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HomeMy WebLinkAbout08/20/1996 TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA AUGUST 20, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2) Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS >6] Approval of the Minutes : July 16, 1996 >7] Approve Bills in the Amount of $782, 258 . 79 8] Communications : a] Judson Kenyon, CAP Agency, regarding request for storage space b] Shakopee Lions Club request to use funds 9] 7 : 00 P.M. Public Hearings : a] Proposed vacation of Apgar Street from a point just north of McDevitt Street extended south to its intersection with Fuller Street - Res . No. 4492 10) Recommendations From Boards and Commissions : None a] Vacation of right-of-way (Naumkeag Street extended) between 10th Avenue and Shakopee Avenue d] Final Plat of Milwaukee Manor 2nd Addition, located south of 7th Ave. and west of Dakota St . - Res . 4479 11) Reports from Staff: a) Purchase Agreement for Fire Station Site b] Referendum for Additional On-Sale Liquor Licenses c] Excelsior-Henderson Proposal >d] Appointment - Acting Community Development Director TENTATIVE AGENDA August 20, 1996 Page -2- 11] Reports from Staff continued: >e] Consulting Planning Management Services Contract >f] McKenna Road Construction, Project No . 1996-7, Res . No . 4498 - Approve Plans and Specs g] Sanitary Sewer Laterals Through French Trace and Property East of French Trace, 1996-9 - Res . No. 4499 h] Purchase of Tractor and Mowers >i] Shakopee Services Variance - Res . No . CC-757 >j ] Extension of Preliminary Plat Approval of Dominion Hills Addition k] Authorization of Public Works Personnel 1] Met Council Housing Plan - Res . No. 4491 >m] Extension of Time - Mark McQuillan Probationary Period >n] On Sale 3 . 2 Beer License - Lee' s Garden, 1135 E 1st o] Request of City Administrator to be Excluded from PERA - Res . No . 4501 >p] Cable Communication Access Corp. Financial Records 12] Routine Resolutions and Ordinances : a] Res . No. 4494 - Awarding Bid for 10th Ave . Storm Sewer Lateral, Project 1996-5 - memo on table >b] Res . No . 4495 - Accepting 1994 Sidewalk Program, Project 1994-3 >c] Res . No . 4496 - Accepting Downtown Streetscape, Project 1993-12 and Alley in Block 48, Project 1994-1 >dJ Res . No. 4497 - Accepting River District Trunk Sewer, Project 1995-9 13] Other Business 14] Adjourn to Tuesday, August 27, 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 27th Budget Worksession at 4 : 00 P.M. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JULY 16, 1996 Mayor Jeff Henderson called the meeting to order at 7:03 P.M. with Councilmembers Jane DuBois, Burl Zorn, and Robert Sweeney. Councilmember Clete Link was absent. Also present: V. Paul Bilotta, Acting City Administrator/Community Development Director; Bruce Loney, Public Works Director/City Engineer, Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Robert Long, City Attorney. The following items were added to the agenda: 6) Approval of June 18 Minutes, 13a) Televise EDA Meetings, 13b) Public Television Access, 13c) Status of Legal Services. DuBois/Sweeney moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on any item not on the agenda. There was no response. Sweeney/DuBois moved to approve the June 18, 1996 Minutes. Motion carried unanimously. Zorn/Sweeney moved to approve bills in the Amount of $838,980.06. Motion carried unanimously. Paul Bilotta explained that the City has received a request from the CAP Agency for donated storage space for the CAP Agency's Holiday Project and recommended that it be tabled for one week in order to allow the new city administrator to have input. Sweeney/Zorn moved to table discussion of storage space for the CAP Agency's Holiday Project for one week. Motion carried unanimously. Paul Bilotta reported that as a result of US West's challenge to local management of public rights of way, the League of Minnesota Cities Board of Directors has agreed to allocate $125,000 from the current League budget for the work plan to finance a plan to counter the challenge, and is asking member cities to voluntarily pay $200,000. Based on the 1995-96 League dues, Shakopee's minimum payment would be $904.00. Robert Long explained that Redwood Falls had a case which challenged the City's authority to enact local ordinances to regulate right-of-ways and charge a franchise fee right-of-way permit. It is his belief that US West will attempt to get legislation pre-empting cities from having authority in this area. If this happens cities would lose control over ability to have a fee charge for permits and having roads torn up without city control. Official Proceedings of the July 16, 1996 Shakopee City Council Page -2- Discussion ensued regarding the need for additional funding to the League of Minnesota Cities for unbudgeted items. DuBois/Sweeney moved to approve $904.00 to the League of Minnesota Cities towards the financing plan to counter US West's challenge to local management of public rights of way. Motion carried 3-1 with Cncl. Zorn opposed. Paul Bilotta reported that the Scott County Board of Commissioners has requested consideration, review and comment regarding a proposal to establish the Scott County Leadership Forum (SCLF) by August 1, 1996. Sweeney/DuBois moved to direct the appropriate City officials to inform the Scott County Board of Commissioners of the City's willingness to participate in the establishment of a Scott County Leadership Forum (SCLF) to aid local governments to proactively plan and address concerns that impact specific communities within the county. Motion carried unanimously. The public hearing for proposed improvements to Maras Street from 13th Avenue to CR-18 was opened by Mayor Henderson. Bruce Loney reported that most of the public right-of-way has been obtained or will be obtained if the project is ordered through condemnation. The project has been discussed with the property owners with the consensus in favor of the project. Mr. Loney explained that improvements would provide an urban roadway section with storm sewer and a storm water pond. One of the issues includes approximately $100,000 to lower a major gas line. He added that by providing the storm sewer the grade may work without lowering the pipeline at this time. Another issue is storm water discharge into the Eagle Creek drainage area in Savage. No storm water can be discharged into Eagle Creek as per the recently adopted AUAR. A pond is needed as the storm water outlet provided by Savage is only 10 cubic feet per second capacity. The proposal is to maintain the discharge to the pre-existing level or less. Staff has deemed this an urban area as many of the buildings are very close to the existing right-of-way. The proposed improvement cost is approximately $527,159.00. The over-length cul de sac is estimated at $400,000. Mr. Loney explained that the assessment roll was revised to account for the corner lot adjustment on the Eugene Hanson property as both sides of the roadway were assessed, adding that County Road 18 will become a local road in the future. Mayor Henderson asked if anyone present in the audience wished to address the City Council at this time. Chris Anderson, 1438 Maras Street, approached the podium and addressed concerns regarding the depth of the water table. • Official Proceedings of the July 16, 1996 Shakopee City Council Page -3- Bruce Loney explained that one of the reasons the area is no longer considered a wet land is due to the water table decreasing, perhaps due to nearby development. In response to a question by Mr. Anderson regarding the anticipated level of the storm sewer below the road, Mr. Loney replied that minimum depth is four feet and varies based on grade and outlet/inlet elevations of the system. Mr. Anderson also asked if there was a chance of re-directing water to save funding as opposed to building an on-site ponding project. Mr. Loney explained that a storm water lift station is not in the best interest of the City. Some of the water could be drained but not all of it. He added that a storm water pond of some kind is needed in the southeast area. Mr. Loney clarified the cost per running foot as$150.00. Mr. Anderson expressed concern over the cost of a project that would temporarily address the problem as opposed to a good gravel road . He requested a 6-8 foot well to see what the current level is. He also said that if the project moves forward the cost should be split equally among the "Association". Bruce Loney explained that a revised assessment based on actual costs will be reviewed and sent out. The proposed assessment is to give a general idea of the costs of improvements. He described the grade of land in the area, explaining that the pipeline is blocking much of the drainage and that a storm sewer is needed. He also explained that curb and gutter are needed if the area is determined to be urban. If this area becomes rural the ditches come close to the buildings, which is a design issue that does not meet City standards at this time. The right-of-way is currently 66 feet wide. If sewer and/or water lines are put in in the future more easement may be obtained to construct sewer and water lines without tearing up the road. However, it is unknown when sewer and water will be installed. Mr. Anderson asked if a narrower road width might be considered and asked for consideration of a gravel road, adding that he had obtained a quote for a cul de sac and/or a gravel road for under $100,000. Discussion ensued relating to right-of-way versus ditches, building permit issues, and possible spring water level problems. It was also noted that better bids are received in the spring and summer, and design specifications will address these concerns as the project moves forward. Randy Quirring, 14086 Rutgers Street NE, approached the podium and spoke for his neighbors, saying that it is time to up-grade and build the road. Everyone, with the exception of Mr. Anderson, supports the construction of this road. Eugene Hanson, Clean Sweep, approached the podium and explained that upon excavation, the water level is down, noting that there should not be a lot of problems with water. He added that the road is proposed for public and safety reasons. He suggested that since the purpose of the road is for safety that an additional $100,000 in grant money from the City would be helpful. He also said he would like to see more taxes go into this project. Official Proceedings of the July 16, 1996 Shakopee City Council Page -4- There being no other interested citizens desiring to speak, Mayor Henderson closed the public hearing. Zorn/Sweeney offered Resolution No. 4468, A Resolution Ordering the Improvement and Plans and Specifications for Maras Street, from 13th Avenue County Road 18, Project No. 1996-4, and moved its adoption. Motion carried unanimously. Zorn/Sweeney moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design surveying and stormwater hydraulic engineering services for Maras Street Improvement Project. Motion carried unanimously. Zorn/DuBois moved to direct staff to obtain appraisals for easement of right-of-way acquisitions associated with the Maras Street Improvement Project. Motion carried unanimously. A 10 minute recess was taken at 8:24 P.M. The meeting re-convened at 8:36 P.M. The public hearing for the proposed vacation of the alley in Block 174 located west of Webster between 3rd and 4th Avenues was opened by Mayor Henderson. Paul Bilotta explained that the City has received a request for the vacation of the alley, that the Planning Commission reviewed the request and it has recommended approval. Mayor Henderson asked if there was any one in the audience who wished to address the proposed vacation. There was no response. Cncl.Sweeney noted that all the lots are owned by Edman O'Brien, the applicant, and that there are no easements to address. Mayor Henderson closed the public hearing. Sweeney/DuBois offered Resolution No. 4471, A Resolution Of The City Of Shakopee, Vacating