbursable expenses, i .e. , printing of documents, transportation, phone usage, fax, photocopies, sepias, prints and mylars at costs . All reimbursable expenses are billed with no markup in addition to the basic services fee. The Consultant will bill services monthly on an hourly basis at rates as stated in the proposal . Consultant' s hourly rates for each discipline may change effective January 1 of each year that work is performed. However, this change would not increase the total basic services fee paid by the City to the Consultant. 7 . Termination. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner the Consultant' s obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. City may without cause terminate this contract upon thirty (30) days prior written notice . Specifically, the City may terminate this contract if the referendum for financing of the fire station fails. In the event of a termination, all finished or unfinished documents, data, stud- ies, surveys, drawings, maps, models, photographs, and reports or 2 other materials prepared by the Consultant under this contract shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials . Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant. 8 . Conflicts . No salaried officer or employee of the City, and no member of the City Council shall have a financial interest, direct or indirect, in this contract . A violation of this provision renders the contract void. Any federal regulations, and applicable state statutes shall not be violated. 9 . Assignment . The Consultant shall not assign or transfer any interest in this contract, without prior written consent of the City thereto. 10 . Confidentiality. Any reports, data, or similar in- formation given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential, or which is protected under Minn. Stat . Chapter 13, shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 11 . Interest . The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract . The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 12 . Discrimination. The Consultant agrees in the performance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age, against any employee of the Consultant or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. The Contractor shall be bound by and comply with the provisions of Minn. Stat . Sec. 181 . 59 as fully as if it were set forth verbatim herein. 13 . Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of the Consultant' s agents or employees as agents or employees of the City of Shakopee, Minnesota. 14 . City Benefits. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker' s Compensation Program of the City. 3 15 . Liability and Indemnity. The parties mutually agree to the following: a. The Consultant shall hold the City harmless and agrees to defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses due to Consultant' s negligent or wrongful acts or omissions. b. The Consultant assumes full responsibility for relations with subcontractors, and shall hold the City harmless and shall defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract . 16 . Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the City and the Consultant at the address shown above. The date of delivery of any notice shall be the date fall- ing on the second full day after the day of its mailing. 17 . Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. CONSULTANT CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared By: Karen Marty City Attorney 129 S. Holmes St . Shakopee, MN 55379 [2 8MEMO2] [07-25-96] 4 0, 6 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Site Purchase DATE: July 31, 1996 INTRODUCTION: The Council is asked to consider a purchase agreement for the proposed purchase of 14.51 acres from Eugene Hauer, for siting of the new fire station, and other future city uses. BACKGROUND: The former Acting City Administrator negotiated with Eugene Hauer for a site located at the SW corner of Vierling Drive and C.R. 16. Approximately 5 of the 14.51 acres would be used for a fire station site if approved by Shakopee voters at a referendum this November. The balance would be held for other city purposes in the future. A summary of the negotiations to date for cost is attached. Note that the current Hauer position #3 is as a result of an additional estimated $36,275 in pending assessments which is a result of the C.R. 16 sanitary sewer project. As I understand it, the City's negotiator was unaware of these pending assessments, relying upon information which he received from the owner; only after a assessment search was done did this become part of the negotiations. It adds $2,500 per acre. I spoke with Mr. Hauer about this; he indicates that he was aware of the pending assessments, and that was part of the negotiations which was agreed to. He is not interested in changing his position at this time. Budget Impact: The additional $36,275 will mean the cost per acre will be $26,500, or a total of$384,515. If as proposed in the Hauer position, it will be some $65,295 in excess of the appraised value done earlier this year by Peter Patchin. In addition, there are future trunk water charges (SPUC) in the amount of$16,358 which the City has agreed to pay. ALTERNATIVES: The alternatives for this situation are as follows: 1. Accept Mr. Hauer's position and have the cost of the land included as part of the fire station project. 2. Reject the position, and attempt to negotiate further. 3. Reject the proposal, and begin the process to search for a new site. 4. Condemn the parcel. From my discussions with Mr. Hauer, he does not want to negotiate further on this; it also is the site of which the Fire Department is supportive. Proposed Contract: If Council agrees to the amount proposed by Mr. Hauer, the attached purchase agreement should be considered. It contains a closing date of August 15, 1996. It is correct in that the purchase price to be paid to Mr. Hauer remains at $348,240, and does not reflect the pending future assessments. ACTION REQUIRED: If the Council agrees to accept the proposal of Gene Hauer, it should, by motion, authorize the Mayor and City Clerk to enter into the purchase agreement as attached. If it wishes to select a different alternative regarding acquisition or price of this parcel, it should so direct. If needed, the Council may defer to consider this as part of an overall fire station project discussion tentatively set for August 13th. flAS ktiu Mark McNeill City Administrator MM:tw InaliVIVA1 1 Fire Station Negotiations Hauer Site- 14.51 acres -Vierling Dr. Appraised Value -$22,000 acre @ 14.51 =$319,220 City Position#1 -$22,000 acre. 5 acre outright purchase with balance on Hauers Position#1 -$30,000 acre @ 14.51 =$435,300 City Position#2 -$23,100 acre and City to pay future trunk water charges($16,358). Hauer Position#2=$25,000 acre and City to pay future trunk water charges. ($362,750) City Position#3 2X 524,000 acre and City to pay future trunk water charges. (5343,240) PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS", which disclaims any liability arising out of use or misuse of this form. 1. Date 2. Page 1 of Pages a RECEIVED OF the City of Shakopee, Minnesota, 4. 5. the sum of Five Hundred and No/100 Dollars ($ 500.00 6. by CHECK-0231X75CCAIXas earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or 7. before the next business day after acceptance, in a trust account of listing broker but to be returned to Buyer if Purchase 8. Agreement is not accepted by Seller. Said earnest money is part payment for the purchase of the properly located at: 9. Street Address: the South West corner of Vierling Drive and County Road 16, Shakopee Scott 10. City of County of , State of Minnesota, 11. Legally described as: (See attached Exhibit A. ) 12. 13, including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs, and 14. trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting 15. fixtures and bulbs; plumbing fixtures, water heater, healing plants (with any burners, tanks, stokers and other equipment used in 16. connection therewith),built-in air conditioning equipment,electronic air filter,Water Softener OWNED/RENTED/NONE, built-in humidifier 17. and dehumidifier, liquid gas tank and controls (it the property of Seller), sump pump; attached television antenna, cable TV jacks 18. and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top stoves, microwave ovens, hood fans, 19. intercoms; ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and 20. heatilators; AND: the following personal property: None. 21. - -- - 22. 23. all of which property Seller has this day agreed to sell to Buyer for sum of: ($ 348,240.00 24 Three Hundred Forty-Eight Thousand, Two Hundred Forty and No/100 Dollars, 25. which Buyer agrees to pay in the following manner: Earnest money of $ 500.00 26. and $ 347,740.00 cash on August 15, 1996 ,the date of closing, and 27. the balance of$ -0- by financing in accordance with the attached addendum: 28. Conventional FHA VA Assumption Contract for Deed Other: 29. This Purchase Agreement NEN IS NOT subject to a contingency addendum. (If answer is IS, see attached addendum.) 30. This Purchase Agreement A ( IS NOT subject to cancellation of a previously written Purchase Agreement dated 31. This Purchase Agreement)i X ISNOT subject to an Inspection Addendum. (If answer is IS, see attached addendum.) 32. Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2) 33. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a GeneralWarranty Deed 34. joined in by spouse, if any, conveying marketable title, subject to: 35. (A) Building and zoning laws,ordinances,state and federal regulations;(B) Restrictions relating to use or improvement of the property without 36. effective forfeiture provisions;(C) Reservation of any mineral rights by the State of Minnesota; (D) Utility and drainage easements which do not 37. interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies): 38. 39. (F) Others (Must be specified in writing): 40. SPECIAL ASSESSMENTS shall be paid as follows: 41. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING/S11CSHXKESPA I (AQ7D(OIXMgt15F0(all installments 42. of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 43. BUYER SHALL ASSUME ramettMicklxim on date of closing all other special assessments levied as of the date of closing. 44. BUYER SHALL ASSUME b§§14.f1R}P},A.XFjr) ( RAIARfR, special assessments pending as of the date of this agreement for 45. improvements that have been ordered by the City Council or other assessing authorities.(Seller's provision for payment shall be by payment into 46. escrow of 2 times the estimated amount of the assessments, or less as required by Buyer's lender.) 47. BEIXBR)SHAUXIMSVIMEN SELLER SHALL PAY on date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special 48. assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the 49. year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not 50. otherwise provided. 51. As of the date of this agreement, Seller represents that Seller )(3A8(KHAS NOT received a notice of hearing for a new public improvement 52. project from any governmental assessing authority, the costs of which project may be assessed against the property. If a notice of pending 53. special assessment is issued after the date of this agreement and on or before the date of closing, Buyer shall assume payment of 54. ALL /11 (a({IHRJ X - of any such special assessments, and Seller shall provide for payment on 55. date of closing ALL / NONE / OTHER: of any such special assessments. If such special 56. assessments or escrow amounts for said special assessments as required by Buyer's lender shall exceed $ , this 57. Purchase Agreement shall be null and void at Seller's option; parties agree to sign cancellation of Purchase Agreement and all earnest 58. money paid hereunder shall be refunded to Buyer, unless one or both of the parties agrees in writing on or before the date of closing, to 59. assume, pay, or provide for the payment of such excess. 60. Seller and Buyer Initrrl Seller(s) Date Ruverh) r, PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS"', which disclaims any liability arising out of use or misuse of this form. 1. Date 2. Page 1 of Pages a RECEIVED OF the City of Shakopee, Minnesota, 4. 500.00 5. the sum of Five Hundred and No/100 Dollars ($ ) 6. by CHECKas earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or 1,,,1«�,«1.1 7. before the next business day after acceptance, in a trust account of listing broker but to be returned to Buyer if Purchase a Agreement is not accepted by Seller. Said earnest money Is part payment for the purchase of the property located at: 9. Street Address: the South West corner of Vierling Drive and County Road 16, 10. Cityol Shakopee , minty of Scott , State of Minnesota, 11. Legally described as: (See attached Exhibit A.) 12. 13. including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs, and 14. trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting 15. fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any burners, tanks, stokers and other equipment used in 16 connection therewith),built-in air conditioning equipment,electronic air filter,Water Softener OWNED!RENTED/NONE, built-in humidifier 17. and dehumidifier, liquid gas tank and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks la and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top stoves, microwave ovens, hood fans, 19. intercoms; ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and 20. heatilators; AND: the following personal property: None. 21. 22. _ 23. all of which property Seller has this day agreed to sell to Buyer for sum of: ($ 348,240.00 24. Three Hundred Forty-Eight Thousand, Two Hundred Forty and No/100 Dollars, 25. which Buyer agrees to pay in the following manner: Earnest money of $ 500.00 26. and $ 347,740.00 cash on August 15, 1996 ,the date of closing, and 27. the balance of$ -0- by financing in accordance with the attached addendum: 28. Conventional FHA VA Assumption Contract for Deed Other: 29. This Purchase Agreement ASIf IS NOT subject to a contingency addendum. (If answer is IS, see attached addendum.) 30. This Purchase AgreementIS NOT subject to cancellation of a previously written Purchase Agreement dated ie al«� 31. This Purchase Agreement)(S)1 IS NOT subject to an Inspection Addendum. (If answer is IS, see attached addendum.) 1•:,,,O Tel 32. Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2) 33. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a General Warranty Deed 34. joined in by spouse, if any, conveying marketable title, subject to: 35. (A) Building and zoning laws,ordinances,state and federal regulations;(B) Restrictions relating to use or improvement of the property without . 36. effective forfeiture provisions;(C) Reservation of any mineral rights by the State of Minnesota;(D) Utility and drainage easements which do not 37. interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies): 38. 39. (F) Others (Must be specified in writing): 40. SPECIAL ASSESSMENTS shall be paid as follows: 41. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING!SKEEEFISHAKKRKKZIFIXCIOCCOUSIMIUM all installments 42. of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 43. BUYER SHALL ASSUME /MSWRIAltjl t►X on date of closing all other special assessments levied as of the date of closing. 44. BUYER SHALL ASSUME/ 4 ¢Mr) Il1R special assessments pending as of the date of this agreement for 45. improvements that have been ordered by the City Council or other assessing authorities.(Seller's provision for payment shall be by payment into 46. escrow of 2 times the estimated amount of the assessments, or less as required by Buyer's lender.) 47. HtfXIKR)SHIILXXASZCOMT SELLER SHALL PAY on date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special 48. assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the 49. year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not 50. otherwise provided. 