An Alley Within Block 174, Original Shakopee Plat, and moved its adoption. Discussion ensued relating to the building being constructed in the alley right-of-way. Motion carried unanimously. Judith Cox reported that John Stitch, owner of the Main Event, has requested permission to allow the consumption of intoxicating liquor on the newly constructed deck outside his building. John Stitch, Owner Main Event, approached the podium and addressed planning and zoning issues. In response to the number of parking spaces required by the zoning ordinance, he explained that there are currently 70 parking spaces, noting that no parking spaces were lost due to the construction of the deck. He also explained that he believed his license was for the address rather Official Proceedings of the July 16, 1996 Shakopee City Council Page -5- than by the square footage of serving area so was unaware that he needed Council action to allow consumption on the deck. Discussion ensued regarding the zoning ordinance and non-conformance issues with respect to parking spaces and consumption of liquor on the deck. It was noted that the use of the deck is a separate issue from the liquor license and the issue on the deck is to decide whether to pursue a zoning variance. It was also noted that it would not be appropriate for the Council to take action on zoning issues. Paul Bilotta explained that the building permit was issued on a non-conforming use without going to the Board of Adjustments and Appeals. He added that if the liquor license issue is worked out the zoning issues could be addressed to be in conformance. Mr. Stitch addressed police issues, explaining that the number of complaints have decreased since he has owned the building, adding that he has tighter security than previous owners. He said that he did not believe that the noise and outdoor consumption would exacerbate the noise issue. He was willing to compromise and offered to close the deck by 10:00 or 11:00 P.M. Tom Steininger, Chief of Police, approached the podium and stated that added insulation has helped keep the noise level down. In response to alcoholic consumption outside, he expressed concern for alcoholic beverages being handed over the deck, noting that security staff would be necessary on the deck at all times when in use. He also explained that as the number of requests to extend or modify a liquor license for outdoor consumption are granted, it becomes harder to gain control to put the consumption back inside where it needs to be. Discussion ensued regarding fencing and access of liquor to minors outside of fenced areas. Mr. Stitch responded, explaining that he has considered enclosing the deck with screening, however felt it would take away from the appearance. Mr. Long explained that the Council has the discretion to deny or approve the request, however the Council is not obligated by the building permit that was issued to grant a liquor license for expansion. Actions taken with the advice of the Police Chief are not arbitrary. Mike Stevens, 823 Bluff Avenue, approached the podium and agreed that the noise level has decreased since Mr. Stich took over, however, the noise, the people fighting outside, parking problems and glass on the street are still there. He added that allowing the expansion of liquor onto the deck would only invite more complaints. Joy Collin, 914 Bluff Avenue, approached the podium and expressed concern for liquor that might be passed over the deck to minors. She added that perhaps she has been too tolerant and not complained enough about the noise and bottles and cans she has picked up. In response to the hours for the deck she felt that 10:00 P.M. was too late as she has a school aged child. • , Official Proceedings of the July 16, 1996 Shakopee City Council Page -6- Gary Hopfenspirger, KFC, approached the podium and expressed concern for additional seating and parking issues in relation to the deck. He added that he was aware of "Main Event" customers parking in the KFC parking lot and that his employees have reported signs and trees being damaged from people in the area. He noted that there isn't enough parking and that he had to add parking when KFC expanded. Jim Stocker, 831 Bluff Avenue, approached the podium and stated he had the same concerns that had been addressed. Mr. Stitch responded, explaining that bottles that he does not sell have been found outside of the building. He added that his maintenance staff cleans the KFC parking lot in addition to their own. He stated that he was willing to compromise on the hours of the deck, offering to close it at 9:00 P.M. when the D.J. starts. In response to liquor being passed over the deck he said that the customers are adults and will be punished as adults. He made an additional offer to compromise by closing the deck at 8:00 P.M. Jonathan Holmestad, resident of Jackson Township, approached the podium and explained that he doesn't come until 9:00 P.M. and that if the doors to the deck were closed at 8:00 or 9:00 P.M., there would no longer be a noise issue. Discussion ensued regarding the time frame for the deck hours. Cncl.Zorn suggested that the deck be opened until sunset which would eliminate the concern for passing of alcohol to minors over the deck as well as the noise issue. In response to a question as to whether the Council has authority to write a license with different hours than State Statutes, Mr. Long explained that under section 6.08, of City Code, conditions to a license may be attached. Zorn/DuBois moved direct the appropriate staff to prepare the necessary papers to allow the expansion of the liquor license of the Main Event to the newly constructed deck, not to be opened beyond sunset at which time the doors will be shut; contingent upon the approval of zoning issues. Motion carried 3-1 with Cncl. Sweeney opposed. A break was taken at 9:58 P.M. The meeting re-convened at 10:10 P.M. Paul Bilotta reported that the E.D.A. has granted the City permission to rent facilities in Blocks 3 & 4 for Derby Days activities. Sweeney/Zorn moved to approve the assistance request as submitted by the Shakopee Derby Days Committee for the 1996 Derby Days celebration. (Permit sale of goods on public property, permit Public Works maintenance crews to assist in preparation and clean up, permit closing of certain streets during various times.) Motion carried unanimously. • Official Proceedings of the July 16, 1996 Shakopee City Council Page -7- Sweeney/Zorn moved to approve the application and grant a temporary non-intoxicating malt liquor license to the Shakopee Jaycees within the First Avenue right-of-way between Holmes Street and Lewis Street for August 2nd and within the municipal parking lot located at the northeast corner of Lewis and 2nd Avenue for August 3rd. Motion carried unanimously. Relating to the construction of McKenna Road, requested by the Community, Bruce Loney reported that changes to previous issues within the agreement with the Shakopee Mdewakanton Sioux Community (SMSC) have been agreed upon and all Engineering costs will be paid for by the Community. The City would pay for easements larger than an 80' corridor, not on Community land. He added that additional language is required in order to satisfy the Community on page 8 of the agreement, and page 3 of the Escrow and Disbursement of the agreement to protect the Community Sovereign Immunity. Mr. Long also recommended a hold harmless clause or indemnity be added to prevent any lawsuit from the Community from any action by the City in constructing McKenna Road as well as a few other minor changes. Mr. Rudnicki, Tribal Administrator, SMSC, stated that the points addressed are all agreeable and thanked the City on behalf of the Community for the leadership presented by the Council and staff. Sweeney/Dubois moved to authorize the appropriate City officials to execute the agreement dated July 12, 1996 between the Shakopee Mdewakanton Sioux Community and the City of Shakopee regarding surfacing the unpaved portion of McKenna Road, subject to review and changes by the City Attorney as stated. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4462, A Resolution Ordering Plans and Specifications for the Improvement of McKenna Road, from C.R. 16 to the South Corporate Limits of the City of Shakopee, and moved its adoption, subject to the execution of the agreement with the Shakopee Mdewakanton Sioux Community. Motion carried unanimously. Zorn/Sweeney moved to authorize the appropriate City officials to execute a consultant extension agreement, for engineering services on the McKenna Road Project, at a cost not-to-exceed $21,000.00 with WSB & Associates, Inc. pending execution of the agreement with the Shakopee Mdewakanton Sioux Community. Motion carried unanimously. Bruce Loney reported that bids have been received for a self propelled side broom sweeper at a cost of$27,955.19 with a trade in quote of$3,500.00. This item was in the Capital Equipment Budget at$40,000. DuBois/Sweeney moved to authorize purchasing the Brole Model RJ-300 side broom sweeper through Hennepin County Purchasing from Road machinery & Supplies, for a total cost of $24,455.19 (includes trade in), to be expended from the Capital Equipment Fund (Storm Drainage Division). Motion carried unanimously. • Official Proceedings of the July 16, 1996 Shakopee City Council Page -8- Bruce Loney explained a proposed cooperative agreement between Scott County and the City for obtaining aerial and topographic information within certain areas of the City of Shakopee. DuBois/Sweeney moved to authorize staff to negotiate and draft a cooperative agreement, between the City of Shakopee and Scott County, for the cost sharing of obtaining aerial photography and topographic stereo digitizing for certain areas within the City of Shakopee. Motion carried unanimously. Sweeney/Zorn moved to approve the application and grant the transfer of the Pawnbroker, Precious Metal Dealer and Second Hand Dealer License from Mr. Johan W. Nelson to Mr. Daryl H. Shiber (American Pawn). Motion carried unanimously. Zorn/Sweeney moved to accept the resignation of James Englin, Police Officer, with regrets, and authorize staff to take appropriate action to fill the position. Cncl. Sweeney encouraged the Police Civil Service Board to include candidates other than white caucasian males. Motion carried unanimously. Sweeney/Zorn moved to adopt Resolution No. 4467, A Resolution Approving Plans and Specifications and Ordering Advertisement For Bids for Storm Sewer Laterals on 10th Avenue, From County State Aid Highway 17 to Shakopee Avenue; And Swift Street, From 10th Avenue To Shakopee Avenue Project No. 1996-5, and moved its adoption. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4470, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Orchard Park Second Addition, and moved its adoption. Motion carried unanimously. Paul Bilotta reported that a petition has been received to vacate the right-of-way of Apgar between McDevitt and Fuller, however the City does not currently possess the right-of-way. He expects that the right-or-way will be turned back to the City on August 20th. The public hearing is to determine if the right-of-way should be vacated. Zorn/DuBois offered Resolution No. 4469, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Right-Of-Way (Apgar Street), and moved its adoption. Motion carried unanimously. Mayor Henderson reported that inquiries have been received as to why the E.D.A. meetings are not televised and asked the Council to establish rules for televising. Discussion ensued regarding the cost of televising E.D.A. meetings. Official Proceedings of the July 16, 1996 Shakopee City Council Page -9- Zorn/Sweeney moved to direct the appropriate City officials to implement the televising of the E.D.A. meetings. Motion carried unanimously. Mayor Henderson reported receiving calls on the content of cable programming and requested staff to request that the Public Access Commission provide Council with information regarding the content and the process of approval for cable programs. Zorn/Sweeney moved to direct the appropriate City Staff to request that the Public Access Commission provide the City Council with information regarding the standards that are applied and the process that one goes through in order to have something shown on cable. Motion carried unanimously. Because of the recent resignation of the City Attorney, Paul Bilotta explained that legal services are currently being obtained by a variety of firms to get different views based on experience and to minimize costs. Sweeney/DuBois moved to adjourn at 40:53 P.M. Motion carried unanimously. ()/K Ju ith S. Cox City Clerk Esther TenEyck Recording Secretary SHAKOPEE AO TEL :612-496-7682 Aug 20 96 14 :51 No .008 P .01 0- -VROW : PFR PRODUCTIONS �. PHONE NO. ; 445 4120 Pug. 20 1996 09:07 M P2 t • July 20, 1998 Don McNeil 1101 S. Naumkeag Shakopee, MN. 55379 Paul Ryan Public Access Coordinator Shakopee Community Access 1255 S. Fuller St, Shakopee, MN. 55379 Mr. McNeil, • Due to concerns that were not able to be discussed at the last commission meeting. I have to clear up some issues before I can allow you to use the Shakopee Public Access studio. They include: • Loss of equipment from checkout dated 8-5-96 ' Loss of equipment from checkout dated 8-19-96 ' 'Programming Overview' editing in July I do have a price list for the equipment that you lost and I can ether send or fax it to you. Please contact me to discuss these concerns. You can page me at 622-9800 (voice pager). Thank you. Paul Ryan • Access Coordinator l/ July 29, 1996 Paul Ryan, Coordinator Shakopee Public Access Studio This is a formal complaint as a user and subscriber of use of the Cable Access Studio under your daily control. On July 23, 1996, I expressed an interest in having.access to the editing booth (this was made in person). Your employee Chad Knutson stated that he was working on his own project, "Vision of Shakopee". I made reference to the fact that he was on the payroll; working, he is not in the same vain as a user. He said he could care less of the issue (He stated that I was harassing by asking questions.) I suggested that he check with you per the agreement point 10. (a). I was attempting to put a video together as a user. He denied me access. It seems like your staff is always working on their own things or on things for you. When do they work with and for the public? Your response is required. This is not the first time that your employees have been operating under this premise . I also asked to check out a camera to which I was told they are all out, but there were only 3 forms filled out for usage. If the public doesn't have access to editing equipment and cameras due to your staff having priorities, the public will not be able to have access and produce videos, etc. and thus the relationship of the agreement violated. Yours truly, //4(414t/ SHAKOPEE AO TEL :612-496-7682 Aug 20 96 14 :49 No .007 P .01 4110 ( / i; j 'j� CITY OF SHAKOPEE AUG 20,1996 MARK MCNEILL- CITY ADMINISTRATOR b11/ 129 HOLMES STREET SO. 55379. PH.445-3650, t SHAKOPEE,MN FAX. 4456718 RE: CITIZENS INQUIRY/CONCERN I COMPLAINT.... CABLE ACCESS STUDIO. DEAR MARK, DUE THE LENGTH OF MY COMPLAINT AND THE SPACE AVAILIBLE ON THE ` INQUIRY'FORM,I WILL BE ATTACHING MY COMMENTS TO SAID FORM. AN OVERVIEW... I SIT ON THE CORPORATION/COMMISSION THAT SETS POLICIES AND PROCEDURE FOR THE SHAKOPEE COMMUNITY ACCESS CORPORATION/COMMISSION. IN MY ATTEMPTS OF SEEKING SOME NEEDED CHANGES OF THIS BODY, I HAVE BEEN MADE THE TARGET OF BEING DENIED ACCESS OF USE OF EQUIPMENT AND SERVICES, INTIMADATION AND SLANDER. THE CONTRACTEE/STUDIO COORDINATOR,PAUL RYAN,NOW REQUIRES THAT HIS STAFF DIRECT ALL QUES'T'IONS THAT I HAVE OF STUDIO OPERATIONS INCLUDING USE OF EQUIPMENT,CAMERAS AND EDITING EQUIPMENT TO ONLY HIM. THIS PROCEDURE IS ONLY REQUIRED OF ME,PER ITIS STAFF. ON 8/19/96 I SOUGHT USE OF THE EDITING EQUIPMENT AND WAS TURNED AWAY. IT WAS NOT BEING USED OR RESERVED FOR ANY OTHER REQUESTEE, THIS IS NOT THE FIRST TIME THAT I WAS DENIED ACCESS TO STUDIO EQUIP- MENT OR SERVICES. AT ONE POINT, 1 WAS CHARGED FOR A COPY OF A TAPE. THE STUDIO DOESN'T EVEN OFFER THAT TYPE OF SERVICE. 1 TAKE THIS BEHAVIOR OF MR. RYAN TO BE OF A SERIOUS ISSUE. BEING A TAX PAYER, RESIDENT OF SHAKOPEE, A SUBSCRIBER OF PARAGON CABLE,AND A MEMBER OF THE CORPORATION AND COMMISSION, THAT THIS IS A FORM OF INTIMIDATION THAT SHOULD NOT BE TOLERATED. I AM SEEKING CONCLUSION TO THIS TYPE OF BEHAVIOR AND ADDRESSING THIS TO YOUR OFFICE . IT IS HOPED THAT IT'S NOT NECESSARY TO SEEK REMEDY THROUGH A COURT ACTION. IF 1'M BEING DENIED ACCESS TO A PUBLIC SERVICE WITH OR WITHOUT ANY MERIT OR HEARING, THEN WHAT b0 WE HAVE HERE? SINCE THE CABLE ACCESS IS GETTING A LOT OF PRESS THESE DAYS PLEASE DON'T HESITATE TO SHARE THIS WITH THE CITY COUNCIL, IT'S MTG 8/20/96 OR WHEN APPROPRIATE . I HAVE A LOT VIDEOS THAT NEED TO BE COMPLETED AND DON'T THINK I SHOULD HAVE TO USE ANOTHER STUDIO OR MAKE 0 R OTHER ARRANGMINTS. SINCERLY, 1/7 TO: Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: August 15, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 8/14/96 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $12,572 . 04 . Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Fulton Schleisman $30 . 00 Jim Grampre $30 . 00 Steve Thorp $10 .00 Action Requested Move to approve the bills in the amount of $782, 188 .79 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 08/15/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 568 29,806 36 12 CITY ADMINISTRATOR 215,490 4,675 139,140 65 13 CITY CLERK 132,040 4,293 61,4b5 S1 15 FINANCE 307,410 9,450 189,254 62 16 LEGAL COUNSEL 260,030 38,721 133,368 51 17 COMMUNITY DEVELOPMENT 457,930 6,175 159,136 35 18 GENERAL GOVERNMENT BUILDINGS 132,510 6,137 85,008 64 31 POLICE 1,588,500 51,200 934,800 59 32 FIRS 418,670 849 217,361 52 33 INSPECTION-BLDG-PLMBG-HTG 228,930 7,818 127,489 56 41 ENGINEERING 407,760 12,491 199,208 49 42 STREET MAINTENANCE 775,720 10,822 331,804 43 44 SHOP 116,650 5,123 63,489 54 46 PARK MAINTENANCE 304,660 12,685 171,717 56 91 UNALLOCATED 436,340 275 261,618 60 TOTAL GENERAL FUND 5,665,730 171,282 3,110,684 53 17 COMMUNITY DEVELOPMENT 463,400 86 198,550 43 TOTAL TRANSIT 463,400 86 198,550 43 H 1) . 01 CS a H H HH H H HH 00000000000 00 0 0 00 0 00 a W 0 CO1 0 z W 0 H U1 1O NN CO 00000000000 m 01 HH 0!� \O U) LO b W 10\0 l0 VD VD W VD 10 10\O 10 10 m N m 10 1 O r1 0 G H H HH ri 00000000O00 CDooCO0 NH CO 111 N01 l- c00 L- Lr to .+. 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G. 08/14/96 PROGRAM Title Di 0111 MAYOR & COUNCIL 0120 ADMINISTRATION BENEFITS 0121 ADMINISTRATION 0122 COUNCIL & AGENDAS 0125 CABLE 0126 MIS 0130 CLERK BENEFITS 0131 CLERK MANAGEMENT 0132 ELECTIONS 0142 TRANSIT D-A-R 0143 TRANSIT VAN POOL 0144 CIRCULATOR 0150 FINANCE BENEFITS 0151 FINANCE MANAGEMENT 0152 ACCOUNTING 0153 PAYROLL 0155 BUDGET 0156 ASSESSMENT 0160 LEGAL BENEFITS 0161 CIVIL 0163 PROSECUTIONS 0170 PLANNING BENEFITS 0171 PLANNING MANAGEMENT 0172 MIS 0174 CURRENT - P.C. 0175 LONG RANGE 0176 COMMUNITY DEVELOP COMMISSION 0177 SHORELAND GRANT 0180 GOVERNMENT BLDG BENEFITS 0181 CITY HALL 0182 LIBRARY 0183 EAGLE CREEK HALL 0184 SENIOR CENTER 0191 EDA MANAGEMENT 0192 STANS HOUSE 0310 POLICE BENEFITS 0311 POLICE MANAGEMENT 0312 PATROL 0313 INVESTIGATION 0314 JUVENILE PROGRAM Title Di: 0315 COURT 0316 SCHOOLS 0317 POLICE SERVICES 0318 CUSTODIAN - POLICE 0319 CODE ENFORCEMENT 0321 FIRE MANAGEMENT 0322 AMBULANCE 0323 FIRE CUSTODIAN 0324 FIRE STATION NO 2 0330 INSPECTION BENEFITS 0331 INSPECTION MANAGEMENT 0332 PLAN REVIEW 0333 BUILDING INSPECTION 0334 PLUMB/HEAT INSPECTION 0335 CODE ENFORCEMENT 0351 CIVIL DEFENSE 0361 ANIMAL CONTROL 0410 ENGINEERING BENEFITS 0411 ENGINEERING MANAGEMENT 0420 STREET BENEFITS 0421 STREET MANAGEMENT 0422 TREE/WEED 0423 SIGN/STRIPING 0424 SNOW/SAND 0426 EQUIPMENT MAINTENANCE 0427 STREET MAINTENANCE 0428 SEAL COATING 0429 CUSTODIAN - STREET 0440 SHOP BENEFITS 0441 SHOP MANAGEMENT 0443 MAINT - STREET 0444 MAINT - PARK 0445 MAINT - POLICE 0446 MAINT OTHERS 0447 MAINT - SPUC 0620 PARK BENEFITS 0621 PARK MANAGEMENT 0622 PARK MAINT 0623 MOW/TRIM 0624 ATHLETIC FIELDS PROGRAM Title Di] 0625 PARK EQUIPMENT MAINTENANCE 0626 RINKS 0627 SNOW 0628 BUILDING/APPARATUS 0629 TREE/SCAPE 0630 YOUTH BUILDING 0631 MURPHY' S LANDING 0632 UPPER VALLEY TRL 0711 SEWER MANAGEMENT 0712 RODDING/FLUSHING 0713 SEWER MAINTENANCE 0714 SEWER EQUIP MAINTENANCE 0731 STORM DRAINAGE MANAGEMENT 0732 STORM DRAINAGE MAINTENANCE 0733 SWEEPING 0738 STORM CONSTRUCTION - BONDS 0739 STORM DEBT SERVICE 0741 REFUSE COLLECTION 0742 RECYCLING 0750 RECREATION BENEFITS 0751 RECREATION GENERAL MANAGEMENT 0752 POOL MANAGEMENT 0753 ICE ARENA MANAGEMENT 0754 CIVIC CENTER 0755 PARK ADMINISTRATION 0758 FIELD RENTALS 0759 RECREATION RENTALS 0911 UNALLOCATED 0912 PAYROLL CLEARING 0913 UTILITY CLEARING 3018 1972-2 WATERMAIN VIP 3019 1968-4 STORM SEWER 3020 1969, 1969-1A SEWER/WATER PROJ 3021 1967-1&2 STREET & PARKING LOT 3022 67-3 STREET 3029 1972-1 STREET & PARKING LOT 3038 1974-1 STREET PROJECT 3039 1974-1 COUNTY ROAD 17 3041 1976-1 IMPROVEMENT PROJECT 3042 SPECIAL ASSESSMENT PROGRAM Title Di] 3043 1976-3 1ST AV WATER PROJECT 3044 1977-1 IMPROVEMENT PROJECT 3045 1976-2 WEST SIDE STORM SEWER 3049 1978-1 101 UTILITIES 3050 1978-3 DEER VIEW ACRES 3051 1980-3 HOLMES ST PROJECT 3052 79-1 PKRG, 80-2 EVIEW, 79-7 CR83 3054 1979-2 SPECIAL ASSESS PROJ 3055 1981-1 VIP INTERCEPTOR 3059 1984-3 WEINANDT UNDER/GR ELECT 3060 84-4 SHENANDOAH; 84-5 VAL/PK/12 3064 1986-2 SIDEWALK REPLACEMENT 3069 SPECIAL ASSESSMENT PROJECTS 3070 90-9/91-9 ST-LITE, 90-11 SIDEWA 3071 190-7, 91-1, 89-4 SA PROJECTS 3072 ' 1991-2 JACKSON-HARRISON ST 3073 STORM DRAINAGE BILLS CERTIFIED 3074 92-3 VIERLING DR, CR 17-79 3075 91/92-7 SIDEWALKS 3076 91-2 2ND AVE PROJECT 3077 91-8 JEFFERSON ST PROJECT 3078 92-9 VIP ENTERCEPTOR EXTENSION 3079 WEED CUTTING COSTS 3080 93-7 STREET RECONSTRUCTION 3081 92-6 APGAR ST 3082 93-5 ALLEY/MN/DAKOTA PROJ 3083 93-11 SIDEWALK REPLACEMENT 3084 92-4 12TH AVE SEWER/WATER PROJ 3086 1993 VALLEY PARK 11TH 3087 93-12 DOWNTOWN STREETSCAPE II 3088 94-1 ALLEY IN BLK 48 3092 95-5 P & V ADDITION 3093 94-14 ALLEY IN BLK 51 3100 RAHR MALTING SERVICE 3911 TIF DIST # 1 3912 TIF DIST #2 3913 TIF DIST #3 3914 TIF DIST #4 3916 TIF DIST #6 3917 TIF DIST #7 PROGRAM Title Dii 3919 TIF DIST #9 5000 ENGINEERING PROJECTS 5500 ENGINEERING DEVELOPER PROJECTS 5521 UPPER VALLEY DRAINAGE 5534 SIDEWALK 5596 VIP EXTENSION 5598 RAHR FORCE MAIN 5602 TAHPAH PARK PARKING LOT EXTENS 5603 PELHAM HOTEL PARKING 5604 McKENNA ROAD 5605 SPENCER ST-SHAKOPEE AV TO 1ST 5611 MARAS STREET 5612 DOWNTOWN ALLEYS 5614 CR 17/83 BYPASS STORM DRAINAGE 5617 DOWNTOWN STREETSCAPE 5618 SPUC R-O-W CIF 5620 ST FRANCIS HOSPITAL S/W 5622 P & V IMPROVEMENTS 5624 VIERLING DR-CR 15/HARRISON 5625 CR 16 SEWER/WATER 5626 VIKING STEEL ROAD 5628 CO RD 15 CURB & GUTTER 5631 VIERLING DR/CO RD 77-79 5632 MILL POND BASIN TREATMENT 5633 FULLER STREET 5634 17TH & SARAZIN ST 5635 1996 RECONSTRUCTION 5636 GORMAN STREET 5637 CO RD 16 COORDINATION 5639 SS-H TRUNK SEWER 5640 10TH AV LATERALS 5641 MCKENNA ROAD 6521 UPPER VALLEY DRAINAGE 6534 SIDEWALK 6596 VIP EXT. II 6598 RAHR FORCE MAIN 6602 TAHPAH PARK PARK LOT EXTENSION 6603 PELHAM HOTEL SITE 6604 McKENNA ROAD 6605 SPENCER ST-SHAKOPEE AV TO 1ST 3 PROGRAM Title Di: 6611 MARAS STREET 6612 DOWNTOWN ALLEY 6614 CR 17/83 BYPASS STORM DRAINAGE 6615 CIVIC CENTER 6617 DOWNTOWN STREETSCAPE 6618 SPUC R-O-W CIF 6620 ST FRANCIS HOSPITAL S/W 6622 P & V IMPROVEMENTS 6624 VIERLING DR-CR 15/HARRISON 6625 CR 16 SEWER/WATER 6626 VIKING STEEL ROAD 6628 CO RD 15 CURB & GUTTER 6631 VIERLING DR/ CO RD 77-79 6632 MILL POND BASIN TREATMENT 6633 FULLER STREET 6634 17TH & SARAZIN ST 6635 1996 RECONSTRUCTION 6636 GORMAN STREET 6637 CO RD 16 COORDINATION 6638 MINI BYPASS SUPPLEMENTAL 6639 SS-H TRUNK SEWER 6640 10TH AV LATERALS 6641 MCKENNA ROAD 7800 YOUTH PROGRAMS 7801 PLAYGROUND EVENTS 7802 TEE BALL 7803 KIDS 7804 YOUTH EDUCATION 7805 YOUTH TRIPS 7806 YOUTH WRESTLING 7807 YOUTH SOCCER 7809 YOUTH SKI CLUB 7810 YOUTH BROOMBALL 7811 YOUTH SOFTBALL 7812 YOUTH HOCKEY 7813 YOUTH BASEBALL 7814 YOUTH FOOTBALL 7815 YOUTH TENNIS 7817 GIRLS BASKETBALL 7818 YOUTH VOLLEYBALL PROGRAM Title Dim 7819 YOUTH SPORTS CAMP 7820 YOUTH GYMNASTICS 7821 YOUTH NEARBALL 7822 YOUTH DAY CAMP 7823 YOUTH SPECIAL EVENTS 7824 7824 BOYS BASKETBALL 7825 TINY TOTS 7826 MIGHTY MITE 7850 ADULT PROGRAMS 7851 ADULT EDUCATION 7852 ADULT BROOMBALL 7853 FAMILY TRIPS 7854 ADULT BASKETBALL 7855 ADULT VOLLEYBALL 7856 ADULT SOFTBALL 7857 SQUAREDANCE 7858 AEROBICS 9001 GENERAL FUND 9111 JOINT RECREATION 9112 FORFEITURE 9114 TRANSIT 9115 EDA 9117 CAPITAL EQUIP REVOLVING FUND 9304 1986B IMPROVEMENT 9311 1988B GO TIF 9313 1990A IMPROVEMENT FUND 9314 1991A IMPROVEMENT FUND 9318 1992A IMPROVEMENT PROJ 9319 1992B TIF REFUNDING 9320 1993B IMPROVEMENT 9321 1993A TIF REFUNDING-DS 9322 1993C GO TIF REFUNDING 9323 1995A IMPROVEMENT 9420 PARK RESERVE 9421 CAPITAL IMPROVEMENT FUND 9422 1986A TIF-MEBCO 9424 FMG TIF 9425 DRAINAGE CAPITAL PROJECTS 9435 DOWNTOWN 9436 1993 IMPROVEMENTS PROGRAM Title Di: 9437 1994 IMPROVEMENT 9438 COMMUNITY CENTER BUILDING 9439 BLOCKS 3 & 4 9440 1996 IMPROVEMENT PROJECTS 9441 FIRE STATION 9710 SANITARY SEWER UTILITY FUND 9730 STORM DRAINAGE UTILITY FUND 9740 REFUSE FUND 9750 RECREATION FUND 9780 INTERNAL SERVICE FUND 9840 ESCROW FUND 9850 INVESTMENT TRUST FUND 9860 TAX INCREMENT TRUST FUND 9870 DEFERRED COMPENSATION FUND 9910 GENERAL FIXED ASSETS 9920 EDA FIXED ASSETS 9950 GENERAL LONG-TERM DEBT 9990 DEFAULT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: CAP Agency Space Request - City Hall DATE: August 15, 1996 INTRODUCTION: The Council is asked to authorize the utilization of space in City Hall, for storage for a Holiday project by the Scott-Carver-Dakota Community Action Agency, Inc. BACKGROUND: The attached letter of July 2nd details a request by Judson Kenyon Community Services Director for the CAP Agency, for storage space in the basement of City Hall. This is the space formerly utilized by the Southwest Metro Drug Task Force. BUDGET IMPACT: No rental is proposed to be charged. If secured space is deemed necessary, and a change in door lock is warranted, the cost of same would be borne by the CAP Agency(the City would retain a key). They would also need to provide a"Hold Harmless" agreement. RECOMMENDATION: Staff recommends that storage space be donated to the CAP Agency as requested. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the basement space in City Hall identified in the July 2nd letter be authorized for utilization by the Scott-Carver-Dakota CAP Agency, Inc. through January 1, 1997. Mark McNeill City Administrator MM:tw ci\p• Cly 8 9;o AGENCY July 2, 1996 Paul Bilotta Acting City Administrator Shakopee City Hall Shakopee, MN 55379 Dear Mr. Bilotta, As a follow-up to our phone conversation, I am requesting donated storage space for the CAP Agency's "CAP Kids" Holiday Project. This space (approximately 15 x 20) will be used to store donated toys that will be distributed in December of this year. Access to the space would be needed approximately twice a month during normal business hours. Steps could possibly present problems so access on one level or by an elevator would be helpful. The CAP Agency sincerely appreciates all the help all the City of Shakopee extends to many of our programs. It is this local support that insures the success of our programs. Sincerely, 4-1)4- CJdson Kenyon Community Services Director JK:sv Shakopee Office Burnsville Office 1257 Marschall Rd., Shakopee,MN 55379 Scott-Carver-Dakota CAP Agency, Inc. 14551 County Rd 11,Suite 167 612/496-2125 Voice and TDD An Equal Opportunity Employer Burnsville,MN 55337 1-800-640-6128 FAX 612/496-0698 Printed on Recycled Paper 612/432-6699 FAX 612/432-5855 CITY OF SHAKOPEE ?k) Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Lions Club request to use funds for playground equipment Date: August 8, 1996 INTRODUCTION The Shakopee Lions Club is requesting a transfer back of funds it gave to the City so they can use those funds to purchase new playground equipment. BACKGROUND The City of Shakopee currently has $10,000 in the Park Reserve Fund and$1,014.18 in an escrow fund which came from the Shakopee Lions Club for future development of Lions Park. As outlined on the attached communication, the Lions Club would like to apply'those funds towards the purchase of new playground equipment in Lions Park. At its July 2, 1996 meeting,the City Council approved the donation of new playground equipment from the Shakopee Lions Club. The equipment is valued at$60,000. ALTERNATIVES 1. Transfer $11,014.18 back to the Shakopee Lions Club for the purchase of new playground equipment. 2. Table the request and direct staff to provide further information. 3. Do nothing. STAFF RECOMMENDATION Alternative#1 ACTION REQUESTED Move to disperse $10,000 from the Park Reserve Fund and $1,014.18 from the escrow fund to the Shakopee Lions Club for the p chase of ne playground in Lions Park. DC/4 Mar J. McQ g lan Parks and Recreation Director �' —.I. SHAKOPEE LIONS CLUB r ,h P.O. Box 254 Shakopee, MN 55379 August 5, 1996 City of Shakopee Attention: Mr. Mark Mcquillan Parks and Recreation Dept. 129 South Holmes St., Shakopee,MN 55379 Dear Mark, As you know,the Shakopee Lions Club has made the committment to purchase new playground equipment for Lions Park in Shakopee. We have ordered this equipment from the supplier and expect to have it installed by mid August. The Shakopee Lions Club has donated funds to the City of Shakopee in the past 1-2 years which were to be spent on improvements to Lions Park and are currently being held in escrow by the City for that purpose. The Shakopee Lions Club hereby requests that all funds currently held by the city for that purpose be removed from escrow and returned to the Shakopee Lions Club for the express purpose of the purchase of playground equipment for Lions Park. If for any reason this purchase is not completed,the funds will be returned to the city. If you should have any questions,please call me at 448-9985 (days)or 445-6069 (evenings). The Shakopee Lions would like to thank you and the Parks and Recreation Board and the City of Shakopee for your cooperation and monetary help in the completion of this major improvement to Lions Park. Sin ely, g431-/""'Z'' Daniel L. Barber President, Shakopee Lions Club cc: Board of Directors, Shakopee Lions Club John Berens Jerry Hennen Ck. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek,Planner II SUBJECT: Vacation of Right-of-Way for Apgar Street DATE: August 13, 1996 Site Information: Applicant: Gold Nugget Development,Inc. Location: Apgar Street from the Northern boundary of Proposed Meadows North plat to Fuller Street Current Zoning: Urban Residential Zone(R-1B) Adjacent Zoning: North: Urban Residential (R-1B) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp. Plan: 1980: Agricultural Draft 1995: Residential Introduction: The City has received a petition from Gold Nugget Development, Inc.,for the vacation of portions of the right-of-way for Apgar Street(See Exhibit A,Map, and Exhibit B, legal descriptions). Discussion: The issue of the vacation of Apgar was extensively discussed by the Planning Commission during June, July and August of 1995, when the Commission first reviewed the proposed plat of The Meadows North. Some of the specific issues discussed included 1)the effect of vacation on the plat design of The Meadows North, 2)the effect vacation of Apgar would have on residents in the adjacent neighborhoods and along Apgar. VACAPGAR.DOC/RML 1 • Attached(Exhibit A)is an illustration which shows the location of the right-of-way that is being proposed for vacation. The vacation as shown by the applicant appears to assume that Apgar was created equally from the properties to the East and West,that the applicant would come into possession of the Eastern portion of the right-of-way, and then dedicate that portion needed for Apgar, Thomas and Hennes as a part of the plat of The Meadows North. However, it is not clear without further research that Apgar was platted equally from the properties to the East and West, and thus would revert to the applicant as a result of the vacation. Thus, a better approach might be to retain all portions of the right-of-way required to make the intended street connections. If this approach were taken, new legal descriptions would have to be provided for the portions of the right-of-way to be vacated. Another approach would be to vacate only that portion of Apgar South of Hennes to Fuller Street, retaining an easement for Minnegasco over the vacated portion. This approach would permit access to existing properties via Apgar,but would eliminate the connection to Fuller Street. Other agencies and city departments have reviewed this application information. Minnegasco has a gas main in that portion of the right-of-way intended for vacation. For that reason, it objects the vacation unless a utility easement is reserved for Minnegasco. (See Exhibit C) The Engineering Department's comments are detailed in a June 30, 1996, memorandum from Joel Rutherford, Assistant City Engineer,to Julie Klima,Planner I, which is attached for the Commission's information. The draft 1995 Comprehensive Plan has designated this area as Residential. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives: 1. Approve the vacation of right-of-way as requested by the applicant. 2. Approve vacation of some other portion(s) of the right-of-way. 3. Approve realignment of Fuller consistent with the Planning Commission recommendation. 4. Deny the request to vacate the right-of-way. 5. Table the decision for additional information or other specific reasons. Planning Commission Recommendation: The Planning Commission reviewed the request for vacation at its meeting of August 8, 1996. By a vote of 6-0, the Commission recommended realigning Fuller Street to form a"T- intersection" with Apgar. VACAPGAR.DOC/RML 2 Staff Recommendation: Staff recommends Alternative No. 2. In the event that the Council accepts either Alternative No. 1 or 2, the recommendation of vacation should be contingent on the reservation of a utility easement to accommodate the existing gas main. Action Requested: A motion to direct staff to prepare a resolution consistent with the Council's findings in this matter, and to place the resolution on the Council's consent agenda at its next eeting. R. Michael Leek Planner II VACAPGAR.DOC/RML 3 612 783 1883 FROM : PIONEER ENGINEERING, PA O PHONE NO. : 612 783 1883 41111 Jun. 27 1996 04:44PM P1 it,* I I 1 !1 I 1 1 1 , ��` 11 # ` 1� � I 1i I - - _II_ _. _ _1 lit - ._ II_ � ._ -1 p I— _ _ _Ii- - __ 11 l II ( ! I II # t 1 II I - :�� 1 i �� �Il o 1 I- --/ L- - - -I ;t 1 1 I IiI; iI I I . i 1 c�0 1 1 41 - - _ _ IL '; - E1 1 / 1` 1ril "' a –I 1— _ -- _ 1 ciiv . 1,. r 1., til ,flt1, : � -II 1 � i © �. , 41;:i a lJJ ' 11111 i. 6.7 1�,": i i ❑ a ,{ / I 1( ' IF CP1 IF ' : ...t. • 0 .4 i 40. if 11 ,,, lit t 141 4 O ,,� . o ` 1 -rill76-«—47- 011 7.7411021.191. * dk 01 .4110,4bemi; ,<Ojr 'I i , , , • k, 7 Er. _�,',h ; ifs p�J ,' -! RS wi �� ,,,,,,,- v ` ,,, ,. ,,, t'i a � ro f� t --'-` 7;411„-J - g - . VI k....7 ;,-- r me ._ ' i ttia .- - i -I 9 1 V ��"i k f .. hof ,, - ,- -';i ,, . 1.5 g 4.1 V II /4".1 14 - /'' / / -_ If: / is 1 Ir .