51. As of the date of this agreement, Seller represents that Seller CHAS NOT received a notice of hearing for a new public improvement 52. project from any governmental assessing authority, the costs of which project may be assessed against the property. If a notice of pending 53. special assessment is issued after the date of this agreement and on or before the date of closing, Buyer shall assume payment of 54. ALL /liliGtECKIDDIRAX of any such special assessments, and Seller shall provide for payment on ,,Irtb one' 55. date of closing ALL / NONE / OTHER: of any such special assessments. If such special 56. assessments or escrow amounts for said special assessments as required by Buyer's lender shall exceed $ , this 57. Purchase Agreement shall be null and void at Seller's option; parties agree to sign cancellation of Purchase Agreement and all earnest 58. money paid hereunder shall be refunded to Buyer, unless one or both of the parties agrees in writing on or before the date of closing, to 59. assume, pay, or provide for the payment of such excess. 60. Seller and Buyer Initial: Seller(s) Date Buyer(s) Date 61. MN:PA-1 (8193) PURCHASE AGREEMENT 62. Page 2 63 TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, furnish an abstract of title, or a registered 64. property abstract, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and 65. pending special assessments. Buyer shall be allowed 10 business days after receipt of abstract for examination of title and making any objections 66. which shall be made in writing or deemed waived. If any objection is so made,Seller shad have 10 business days from receipt of Buyer's written 67 title objections to notify Buyer of Seller's intention to make title marketable within 120 days from Seller's receipt of such written objection. If notice 68. is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written 69. notice to Buyer the parties shall perform this Purchase Agreement according to its terms. If no such notice is given or if notice is given but 70. title is not corrected within the time provided for, this Purchase Agreement shall be null and void, at option of Buyer; neither party shall be liable 71. for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase 72. Agreement. BUYER AGREES 10 ACCEPT AN OWNER'S TITLE POLICY IN THE FULL AMOUNT OF THE PURCHASE PRICE IN LIEU 73. OF AN ABSTRACT OF TITLE IF THE PROPERTY IS SUBJECT TO A MASTER ABSTRACT OR IF NO ABSTRACT OF TITLE IS IN SELLER'S 74. POSSESSION OR CONTROL.If Buyer is to receive such policy(1)the title examination period shall commence upon Buyer's receipt of a current 75. title insurance commitment and(2) Seller shall pay the entire premium for such policy if no lender's policy is obtained, and only the additional 76 cost of obtaining a simultaneously issued owner's policy if a lender's policy is obtained (Buyer shall pay the premium for the lender's policy). 77. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses 7a and obtain all necessary governmental approvals. Seller warrants the legal description of the real property to be conveyed has been or will 79. be approved for recording as of the date of closing. 80. SELLER WARRANTIES:SELLER WARRANTS THAT BUILDINGS,ARE OR WILL BE,CONSTRUCTED ENTIRELY WITHIN THE BOUNDARY 81. LINES OF THE PROPERTY.SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT 82. OF WAY. THESE WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR DEED. 83. SELLER WARRANTS THAT PRIOR TO THE CLOSING, PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, MATERIALS, 84. MACHINERY,FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING IN CONNECTION 85. WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY. 86. SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION 87. OF ANY LAW,ORDINANCE OR REGULATION.IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, SELLER WARRANTS 88. THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS.ANY 89. NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY. 90. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing, for any reason including 91. fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before 92. the closing date, this Purchase Agreement shall become null and void, at Buyer's option, and earnest money shall be refunded to Buyer; 93 Buyer and Seller agree to sign cancellation of Purchase Agreement. 94. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 95. ENTIRE AGREEMENT:This Purchase Agreement,any attached exhibits and any addenda or amendments signed by the parties,shall constitute 96. the entire agreement between Seller and Buyer,and supercedes any other written or oral agreements between Seller and Buyer.This Purchase 97. Agreement can be modified only in writing signed by Seller and Buyer. 98 ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in writing. The delivery of 99. all papers and monies shall be made at the listing broker's office. 100. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may terminate this Purchase Agreement, and payments made hereunder 101. may be retained by Seller as liquidated damages. If this Purchase Agreement is not so terminated, Buyer or Seller may seek actual damages 102. for breach of this Agreement or specific performance of this Agreement; and, as to specific performance, such action must be commenced 103. within six months after such right of action arises. rk' , ii • • Y '1.1 PURCHASE AGREEMENT • 104. Address • i 105. Page 3 Date 106. REAL ESTATE TAXES shall be paid as follows: 107. Buyer shall pay, RR GIRMEGARGRXMOOMM_6_12THSX&CLOIONERX real estate taxes due and payable in the year 19 96 mem one) 108. SefIer shell pa},S/,RORp(TT9 TO DAY OF CLOSING,_12THS,_ALL,NONE_real estate taxes due and payable in the year 19 .If the 109. closing date is changed, the real estate taxes paid shall, if prorated, be adjusted to the new closing date. Seller warrants taxes due and 110. payable in the year 19 96 will be lalkialiRTAillihomestead classification. If part or non-homestead classification is circled, 111. Seller agrees to pay Buyer at closing $ -0- (` "anal toward the non-homestead 112. portion of the real estate taxes. Buyer agrees to paralt remaining balance of non-homestead taxes when they become due and payable. 113. No representations are made concerning the amount of subsequent real estate taxes. 114. POSSESSION: Seller shall deliver possession of the Qroperty not later than immediately after closing. 115. All interest, homeownet association dues,fenlp, fuel oiljliquid petroleum gas and all charges for city water,city sewer, electricity,and natural 116 gas shall be prorated between the parties as of date of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY 117. NOT INCLUDED HEREIN from the property by possession date. 116. ENVIRONMENTAL CONCERNS:To the best of the Seller's knowledge there are no hazardous substances,or underground storage tants,accept 119. herein noted: None. 120. 121. SPECIAL WARRANTIES: 122. SELLER WARRANTS THAT THE PROPERTY•I D ECTLY CONNECTED 10: CITY SEWER OYES ONO CITY WATER ENEMA()1a.3. SELLER/BUYER_ AGREES TO PROVIDE WATER�QUAUUTY TEST RESULTS AND/OR SEPTIC SYSTEM CERTIFICATION IF REQUIRED BY (CI1C1e OMI , 124. GOVERNING'AUTHORITY)AND/OR'LENDER:SELLER WARRANTS THAT ALL APPLIANCES, HEATING,AIR CONDITIONING,WIRING 125. AND PLUMBING SYSTEM$USED AND LOCATED ON SAID PROPERTY WILL BE IN WORKING ORDER ON THE DATE OF CLOSING, 126. EXCEPT AS NOTED ON ATTACHED ADDENDUM. BUYER HAS THE RIGHT TO INSPECT PROPERTY PRIOR TO CLOSING. 127. OTHER: This sale is under threat of condemnation by Buyer. 128 uyay..sl�akl.pa�y� fu> urg: trunk water charges, estimated at $16,358.00. 129. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS OF WATER 130. IN BASEMENT, OR DAMAGE CAUSED BY WATER OR ICE BUILD-UP ON THE ROOF OF THE PROPERTY AND BUYER RELIES 131. SOLELY IN THAT REGARD ON THE FOLLOWING;S Af MENT BY SELLER: 132. SELLER HAS/HAS NOT HAD A,WET BASEMENT,AND HAS/HAS NOT HAD ROOI=,WALL OR CEILING DAMAGE CAUSED BY WATER _ ) r- 133 OR ICE BUILD-UP. BUYER HAS / HAS NOT RECEIVED A REALESTATE TRANSFER DISCLOSURE STATEMENT. (cmaa one) 134. BUYER HAS RECEIVED THE TRUTH IN HOUSING INSPECTION REPORT, IF REQUIRED BY MUNICIPALITY. 135. BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT REQUIRED BY MINNESOTA STATUTES SEC. 1031.235. 136 BUYER & SELLER INITIAL: Buyer(s) Seller(s) 137. I ACKNOWLEDGE THATi A, AVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND 138. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT , / , 139. SELLER(S) BUYER(S) 140. SELLER(S) BUYER(S) 141. NOTICE 142. Represents (gena (Company Name) 143 Represents (kMnt) (Company Name) 144. THIS NOTICE DOES NOT SATISFY MINNF,SOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. 145. I, the owner Of the property, accept this agreeient and authorize . I agree to,purchase the property for the price and on the 146. the listing broker to withdraw said property from'the market, • ' tlrms arid'conditions set forth,.above. 147. unless instructed otherwise in writing. 148. X X (Seller's Signature) (Date) (Buyer's Signature) (Date) 149. ,- (Saber's Printed Name) (Buyer's Printed Name) 150. (Social Security Number) (Marital Status) (Social Security Number) (Marital Status) X X 151. (Seller's Signature) (Date) (Buyer's Signature) (Dtdo) 152. (Seller's Printed Name) (Buyer's Printed Name) r 153. , (Social Security Number) (Marital Status) (Social Security Number) (Marital Status) 154. FINAL ACCEPTANCE DATE '. 155. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 156. MN:PA)3(8190) IF YOU DESIRE LEGAL OR TAX ADVICE,'CONSULT AN APPROPRIATE PROFESSIONAL. VACANT LAND ADDENDUM This form approved by the Minnesota Association of it REALTORS®,which disclaims any liability arising out of use or misuse of this form. . 1. Date Ii•• 2. Page of Pages ( a Addendum to Purchase Agreement between parties dated , 19 pertaining to the purchase 4.and sale of the property at the South West Corner of Vierling Drive and County Road 16. 5. &SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies and if the following contingencies checked 7.below cannot be satisfied or waived, in writing, by Buyer by August 15 , 1996 , this Purchase Agreement shall become 8.null and void and all earnest money shall be refunded to the Buyer Buyers and Sellers agree to sign a cancellation of the Purchase Agreement. 9.(Select appropriate options a-h) ' '1 V. 10.10 (a)) ,,SELLER shall provide a certificate of survey of the property, at SELLER expense, not later than --(circle ono) arae on) 11. August 1, , 19 96 . 12.0 (b) Buyer obtaining approval of city/township of proposed building plans and specifications at BUYER arae/SELLER expense. ) ane) 1a 0 (c) Buyer obtaining approval of city/township of proposed subdivision development plans at BUYER/SELLER expense. Inrcre one) 14.0 (d) Buyer obtaining approval of city/township for rezoning or use permits at BUYER arae!SELLER expense. ) one) r 15.LX(e) obtaining at BUYER/' expense, percolation tests which are acceptable to Buyer. � !e nr,e 16. 11( 4 Buyer obtaining atm SELLER expense,soil tests which indicate that the property may be improved without extraordinary building -_--)arae one) 17. methods or cost. 18.0 (g) Buyer obtaining approval of building plans and/or specifications in accordance with any recorded subdivision covenants and approval of 19. the architectural control committee, 20. ❑ (h) OTHER 'u 21. I 22.Seller's expenses for these contingencies (if any) shall not exceed $ 23.Seller grants permission of access to the property for testing and surveying purposes. 24.PLEASE NOTE: Buyer mays incur, additional charges improving the p(operty including but not limited to: Hook-up and/or access charges, 25.murpal charges, costs for sewer'access,'stubbing access, water access, park dedication,toad access, utility connection and connecting 1 26.fees, curb cuts and tree planting charges. 27.SPECIAL WARRANTIES: Seller warrants that the property described in this Purchase Agreement consists of approximately 2& 14.51 ACRES c }Pgclt and is currently zoned R-2 ---- -Icrrcb ono, 29.Seller warrants that the property11 X IS NOT) in the designated 100 year flood plain area. krre)e�30.Seller warrants that the property DOES!DOES NOT currently receive preferential tax treatment (i.e., Green Acres, etc.). (mob one) 31.OTHER: ) , I' ,} ' l\ ; , LI il32. l (Seller) (Date) (BrYed (Oats) aa (Seller) mate) (BuYer) (Date) 4', 34. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 35. ")"i; IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. 36.MN:GLA(8/93) 145 . We, the owners of the property, We agree to purchase the property 146 . accept this agreement and for the price and on the terms and 147. authorize the listing broker to conditions set forth above. 148 . withdraw said property from the 149 . market, unless instructed other- 150 . wise writing. 151. X ( l�'�'• tik Ft LGG�. 7-13-10 X (gel ' s Si ature) (Date) (Buyer' s Signature) (Date) 152 . Eugene F. Hauer Jeff M. Henderson (Seller' s Printed Name) /� (Buyer' s Printed Name) 153 . y73"3Y— 7 Vi 3 ,u tJ Mayor of the City of Shakopee (S.S. No. ) (Marital Status) (Title) 154 . X 1.LA--/.7`,�GCGI 7-,))- X Se er' s Signature) (Date) (Buyer' s Signature) (Date) 155 . Virginia T. Hauer Mark McNeill (Seller' s Printed Name) (Buyer' s Printed Name) 156 . T Q-- 31,— (9(0 7 / Metrr i e d City Administrator (S.S. No. ) (Marital Status) (Title) 157. X .C"--rr'j-- ^ )702.)-4/: X eller sSignature) (Date) (Buyer' s Signature) (Date) 158 . James J. Hauer Judith S. Cox (Seller' s Printed Name) (Buyer' s Printed Name) 159. 4 lob' ' 3 a ( /1'- l/a-viL City Clerk (S.S. No. ) (Marital Status) (Title) 160 . X !39-74,1,1y%4:-,/-/C2. 4--.7-2. 6�-� (Selletrs Signature) (Date) 161. Mary Ann Hauer (Seller' s Printed Name) 162 . 4/74 - (S.S. No. ) (Marital Status) 163 .P1,614/-&-(-- 7� leignature) ( te) 164 . Jane M. Hauer (Seller' s Printed Name) 165 . �! VodCee.27 (S.S. No. ) (Marital Status) J EXHIBIT A • • ALLAN'S LAND SURVEYING • Subdivision Design & Cost Analysis Planning &Construction Allan R. Hastings - 121 Lewis Street S. Shakopee, MN 55379 Phone:(612) 445-4027 Proposed description for Gene Hauer • That part pf the Northeast Quarter of the Southeast Quarter and the Southeast of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota; lying northerly of the north right of way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S 4TH ADDITION, all in Scott County as on file and of record in the Office of the County Recorder and southwesterly of the centerline of County Road No. 16 ( Eagle Creek Blvd.) and excepting therefrom the following described property lying westerly and northerly of the following described line; Commencing at the most easterly corner 1 of HAUER'S 4TH ADDITION; thence N 290 24' 30" E (assumed bearing) along the easterly line of HAUER'S 3RD ADDITION to the centerline of County Road No. 16 a distance of 50.00 feet; thence S 600 35' 30" E along Bid centerline of County Road No. 16 a distance of 181.98 feet to the point of beginning of said line; thence S 370 21' 00" W a distance of 50.48 feet to the southerly right of way of said County Road No. 16, • distant 175.00 feet southeasterly of said most easterly corner of HAUER'S 4TH ADDITION; thence continuing S 370.21' 00" W a distance of 268.47 feet; thence N 600 35' 30" W a distance of 175.00 feet to the easterly line of said HAUER'S 4TH ADDITION and there terminate. Containing 14.52 acres more or less Subject to easements of record if any. (( • Dated: July 110 1996 ✓114 �2 Allan R. Hastings Minnesota Registration No. 17009 • • L21 Lewis Street S. Suite No. 102 Shakopee, Minnesota 55379 Phone 612 445-4027 ,I • I i t 1 o1.,1sAN as•o4.9 . •• 5: t > f __ 9 *vies, 'q•tip,h i� l n iii 3_ , q. /31,41 1S . - M ' 1 I M • itil• ill • . , - ) I—•- : W ►r 1•?r • l9 O i ' •i <•-, • t 4. r4 p^1 �" j• 1 t ill 2 ' 4).13 a s 11` s \ i •, li .• '1 ." • z ,'• 11. 4 z •ti t.. i 8 . • i ..3. . . v._ . k, .... Nr 15s ) t . \I • . W . g 1 i 11 • ( } ..er• i •t 4%.. . I • • 1 3 • : .,..af. •..."` . P 1 *'4 * i I. 7. It 1 W • ...j ' I, • / .S till a - - --..-"t-. • I. --• 1 • �, ' t.LL.,,-** e\ i A- . (4'� 1 1 . LL. • \ v) i----\1, • • _a L_....1 --,. • `,.• .• /,C.J. �C,�.: S + i �—. \ " ' N 9 \ c� • W 2 W ` 1 -. 0 iCo I . t � ht 1 ,j1 \ ! ' fi !17 141°4 :i42 It: 1,--, .,:, 7„ P i O L- ' 1 J iii Li u: V i,) � � ri 1`— %SGL N' d) w. d i 'r' .. 