- iIt 1 ' i 1 1 i I i EXHIBIT A FROM : PIONEER ENGINEERING, PAIN) PHONE NO. : 612 783 1883 all Jun. 27 1996 04:41 PM P2 PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects engineering June 27, 1996 PARCEL A That part of Apgar Street(County Road No. 77),as platted in Prairie View 1st Addition, Scott County, Minnesota, lying northerly of the easterly extension of the south line of Lot 8, Block 1, Prairie View 2nd Addition. Except that part thereof lying within a 30.00 foot wide strip of land, the centerline described as follows; Beginning at the northeast corner of said Prairie View 1st Addition;thence southerly, along the east line of said plat, 57.00 feet;thence on a tangential curve to the left for a distance of 134.00 feet and there terminating,radius of said curve is 100.00 feet PARCEL B That part of Apgar Street(County Road No, 77), as platted in Prairie View 1st Addition, Scott County,Minnesota, lying southerly of the easterly extension of the north line of Lot 9, Block 2, Prairie View 2nd Addition and lying northerly of the easterly extension of the south line of Lot 9, Block 1, Prairie View 3rd Addition, except that part thereof lying within the circumference of a circle having a radius of 60.00 feet. The center of said circle is a point 40.00 feet easterly of the east line of Prairie View 1st Addition and on the easterly extension of the centerline of Hennes Avenue, as platted in Prairie View 3rd Addition. PARCEL C That part of Apgar Street(County Road No. 77), as platted in Prairie View 1st Addition, Scott County,Minnesota, lying southerly of the easterly extension of the north line of Lot 1, Block 2, Prairie View 3rd Addition, except that part thereof lying within the circumference of a circle having a radius of 60.00 feet. The center of said circle is a point 40.00 feet easterly of the east line of Prairie View 1st Addition and on the easterly extension of the centerline of Hennes Avenue, as platted in Prairie View 3rd Addition. Also that part of Apgar Street lying southerly of the plat of Prairie View 1st Addition and lying northerly of the northwesterly right of way line of Fuller Street as now laid out and traveled. PARCEL D That part of Apgar Street (County Road No. 77), lying within the South Half of the Northeast Quarter of Section 12, Township 115,Range 23, Scott County, Minnesota. Except that part thereof lying southerly of the northwesterly right of way line of Fuller Street, as now laid out and traveled. EXHIBIT B 2422 Enterprise Drive• Mendota Heights, Minnesota 55120•(612)681-1914 • Fax 681-9488 625 Highway 10 N.E. •Blaine, Minnesota 55434•(612)783-1880• Fax 783-1883 ,--" . • Minlgasco• A PIORAM ENERGY COMPANY July 16, 1996 Terrie Sandbeck Assistant Planner City of Shakopee 129 South Holmes Shakopee, MN. 55379 RE: Proposed Street vacation of Apgar Street Dear Ms. Sandbeck: With reference to the proposed street vacation mentioned above, Minnegasco does have an existing natural gas main in that portion of Apgar Street proposed to be vacated. Since this gas main is an important part of Minnegasco' s distribution system in this area, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29 . Please reserve ann easement ..Q Minnegasco, createdlay and within the document establishing the street vacation and filed with the Scott County Recorders office, over the following area of the proposed street vacation: 48681 - All of the East half of Apgar Street as described in this proposal, AND that part of the West half of Apgar Street which lies Northerly of the Easterly extension of the centerline of Hennes Avenue and which lies Southerly of a line lying 65.00 feet Northerly of said Easterly extension of the centerline of Hennes Avenue. I have enclosed a copy of Minnegasco' s map showing the existing gas main with the area of the utility easement described above, highlighted. Minnegasco may consider removing our objection should the petitioner wish to reimburse Minnegasco the cost of relocating the existing gas main if possible. To discuss this and any other options that may be available please have the petitioner contact Rick Pilon, Senior Administration Engineer, at 321-5426. Thank you for the advance notice and please send me a copy of the final action on this proposal. Sincerely, S even Von Bargen0 — Real Estate Specialist Minnegasco pc: R. J. Pilon, Minnegasco Dean Senne, Minnegasco 700 West Linden Avenue EXHIBIT C P.O.Box 1165 Minneapolis,MN 55440-1165 • • INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner I FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Vacation of Apgar Street Application DATE: June 30, 1996 After reviewing the above referenced application, I have the following comments: Bruce and I, along with Michael,have discussed the vacation proposed by Mr. Graser. It is my understanding that Mr. Graser is not necessarily set on vacating all of segments "A", "B"and"C". He just wants to know what portions of the street the City does want to vacate, so that he can develop the property accordingly. The residents who live near this site,have expressed concern over traffic patterns which will result from a vacation of part,or all,of the street as shown on the drawing included with the application. I think it is important to look at several alternatives, and evaluate the impacts the alternatives will have on the neighborhood. I have attached several scenarios for your reference,which utilize the general layout shown on the sketch drawing submitted by the applicant . I have also attached a drawing showing the existing conditions. Below I have provided brief comments on each of them, in an attempt to identify some of the pros and cons. The comments reference transportation patterns (for the residents' convenience, as well as for public safety), City Code compliance,and the impacts to the proposed development. Existing Transportation The current system does not allow residents living west of Apgar to get unto Fuller Street via Apgar Street. After the construction of Fuller Street,the county required the city to place barricades so that traffic could not get onto Fuller Street from Apgar Street. City Code Compliance Because Apgar Street has now been turned back to the City, it would now be downgraded to a classification of a local street. The City Code does not allow double frontage lots on a local road. There are two double frontage lots at the end of McDevitt Street which also abut Apgar Street. There are also four lots between Hennes Avenue and Menke Avenue which have double frontage. Impacts to proposed development I have not looked at the impacts to the development using existing conditions. • • Scenario "A". Vacating all of"A", "B", and"C", as shown on the applicants drawing. Transportation Thomas Avenue would extend from Fuller Street to Pierce Street without any connections to the other streets in the area. Residents living in"Area A"would be routed to 10th Avenue,before getting onto Fuller Street. Residents living in"Area B' would be routed to Pierce Street,then Thomas Avenue, in order to get to Fuller Street. Overall,the layout would generally force traffic traveling southbound from the local streets north of 10th Avenue,to take eastbound 10th Avenue,before getting onto Fuller Street. Very little though-traffic would be anticipated through the local streets south of 10th Avenue This layout would be inconvenient for some of the residents living in the proposed subdivision who wish to get onto southbound Fuller Street. They would be forced north,to 10th Avenue,then east to Fuller Street. City Code Compliance The length of the blocks north and south of Thomas Avenue would be close to 2,000 feet. The City Code currently allows a maximum of 1,300 feet. There would be one double frontage lot at the end of McDevitt Street. Impacts to proposed development Current proposal from the applicant shows the vacation of these areas. Scenario "B". Vacating all of "B"and"C",not vacating"A". Transportation Thomas Avenue would extend from Fuller Street to Pierce Street with a connection at Apgar Street. Some through traffic would be expected through Apgar Street,onto eastbound Thomas Avenue, and onto Fuller Street. This scenario would divert some of the traffic away from those homes which exist immediately south of 10th Avenue,along the west side of Fuller Street. This layout is inconvenient for those residents living south of Thomas Avenue who wish to get onto southbound Fuller Street. City Code Compliance The length of the block north and south of Thomas Avenue would be close to 1,000' and 2,000' feet, respectively. There would be two double frontage lots at the end of McDevitt Street. • • Impacts to proposed development This scenario would be similar to the sketch plans submitted by the developer, except the lots would be re-configured and the number of lots may be reduced. Scenario "C". Vacating all of"A", "B", and"C",as shown on the applicants drawing,but the proposed street layout would be different than the one shown on the applicant's drawing. Transportation Thomas Avenue would extend from Fuller Street to Pierce Street with a connection to a new road extending from Scott Street to Hennes Avenue. Another Connection would be made with Apgar Street and Atwood Street This layout is similar to"B" but would allow a more convenient route for those residents living south of Thomas Avenue who wish to get onto southbound Fuller Street. City Code Compliance The length of the blocks north and south of Thomas Avenue would be close to 1,500'. There would be one double frontage lot at the end of McDevitt Street. Impacts to proposed development This scenario would eliminate the cul-de-sac and would cause the developer to install more streets. How the lots would fit into this scenario has not been evaluated. Scenario "D". Vacating only"C". Transportation Thomas Avenue would extend from Fuller Street to Pierce Street with a connection to Apgar Street,at its current location. The residents who live west of Apgar would have convenient access to Fuller Street. Some through-traffic is anticipated along Apgar Street, South of 10th Avenue. City Code Compliance The length of the blocks north and south of Thomas Avenue would be the same as existing,about 1,000'. There would be two double frontage lots at the end of McDevitt Street. 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A k aziacri mei CIDEPARKTUST i s©llOt111s 19 Ng 1 j AV , 0 ‘ „9_, IV K tdL�AL W1 1 , c POOLeV 4 Li F� s s IIW se01 i 3 ' 2 14 7 o i Fy r. )C P14?9C Z �aC' - ILi /r‘ il ___ _7 7 , I Ili LI 11.4E: I ir 1' . r, ,. .i r,�. .. ,=r� . r- JK.).- ( ' r N I 1 r-- INTER-OFFICE MEMORANDUM TO: Michael Leek, Planner II FROM: Joel Rutherford, Assistant City Engineer jA SUBJECT: Vacation of Apgar Street Application d" DATE: August 14, 1996 During their last meeting,the Planning Commission directed"staff to investigate turning Fuller into Apgar at a right angle and extending Apgar in a north/south direction and bring forward to the City Council as a recommendation."After discussing this issue with Bruce,we have the following comments and recommendation regarding this proposal. Both Apgar Street and Fuller Street are currently City Streets. Apgar Street was a county road, but has recently been turned back to the City. The construction of Fuller Street is nearly completed. When it is completed,this street will be turned over to the County. The construction costs for the Fuller Street improvements were paid partly from State Aid funds. Re-configuring Fuller Street with Apgar Street,will require removal of Fuller Street from the State Aid system,and the City would be required to refund the state the money which was used for construction. Also,the cost for reconstructing this intersection would be paid by the City,as well as any upgrade of Apgar Street. Our recommendation is to not proceed with this proposal,because of the high costs required from the City. INTER-OFFICE MEMORANDUM TO: Michael Leek, Planner II FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Costs Associated With Ugrading Apgar S reet DATE: August 15, 1996 As requested,I have estimated the cost for upgrading Apgar for the following sections: Apgar Sreet from the end of the existing paved area to Thomas(approximately 450'): Estimated Cost: $50,000 Apgar Street from Thomas Avenue to Hennes Avenue(approximately 370'): Estimated Cost: $40,000 9MEMO ON TABLE A CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Members Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vacation of Right-of-Way for Apgar Street DATE: August 20, 1996 After further review of this item, staff has additional facts and comments as follows: APGAR STREET VACATION 1. Fuller Street realignment was approved by City Council on August 6, 1991. 2. Realigning Fuller Street to Apgar Street, to a "T" intersection, would result in a loss of State Aid Funds. The City has used $375,000.00 of State Aid dollars to build Fuller Street and would need to reimburse State Aid or could not use State Aid dollars to construct Apgar Street. It is unlikely, in my opinion, that the State would allow two collectors in this area to be designated as a State Aid street. 3. Scott County Courthouse Redevelopment Traffic Circulation was reviewed on September 19, 1995 by transportation engineers from OSM. Recommendation was that both scenarios for either the four block or five block alternatives, the traffic circulation was acceptable around the expanded Courthouse. 4. State Aid would allow Fuller Street from 10th Avenue to T.H. 169 with east-west jogs to be designated as a State Aid Street. RECOMMENDATION: In reviewing the alternatives, engineering staff would recommend that Apgar Street remain from 10th Avenue to Thomas Avenue and be vacated from Thomas Avenue south to Fuller Street except for the future cul-de-sac for the following reasons: • Extension of Apgar Street will meet the City's requirements of no block length greater than 1,300 feet for the area north of Thomas Avenue. • Connection of Apgar Street to Thomas Avenue will allow residents south of 10th Avenue to travel south on Fuller Street without having to access 10th Avenue, thus reducing the traffic volume on Fuller Street slightly from 10th Avenue to Thomas Avenue and providing another north-south access to residents west of Apgar Street. • Realignment of Fuller Street to Apgar Street, would result in the City reimbursing the State Aid Funding. At a minimum, direction should be provided for staff. J � Bruce Loney Public Works Director /b &. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Vacation of Right-of-Way DATE: August 20, 1996 Discussion The City has received a petition from Higher Ground Church for the vacation of right-of-way. This right-of-way is located between B.F. Pearson Elementary School and the Higher Ground Church between Shakopee Avenue and 10th Avenue(Naumkeag Street extended). A copy of the August 8, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended denial of the vacation to the City Council. Alternatives 1. Do not approve the vacation request, stating the reasons for denial. 2. Approve the vacation request. If the vacation request is approved, direct staff to prepare a resolution of approval and authorize staff to proceed with the desired procedure for disposal of the property. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the denial of the vacation request(Alternative No. 1). Action Requested Offer a motion to deny the vacation of right-of-way located between B.F. Pearson Elementary School and the Higher Ground Church, between Shakopee Avenue and 10th Avenue, and move its approval. Julie Klima Planner I i:\commdev\c61996\cc0820\vachgrch.doc CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Vacation of Right-of-Way DATE: August 6, 1996 Site Information: Applicant: Church of the Higher Ground Location: Naumkeag Street extended between Shakopee Avenue and 10th Avenue Current Zoning: East of right-of-way: Multiple Family Residential (R-3) West of right-of-way: Old Shakopee Residential (R-1C) Adjacent Zoning: North: R-3 Multiple Family Residential R-1C Old Shakopee Residential South: R-1B Urban Residential East: R-3 Multiple Family Residential West: R-1C Old Shakopee Residential Comp. Plan: 1980: Public/Quasi Public Draft 1995: Institutional MUSA: The site is within the IMSA and can be served by all municipal utilities. Introduction The City has received a petition from Higher Ground Church for the vacation of right-of-way. This right-of-way is located between B.F. Pearson Elementary School and the Higher Ground Church between Shakopee Avenue and 10th Avenue(Naumkeag Street extended). Please see • Exhibit A. This right-of-way was obtained by the city through deed, rather than dedication. Therefore, a public hearing is not necessary, however Section 11.82 of the Shakopee City Code requires that permission be given by the Planning Commission before disposing of any city property. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Higher Ground Church has sited the desire to utilize the space to develop additional parking area as the reason for the vacation request. The right-of-way is currently a gravel roadway labeled as a minimum maintenance road. Other agencies, such as utilities, have reviewed this application information and have not expressed any opposition to this request. Upon review by city departments, the Park and Recreation Department has expressed an opposition to this vacation request. The Park and Recreation Department currently utilizes the grounds at B.F. Pearson Elementary School for some of its activities. During such activities, the right-of-way is used as a parking area. Ifthe right-of-way were to be vacated and disposed oi; additional vehicle parking would occur on the neighborhood streets. Based on the municipal need for the right-of-way to be used as parking and the applicants desire to have the right-of-way vacated to provide additional parking area, it may be feasible to arrive at a cooperative parking agreement between the City and Higher Ground Church. If the City Council, based on the recommendation of the Planning Commission, determines that a municipal need for parking does exist and the right-of-way is not vacated, it may want to consider improving the area to be used for parking. If the City Council, based on the recommendation given by the Planning Commission, determines that there is not any municipal interest to be retained, it must then determine the procedure to follow for disposing of the property(ie: deeding the property to another property owner or offering the property for sale). The draft 1995 Comprehensive Plan has designated this area as Institutional. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of right-of-way. 2. Recommend to the City Council to deny the request to vacate the right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. 4. If the Planning Commission recommends approval of the vacation of right-of-way to the City Council, it further recommends that the right-of-way be disposed of by deeding the property to another property owner. 5. If the Planning Commission recommends approval of the vacation of right-of-way to the City Council, it further recommends that the right-of-way be disposed of by offering the property for sale. Staff Recommendation Staff recommends the denial of the vacation request due to a municipal need for parking in the area and provide direction regarding the improvement of the parking area. Action Requested Offer a motion to recommend to the City Council the denial of the vacation of right-of-way and provide direction regarding the improvement of the parking area. 4d-ek. /-16`)/' Julie Klima Planner I i:\commdev1boaa-pc\1996'aug08pc\vachgrg.doc `, " R S ,,,c,,,,_,,--._?, ' \1 i , _ EXHIBIT A ,,.; • .�- y.. _ ,r-',_ .• c‘ r�' �-�_v, 1 1 1 s __ _ `___ice---- r _ I , * 1B1 A . --,. s,..____., _.,!----,____, ,. . \ \...., i 3 1 , J ,., �; • r-Up 3 y-3• • ltip :i it , . ;,/A•�rir,,, 4i1all I>l:�:.3- I "I IININ 41r4k 111114114. 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'' .�•.•� • - 7'7-7-.1. ,�`t�„iv i.e.1s: �':�• 2- . _ { . - :.._ _;c:;.i= . es-cert ...)1° A � „-, ,. ,- simi ` VS: ,""t0�,! tir-r—', I ! C . \ i `ova � ,, •`ter ____ 1 32 I l-:i fll.�. E..:s.tress 1771 CerltrCI-F2',_;S:reSS • -.- _ rJ y��� m�, 0.z- �r / L ' r _,moi �� �. .•% • . , =•-:.y irtL:S . i. 1 • K = = • - • �ti ,A G _ _ /o 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 15, 1996 Discussion: The applicant's request for final plat approval was tabled at the August 6, 1996, City Council meeting to allow time for submittal and review of revised construction plans. The applicant has submitted said plans, which have been reviewed by the City's Engineering Department. Assistant City Engineer Joel Rutherford's memo regarding these plans is attached. The attached, revised resolution incorporates his recommendations. 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. 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 oA. w• kee Manor 2n j Addition, and move its approval. -. /� :/_R. Michael Leek Planner II FPMILMR3.DOC/RML RESOLUTION NO. 4479 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING Hit 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, IHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF !1i1 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. IL The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. The Developer must submit a revised set of construction drawings to the City Engineer with the following changes; 1. Approval from the Shakopee Public Utilities Commission for the water improvements; 2. Revised grading plan; and 3. Erosion control plan. C. 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 in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. FPMILMR3.DOC/RML 2 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 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. D. Recording of Resolution No. 3711, vacating a portion of Minnesota Street, adopted by the City Council on November 17, 1992. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney FPMILMR3.DOC/RML 3 WILLA! SHAKOPEE INTER-OFFICE MEMORANDUM TO: Michael Leek, Planner II FROM: Joel Rutherford, Assistant City Engineer pi SUBJECT: Milwaukee Manor 2nd Addition - Final Pla DATE: August 15, 1996 Staff's recommendation for the Council meeting on August 6, 1996,regarding the above referenced final plat,was to table this item until additional information has been provided by the applicant. The applicant and the applicant's engineer have submitted the information required to recommend approval for the plat. Prior to recording the Final Plat,however,we will require the final set of construction drawings for grading,erosion control,and the approval from SPUC. For the Council meeting on August 20, 1996,my recommendation is as follows: Prior to recording of the Final Plat,the following must be completed: The Developer must submit a revised set of construction drawings to the City Engineer with the following changes: 1. Approval from the Shakopee Public Utilities Commission for the water improvements; 2. Revised grading plan; and 3. Erosion Control Plan. Other items (approval of title,execution of developers agreement,etc.) COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 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 1 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.DOGSB 2 RESOLUTION NO. 4479 A RESOLUTION OF THE CITY OF SHAKOPEE,MIM,TSOTA,APPROVING THE 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, 1 HEREFORE, BE IT RESOLVED BY Tilt., CITY COUNCIL OF '11th 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. II. 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.DOC/SB 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 FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 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 of Milwaukee 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. 1 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 I Li :1.44 zi4 0 o rj;i:t z z a O alit , a ►— �n. i I • 1,12,1 1 i ' z � fin! ; a ;i 1 . 11 1 Ic I 1 fjt ti# st a a e s�II 1Pilt 1 ! I 1 II i i 1 a .� 1 0 Z t t, a i I, , Ii i i 14 # i L' ..0 ,... 0 a: it Ii it i tit3r II I f I iz 1— f1 _ . , , �tf a , , Z told ig i ri i,a tt Ij1 i .,... ,. . ,_. H Ili #IJ 1 ill 1 liI!iii 1:) s.1 J )1 ji Iii i lir — i Q Ci Q O 11 Ip iIwo U 4 , s= w : ill J ! Cl) i • -, ..a..R r p i 11 11 CC . BE .... • • 4 „ sem. . .:: [ ) .. ;ice ,A__ . i . : iiieii t ,R., : _ L; to _ p v •Jsiss r I v - aJ Ia maw ra,.�a�-�..�. Y- -,'1 S Yl'•11•'•'•� �,j/ 8: ....rte -a-,,.0.0.11.k. ,t •�\. I ` . - 4gN "4 — day "4 vh =• ' • - . -� <Q 3 :1 ti, F a. F�1 a RESOLUTION N0. 