1 - 4 'r. \�1 . \ I f I i '4 i , / h CITY OF SHAKOPEE Memorandum # 3 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Referendum Cost Discussion DATE: July 31, 1996 INTRODUCTION: The Council is asked to schedule discussion of fire station referendum costs when it convenes for a Budget Worksession on August 13th. BACKGROUND: The Council has already established a meeting to discuss budget from 4:00 PM until 7:00 PM on Tuesday, August 13th. This will be the first run through the FY 97 Budget; however, there also remains one other large discussion item which needs to be covered: the referendum costs for the new fire station to be considered by Shakopee voters in November. Issues to be considered include such things as whether to include in the referendum items such as new trucks (equipment), land acquisition, architectural fees, in addition to the building construction costs. By August 13th, staff will have recommendations and figures as to the costs. Because this is a major issue, we would suggest that this be part of the discussion of that meeting rather than part of the City Council on August 20th. Note that by the September 3rd meeting, the Council must take formal action to set that amount; staff needs to have sufficient time to respond to questions that Council may have on this. RECOMMENDATION: Staff recommends a separate discussion be held on August 13th. ACTION REQUIRED: If the Council desires to include the fire station referendum discussion as part of the August 13th meeting, it should, by motion, so indicate. Otherwise, it will be scheduled as part of the regular August 20th meeting. Mark McNeill City Administrator CITY OF SHAKOPEE /C2•R' Memorandum C-- TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Huge, Shakopee Fire Chief SUBJECT: Fire Department Breathing Compressor DATE July 24, 1996 INTRODUCTION: The breathing air compressor used to fill SCBA(self contained breathing apparatus) had a catastrophic failure of the final stage piston and cylinder. BACKGROUND: In the first quarter of 1987 a Bauer breathing air compressor system was purchased from the local distributor CompressAir. The system has operated for the last 8 plus years with normal maintenance. Several months ago we started experiencing"filter blow outs". CompressAir company was hired to repair the system. The problem was attributed to failed condensate dump valves. Since that repair the problem has reoccurred and further analysis indicates the forth stage piston rings, cylinder and reed valve to be worn out and pitted. Because of the low number of hours on the unit, we expressed our concern to the vendor. From this discussion the manufacture has agreed to supply new piston rings and gaskets. CompressAir has agreed to cut half of the labor costs from the first repair job. The first repair was approximately $1800. The last repair bill will be approximately $4400. This is minus the piston rings and labor adjustments. OPTIONS: 1. Fix the present compressor for $4400. 2. Purchase an upgraded compressed breathing system and trade in our current unit for a cost of $18000.00. REQUEST: We request the council authorize the payment of$4400 dollars to CompressAir for repair of the Shakopee Fire Department breathing air compressor. We do have the money in the equipment repair budget at this time. If other large equipment failures occur this year and can not cover the cost, we will request a budget adjustment at thatattttime. ' 94?- Mark Huge Fire Chief D.CI City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator kL1 FROM: Gregg Voxland, Finance Director SUBJ: Memorial Park Crop Land DATE: August 1, 1996 Introduction The City owns land in Memorial Park that has been leased out for crop land for many years. Council is asked to consider offers of payments for permanent easements to remove the land from agricultural production for conservation purposes. Background The City has been offered payment for permanent easements on the 63 acres north of the developed part of Memorial Park. This land has been leased out for farming for many years but the revenue to the city is minimal. The land is subject to frequent flooding and erosion. The river is the northern boundary of the parcel. The site is in the flood plain and not developable. There is a DNR trail on the south edge of the western part of the site and a former city trail around the perimeter which is still partially visible. Access is from the DNR trail from the west, the footbridge in Memorial park and a driveway through Murphy's Landing. The proposed easements would still permit recreational activities such as hiking, bicycling, fishing, hunting, bird watching, etc. and the installation and maintenance of trails. The city would be responsible for control of noxious weeds. Basically, the area would revert back to natural state by letting nature take its course but could involved some seeding. The proposed easements need to be reviewed by the City Attorney before execution. Effective date of easement is anticipated to be January 1, 1997 and needs to be coordinated with the Murphy's Landing lease. Gene Hauer (current farm leasee) has been appraised of the status of this issue. Alternatives 1. Status Quo. 2. Easement to Scott Soil and Water Conservation District (SSWCD) for the entire area in exchange for payment of $48,795.67. 3. Easement to federal government (Fish and Wildlife Service) for 21 acres (current low land area) and SSWCD for balance in exchange for payment of $80,345.67. 4. Easement/agreement with Rahr Malting for the area removing it from agricultural production with the option for Rahr to do further "improvements" in the nature of sidestream treatment of the river waters by diverting or pumping into and through a wetland area. Payment of $50,xxx?. Rahr Malting showed an interest in doing a project with the city in order to "earn credits with the MPCA" as part of getting their private treatment facility. Staff expected to receive a proposal by the cut off time for this agenda but the proposal has not been received. Recommendation Other than status quo, any of the options provides the city with something on the order of a hundred years or more of farm lease revenue. Additionally, it should help improve the quality of the river and wildlife habitat. The city has no plans for the use of the land and has not maintained the perimeter trail. Granting an easement appears to be a significant benefit for the city. Action Discuss and give staff direction as to which option council desires to pursue and to bring the easement back for council approval after the City Attorney's review. Gregoxland Finance Director is\finance\docs\gregg\rim t. r µ r r n t ,,, r �, �• • i -1 lir - . If _ i,,,,, . : - ,, . , ;., i�f '.1.''� �L •t , 1.. VIA, G rte. , +', v f r\ 1 • •� •� • � ri °t. � v • 4 , Ilt • ,Cy f f 1 • h 1 V - �� _ • M.1 R,;` • � "`"777yyy ~;�:♦ t. / ♦ • • • �; ,lP,x v. s } ,,,ma�.c I I / . ,, , •' ... t il k• ; �1 j a i � i1 " ~''! ^� y , 4 t y.. + NA ' s .,� :V' " ; „ 'ti {.y• fTo - * '*•., ' 4 . ,, ,„.., -r f•- .:•' �..#� �. .. • ^ . �U rf TF'"...� SL..._.;,.. Y • 1 7t•I •1 1� • • 1.+bit -,/ Ar"A" f et, t r � 4 ` .116,� :rf --�"."r�"./•••• !��.ar+ ____r_ „� - fib.: t '* K .S ti. j, �,,q�a� • Si - -.----,,,,,It, N '.-' M ~ r• t? tom, ...• .5. 4`1,11:: • Ai..`., •__' ?-3i w• •• -..�3- Jam• .-,--r47,** .......:,e. •X-��" I. • 4r ♦. .k�r" '4^ • �.� �'. ,1 ', \ • � ,qtr •, c • f �_Ira ,a• ! e C "f^, •lam-fit •`,71t � ~;� ��� .'\ {��.;�' '�•,'� t r ' � • .,, 1r9 Pt .!� 1' yy[t�� ta,T r.. ^1.-Y7.�,.�► ♦�$.� `• +• ,N. .....•1: ,�:' ' .' It t t TL4 .. I .,-It".....4. "iI:V.!'fir_ 1.'• .• . -4 . • • ?0: ira yam. �' ." +w' (a ry^ r1 A!w` '9 SCOTT SOIL AND WATER 107 WATER STREET CONSERVATION DISTRICT JORDAN, MN. 55352 PHONE 612-492-2636 July 23, 1996 To: Greg Voxland, Finance Director Shakopee City Hall 129 Holmes Street South Shakopee, MN. 55479 From: Peter J. Beckius, Resource Conservationist Scott Soil and Water Conservation District 107 Water Street Jordan, MN. 55352 RE: Conservation Easement for Riparian Land Dear Greg, Enclosed are draft documents needed to secure an easement on the riparian cropland owned by the City of Shakopee. The legal description will be included as soon as the Fish and Wildlife Service completes its survey of the proposed wetland restoration sites and determines the extent of the land eligible through their program. The Scott Soil and Water Conservation District in cooperation with the U. S. Fish and Wildlife Service will provide financial reimbursement to the City of Shakopee for Conservation Easements on the cropland acres located north of Memorial Park. The agreement will require native vegetation re-establishment and will also allow continued use of the area for recreational activities. Proposed financial compensation as discussed at our meeting on July 17th, 1996 was as follows: U. S. Fish and Wildlife Service $31,550.00 Scott Soil and Water Conservation $48,795.67 Total Financial Compensation $80,345.67 The approximately 59.7 acres of cropland will be included in the easement. If this proposal is acceptable to the City of Shakopee, contact me as soon as possible for finalizing the easement documents. Sincerely, //g Peter J. Beckius, Resource Conservationist Scott Soil and Water Conservation District cc: Tom Kerr, USFWS /c,2e MEMORANDUM TO: Mark McNeill, City Administrator kik FROM: Judith S. Cox, City Clerk SUBJECT: Temporary 3.2 Beer License - Shakopee Jaycees DATE: July 24, 1996 INTRODUCTION AND BACKGROUND: The Shakopee Jaycees have appliced for a temporary 3.2 percent malt liquor license for a softball tournament at Tahpah Park on August 9th through the 11th, 1996. This is a tournament sponsored by the Shakopee Area Catholic Schools. All proceeds will be donated to SACS. The application from the Jaycees is in order. The required insurance certificates are in order. The Jaycees have obtained temporary licenses for tournaments at Tahpah Park over the years. This is not an expansion of past practice. Because this is not an increase in the number of licenses issued to this organization nor at this location, the Chief of Police has expressed no objection to the granting of a license for August 9th - 11th, 1996. NEW LAW: There is a new law which goes into effect on August 1st which may affect the issuance of temporary licenses in the future. The new law precludes the issuance of more than one temporary license to any one organization or registered political committee, or for any one location, within any 30-day period. Per the City Attorney, Dave Kennedy, the new law does not affect this application. ALTERNATIVES: 1. Approve issuance of a license 2. Deny issuance of a license 3. Table application for additional information RECOMMEDED ACTION: Approve the application and grant a temporary 3.2 percent malt liquor license to the Shakopee Jaycees, Inc. at the Tahpah Park shelter on August 9th - 11th, 1996. //4; 1(1. City of Shakopee Memorandum TO: Mayor and Coucnil Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 1996 Auditor Authorization DATE: July 22, 1996 Introduction Council authorization to execute a contract for 1996 audit services is requested. Background Council has retained the firm of Deloitte and Touche for four previous years. The firm is rotating personnel assigned to the job to keep getting a "new look" at the material. There was a new senior staffer on the job last year. The policy of the firm is that the manager will change at the 5 year point and the partner at the 7 year point. All together there is at least six people at the firm involved in reviewing the city financial report. Deloitte and Touche is proposing a fee for 1996 of $17,250. The fee for last year was $16,750. One change is the possibility of needing to do a federal grant audit of the money received for COPS Fast and the coordination program with the county. The rate quoted for that work is $50 per hour with estimated hours of 30 to 60 depending on the amount of work needing to be done. Not to exceed amount is $3,000. Alternatives 1. Accept the proposal of Deloitte & Touche. 2. Negotiate a new amount and or services with Deloitte. 3. Solicit new proposals. Recommendation Alternative number 1. Staff was very satisfied with the performance of Deloitte and Touche and believes that Council was also. Action Requested Move to accept the proposal of Deloitte and Touche for the provision of audit services for the 1996 fiscal year in the amount of $17,250 plus $50 per hour for auditing federal assistance grants not to exceed a total of $20,250 and authorize the appropriate city officials to execute a contract for the 1996 audit services. Gr lad Financ Director (9, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Paul Bilotta, Community Development Director SUBJECT: MNDoT Request to remove gravel for Shakopee Bypass DATE: August 6, 1996 Introduction The Minnesota Dept. of Transportation has requested an interpretation of the City Code due to an issue that has developed as part of the Bypass construction project. Discussion MNDoT has authorized Valley Paving, Inc. to remove and crush gravel from the right-of-way or on other land acquired for the Bypass project(approx. 70,000 cu. yds.). This is a departure from previous practice where MNDoT has allowed contractors to remove and crush gravel from inside the right-of-way but has not ventured outside of the area platted for the highway construction. The site in question is a remnant parcel, located east of CR 79 and south of the Bypass, that was acquired by MNDoT but is not part of the right-of-way. When MNDoT was working within the right-of-way, the City did not have much jurisdiction, however on lands outside of the right-of-way, the City Attorney has indicated that the City Code does apply. Sec. 11.02 of the City Code (Zoning) defines Mining as"The extraction of sand, gravel, rock, soil or other material from the land exceeding 1000 cubic yards and the removing thereof from the site without processing. The term shall not include removal of materials associated with construction of a building or grading of a subdivision, provided such removal is an approved item in the building permit." Whether or not MNDoT can proceed depends on whether the actions it wants to undertake falls under the category of "associated with construction of a building or grading of a subdivision". The City Attorney has indicated that this term could be interpreted to either allow MNDoT's request or deny it. The property in question is outside of MNDoT's right-of- way plat. MNDoT has indicated that there will be substantial savings if the gravel can be removed. The property does not have a zoning designation that would allow mining. Alternatives 1. Find MNDoT's request to be an exemption to the definition of mining and allow its contractor to remove gravel. 2. Find MNDoT's request to be a mining activity. 