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: The two interior streets (Milwaukee Court and Milwaukee Road) shall be private driveways. ,,,2: 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. 5L. 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 1, the traffic analysis prepared by Stgar, Roscoe and Fausch for this proposal. ✓7 . Approval of the title opinion by the City Attorney. v8 . Execution of a Development Agreement for construction of required improvements: EXHIBIT B 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. 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. X A 5 ' wide sidewalk along the east side of Dakota Street. �9. 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. 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. J.5. The areas containing drainage ponds and storm sewers must be dedicated as drainage and utility easements with the recording of the final plat. 416. 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. 1377. The developer shall dedicate an easement for the existing riser pole and underground distribution lines as required by Shakopee Public Utilities. 1,,. The exterior building materials used for the two story, split level and recreation center structures must be stucco and brick. 1.14. 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 feet.dn Passed' in' uwla,�r'session of the Ci y Counci of th City of Shakopee, Minnesota, held this /S day of , 1992 . )4. r" 4„, Mayor otf 't/he..,eity of Shakopee Attest: .• _ • /L City Clerk Approved s to form: �� , —./_,244 City Attorney • 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 southerlyrly line and the northwesterly extension thereof, a distance of 441.84 feet to the centerline of Dakota Street. according to the record plat of MACEY PLAT; thence South 00 degrees 42 r.:n tes 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 M. 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. i 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 of the Preliminary Plat of Milwaukee Manor on February 4, 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat of 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. EXHTRTT C I 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. i • 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 a public right-of-way; and I ' 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 a.r,V M7. session of the City Council of the City of Shakopee, Mir1nesdta, held this 14 day of f , 1993. Mayor o t O�ty of Shakopee • Attest: IMP _ .... 0 . City Clerk Approved as to form: i �., A: City Attorney / // CITY OF SHAKOPEE '• Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Purchase Agreement -Fire Station Property DATE: August 15, 1996 INTRODUCTION: The Council is asked to authorize the execution of a purchase agreement with Gene Hauer for 14.51 acres, to be utilized as a site for the proposed fire station, and possible other future uses. BACKGROUND: At a special meeting held August 13th, Council considered the purchase of the 14.51 acre site which has been subject of negotiation for the location of a fire station, pending voter approval in November. Five acres would be for fire use; the remainder would be used for Public Works purpose in the future, or sold for development. Council was advised at that meeting that including County Road 16 sanitary sewer assessments, the per acre cost would be $26,155, for a total of$ 379,515, plus future SPUC assessments of approximately 722/acres, or $10,476. The purchase agreement shows $343,240, the amount going to the Hauers after deducting the $5000 which they agreed to pay towards assessments. The entire project budget was also considered; that will be up for formal approval by the City Council at its meeting of September 3rd (to adopt the official amount to be listed on the referendum ballot). Council was also advised that there were some unknown numbers, which would be part of the $3.4 million referendum package tentatively approved. In an effort to more accurately identify those costs, the following estimates are being provided: A. Financing Costs -this had been estimated at $100,000; Springsted advises that a more accurate number for a 20 year, $3.4 million project would be $ 78,000. B. Assessments -In September, the Engineering Department will propose to the City Council that water trunk charges of 7.5 cents per sq. foot be initiated city wide for property being platted, or for platted property currently vacant. This would amount to $45,000 on this property; again, this has not been enacted, and would be something for which the City Council would have to make a decision later. This is not included in the budget. C. Utility Extensions/Site Development Costs - The preliminary budget included $125,000 for site development fees, including utility extensions, site grading, curb and gutter, etc. The Engineering division has looked at the site, and the site layout. The following items are identified by the Engineering Division as being needed for the fire station site, and for the public street which will provide access to the fire station return, and to the easterly lot: 3,000 lineal feet - curb and gutter 850 lineal feet - sanitary sewer(extended from CR 16) 1350 lineal feet looped watermain 3 Water Hydrants Site excavation on site Retaining wall for access street Gas line relocation(greater depth needed due to cut) Surface restoration On site sidewalk Storm drainage treatment Pavement, including street to access Easterly portion of site. These items are being reviewed by the architect. Because there could be a substantial cut(as much as 24 ft.) of vertical elevation needed to reach Vierling Drive from the layout shown in option B, unless a driveway is relocated to the far west end of the project, there will need to be a relocation downward of the gas line, and a retaining wall constructed. (There will be a downslope on the driveway, with a northerly exposure - icy conditions will need to be prevented.) To do the site as laid out, including the public street, the total cost is estimated to be $325,000. Adding a 10% contingency, the amount is $360,000, vs. the $125,000 budget. However, that amount did not factor in the added costs for the excess portion of the lot not needed for fire station. If chosen by Council, access to the station could come from the west, which would leave future access to the public works/other site undecided until a future time. By doing this, it would cut in half the estimate listed above, making it much closer to the budgeted amount of$125,000. D. Building Permit Fees -the Building Inspection division estimates the value of a building permit fee to be $39,400. It would be a Council decision as to whether to waive the building permit fee, which is payable to the City. It was noted that the construction of the Civic Center, by virtue of the fact that funding was coming from TIF, the building permit fees were not waived. The remodeling project for the current City Hall building, however, had those fees waived. They have also identified $13,000 in permit fees which are fixed, and must be added to the cost of the project. This would be for such things as water and sewer availability charges, State surcharge, electrical inspection fees, and water meter fee. These fees are normally included in the building construction costs. A revised project budget estimate is being put together by the architect,which should be available on Tuesday,Aug. 20th. BUDGET IMPACT: Obviously, these above items are part of the construction project, and portions of them may need to come from the 10% contingency currently within the budget, otherwise, the project will need to be adjusted to fit the available funding, should this be approved by voters. RECOMMENDATION: We recommend that the purchase agreement be approved, and that a warranty deed be directed to be executed upon receipt of approval by the City Attorney. Council should be aware that this purchase agreement action commits the City to the purchase of this property; if the referendum is unsuccessful, the City will in effect, have land banked for future needs. Funding for the purchase will need to come from other sources. ACTION REQUIRED: If the Council concurs with the site and cost, it should, by motion, direct the appropriate parties to execute the purchase agreement with Gene Hauer for 14.51 acres of land, at intersection of Vierling Drive and Eagle Creek Boulevard, for future fire station/other uses. A4.0:)AAALILLI( Mark McNeill City Administrator MM:tw - — --- — .k .. .a 3.•C, n# , r �' h�'Y$ fie 5y �j 4:::-i'' ac Y x a�'�T ,�.+s s �.4. ,,fir+ 1 \\ \ \ I . I 11110-ttlaw_, iella411„,wailliW,-);--AVA‘ 111111il \ s --,,-. iSi.-4 s \ , ......-.) , -*s_06 sIN • \ I I 1 1 I I I 11*‘\ ..... 1111k ' \11, SI' 0 10111.111 0 0 i 1111 it ,//:11 / ' a 1 /‘ / ' r ____ _ /4:„, , ii / t d 1 .l I 1 ; i/ ,/f / I , , o o , o / bey/ � rz, m / rb o / -� co o / o ; 1 / Q. 1 , I I O - I 3- I1 I h O \ iC 't1 \ \ IG 0 1) f' F I ' T E Iy I LID I \ r, A (-) C I \ T E 111 M.... 5..... 5..... MI 11.. MI t. •5101 tel 511-115-5111 11-55•-1751 1.a... II. 1.1.172.• w.r 1111a I:..1rr PROPOSED FIRE STATION.2 SITE PLAN-OPTION B 1 40 for Imo ......m.......... SHAKOPEE.MINNESOTA • ••�.`..I::c`� 5s b... .!M ...r._ C aLi. , .is,..t..p._.t, ,f,.-.t..0a f 'pr, 7 11 6 _ , r 4:41;;W: - sTf l ., _ , '. fix- a z7'0Or z O 0 z m 0 M \ M \ \ \ \ -- - - - -\ \\ \ \ 1 \ \ oma''' \ ,_\1 1 i9 ►. A \ - eitiellioligliellilliC110k ilk 101111114111 \ X Oa \ \ j. \t„,,, 1WN \7L.0 1 o . ci‘VT\Nr, 1 % ,\ .\,0 \ _ x , ,,,, ,\ • % ( . 1 ,rte , \ , \ , 0 1 , \ 0 1... . • // i dirli , \ t i ii.,/,411 / sip '0 _ - \ r — — — — -,-, 1/ i 1 1 rI 11 c 1/ I "1„.\,,/ /4 i // (0`• ": i °"\' . ) (r 1'i' 1 /1' I r-u) U §,:///, 1 1 co ,1 I / I1 I 11/ O —S E, t) A, I'',, '.1 :1 Is; R O C) (' F I T E I'.„ (� ll D I .� 0C I T E 222 North S d Straat MIn aapolls. MI to 3340/ fax 612-339-6212 then• 612-.33sr-375 !Whim tie. Dila HeMet 1 . 3laa!7Wa :2"116."Hiedr Carteltadm yPROPOSED FIRE STATION .2 SITEPLAN - OPTION Bfor .......pewit, Qa*arMa to to 1 ao a Mr.MN.a w.1rWr- SHAKOPEE, MINNESOTA pull fa•+••b ar.r ar Momo a.rot rt Mr.ra POOR h 0.,MI O�Wa a► MV- a./..ar��ala 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. Five Hundred and No/100 Dollars 500.00 5. the sum of ___ ($ ) 6 by CHECK-tl038- KRECas 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 property located at: 9. Street Address: the South West corner of Vierling Drive and County Road 16, 10. City of Shakopee , County of Scott , State of Minnesota, 11. Legally described as: (See attached Exhibit A. ) 12. _ 1a 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 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. µ(M 22. -_ ��i�/ 1.343,2•410,(30 2a all of which property Seller has this day agreed to sell to Buyer for sum of: ($ '11447444430- ) 24. Three Hundred Forty-4444 Thousand, Two Hundred Forty and No/100 Dollars, 25. which Buyer agrees to pay in the_follgwinq/M1474: Earnest money of $ 500.00 26. and $ -344,-7144v40 3 y NO .90 cash on �, 1996r/676,1(.1414 ,the date of closing, and er ix "�•e 5� ter be 27. the balance of$ -0- 14 financing in accordance with the attached addendum: 28. Conventional FHA VA Assumption Contract for Deed Other: 29. This Purchase Agreement AS}f IS NOT subject to a contingency addendum. (If answer is IS, see attached addendum.) 30. This Purchase Agreement X51)( IS NOT subject to cancellation of a previously written Purchase Agreement dated 31. This Purchase Agreement MX IS NOT 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 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 properly 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/SEIMINISNXIMINICOVIVIIIMIRXXOSNRX 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 / (AssyrAEfsguNgteatAktcrn on date of closing all other special assessments levied as of the date of closing. 