3. Table the decision and request additional information from staff or the company. Staff Recommendation The request is a policy question, however, if the City Council were to allow MNDoT to proceed, staff would recommend the action be conditioned on the City Engineer's approval of the reclamation plan. This would ensure that when the property is sold by MNDoT, it would still be able to be reused. Action Requested Offer a motion to find MNDoT's request to extract gravel from a property adjacent to its right- of-way to be exempt from the definition of mining and therefore able to proceed, subject to the City Engineer's approval of the reclamation plan. v P� Paul Bilotta Community Development Director i:\commdev\cc\1996\cc0806\bypass.doc 1 07%1t CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Shakopee Bypass Noise Variance on Construction Activities(Concrete Paving Operations) DATE: August 6, 1996 INTRODUCTION: Attached is a letter from Mn/DOT,which includes a letter from Progressive Contractors, Inc., (PCI), the prime contractor on the Shakopee Bypass concrete paving. These letters are requesting a variance from the City's hourly restriction on certain operations construction activities, City Code Section 10.60, Subd. D, that construction activities are permitted between the hours of 7:00 A.M. and 9:00 P.M. on any weekday, or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. BACKGROUND: PCI is the general contractor for the paving operations on the Shakopee Bypass east of County Road (C.R.) 69 to the new Bloomington Ferry Bridge interchange in the City of Shakopee. Mn/DOT has scheduled this work to be completed this year and the contractor is scheduled to begin paving operations in the next few days. The request from the contractor is to work extended hours to accommodate the paving operations on this job in order to complete the project this year. In their letter, the contractor mentions that typically they will place paving materials from dawn to dusk during the working days, and will perform their concrete sawing of joints during the night time hours. MnDOT has a specification requirement that the concrete pavement joints be sawed within six hours of placement. In order to complete the paving this year, extended work hours are necessary. A representative from PCI will be at the meeting to discuss the contractor's operations, in more detail, for this specific request on City Ordinances. Currently,much of the Shakopee Bypass does not have residential developments adjacent to this roadway construction. Most of the residential developments are in the area, from just west of C.R. 79 to C.R. 16. Residential properties east of C.R. 79 do have earth berms for noise mitigation constructed as part of the development construction or Mn/DOT Shakopee Bypass construction. The Council,per the City Code, may suspend the operations of Subparagraph 3, Subd. D, in Section 10.60 for a specific purpose, at a specific location and for a specific length of time by Council action and by giving public notice of the nature and limits of suspension. The Council has granted similar variances for construction activities, such as the Minibypass Project and the first and second segments of the Shakopee Bypass. If a variance is granted, staff would recommend the following conditions as with previous variances as follows: • Approval is contingent upon minimizing noise exposure near residential areas. • If excessive residential complaints are received by the City, the variance can be revoked at the discretion of the City Council. If the Council grants a variance, a public notice is needed to meet the City Code requirement, and a notice such as a news release would be placed in the Shakopee Valley News. Staff has contacted a representative from PCI for a further clarification on the variance request. PCI will need this variance from August 15, 1996 to October 15, 1996 and with a starting time from 5:30 A.M. - Monday thru Saturday and an ending time of 3:00 A.M. - Tuesday thru Sunday. This time schedule would accommodate a six day a week work schedule. ALTERNATIVES: 1. Approve a variance with conditions, as outlined in the staff memo, for construction activities on the Shakopee Bypass and allow construction at times and on days as determined by Council. 2. Approve a variance with different conditions for construction activities adjacent to residential properties and near areas of non-residential property. 3. Deny the variance. RECOMMENDATION: Staff recommends a variance be given to accommodate the concrete paving operations with the Shakopee Bypass, in order to complete the paving of the road this year and to obtain a quality job, as per Mn/DOT Specifications. Staff would recommend that some limitations be placed on the contractor versus a blank 24 hours a day throughout the week variance. ACTION REQUESTED: Move to waive the Noise Prevention Section of the City Code for Construction Activities (Section 10.60, Subd. D, Subparagraph 3) on the Shakopee Bypass project from August 15, 1996 to October 15, 1996 to allow Progressive Contractors, Inc. to construct the Shakopee Bypass and to allow construction activities starting at 5:30 A.M. Monday thru Saturday and ending at 3:00 A.M - Tuesday thru Sunday, and with conditions as outlined in the memo. 4/, Bruce Loney Public Works Director BL/pmp NOISE 00E80,4. s' =s Minnesota Department of Transportation ) Metropolitan Division OF TW' Construction Resident Office 7333 Bryant Lake Drive Eden Prairie, MN 55344 n C/7),V (612) 341-7427 r O^`S e/ sse July 15, 1996 Pio Mr. Bruce Loney Shakopee City Engineer 129 South Holmes Shakopee, Minnesota 55379 Subject: S.P. 7005-69 & 71 (Shakopee Bypass) Noise Ordinance Variance Request Dear Bruce: Enclosed is a letter from Progressive Contractors Incorporated (PCI), the Prime Contractor of our State Project 7005-69 & 71 (The Shakopee Bypass Concrete Paving), requesting a variance to Shakopee's noise ordinance. Concrete paving operations are scheduled to start later in the week of August 5. As we previously discussed, Concrete Paving is a bit different in that the Contractor must saw the contraction joints in the slab approximately six hours after the concrete is placed and finished; this requires almost around the clock working. The State is in support of a variance to the noise ordinance to enable most of the construction to be done under favorable weather conditions. If you have any questions, feel free to call. Sincerely, 7/ , /0 ‘X Mark T. Panek, P.E. Project Engineer Enclosure cc: File An equal opportunity employer A1/ 0 MINNESOTA PROGRESSIVE CONTRACTORS INCORPORATED N , .,....4',II ':;:: 8736 Zachary Lane•P.O. Box 407.Osseo, MN 55369-Telephone:(612) 425-4515 Fax:(612)424-5605 $1 • July 12 , 1996 MnDOT 7333 Bryant Lake Dr . Eden Prairie, MN 55344 Attn: Mr . Mark Panek RE : SP . 7005-69 TH. 101 , Shakopee Dear Mark: PCI is hereby requesting a variance to the City of Shakopee noise ordinance as related to our sawing and paving operations on this job. Typically we will work from dawn to dusk during our paving operations . We are usually able to do sawing work around the clock. We will try and minimize noise in particular near any residential areas and our equipment is muffled as well as possible . With the State ' s and the City' s support and cooperation we will make every effort to get this project completed and open to traffic this Fall . If you have any questions about this or need any further information please feel free to call . Si ely, t-CA ofe.P 4 • ,,,,t_o_e_i,..„....,„____ Ronald E . Gibbons , P. E . V.P. Engineering AN EQUAL OPPORTUNITY EMPLOYER t 'h 41111P 5. ' t '... -- ; * .5'''''''' . l- li A 4 �4 di0 M/ . ab, / \,,, J CO /) fj allJ x M. 1 iti 1 , W i j F- i- ,, w� U �1111 / 1 14411411 Illiiii( � z > a '-' \ 471 4,;ill 1.s.'----s', IL-st . -,,..; ►1 III WI A1'"*.`a. \I �.a�.�A CD 11- CI _I / i twii,,,7_,,.... �� 9.ode :- ,0.„...4, 4'0 . ' ,ik4. wig tiii...alti.(„ k r :n1 . • �"1,iw1f.S IF lik • I cli: ,7 ; 0 Ii.iVm fLul," , �' �i' _ 41411‘r-Y- 111+111 i:0-'it 11 t.V�t 1161.18 oil II i=.... 1191 ihnri I,1 :iiii.i.:► fitT.=_ 11‘k‘ lk 4 \� baa o _J-.0 40 a 4 40 l 120 To: Mark McNeill, City Administrator W., From: Gregg Voxland, Finance Director Subject: Surplus Property Date: 07/22/96 Introduction Council action is needed to declare property surplus in order to be sold. Background The city acquired two new squads in late 1995 for 1996 and a new pick up for the Fire Department in 1996. Building Department has hired an additional inspector this year and therefore requests to keep a car for this employee. This is a permanent increase in the fleet. A cycled down squad and the old pickup from the Fire Department are proposed for sale in the Hennepin County auction this fall. }Action Requested Move to declare the 1974 Chevrolet pick up number CKY244F406732 and the 1990 Ford Crown Victoria number 2FACP72G7LX151764 surplus property. e ti • • /02 02 TO: Mark McNeill, City Administrator �,` V FROM: Gregg Voxland, Finance Director SUBJ: 1997 Assessing Contract DATE: July 23, 1996 Introduction Council approval for an assessing agreement with Scott County for 1997 is requested. Background Attached is the proposed assessment agreement for 1997 . It is the same as the agreement for 1996 except for the amount . The amount is increased from $38, 000 to $40, 700 for 1997. The number of parcels in Shakopee was 5, 280 last year and 5, 685 this year. Action Move to authorize the proper city officials to execute the assessment agreement with Scott County for the 1997 assessment year in the amount of $40, 700 . is\finance\docs\gregg\assess97 4 AGREEMENT FOR JOINT ASSESSMENT BETWEEN THE CITY OF SHAKOPEE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and.between the City of Shakopee and the County of Scott, State of Minnesota, pursuant to Minnesota Statute 273.072 and Minnesota Statute 471.59. WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said City of Shakopee by the County Assessor's office; and WHEREAS, it is the wish of said County to cooperate with said City of Shakopee to provide for a fair and equitable assessment of property; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City of Shakopee which lies within the County of Scott and constitutes a separate assessment district, shall have its property assessed by the County Assessor of Scott County, for the assessment year 1997. All work done necessary to the establishment of the estimated market value for each parcel shall be performed by the Scott County Assessor or by one or more of the licensed assessors under his direction and supervision. 2. It is hereby agreed that the City of Shakopee and all of it's officers, agents and employees shall render full cooperation and assistance to said County to facilitate the provision of the services contemplated hereby. 3. In consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of$40,700.00, such payment to be made to the County Treasurer on or before July 15, 1997. 4. The County agrees that in each year of this Agreement it shall, by it's County Assessor or one or more of his appraisers, view and determine the market value of at least twenty-five percent (25%) of the parcels within this taxing jurisdiction. It is further agreed that the County shall have on file documentation of those parcels physically inspected for each year of this agreement. 5. It is understood by the parties that, pursuant to Minnesota Statute 273.072, this Agreement for Joint Assessment must be approved by the Commissioner of Revenue, State of Minnesota. • • IN WITNESS WHEREOF, the City of Shakopee has executed this agreement by its Mayor and City Administrator by the authority of its governing body and the County of Scott has executed this agreement by its Chairperson, County Administrator and County Assessor pursuant to the authority of the Board of Commissioners intending to be bound thereby. City of Shakopee: Mayor Date City Administrator Date City Clerk (if applicable) Date County of Scott: Ralph T. Malz, Chairperson Date County Board of Commissioners Gary L. Cunningham, Date County Administrator Leroy T. Arnoldi, Date County Assessor This agreement is hereby approved by the Commissioner of Revenue, State of Minnesota on this day of , 19_ Commissioner of Revenue, State of Minnesota Approved as to form: Thomas J. Harbinson Scott County Attorney ( CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator" FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Valley Green Business Park Berm Construction Wetland Replacement DATE: August 6, 1996 INTRODUCTION: Valley Green Business Park Limited Partnership has submitted a Wetland Replacement Plan application. Staff has reviewed the application, has requested an evaluation by the Technical Evaluation Panel (TEP), and has provided public notice as required by law. The replacement plan must be acted on by the City Council in their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act (WCA) of 1991. Attached for Council consideration is Resolution No. 4483, a resolution approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnership. BACKGROUND: The Wetland Replacement Plan, as proposed by Valley Green Business Park Limited Partnership, would fill in approximately 0.37 acre of wetland. These impacted wetlands are proposed to be replaced by constructing 0.77 acre of replacement. The City has requested a review of the plan by the TEP which consists of a City staff member, a representative from the Soil and Water Conservation District (SWCD), and a representative from the State Board of Soil and Water Resources (BWSR). This TEP is established by the WCA, with the purpose of providing a professional, technical review of wetland issues to the City Council. The TEP has reviewed the replacement plan and is recommending approval of the plan. (See attached letter). The Wetland Replacement Plan is being proposed to accommodate the future development in the area(single family homes). To reduce the sound levels along the new homes,the applicant is proposing to construct a berm along the highway. ALTERNATIVES: 1. Adopt Resolution No. 4483. 2. Deny Resolution No. 4483. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4483, A Resolution Approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnership and move its adoption. leeJoel e ord Assistant City Engineer JR/pmp MEM4483 , Pill SHAKOPEE July 31, 1996 Jon Albinson Valley Green Business Park Limited Partnership 5240 Valley Industrial Blvd. South Shakopee,MN 55379 RE: Wetland Replacement Plan Proposed Berm Construction Dear Mr. Albinson: This letter is intended to document the Technical Evaluation Panel (TEP) findings of fact on the Wetland Replacement Plan for the above referenced development. The Replacement Plan and associated documentation was distributed to all the TEP members in order to provide each an opportunity to review and provide comments. The following summarizes the findings of the members of the TEP: The TEP hereby fmds, in regard to the proposed Wetland Replacement Plan for the proposed berm construction located in the City of Shakopee, Minnesota that: 1. The materials submitted by Valley Green Business Park Limited Partnership constitutes a complete application. This application shall be considered complete as of the date of approval hereof of all TEP members. 2. The Replacement Plan appears to be in compliance with the requirements as set forth in the Wetlands Conservation Act(WCA) of 1991 as amended, and the TEP recommends approval of the Replacement Plan to the City Council of the City of Shakopee, acting in its capacity as the Local Governmental Unit (LGU) responsible for implementing the WCA. This recommendation is based on review of the material which was submitted, and a site inspection by at least one TEP member. 3. The TEP does not feel that a formal TEP meeting is required, and therefore there will not be a TEP meeting unless the LGU determines that comments submitted during the mandatory comment period warrants further consideration by the TEP. CON v UNfIY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 We, the undersigned members of the TEP agree with Items 1 through 3 as stated above, and indicate concurrence with the recommendation to the City Council of the City of Shakopee. avid i •hnson Peter Beckius J el Rutherford BWS'�� SWCD City of Shakopee Date of Last Signature: 7/3 JR/pmp WETLAND RESOLUTION NO. 4483 A Resolution Approving A Wetland Replacement Plan For Valley Green Business Park Limited Partnership WHEREAS, the City has received a Wetland Replacement Plan from Valley Green Business Park Limited Partnership; and WHEREAS, the applicant has demonstrated ..that the proposed Wetland Replacement Plan complies with Minn. Rules Parts 8420.0540 and 8420.0550; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan; and WHEREAS,the Technical Evaluation Panel reviewed the proposed Replacement Plan and considered the public values, location, size and type of wetland being altered and recommended approval of the Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Based on the replacement standards in Minn. Rules Parts 8420.0630, and on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan is hereby approved. 2. Approval of this Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1 k CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator V FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Scott County Highway Department Wetland Replacement DATE: August 6, 1996 INTRODUCTION: The Scott County Highway Department has submitted a Wetland Replacement Plan application. Staff has reviewed the application, has requested an evaluation by the Technical Evaluation Panel (TEP), and has provided public notice as required by law. The replacement plan must be acted on by the City Council in their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act (WCA) of 1991. Attached for Council consideration is Resolution No. 4484, a resolution approving a Wetland Replacement Plan for Scott County Highway Department. BACKGROUND: The Wetland Replacement Plan, as proposed by the Scott County Highway Department would fill in approximately 3.58 acres of wetland. These impacted wetlands are proposed to be replaced by constructing 7.2 acres of replacement. The Wetland Replacement Plan is being proposed to accommodate the construction of Highway 18 between County State Aid Highway(CSAH)42 and the Shakopee Bypass. The City has requested a review of the plan by the TEP which consists of a City staff member, a representative from the Soil and Water Conservation District (SWCD), and a representative from the State Board of Soil and Water Resources (BWSR). Because this project also involves wetlands in Prior Lake, a City staff member from Prior Lake was also requested to review the plan. This TEP is established by the WCA, with the purpose of providing a professional, technical review of wetland issues to the City Council. The TEP has reviewed the replacement plan and is recommending approval of the plan. (See attached letter). ALTERNATIVES: 1. Adopt Resolution No. 4484. 2. Deny Resolution No. 4484. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4484, A Resolution Approving a Wetland Replacement Plan for the Scott County Highway Department and move its adoption. °D!l `- , Joel Rutherford Assistant City Engineer JR/pmp MEM4484 • .4 SHAKOPEE July 31, 1996 Daniel M. Jobe Scott County Highway Department 600 Country Trail East Jordan, MN 55352 RE: Wetland Replacement Plan County Road 18 Construction Dear Mr. Jobe: This letter is intended to document the Technical Evaluation Panel (TEP) findings of fact on the Wetland Replacement Plan for the above referenced development. The Replacement Plan and associated documentation was distributed to all the TEP members in order to provide each an opportunity to review and provide comments. The following summarizes the findings of the members of the TEP: The TEP hereby finds, in regard to the proposed Wetland Replacement Plan for the construction of County Road 18, between County Road 42 and the Shakopee Bypass, located in the Cities of Shakopee and Prior Lake, Minnesota that: 1. The materials submitted by the Scott County Highway Department constitutes a complete application. This application shall be considered complete as of the date of approval hereof of all TEP members. 2. The Replacement Plan appears to be in compliance with the requirements as set forth in the Wetlands Conservation Act(WCA) of 1991 as amended, and the TEP recommends approval of the Replacement Plan to the City Council of the City of Shakopee, acting in its capacity as the Local Governmental Unit (LGU) responsible for implementing the WCA. This recommendation is based on review of the material which was submitted, and a site inspection by at least one TEP member. 3. The TEP does not feel that a formal TEP meeting is required, and therefore there will not be a TEP meeting unless the LGU determines that comments submitted during the mandatory comment period warrants further consideration by the TEP. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 FAX 612-445-6718 , We, the undersigned members of the TEP agree with Items 1 through 3 as stated above, and indicate concurrence with the recommendation to the City Council of the City of S•, o.ee. ,11 1 L___ / / ip k2fezhzede) v ID avid . •hnson Peter Beckius Joel Rutherford Lanol Leichty BWS' SWCD City of Shakopee City of Prior Lake Date of Last Signature: 14/A4. JR/pmp WETLAND RESOLUTION NO. 4484 A Resolution Approving A Wetland Replacement Plan For Scott County Highway Department WHEREAS, the City has received a Wetland Replacement Plan from Scott County Highway Department; and WHEREAS, the applicant has demonstrated ..that the proposed Wetland Replacement Plan complies with Minn. Rules Parts 8420.0540 and 8420.0550; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan; and WHEREAS,the Technical Evaluation Panel reviewed the proposed Replacement Plan and considered the public values, location, size and type of wetland being altered and recommended approval of the Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Based on the replacement standards in Minn. Rules Parts 8420.0630, and on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan is hereby approved. 2. Approval of this Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CITY OF SHAKOPEE 0- in L Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Attorney Services DATE: July 31, 1996 INTRODUCTION: The Council is asked to affirm arrangements with two attorney firms for the provision of legal services to the City. BACKGROUND: Previously, the Council was made aware that letters of proposal have been received from two attorney firms. These would provide for general legal assistance(by Kennedy& Graven) and handling of Blocks 3 & 4 condemnations, and T.H. 13 Turnback(Jaspers, Moriarty&Walburg). It is my understanding that Council had previously given approval for the Acting City Administrator to engage law firms for specific tasks, until the arrival of the permanent Administrator. As such, formal approval should be made at this time. Budget Impact: Jaspers, Moriarty&Walburg will bill all services to the City of Shakopee at a rate of$125.00 per hour for attorneys, and paralegal time at a lower rate. Kennedy& Graven will bill the City at $120.00 per hour for attorneys, and $60.00 per hour for paralegals. Kennedy& Graven has also proposed to do a retainer, utilizing as a guide the unspent portion of the civil monies from the Law Department. However, that is something which staff is not comfortable, until we get a better understanding of what the usage will be. However, it is something that will be monitored, especially if it appears that there will be an unreasonable delay in making recommendation on in-house vs. contract attorney. Both firms will bill separately for reimbursable expenses such as postage, copying, etc. Note that other firms have been engaged for specific actions including the defending the City against specific suits, the Centres Group Project, and labor relations. No letters of proposal have been received from them; those will be handled on a case by case basis. RECOMMENDATION: Staff recommends the firms detailed in the memo be engaged to provide City legal services, until such time as a permanent disposition of the City Attorney question is made. ACTION REQUIRED: If the Council concurs, it should, by motion, approve the engagement of the firms of Jaspers, Moriarty&Walburg; and Kennedy& Graven for the legal services outlined above. V Mark McNeill City Administrator MM:tw KENNEDY & GRAVEN CHARTERED .+rays at Law ON 470 Pillsbury Center,Minneapolis,Minnesota 55402 JAMES tJ.M.WERTHE IM ROBERT A.ALSOT (612)337.9300 BONNI .WSRTHs BRVCE M.BATTERSON BONNIE L.WILIGNS RONALD B.BATTYJoe Y.YANG STEER 1.Bustn Facsimile(612)337-9310 _ JOHN B.DEAN DAVID L GRAVEN(19=!61991) DANIEL J.GREENSWEIG DAVID J.KENNEDY CHARLES L.LEFEVERE OF COUNSEL JOHN M.LEFEVRE.JR WRITER'S DIRECT DIAL ROBERT C.CARLDSN ROBERT J.LDtDAL.L 337-9232 ROBERT L.DAVIDSON LONG WSLLDrGTON H.LAW ROBERT C. JAMES M. LONG EN VIA RAPIFAX AND MAIL FL on,B OLSON TIK Cu ns A.PEARSON CORRINS H.THOMSON T.JAY SALMn! July 15, 1996 - _• - it1 1 0 1770 Paul Bilotta Acting City Administrator _ 1v_.._ 11{01., City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Dear Paul: Thanks for your call of today. We'll be most pleased to act as interim city attorney for the City of Shakopee. I understand that you want us to act on all routine municipal matters, including attendance at council meetings. (I notice that your next meeting is Tuesday, July 16 and this may require us to make a temporary assignment of an attorney for that meeting.) In the next few days, we'll be assignment one of our experienced attorneys to serve as city attorney. For the first month or so, it may be best for you and your staff members to channel requests for help through me. In this way, we can build up a team of lawyers to respond to various areas of specialties. We'll be in touch soon about a permanent assignment. As we discussed, we will bill the city for services at the rate of $120 per hour for attorneys and $60 per hour for paralegals, plus reasonable and necessary expenses incurred on behalf of the city. I assume that we will also perform service for the economic development authority and, unless I hear from you to the contrary, we will bill those services to the city at the same rate. I think it would be useful for us to meet with you soon at the city to become acquainted with you, your staff and city procedures. We'd also like to get a copy of the city ordinance code, including zoning ordinances and subdivision regulations. I assume, too, that we'll be able to confer with Karen Marty about the status of any ongoing matters. Please express our gratitude to the city council for this opportunity. We look rd to working with the city. You 14r y, 11 1 avi• -needy DJK:jes cc: James J. Thomson DJR107387 8E155-13 JASPERS JEROME JASPERS i9ie-1994) MORIARTY & DENNIS PATRICK MORIARTY WALBURG, P.A. STEPHEN W.WALBURG LEE VICKERMAN ANNE HEIMKES TUTTLE ATTORNEYS & COUNSELLORS AT LAW MICHELLE L.HEIMKES July 24, 1996 Mr. V. Paul Bilotta `'`�� 2 4 1996 Acting City Administrator City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379-1351 RE: Scott County Court File No. 96-06293 Shakopee EDA v. Mahoney, et.al. Dear Mr. Bilotta: We are in receipt of your letter dated July 18, 1996, wherein you requested that this office assume responsibility for handling the above captioned matter on behalf of the City of Shakopee. We appreciate the City's expression of confidence in our office. If you wish this office to proceed, we will use the following procedure in billing the City: 1. The hourly billing rates of the attorneys in this office are between $150.00 per hour and $135.00 per hour. All services rendered to the City of Shakopee by attorneys will be at the rate of $125.00 per hour. Paralegal time will be billed at a substantially lower rate. 2. We will provide the City with a detailed billing reflecting the services rendered, the time expended, the rate charged and the total fee for that service. In addition, our billing will identify postage, costs advanced and copying charges. Our billing rate is based upon breaking each hour of service into 10-time units and billing at six minute intervals. 3 . We will provide the City with monthly billings reflecting services rendered during the prior 30-day term. Having just completed a condemnation matter in Dakota County, we have familiarity with the various contingencies which may arise causing the political subdivision to incur additional costs and expend more time than anticipated in concluding a condemnation action. Therefore, it is difficult to predict, with accuracy, a 206 SCOTT STREET• SHAKOPEE.MINNESOTA 55379 • (612)445-2817 BELLE PLAINE OFFICE • (612)873-2988 FAX NO.445-0812 Mr. V. Paul Bilotta RE: Shakopee EDA v. Mahoney, et.al. July 23 , 1996 Page 2 maximum dollar amount for attorney's fees. We would expect that if this condemnation proceeding is not aggressively contested, the cost of legal services should not exceed the sum of $5,000.00. However, if you wish our office to proceed, it must be with the understanding that unanticipated problems may arise which would cause this fee to be increased. In such event, we will promptly communicate to the City staff the nature and extent of these problems and review with the staff our recommended response and projected additional costs. Regrettably, we cannot be more exact on this issue. We do believe that our method of billing and the accuracy of our time records will satisfy the City's concern of limiting legal costs. After you have reviewed this information, we would be happy to discuss any of these matters with you in detail. If this proposal is accepted, please advise us and we will proceed with handling this matter to its' conclusion. We will look forward to hearing from you. Very truly yours, JASPERS, MORIARTY AND WALBURG, P. A. Dennis P. Moriarty Attorney at Law DPM:bjm AUG-01-96 14 :32 FROM:KENNEDY & GRAVEN ID:6123379310 PAGE 2/5 KENNEDY & GRAVEN CHARTERED AI$oror s at Law SoN 470 Pillsbury Center,Mi pole,Minnesota 55402 JAMESLARRY M. WE T/a ROBERT A.ALSO? (612)337-9300 LOSBY M.WILMS M SOMME L.WILMS DMZ M.BAT ERsoN Joe y TANG RONALD H.BATTY Foment'a(612)337-9310 SEMEN J.REBEL JOI?B.DEAN DAVID L.Gk*YEN(1929-1991) DANIEL J.GResyswsua _ DAVID 3.KENNEDY CRARLFS L.LES vBRr OF COMM, M.LITENRE,JR. WRITER'S DIRECT DIAL ROBERT C.CARLSON JOHNRoBEAT L.DAVIDSON Bonn 3.LANDAU WELLINGTON H.LAW ROBERT c.Lotto 337.9299 JAMES M.STROMMIM MAID B.OI 30N Cue=A.PEARSON COIUGNE B.TEOM SON T.JAY SALMEN August 1, 1996 Mr. Mark McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 RE: Interim City Attorney Services Dear Mark: Thank you for asking us to provide city attorney services for the City of Shakopee on an interim basis. Please express our gratitude to the City Council for allowing us the opportunity to work with them and the staff. You requested that I prepare a fee proposal for our services. We propose to charge an hourly rate of$120 for attorneys, $60 per hour for paralegals and $50 per hour for law clerks. Travel time will not be billed. Reimbursable expenses such as copying charges, long distance phone calls and faxes will be billed at cost. Attendance at council meetings will be billed at $60 per hour. We will submit our invoices on a monthly basis. Invoices will contain a detailed description of the work performed and the amount of time spent on the matter. I will be the lead attorney for the city. Bob Long will assist me on all general legal matters, and Dave Kennedy will assist in any matters pertaining to municipal finance. The other attorneys in the firm will be used on an as needed basis, based on the specific legal issue involved. JJa107943 Sri155-13 AUG-01-96 14 : 33 FROM KENNEDY & GRAVEN ID=6123379310 PAGE 3/5 Mr.Mark McNeiIl August 1, 1996 Page 2 I look forward to serving as the interim attorney for the city. I am enclosing a copy of my resume for your review. Sincerely, s J. Thomson JJT:jes Enclosure cc: Dave Kennedy (w/o enclosure) Bob Long (w/o enclosure) JJT1079ti3 si tS5-13 AUG-01-96 14 : 33 FROM KENNEDY & GRAVEN ID:6123379310 PAGE 4/5 • JAMES J. THOMSON BACKGROUND AND EDUCATION J.D., magna cum laude, University of San Diego, 1976 B.A., University of Notre Dame, 1969 Capt., USMC, 1969-1973 PROFESSIONAL EXPERIENCE November, 1989 to present: Director, Kennedy & Graven, Chartered; City Attorney for the City of Plymouth 1986-92 and City of Mounds View, 1992-1995; emphasis in municipal law, land use and civil litigation. August, 1982 to November, 1989: Director, LeFevere, Lefler, Kennedy, O'Brien & Drawz; emphasis in municipal law, land use and civil litigation. January, 1979 - August 1982; Deputy City Attorney, San Diego City Attorney's Office, Civil Litigation Division; emphasis in real property, eminent domain, construction, environmental and land use litigation. December, 1976 - January, 1979: Deputy City Attorney, San Diego City Attorney's Office,Criminal Division; duties consisted of preparing appellate cases and training trial deputies; prosecuting attorney in over 35 jury trials. PROFESSIONAL MEMBERSHIPS American Bar Association Minnesota and California Bar Associations Hennepin County Bar Association Minnesota City Attorney's Association (Past President) International Municipal Lawyers Association PUBLICATIONS Landlord Tort Liability in California; Are the Restrictive Common Law Doctrines on Their Way Out? 12 San Diego Law Review 401 (1974) Report of The Municipal Labor Relations Committee, 40A Municipal Law Review 13 (1977) 1993 Annual Report of the Land Development, Planning and Zoning Section of the National Institute of Municipal Law Officers, "Update on Regulation of Adult Entertainment Businesses" AUG-01-96 14 : 33 FROM:KENNEDY & GRAVEN ID:6123379310 PAGE 5/5 LECTURER 1984 Update for City Attorneys, "Competitive Bidding" Minnesota Institute of Legal Education, Statute of Limitations, "Municipal, State, and Federal Notice Requirements and Statutes of Limitations on Claims Against the Government" (1987, 1990) American Planning Association, Land Use Seminar, "Dedication of Land for Public Purposes" (1987) 1988 Update for City Attorneys, "Zoning Issues" Minnesota Continuing Legal Education, "Land Use and Real Estate Development, Proving Damages in Inverse Condemnation Cases" (1988) Municipal Law Forum, "The Future of Regulatory Takings" (1988) Hennepin County Bar Association, "The Takings' Question" (1988) 1989 Federal Court Practice Seminar, "Governmental Liability for Regulatory Takings" Minnesota Continuing Legal Education, "How to Represent Clients in Inverse Condemnation" (1990) 1991 Update for City Attorneys, "Regulation of Adult Uses" National Institute of Municipal Law Officers,"Land Use Issues: Regulation of Churches" (1992) Minnesota State Bar Association, "Land Use and the First Amendment" (1993) 1993 Update for City Attorneys, "Regulatory Takings After Lucas and Wim" Hennepin County Bar Association, Local Government Committee, "Regulatory Takings After Lucas and Woodbury" (1993) Minnesota State Bar Association,Public Law Section, "Regulation of Adult Uses"(1994) 1994 Update for City Attorneys, "Open Meeting Law: Recent Developments" League of Minnesota Cities Annual Meeting, "Open Meeting Law" (1994) Hennepin County Bar Association, Real Property and Environmental Law Sections, "Regulatory Takings Law After Dolan" (1994 and 1995) Minnesota Institute of Legal Education, Environmental Law Institute, "Regulatory Takings" (1995) 1995 Update for City Attorneys, "Regulatory Takings" • • /02 N CITY OF SHAKOPEE.. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Pest Control Contract -Library DATE: July 31, 1996 INTRODUCTION: The Council is asked to approve a contract with Adams Pest Control for services at the Library. BACKGROUND: Charlie Fuller, Custodian, has indicated a need for a pest control contract at the Library building. He says that there continues to be a problem with insects and rodents. In the past, Adam's has been treating the problem on a"as needed" basis. By having this on a contract, they will follow- up their work and return if the services are needed more often then quarterly. BUDGET IMPACT: The proposed rate of$55.00 per quarter($220.00 annually). Money for this is included in the Library's Operating Budget. RECOMMENDATION: Staff recommends execution of the proposed contract. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate City officials to execute the attached standard proposal submitted by Adam's Pest Control, Inc., for the Shakopee Public Library building. Mark McNeill City Administrator MM:tw oi ECTi • STANDARD PROPOSAL EFFECTIVE DATE: 7//6:1166:116� QPlir A11/0 5�9�a�C� t �� 9� tK M S PEST CONTROL,INC. AREA:: �i�Ort-S-00% s -J m Corporate Office ".1 ya 872 Highway#55 r Hamel, Minnesota 55340 4DAM'S (612)478-9810 &647-1221 &533-2255&888-9973 I FAX(612)478-6715 • 1-800-227-2214 PROPOSALSUBMITTED Q+EDTO PHONE l� �n DATE Q STREET C l ...c/ t2 e. 't Q/0- il l —/5— 36 so 7// E/( (( Azo JOB NAME C� CITY, ZIP CODE e f —c-/- JOB LOCATION5c—e# C!' G c £ �� r 51a.l<c -tee_//-7/t/ .Ss-7 7? 2 3 5.. . )u-f--1,1 C-e_w 's =5"-14-. . ATTN: PEST ^;CONTROL TECH�CIAN JOB PHONE We hereby submit specifications and estimates for the protection and prevention of:(List pests to be included in this Agreement): i'ih; /4.1 f' C.,e - 0Ct_C-L-cs) S t ( v C..- .�r1, 01.".11-7.5'> r P'(sc.. -r`-s,-0(*.C4 er//c- A. Any agreement between Gg' C c s7 o- &c:�-�e and Adam's Pest Control,Inc.will be accepted on a to D day trial period and you must be satisfi d before making any payment. B. The regular areas to be serviced are: e1/('F,c--C__ /i t- r'&Z-d --(- C. All pesticide selection and application will be performed by University trained,experienced,qualified,licensed pest control technicians. D. E.P.A.Approved Chemicals are used in environmentally safe application methods. E. Certificate of Insurance,sample labels of products and M.S.D.S.,will be furnished upon request. F. Adam's Pest Control are members of the National and Minnesota Pest Control Associations to keep us abreast of recent developments,data,and regulations to serve our customers witht the best equipment and information available. G. Additional services,if needed,are to be dealt with promptly and at no extra charge,(for pest listed). H. Service will be rendered at a specified time,to keep your operations normal. I. All labor,equipment and materials are included in the following price: J. Regular services will be performed 612 C_e_ per pe,/--rc.',at the rate of$ -5S cro per 9 v 42-4'-i-P-e" (plus tax). K. L. SERVICE GUARANTEE:We agree to apply chemicals to control above-named pests in accordance with terms and conditions of this Service Agreement.All labor and materials will be furnished to provide the most efficient pest control and maximum safety required by federal,state and city regulations. SERVICE RENEWAL:This agreement shall be for an initial period of one year,and will renew itself annually unless either party cancels this agreement by giving thirty days written notice. We propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of: G t 4 i✓L ISS__ dollars($ 51. oI" ). Payment)9 be made as follows: / s /rt(..." d ( LC,4 All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according /e�'lCA' Cie,, Authorized Signature to standard practices.Any alteration or deviation from above specifications involving extra costs will be 'S PEST CONTROL executed only upon written orders,and will become an extra charge over and above this estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Our workers are fully Note: This proposal may be withdrawn /� covered by Workmen's Compensation Insurance. by us if not accepted within fp G days. In applying for credit.I understand the following: 1)Terms are net 30. 2)It payment is not received before next bhang date,a service charge of 1.5%of the unpaid balance is added to the amount due.This is an annual percentage rate of 18%. 3)It is your responsibility to notify us inwritingin case of change of ownership,name or management change. (Date) (Applicant's Signature&Title) Acceptance of Proposal--opoSQC The above prices,specifications Print Name: and conditions are satisfactory and are hereby accepted.You are authorized Title: to do the work as specified.Payment will be made as outlined above. Signature: X Date of Acceptance: Owners Name( ) WHITE-ADAM'S COPY CANARY-CUSTOMER COPY PINK-SALESMAN COPY Wb? CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Low Flow Design and Channel Repair for Upper Valley Drainageway DATE: August 6, 1996 INTRODUCTION: At the September 19, 1995 Council meeting, the Upper Valley Drainageway(U.V.D.)trail correction plan was discussed and approved for the area east of CR 79 to Vierling Drive. The trail crossing improvement from the U.V.D. trail to Mint Circle was discussed along with channel repairs from this trail crossing to the pond. Council gave staff direction to prepare a plan for repairing these areas and bring back to Council for approval. This item is for Council approval of the trail crossing and channel repairs. BACKGROUND: The City built the U.V.D. and trail from Tahpah Park to east of CR 79 in 1994. A trail connection across the U.V.D. channel was placed at the bottom of the channel to minimize costs. During 1995, O'Dowd lake was overflowing to the U.V.D. for most of the year, thus water was flowing across the trail connection which is not desirable for public use of the trail. Staff has reviewed this problem and is recommending that a low flow structure be placed which will allow the peak flow of a 1 year storm event ( 2.4 inch rainfall in 24 hours) to flow under the trail connection for most of the year. Attached to this memo is a drawing of a low flow structure for pedestrian traffic utilizing a concrete precast panel. Staff is recommending this design option versus the installation of several culverts and raising of the trail for the following reasons: • Cost of low flow structure (Estimated $11,550.00) is essentially the same cost as the pipe option($13,000.00). • The low flow structure will not change the hydraulic design of the channel as much as the pipe option. • The low flow structure will have more hydraulic capacity. Another problem in this area is the erosion of the U.V.D. channel from the trail connection to the Meadows pond. The slope of the channel steepens in this area and the erosion of the channel is approximately three feet in deep in some sections. To correct the problem, regrading of the channel and installation of erosion mats such as riprap or concrete mats is recommended. Staff is proposing to regrade the channel, dredge the pond slope, and place concrete erosion mats utilizing Public Works personnel. Equipment rental of a dozer and a backhoe is necessary to complete this work. The cost of the low flow structure and channel repair improvements are itemized on the attached spreadsheet as Attachment No. 1 and as follows: Low flow structure crossing: Materials: $ 6,750.00 Labor(City Personnel) $ 4,800.00 TOTAL CROSSING $11,550.00 Channel Improvements: Materials: $ 6,500.00 Equipment Rental $ 1,500.00 Labor(City Personnel) $ 3,200.00 TOTAL CHANNEL $11,200.00 Much of the work proposed can be done by Public Works personnel in order to save money versus contracting with a contractor. A small project of this nature is difficult in finding a contractor interested at this time of the year. Also Public Works staff can perform this work and still perform its summer maintenance duties due to the dry weather. The U.V.D. project currently has approximately $202,000.00 left in the project account per the Finance Director. The City has $64,000.00 in retainage due to the U.V.D. Contractor and has approximately $30,000.00 of work left on the project. Council did authorize trail correction work last year at an estimated cost of$20,000.00. The cost of the trail crossing and channel repair work is approximately $23,000.00 including Public Works labor cost. Staff would recommend that the low flow structure and channel improvements be paid from the 1993-3 project account as sufficient funds exist and is project related. This project was funded with TIF, Storm Drainage, and MnDOT funds. ALTERNATIVES: 1. Move to direct staff to construct a low flow structure and channel repair as described in this memo with the cost of the work to be paid from Project 1993-3 funds. 2. Do not authorize the low flow structure and channel repair work at this time. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1 so that the trail crossing of the U.V.D. and channel improvements can be completed this year as both improvements are needed to make the trail usable for most of the year and to restore the channel to a stable condition and prevent further erosion. ACTION REQUESTED: 1. Move to direct staff to construct a low flow structure and channel repair as described in this memo with the cost of the work to be paid from Project 1993-3 funds. f • Bruce Loney Public Works Director BL/pmp NOISE Sheet1 Project: Low Flow Structure for Pedestrian Traffic Date: July 31, 1996 Crossing-Materials UNIT UNIT COST QUANTITY COST 26'X 8'Pre-Cast Concrete Panel _ Delivered and Installed LS $ 3,500.00 1 $ 3,500.00 Concrete For Base CY $ 60.00 7 $ 420.00 Rent Backhoe DAY $ 600.00 0.5 $ 300.00 Guard Rail LF $ 30.00 60 $ 1,800.00 Re-Inforcement Bar LS $ 250.00 1 $ 250.00 Bituminous Trail SF $ 3.00 160 $ 480.00 I Misc Materials/Restoration LS $ 1,500.00 1 $ 1,500.00 $ 6,750.00 Crossing-Labor UNIT UNIT COST QUANTITY COST City Personnel(Crew) HR $ 80.00 60 $ 4,800.00 $ 4,800.00 TOTAL CROSSING $ 11,550.00 Rip-Rap Channel Improvements CI III Rip-Rap W/Filter Blanket 2"Steps";30'X 30'X 2'Each CY $ 25.00 140 $ 3,500.00 Rent Backhoe DAY $ 600.00 1.5 $ 900.00 Rent Dozer DAY $ 120.00 5 $ 600.00 City Personnel(Crew) HR $ 80.00 40 $ 3,200.00 Restoration(sod/seed) LS $ 500.00 1 $ 500.00 $ 8,700.00 Cable Concrete Channel Improvements Cable Concrete(material only) 2"Steps";30'X 25' Each SF $ 4.00 1500 $ 6,000.00 Rent Backhoe DAY $ 600.00 1.5 $ 900.00 Rent Dozer DAY $ 120.00 5 $ 600.00 City Personnel(Crew) HR $ 80.00 40 $ 3,200.00 Restoration LS $ 500.00 1 $ 500.00 $ 11,200.00 Page 1 2 >- I-- , J Q Li ^ > W I- Q V x U J Z O Q ID s t lj Z Ilillill W H . I- L ® x X -4- z Li , i II #t O J_ : -�F-IIL r4-4 W Q' W X L_�_ ' �". I1 • I- 3 0 D (--) U it N Iii U 1111 (1/ 1 il 7 D - . 1 .4J — I � li n Q v) .1 - . ,_-, 0 - - 3 1 II I— EITE W I a_ " ,:11 L._ 1.-Y -11 —J Q it o W 3 J � • II Ci o W � d- o A 1=11 It — 00 W •a Ij .III W N. W D M G A A _ CY VIII I Q TC i x 8 x w ,8—,8 1 Q Ft to :Ft :Rn IP TV PGM ]90I 9/1d1H0Ii0 9M0/ :0 #/p? D: CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Low Flow Design and Channel Repair for Upper Valley Drainageway DATE: August 6, 1996 INTRODUCTION: At the September 19, 1995 Council meeting, the Upper Valley Drainageway(U.V.D.) trail correction plan was discussed and approved for the area east of CR 79 to Vierling Drive. The trail crossing improvement from the U.V.D. trail to Mint Circle was discussed along with channel repairs from this trail crossing to the pond. Council gave staff direction to prepare a plan for repairing these areas and bring back to Council for approval. This item is for Council approval of the trail crossing and channel repairs. BACKGROUND: The City built the U.V.D. and trail from Tahpah Park to east of CR 79 in 1994. A trail connection across the U.V.D. channel was placed at the bottom of the channel to minimize costs. During 1995, O'Dowd lake was overflowing to the U.V.D. for most of the year, thus water was flowing across the trail connection which is not desirable for public use of the trail. Staff has reviewed this problem and is recommending that a low flow structure be placed which will allow the peak flow of a 1 year storm event ( 2.4 inch rainfall in 24 hours) to flow under the trail connection for most of the year. Attached to this memo is a drawing of a low flow structure for pedestrian traffic utilizing a concrete precast panel. Staff is recommending this design option versus the installation of several culverts and raising of the trail for the following reasons: • Cost of low flow structure (Estimated $11,550.00) is essentially the same cost as the pipe option ($13,000.00). • The low flow structure will not change the hydraulic design of the channel as much as the pipe option. • The low flow structure will have more hydraulic capacity. Another problem in this area is the erosion of the U.V.D. channel from the trail connection to the Meadows pond. The slope of the channel steepens in this area and the erosion of the channel is approximately three feet in deep in some sections. To correct the problem, regrading of the channel and installation of erosion mats such as riprap or concrete mats is recommended. Staff is proposing to regrade the channel, dredge the pond slope, and place concrete erosion mats utilizing Public Works personnel. Equipment rental of a dozer and a backhoe is necessary to complete this work. The cost of the low flow structure and channel repair improvements are itemized on the attached spreadsheet as Attachment No. 1 and as follows: Low flow structure crossing: Materials: $ 6,750.00 Labor(City Personnel) $ 4.800.00 TOTAL CROSSING $11,550.00 Channel Improvements: Materials: $ 6,500.00 Equipment Rental $ 1,500.00 Labor(City Personnel) $ 3.200.00 TOTAL CHANNEL $11,200.00 Much of the work proposed can be done by Public Works personnel in order to save money versus contracting with a contractor. A small project of this nature is difficult in finding a contractor interested at this time of the year. Also Public Works staff can perform this work and still perform its summer maintenance duties due to the dry weather. The U.V.D. project currently has approximately $202,000.00 left in the project account per the Finance Director. The City has $64,000.00 in retainage due to the U.V.D. Contractor and has approximately $30,000.00 of work left on the project. Council did authorize trail correction work last year at an estimated cost of$20,000.00. The cost of the trail crossing and channel repair work is approximately $23,000.00 including Public Works labor cost. Staff would recommend that the low flow structure and channel improvements be paid from the 1993-3 project account as sufficient funds exist and is project related. This project was funded with TIF, Storm Drainage, and MnDOT funds. ALTERNATIVES: 1. Move to direct staff to construct a low flow structure and channel repair as described in this memo with the cost of the work to be paid from Project 1993-3 funds. 2. Do not authorize the low flow structure and channel repair work at this time. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1 so that the trail crossing of the U.V.D. and channel improvements can be completed this year as both improvements are needed to make the trail usable for most of the year and to restore the channel to a stable condition and prevent further erosion. ACTION REOUESTED: 1. Move to direct staff to construct a low flow structure and channel repair as described in this memo with the cost of the work to be paid from Project 1993-3 funds. 4a-0 ,firad/ Bruce Loney Public Works Director BL/pmp NOISE Sheetl Project: Low Flow Structure for Pedestrian Traffic Date: July 31, 1996 Crossing-Materials UNIT "UNIT COST QUANTITY COST 26'X 8'Pre-Cast Concrete Panel • Delivered and Installed LS $ 3,500.00 Concrete For Base 1 $ 3,500.00 CY $ 60.00 7 $ 420.00 Rent Backhoe DAY $ 600.00 Guard Rail 0.5 $ 300.00 LF $ 30.00 60 $ 1,800.00 Re-inforcement Bar LS $ 250.00 1 $ 250.00 Bituminous Trail SF $ 3.00 160 $ 480.00 Misc Materials/Restoration LS $ 1,500.00 1 $ 1,500.00 $ 6,750.00 Crossing-Labor UNIT UNIT COST QUANTITY COST City Personnel(Crew) HR $ 80.00 60 $ 4,800.00 $ 4,800.00 TOTAL CROSSING $ 11,550.00 Rip-Rap Channel Improvements CI III Rip-Rap W/Filter Blanket 2"Steps";30'X 30'X 2'Each CY $ 25.00 140 $ 3,500.00 Rent Backhoe DAY $ 600.00 1.5 $ 900.00 Rent Dozer DAY $ 120.00 5 $ 600.00 City Personnel(Crew) HR $ 80.00 Restoration(sod/seed) LS $ 500.00 401 $ 3,200.00 1 $ 500.00 $ 8,700.00 Cable Concrete Channel Improvements Cable Concrete(material only) 2"Steps"; 30'X 25' Each SF $ 4.00 1500 $ 6,000.00 Rent Backhoe DAY $ 600.00 1.5 $ 900.00 Rent Dozer DAY $ 120.00 5 $ 600.00 City Personnel(Crew) HR $ 80.00 40 $ 3,200.00 Restoration LS $ 500.00 1 1 $ 500.00 $ 11,200.00 00.00 Page 1 0 >- F-- v J Q r. H 0... U >- w F- U J O Q Z ~' O Cu W Vj !{,'I I j H a Z = CaJ li Qa.. rl _. X 771,----EitanZ L,,,IO_ Q 'sr Y�I' Q iX ' w Ice lIllIlIlIIlIllIIIl:V) 03 , LL U �-► N o l�-1 cpI Jl _ \ In H Lo N I _ H II U '- H II q W Li_Q �Ili�II Z J II Q cz , I__ I____ I� C: =1 J i w '_'7 Li L_L__ c/ U LL Q o W ii 0 � ¢ �111 (U 3L_ 7,-:TTci W �i x L-,_:;1 Er, Int ' 1= tet, O II COW ;IIF O um `!I >- Q x 34E 31E r x 31E 31E ,8-,C CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator t&tw FROM: Bruce Loney,Public Works Director SUBJECT: Review of Scott County Highway Runbacks DATE: August 6, 1996 INTRODUCTION: Attached to this memo is a letter with attachments from Brad Larson, Associate Administrator-Public Works and Land, in regards to proposed County highway turnbacks in the City Limits of Shakopee. The purpose of this agenda item is to review the County highway turnback proposal and provide direction to staff as to the City's position on these turnbacks. BACKGROUND: Scott County Highway Department has reviewed its County Highway System and is recommending a series of turnbacks throughout the County on roadways that do not fit a County Highway classification, but fit a more local collector street classification. For the City of Shakopee,the jurisdiction transfer of roadways are as follows: • CSAH 16, from T.H. 300 to CSAH 17 • C.R. 18, from new C.R. 18 to T.H. 101 • C.R.72, from C.R. 79 to CSAH 17 • C.R. 77, from Shakopee Bypass to 6th Avenue The total number of miles in this proposed turnback is 5.49 miles. It should noted that C.R. 77 (Apgar Street) turnback was previously agreed to in a Cooperative Agreement in which Scott County paid the City$277,000.00 towards the construction of Fuller Street. Attached also to this memo is a resolution concerning the relocation of CSAH 16 designation. In the turnback law for County highways to Cities, the City has to pass resolutions on only the County State Aid Highways that are turned back. County roads that are not State Aid designated, can simply be turned back by a Scott County Board action and the City is then responsible for that roadway. In the proposal, Scott County has set up criteria to treat Cities and Townships equally for bringing the condition of the road to meet County Standards or an equivalent payment depending on the age of the roadway and latest work done on that roadway. The main criteria is as follows: • If the roadway has not been paved or overlaid over the last 25 years, the City can request an overlay or receive$30,000.00 per mile cash equivalent. • If the segment of roadway has not be seal coated for over 15 years, the City can receive a seal coat or$5,000.00 per mile cash equivalent. • On gravel roads, the City can ask for the road to be regraveled or receive the equivalent cash payment of$5,000.00 per mile. In addition to the upgrading of the road to certain standards of the County, the County would also pay the City for roadway maintenance over a two year period similar to turning back roads to Townships. This maintenance payment would not exceed the County's base year of$5,958.00 per mile per year, and the County would pay this for a two year period. Based upon this criteria and the conditions and the ages of the roads to be turned back,the City would receive the following payments: • CSAH 16 overlay/seal coat cash equivalent - $18,800.00 • C.R. 72 regraveling or cash equivalent- $3,750.00 • C.R. 18 and C.R. 77 do not qualify for improvements due to the recent overlay of C.R. 18 and separate Cooperative Agreement with C.R. 77. • The roadway maintenance cost equivalent to the City for its 5.49 miles at $5,958.00 per mile over a two year period would be $51,833.00. In summary, the City of Shakopee would receive a total of$74,383.00 for improvements and maintenance in two equal payments with one payment in 1996 and the other in 1997. In review of the two highways, receiving cash equivalent or improvements by the County, staff would recommend the City receive the cash equivalent for CSAH 16 and for C.R. 72. CSAH 16 is 6th Avenue, from TH 300 to Fuller Street; Fuller Street, from 6th Avenue to 4th Avenue; and 4th Avenue, from Fuller Street to Marschall Road. Recently 4th Avenue has been improved and is in good shape. Fuller Street, from 4th Avenue to 6th Avenue and 6th Avenue, from Fuller Street to T.H. 300 will need to be reconstructed in the near future with sanitary sewer and watermain replacement, thus an overlay would not be cost effective. C.R. 72, from C.R. 79 to CSAH 17 is on the Southerly City Limit line border with Spring Lake Township. This road has very little traffic and appears to be in fairly good shape at this time. An agreement for future maintenance on this roadway between the City and Spring Lake Township will be necessary. Staff will contact Spring Lake Township for their position on whether to regravel or take the cash equivalent before the Council meeting. Included with this letter from Brad Larson is a resolution on revocation of CSAH 16 in Shakopee, which the City must adopt in order for the turnback to occur. As mentioned previously, only State Aid Highways require this resolution approval from the City. County roads require only a County Board action to be turned back to the City. The purpose of this item is to review the County Highway turnback proposal and provide direction to staff on whether or not this proposal and compensation is adequate. Staff would like Council to: 1. Review the transfer of jurisdiction of the County roads proposed and provide direction to staff as to whether or not the City Council agrees with these roads being turned back. 2. Is the compensation proposal by the County adequate from a City Council perspective? In summary, Counties can turn back County roads to Cities at no compensation and the County roads proposed to be turned back are those highways that fit a local collector classification versus a road serving County traffic. The proposal by Scott County has consistent criteria in treating both Cities and Townships equally with the turnbacks throughout the County. ALTERNATIVES: 1. Provide staff direction on the proposed County highway turnback, as to whether the transfer of jurisdiction of the roadways to the City is acceptable or not. 2. Provide direction to staff on the County highway turnback proposal, as to whether the compensation on assuming responsibility of the roadways to the City is acceptable or not. 3. Table for additional information. RECOMMENDATION: Staff has reviewed the County highway turnback proposal, and the transfer of jurisdiction of the roadways proposed are roadways that fit a local collector classifications versus County road classification. The compensation for the jurisdiction of transfer is at least consistent throughout the County, and provides the City with some revenue for the upgrade and upkeep of these roads. The County is under no requirement to compensate the City for County road turnbacks, however,the compensation package is being applied to treat the Townships and Cities equally. Staff would recommend that if the Townships receive a higher compensation in their negotiations with the County that the City receive the same compensation rate as the Townships. Whether or not to agree with the County proposal is a City Council policy decision and direction is needed from Council on this issue. ACTION REQUESTED: 1. Provide staff direction on the proposed County highway turnbacks, as to whether the transfer of jurisdiction of the roadways to the City is acceptable or not. 2. Provide direction to staff on the proposed County highway turnbacks, as to whether the compensation for improving and maintaining these roadways to the City is acceptable or not. / 1aLQs Bruce Loney Public Works Director BL/pmp TURNBACKS SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT "Cann 600 COUNTRY TRAIL EAST JORDAN,MN 55352-9339 GARY L. CUNNINGHAM (612)496-8346 COUNTY ADMINISTRATOR Fax:(612)496-8365 BRAD LARSON ASSOCIATE ADMINISTRATOR June 11, 1996 , it)r Val, =: 4 I� fr Bruce Loney, P.E. '% r. .r � Public Works Director 1986 129 Holmes St. S. Shakopee, MN 55379 Re: County Highway Turnbacks Dear Bruce: This is in response to our recent meeting concerning proposed County Highway turnbacks to the City of Shakopee. We would appreciate the City's review of the following proposal: • Transfer the jurisdiction of these roadways to the City; • County State Aid Highway 16 from TH 300 to CSAH 17 1.73 miles • County Road 18 from new CR 18 to TH 101 1 .87 miles • County Road 72 from CR 79 to CSAH 17 0.75* mile • County Road 77 from Shakopee Bypass to 6th Avenue 1.14** miles Total 5.49 miles * Includes the equivalent mileage within the City limits ** The CR 77 turnback previously agreed to under Cooperative Agreement 77-9503 in which Scott County paid the City$277,000 • City adopt resolution (attached) concerning the revocation of the County State Aid Highway designation for CSAH 16. • CR 18 would be turned back upon completion of new CSAH 18. In consideration for the City of Shakopee assuming responsibility for the above highway segments, Scott County Highway Department would recommend: • CSAH 16 Overlay/sealcoat portions or pay the equivalent $18,800 ($30,000/mile or $5,000/mile) • CR 72 Regravel or pay the equivalent ($5,000/mile) $ 3,750 Total cash equivalent $22,550 Note 1 : CR 18 and CR 77 did not qualify for base improvements due to recent overlay of CR 18 and separate Cooperative Agreement with CR 77. An Equal Opportunity/Safety Aware Employer Bruce Loney County Highway Turnback June 11 1996 Page 2 Note 2: Offer based on segment of roadway not having last been paved or overlayed for over 25 years (overlay or $30,000/mile) or segment of roadway not having last been sealcoated for over 15 years (sealcoat or $5,000/mile). In addition to the above improvements, Scott County would be responsible for any routine maintenance work such as ditch/culvert repair, patching and brush removal prior to the turnback. Finally, State statutes stipulate certain requirements for turning back roads to the townships. While these requirements do not apply to the City, Scott County, under this proposed turnback program, will offer the City those same conditions. Therefore, Scott County will pay the average cost per mile between the County and the City's annual roadway maintenance but in no case will that exceed the County's base year (1994) cost of $5,958/mile/year. The County will pay this for a two (2) year period. For the City of Shakopee that cost would be the cost of $5,958/mile or $51,833* for the two year period. In summary, should the City elect to receive the cash equivalents along with the maintenance costs, the City of Shakopee would receive a total of $74,383 in two equal payments with one payment in 1996 and the other in 1997. Attached for your information in reviewing this proposal is a map and table of all the proposed highway turnbacks and a map and table of the turnbacks within Shakopee. Please do not hesitate to contact us if you need additional information. Sincerely, i Bradley.J. Larson, P.E. Associate Administrator- Public Works and Lands BJUjkf c: Commissioner Bannerman Gary Cunningham, County Administrator * Excludes CR 77 as that turnback is part of a separate agreement Resolution No. WHEREAS, the County of Scott is proposing to revoke a portion of County State Aid Highway designation from County State Aid Highway (CSAH) 16, which lies in Section 6, Township 115, Range 22, and Section 1, Township 115, Range 23, described as follows: Beginning at the most easterly extent of State Trunk Highway 300; thence east along Sixth Avenue to its intersection with Fuller Street; thence north along Fuller Street to its intersection with Fourth Avenue; thence east along Fourth Avenue to the westerly right of way line of County State Aid Highway 17 and there terminating. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Shakopee, that the City Council approves and accepts such removal of the County State Aid Highway designation upon the Scott County Board of Commissioners revoking County State Aid designation from CSAH 16. Adopted by the City Council this day of , 1996. City Administrator Mayor CITY OF SHAKOPEE ROAD TURNBACKS Minnesota Valley Restoration Project- Murphy's Landing �r�, Jamesw.'Niikie ?o,i I Ihistorifsitei R 22W /( /Il '.��iRegional .=3rx �.\ , itis` 'ill' !�'�_� I M1nnesa o _� • I %.:{~h ]3 \ i 31u. \ r , �'i•}ol_",,fit/ -� -:_ //1/�.♦�T- - 4k,' ! :.I.-or ;;� �� _-���n�T�•" t{{ ern •o AV i<s --•iRwOif�t/t; _R• \` _1-1,..-"•• 1iJ�t' j1 '11 I 1:` :t� I i ! Va., vRV•er 1 ;;,; •��• \ �/ U`t`Su t.1t• 1 = I O.'.+ I 0 4 C I I /��� ' _�.►tt�;1.111 t����•1 ;r.+, a IiIII� �iL[��L',_ ���/ -// �'R\-� � u�' :ma c' 2tn I• AVE i • Ir i�ti - ` - ',tn�' - ' I I -I FT = r r. .. r IIn` a- _ — — LO • YOU2 \ = �\ I x &N.. 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WI ,iimiG . 11,11 VIP 0 'it _kii -, CO) ZW ;._ 041 �' 0 I , 7-01 r.:iQ�r�laWe a. z1 . --1,. . .., , "IIIII 0 ilei k ''EV Q ild foo • r_. .r j ' FF 1 13a- MEMO TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: August 2, 1996 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the September 10th Primary Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. RECOMMENDED ACTION: Offer Resolution No. 4474, A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. RESOLUTION NO. 4474 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL UNC L OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . The following persons are hereby appointed Judges of Election for the September 10, 1996 Primary Election for the eight polling precincts with the City of Shakopee designated in Resolution No. 4407, adopted March 12, 1996 : FIRST PRECINCT: Regular Judges Winnie Anderson, Chair SECOND PRECINCT: Regular Judges Bob Neiters Marcie Schmidt, Chair Rose Schleper Pat Mertz THIRD PRECINCT: Regular Judges Ann Eva Kubes Maetta Jurewicz, Chair Joe Schleper Jan Gerold Jerry Klein Pat Shroers Darlene Meuissen FOURTH PRECINCT AND SIXTH PRECINCT: Regular Judges Edna Wangerin, Chair Muriel Koskovich Pat Clemens Jermayn Leavitt FIFTH PRECINCT: Regular Judges Gayle Madigan Carol Link Virgilla Geske, Chair Betty Dols SEVENTH PRECINCT: Regular Judges Lillian Weinandt, Chair Kim Mueller Jaye Carlson Katheryn Marschall EIGHTH PRECINCT: Regular Judges Ruth O'Reilley Dora Harbeck Claudia Meyer, Chair JoAnn Coller Betty Teich Dorothy Ginter 2 . The Election Judges shall be compensated for their work at the rate of $5 . 00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $5 . 50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 1996 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 13R. REVISED - 8/5/96 RESOLUTION NO. 4474 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . The following persons are hereby appointed Judges of Election for the September 10, 1996 Primary Election for the eight polling precincts with the City of Shakopee designated in Resolution No. 4407, adopted March 12, 1996 : FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Vella Gould Geraldine Heiland Hazel Ecklund Evelyn Weckman Marie Beckrich SECOND PRECINCT: Regular Judges Bob Neiters Marcie Schmidt, Chair Rose Schleper Pat Mertz THIRD PRECINCT: Regular Judges Ann Eva Kubes Maetta Jurewicz, Chair Joe Schleper Jan Gerold .erry r ein rac oriroers Darlene Meuissen FOURTH PRECINCT AND SIXTH PRECINCT: Regular Judges Edna Wangerin, Chair Muriel Koskovich Pat Clemens Marge Bischoff FIFTH PRECINCT: Regular Judges Gavle Madigan Carol Link Virgilla Geske, Chair Betty Dols SEVENTH PRECINCT: Regular Judges Lillian Weinandt , Chair Kim Mueller Jaye Carlson Katheryn Marschall EIGHTH PRECINCT: Regular Judges Ruth O'Reilley Dora Harbeck Claudia Meyer, Chair JoAnn Coller Betty Teich Dorothy Ginter 2 . The Election Judges shall be compensated for their work at the rate of $5 . 00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $5 . 50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 1996 . Mayor of the City of Shakopee City Clerk Approved as to form: City Attorney ' 3d3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator lik►k FROM: Tom Steininger, Chief of Police SUBJECT: Southwest Metro Drug Task Force DATE: July 29, 1996 INTRODUCTION: Each year, the State of Minnesota Office of Drug Policy requires coordinators of regional task forces to submit resolutions indicating intent to participate in task force operations from each member agency. BACKGROUND: The state and federal governments encourage local law enforcement agencies to form regional task forces to investigate drug law violations. Significant sums of Federal and State drug enforcement money are distributed to these task forces. The Shakopee Police Department has been a member of the Southwest Metro Drug Task Force since its inception and wishes to continue participation in the task force. ALTERNATIVES: 1. Continue participation in the Southwest Metro Drug Task Force. 2. Discontinue participation in the task force. BUDGET IMPACT: $8,400 requested in 1997 budget under Division Code 4430 -Designated Miscellaneous. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Offer Resolution#4477, a resolution to enter a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for participation in the Southwest Metro Drug Task Force. RESOLUTION NO. 4477 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REGARDING PARTICIPATION IN THE SOUTHWEST METRO DRUG TASK FORCE. WHEREAS, for several years the City has participated in the Southwest Metro Task Force; and WHEREAS, the Task Force is managed by the Office of Drug Policy in the Minnesota Department of Public Safety; and WHEREAS, the Task Force has successfully brought about numerous drug convictions; and WHEREAS, each year the City enters into a cooperative agreement in order to continue this relationship. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the appropriate City officials hereby are authorized to enter into a cooperative agreement with the Office of Drug Police in the Minnesota Department of Public Safety for the project entitled Southwest Metro Drug Task Force for the 1997 calendar year. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [RESDRUG] 13J3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator r`"i FROM: Tom Steininger, Chief of Police SUBJECT: Southwest Metro Drug Task Force DATE: July 29, 1996 INTRODUCTION: Each year, the State of Minnesota Office of Drug Policy requires coordinators of regional task forces to submit resolutions indicating intent to participate in task force operations from each member agency. BACKGROUND: The state and federal governments encourage local law enforcement agencies to form regional task forces to investigate drug law violations. Significant sums of Federal and State drug enforcement money are distributed to these task forces. The Shakopee Police Department has been a member of the Southwest Metro Drug Task Force since its inception and wishes to continue participation in the task force. ALTERNATIVES: 1. Continue participation in the Southwest Metro Drug Task Force. 2. Discontinue participation in the task force. BUDGET IMPACT: $8,400 requested in 1997 budget under Division Code 4430 -Designated Miscellaneous. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Offer Resolution #4477, a resolution to enter a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for participation in the Southwest Metro Drug Task Force. 13ç TO: Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 4476 Bank Transfers DATE: July 22, 1996 ;ntroductioa The City need to update the authorizations for Marquette Bank to transfer funds. Background As a result of the change in personnel, various agreements are being reviewed and updated. This is a housekeeping type issue and does not change any procedures currently in effect. Action Requested Offer Resolution No. 4476 A Resolution Amending Resolution No. 4179 Authorizing Bank Transfers, and move its adoption. is\finance\docs\cash\city\marqtran l5 C TO: Mark McNeill, City Administrator Ran FROM: Gregg Voxland, Finance Director RE: Resolution No. 4476 Bank Transfers DATE: }7uly 22, 1996 ,Introduction The City need to update the authorizations for Marquette Bank to transfer funds. Background As a result of the change in personnel, various agreements are being reviewed and updated. This is a housekeeping type issue and does not change any procedures currently in effect. Action Requested Offer Resolution No. 4476 A Resolution Amending Resolution No. 4179 Authorizing Bank Transfers, and move its adoption. is\finance\docs\cash\city\marqtran • • RESOLUTION NO. 4476 A RESOLUTION AMENDING RESOLUTION NO. 4179 AUTHORIZING BANK TRANSFERS WHEREAS, the city has a formal fund transfer agreement with Marquette Bank N.A. which the city utilizes as a depository and, WHEREAS, the City finds it necessary to change the authorized parsonnel on that agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No. 4197 authorizing wire transfers is hereby amended to update the personnel so that any two of the persons named below are authorized to initiate written payment orders or request changes pertaining to the Wire Transfer Agreement, including changes in security codes, telephone notification, transaction limits, call-back parties and repeat codes. Name Title signature Mark McNeill City Administrator Paul V. Bilotta Community Development Director Gregg M. Voxland Finance Director Vernice F. Takumi Accountant The authority conferred herein shall continue in full force and effect until written notice of its revocation shall be received by the Bank. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of August, 1996. Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney • • • CERTIFICATE I, Judith S. Cox, do hereby certify to Marquette Bank, N.A. (the "Bank") that I am the duly appointed and qualified City Clerk of the City of Shakopee (the "City") , further certify that: Approval of Wire Transfer Agreement The following resolution was duly adopted by the City Council of the City, has not been modified or amended and remain in full force and effect as on the date hereof, and that the signature following each name listed below is the genuine signature of the person named. Resolved, that Resolution No. 4197 authorizing wire transfers is hereby amended to update the personnel so that any two of the persons named below are authorized to initiate written payment orders or request changes pertaining to the Wire Transfer Agreement, including changes in security codes, telephone notification, transaction limits, call-back parties and repeat codes. Name Title Signature Mark McNeill City Administrator Paul V. Bilotta Community Development Director Gregg M. Voxland Finance Director Vernice F. Takumi Accountant The authority conferred herein shall continue in full force and effect until written notice of its revocation shall be received by said Bank. Witness my hand and the seal of the City of Shakopee this day of August, 1996. (signature) (title) (attest) i 'ad CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: City-School Joint Use Resolution DATE: August 6, 1996 INTRODUCTION: On July 2, 1996, City Council directed staff to work with the Shakopee School District to prepare a resolution designating Tahpah Park and Lions Park as joint City-School community activity sites. Attached to this memo is a resolution, as directed by Council. $ACKGROUND: City Council, in the past, has been concerned with speed limits on County roads within the City of Shakopee urbanized areas. In meeting with the County Highway Engineer and County Transportation Committee, the County does have the right to designate school zones on County highways and establish a lower speed limit through the school zones. By designating Lions Park and Tahpah Park as joint City-School use areas, the County can then designate this as a school zone and establish a lower speed limit in this area. The attached resolution declares these parks as joint City-School activity sites and establishes an activity time period from 6:00 A.M. to 10:00 P.M. Bob Ostlund, Superintendent for the School District, has been contacted and will present this item for discussion at the August 19, 1996 School Board meeting. If both resolutions from the City and the School are adopted, they would be forwarded to Scott County for their consideration of designating a school zone on adjacent County Road (C.R.) 15 and to establish a school zone speed limit in this area. ALTERNATIVES: Adopt Resolution No. 4480. Deny Resolution No. 4480. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1, which would allow the County to designate a school zone on C.R. 15 and lower the speed limit in this area. Currently, the City and School District has a Joint Powers Agreement, for use of City and School facilities for educational and recreation activities, and in this agreement Tahpah Park and Lions Park are included. ACTION REQUESTED: Offer Resolution No. 4480, A Resolution Declaring a Joint Use of Tahpah Park and Lions Park, Between the City of Shakopee and Independent School District #720 and move its adoption. 5 i b"tkr-Q. 6er7\-'14/ Bruce Loney Public Works Director BL/pmp 1 JOINT (Pk - • RESOLUTION NO. 4480 A Resolution Declaring A Joint Use Of Tahpah Park And Lions Park, Between The City Of Shakopee And Independent School District #720 WHEREAS, the City of Shakopee has constructed and operates facilities, within its park and recreation system, which are made available for a multitude of active and passive recreation and educational activities;and WHEREAS, the City operates recreational facilities which are made available to Independent School District#720 at Tahpah Park and Lions Park; and WHEREAS, it has been determined to be in the best interest of the citizens of the City of Shakopee and Independent School District #720, to provide for the joint use of public facilities as much as possible, so as to reduce the tax burden of the City and the School and for the benefit of the citizens of the City; and WHEREAS, the School activity period has been determined to be from 6:00 A.M.to 10:00 P.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA THAT: Tahpah Park and Lions Park are declared to be joint use facilities between the City of Shakopee and Independent School District#720. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney / 5-e1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator V& FROM: Judith S. Cox, City Clerk SUBJECT: Apportioning Special Assessments for Block 1, East Shakopee DATE: August 1, 1996 INTRODUCTION AND BACKGROUND: The City Planner has approved a minor subdivision for Block 1, East Shakopee, pursuant to City Code. There are existing special assessments against this block. It is appropriate at this time to apportion these assessments against the two resultant parcels. The attached resolution will apportion the special assessments against the two parcels created as a result of the minor subdivision approval. The property owner has been advised of the proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 4478, A Resolution Apportioning Special Assessments for Block 1, East Shakopee, and move its adoption. 110 voiA. J •ith S. Cox rty Clerk i:clerk\judy\res4478 RESOLUTION NO. 4478 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE MINOR SUBDIVISION FOR BLOCK 1, EAST SHAKOPEE WHEREAS, on March 20, 1990, Resolution No. 3205 adopted by the City Council levied assessments against properties benefited by the construction of Market Street, 1st Avenue to Bluff Avenue, Project No. 1988-6; and WHEREAS, a tract of land benefited by the said improvements, known as Block 1, East Shakopee, has been subdivided into two lots; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said Block 1, because of the subdivision of the lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the 1996 payable remaining balance of assessments to parcel 27-004007-0 is $5,268.26 for the 1988-6 Market Street Improvement Project and is hereby apportioned as follows: P.I.D. NO. Property Owner Legal Description 1988-6 Code 68 27-004007-0 Stephen S. Hendrickson N 1/2 of Blk 1 except $3,310.42 12812 Wayzata Blvd the E 70' and except the Minnetonka, MN 55343 W 108', East Shakopee 27-004007-1 Stephen S. Hendrickson East 70' of N 1/2 $1,957.84 12812 Wayzata Blvd Blk 1 East Shakoee Minnetonka, MN 55343 2. That all other parts of Resolution No. 3205 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 6th day of August, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Resignation DATE: August 5, 1996 Officer Jortdan Politz resigned from the department on Friday, August 2, 1996. h b. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Acceptance of Resignation-Paul Bilotta DATE: August 6, 1996 INTRODUCTION: The Council is asked to accept the resignation of V. Paul Bilotta, Community Development Director, effective August 16, 1996. BACKGROUND: Attached is a letter of resignation from Paul Bilotta. Paul began with the City on February 14, 1994 as Planner II. He subsequently became Community Development Director in December, 1995. He also served as Acting City Administrator in the weeks prior to my arrival. In addition to community development and economic development skills, Paul also has also served as the MIS Director for the City. His services will truly be missed. At a future meeting, Council will need to consider replacement options. RECOMMENDATION: We recommend that the resignation be accepted with regrets. ACTION REQUIRED: If the Council concurs, it should, by motion, accept with regret the resignation of V. Paul Bilotta as Community Development Director for the City of Shakopee, effective August 16, 1996. Mark McNeill City Administrator MM:tw 0111. 11 SHAKOPEE August 5, 1996 Mr. Mark McNeill, City Administrator City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 Dear Mr. McNeill: It is with great regret that I must inform you that I have been offered a position in the private sector and am therefore turning in my resignation. My last day will be August 16, 1996. As a Shakopee resident, I consider myself to be very fortunate to have been able to offer my services to my own community at such an exciting time in its development. I hope that it has been beneficial to the City as well. I have enjoyed working the long hours on so many exciting projects and with so many wonderful people. It is very difficult to leave and your arrival has made it an even more difficult decision, but it is time to move on to new challenges. The City is in good hands with the talented Community Development staff remaining and having just looked over the applications on the two vacant positions in our department, I'm sure the new faces will be very talented as well. Sincerely. V. Paul Bilotta Community Development Director COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-445-3650 • FAX 612-445-6718 IL/ CITY OF SHAKOPEE Jllemorandum TO: Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Township Meeting DATE: August 5, 1996 The townships usually want to meet with the council to discuss the recreation agreement and the fire department budget before it is adopted. According to Mark McQuillan, the recreation issues are basically settled with a three year agreement . The Fire Department budget issues usually revolved around the big ticket expenditures of truck purchases. With the Internal Service Fund, the Fire Department budget now pays rent for trucks does not jump around due to truck purchases therefore stabilizing the township standby fees. If you could check with council to see if there are any issues they would like to discuss with the town boards staff could schedule a meeting in the near term. If council has no other issues, staff will sent the fire budget to the council .