44 BUYER SHALL ASSUME mikt.mtyftfygniRgmeAymetiThatt 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. SHIMI SH WCASSGIMEN 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 Nit49CRHAS NOT received a notice of hearing for a new public improvement Oa le one) 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 /NIONECKOINERX 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. `,;rbllr'i and Iliryw Irlilcd Seller(s) Date Ruyer(s) Date 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 shall 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 6a 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 TO 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 11D.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 78. 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: lime 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. 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 3. RECEIVED OF the City of Shakopee, Minnesota, 4. 5. the sum d Five Hundred and No/100 Dollars ($ 500.00 6. by CHECK-,rr 1 1ICA E3Cas 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 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 City d Shakopee minty d 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 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. heatllators; AND: the following personal property: None. 21. I444 22. _ 1444t343,2410,do 23 all of which property Seller has this r day agreed to sell to Buyer for sum of: ($ 4 :O" 24 Three Hundred Forty- girr: Thousand, Two Hundred Forty and No/100 Dollars, 25. which Buyer agrees to pay in the_following n r r: Earnest money of $ 500.00 26. and $ 40T06 4 2-A rf0 SO cash on At 19ge 1 ,the date of closing, and or b owe. Sot * P ,r(7-16 27. the balance of$ -0- by financing in accordance with the attached addendum: 2a Conventional FHA VA Assumption Contract for Deed Other: 29. This Purchase Agreement}18.1I IS NOT subject to a contingency addendum. (If answer is IS, see attached addendum.) 30. This Purchase Agreement ( IS NOT subject to cancellation of a previously written Purchase Agreement dated 31. This Purchase Agreement)ISI IS NOT 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 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/sEnzustuunosoucenansagurzessioc 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 ASS9,!tf,,X431,XXOCAMOLUX on date of closing all other special assessments levied as of the date of closing. 44. BUYER SHALL ASSUME/ ff teaP JI ittim g 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. BH SELLER SHALL PAY on date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special 4a 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 d this agreement, Seller represents that Seller )1SBCBHAS NOT received a notice of hearing for a new public improvement (cMc1e u^sl ._. 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 dosing, Buyer shall assume payment of 54. ALL / mob ( 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 5a 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 SeNer(s) Date Buyers) Date 61. MN:PA-1 (om) • ..�„ ... �.;, ., .rw .re� r," r .. :tee .., .. �. 1 PURCHASE AGREEMENT 104. Address C ) 105. Page 3 Date 9/tA 7 ', ? � L 106. REAL ESTATE TAXES shall be paid as follows: 1177 Buyer shall pay, RRommumamaymx_6_12THS$14XXIIONIRXreal estate taxes due and payable in the year 19 96 Ic,rcro one) 108 Ser Shan ' pa, ROR/CT): `.� ,_CLOSING,_12THS,ALL,NONE_ real estate taxes due and payable in the year 19 .If the Dto DAY OF 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 iii801:13AR1 lromestead classification. If part or non-homestead classification is circled, " , 111. Seller agrees to pay Buyer at closing $ -0- toward the non-homestead 112. portion of the real estate taxes. Buyer agrees to pay-el remaining balance of non-homestead taxes when they become due and payable. iia No representations are made concerning the amount of subsequent real estate taxes. 114. POSSESSION: Seller shall deliver possession of the property not later than immediately after closing. 115. An Interest,homeawnek association dues, rentp,fuel oil iquid petroleum gas and all charges for city water,city sewer, electricity, and natural 11a 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 tanks,except 119. herein noted: None. 12a 121. SPECIAL WARRANTIES: 122. SELLER WARRANTS THAT THE PROPERTy 1 DIRECTLY CONNECTED 10: CITY SEWER DYES ONO CITY WATER DYESXJNO 123 SELLER/BUYER AGREES TO PR DE WATER QUALITY TEST RESULTS AND/OR SEPTIC STE,11 CERTIFICATION IF REQUIRED BY 124. GOVERNINQ AUTHORITY,AO/ LENDER SELLER WARRANTS THAT ALL AIIALDWC;HB,<HEATI G,AIR CONDITIONING,WIRING 125. AND PLUMBING SYSTEILIS USED ND LOCATED ON SAID PROPERTY WILL BE.IN.WORKING OR ER ON THE DATE OF CLOSING, 126 EXCEPT AS NOTED ON ATTACALDEADDENDUM. BUYER HAS THE RIGHT TO INSPECT PROPERTY PRIOR TO CLOSING. 127. OTHER: This sale is under thrq�bf condemnation by Buyer. 342, 740 00 f 4M 128. ye ,tska :l.pay, tuturptrunk wa'ter ,cfh rig �,Ss7,44,ipttectvati,x,16,3 8.00. 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 4tAfLMENT BY SELLER: 132. SELLER HAS/HAS NOT HAD A.WET BASEMENT,AND HAS/HAS NOT HAD ROOM WALL OR CEILING DAMAGE CAUSED BY WATER =w;. - (ends ons) (cede one) 13a OR ICE BUILD-UP BUYER HAS / HAS NOT RECEIVED A REAL ESTATE TRANSFER DISCLOSURE STATEMENT. (dn:rs on.) 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 THAT AVE ECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND 138. RESIDENTIAL REAL PROPERTY A$1B1TRATION AGREEMENT. •J r i / 139. SELLER(S) BUYER(S) 140. SELLER(S) BUYER(S) 141. NOTICE 142. (wn (Company Name) Repress nts t43. Represents IMma) (Company Name) 144. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. 145. I, the owner of the property, accept this agreetrent and authorize I agree to,purchase the property for the price and on the 146. the listing broker to withdraw said property from'the market, tdrms arid conditions set forth,above. • 147. unless instructed otherwise in writing. f 148. X X (Seller's Signature) (Gate) (Buyer's Signature) (Dale) 149. (Seller's Printed Name) (Buyer's Printed Name) 150. (Social Security Number) (Merkel Status) (Social Security Number) (Mail Status) 151. X X (Seller's Signature) (Dee) (Buyer's Signehae) (oats) 152. • (Seller's Printed Name) (Buyer's Printed Name) 153 (Social Security Number) (Marital Straus) (Social Security Number) (Marital Status) 154. FINAL ACCEPTANCE DATE RS. fcR ..tr•wi mere ic Vital r SIRE LEI^*r_ OR TAX ADVICE_ CONSULT BETWEENBUYERSAND OFESSI 155. THIS IS A LEGALLY BINDING CONTRACTcoNsut_T AN APPROPRIATE PROFESSIONAL. VACANT LAND ADDENDUM This form approved by the Minnesota Association of r •. REALTORS®,which disclaims any liability iarising out of use or misuse of this form. 1: , • 1. Date 2. Page of Pages • a Addendum to Purchase Agreement between parties dated , 19 pertaining to the purchase 4.and sale of the property at the South W$st Corner of Vierling Drive and County Road 16. 5. 6.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 S.null and void and all barnest money shall be refunded tothe Buyer.Buyers and Sellers agree to sign a.cancellation of the Purchase Agreement. 9.(Select appropriate options a-h) 101] (a) [X SELLER shall provide a certificate of survey of the property, at SELLER expense, not later than (Tarin � �„�n one) 11. August 1, 19 96 . 12.0 (b) Buyer obtaining approval of city/township of proposed building plans and specifications at BUYER/SELLER expense. (circle one) 13. ❑ (c) Buyer obtaining approval of city/township of proposed subdivision development plans at BUYER le/SELLER expense. ;Circone) 14.0 (d) Buyer obtaining approval of city/township for rezoning or use permits at BUYER/SELLER ex nse. (Circle nnel ; ,L'{ 15 CX(e) Buyer obtaining at BU%fER}. expense, percolation tests which are 1cepfable to B 1& OEM Buyer obtaining at 'SELLER expense,soil tests which indicate that the property may be improved without extraordinary building (cerin one) 17. methods or cost. "- .. (! 1a❑ (g) Buyer obtain approval of building plans specifications in accordance with any recordedion covenants and approval of 19. tTiew a ural control committee, r r • 20. 0 (h) OTHER!" 21. 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 may,incur, additional charges improying the p(operty including but not limited to: Hook-up and/or access charges, 25.munpat charges,costs for sewer'ate,'stubbing access, water access, park dedication,road access, utility connection and connecting 26.fees, curb cuts and tree planting charges. 27.SPECIAL WARRANTIES: Seller warrants that the property described in this Purchase Agreement consists of approximately 28. 14.51 ACRES _.(c.„ 11(RR} and is currently zoned R-2 • -----'----(curb One, 29.Seller warrants that the property/AXIS NOT in the designated 100 year flood plain area. (circle one) I 30.Seller warrants that the property DOES DOES NOT currently receive preferential tax treatment(i.e., Green Acres, etc.). 31.OTHER: r . ► t. . i ') t ► ! 1 i 1 i - 32. (seer) (Date) (Dere) tea) aa (Seller) (Date) (Derr) (Date) 34. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 35 IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. 36.MN:4LA(ems) 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�i�n writing. �� ,' 3"16 151. X/��G -04e / ''-weed y x `(Se?er' s Signature) (Date) (Buyer' s Signature) (Date) 152 . Eugene F. Hauer Jeff M. Henderson (Seller' s Printed Name) (Buyer' s Printed Name) 153 . y73 –3 y— 7a,..-3 Mayor of the City of Shakopee (S.S. No. ) (Marital Status) (Title) 154 . X -27:._.-f: ' ' .zn.- )11WX (Sel er' s Signature) (Date) (Buyer' s Signature) (Date) 155 . Virginia T. Hauer Mark McNeill (Seller' s Printed Name) (Buyer' s Printed Name) 156 . '/70 .3e., Q<o7I Algrrie-d City Administrator (S.S. No. ) (Marital Status) (Title) 157. X /-10A-4-Ge.".. 7-22-4 6 X eller' s ' ignature) (Date) (Buyer' s Signature) (Date) 158 . James J. Hauer Judith S. Cox (Seller' s Printed Name) (Buyer' s Printed Name) 159 . q (p g ' 3 k—a I A/ fk ` ?1wvJ City Clerk (S.S. No. ) (Marital Status) (Title) 160 . X .• -, "7/-e2.-e..4.....--0-?; -Cl c (Seller ignature) (Date) 161 . Mary Ann Hauer (Seller' s Printed Name) 162 . 'e7/70 " "--40 ---/G2 / 1,/72.,,-,-e:: d: (S.S. No. ) (Marital Status) III r' 163 . i_Af/ , ' illi 2� A 1 elle ' s Signature) *ate) 164 . Jane M. Hauer (Seller' s Printed Name) 165 . 547 :3,9— 2eM DT:AM tc (S.S. No. ) (Marital Status) 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 k,g writing. 151. Xr/r �t F' '�c 7-13 i'O X (gellr' s Si ature) (Date) (Buyer' s Signature) (Date) 152 . Eugene F. Hauer Jeff M. Henderson (Seller' s Printed Name) /n� (Buyer' s Printed Name) 153 . 1/7-3-3Y— .7 3 4J Mayor of the City of Shakopee (S.S. No. ) (Marital Status) (Title) 154 . X1•�f A e4fj. � `✓GZGC12x 7;0 '96 x Se]er' s Signature) (Date) (Buyer' s Signature) (Date) 155 . Virginia T. Hauer Mark McNeil]. (Seller' s Printed Name) (Buyer' s Printed Name) 156 . 4/70-- 3 6,- % '71 Meter p e d City Administrator (S.S. No. ) (Marital Status) (Title) 157. X AV-1.4.44". )7,0_4i X eller' svSignature) (Date) (Buyer' s Signature) (Date) 158 . James J. Hauer Judith S. Cox (Seller' s Printed Name) (Buyer' s Printed Name) 159 . Lj toe - 3 fir- 21 al. /� "Yl1a City Clerk (S.S. No. ) (Marital Status) (Title) 160 . X %22-2.40 :7/7-74 --,7--; -04, ��. (Sellefts Signature) (Date) 161. Mary Ann Hauer (Seller' s Printed Name) 162. /74 -g‘ - ,5-1==-2 (S.S. No. ) (Marital Status) 163 . it.G1/ ,�4e/A-- / :' ?Zi Seller' § Signature) ( te) 164 . Jane M. Hauer (Seller' s Printed Name) 165 . (S.S. No. ) (Marital Status) • 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 descri},tion 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 29024' 30" B (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 aid 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 1141 Allan R. Hastings Minnesota Registration No. 17009 • L21 Lewis Street S. Suite No. 102 Shakopee, Minnesota 55379 Phone 612 445-4027 . 1. . i . ':.► i .I. ' -i, .1 M J +•.•• A',1 : 1 ..........4.0 , • --off . 9 s',��4.w�,r V' ,,.,l•ri• \ ••1 1!!s ``'• • d s dei . . .-- • I .. itis- Iti 1 f/a b • fr• 7 ' V 1 . , z _7 . . \ . I . .a ,., Z /� 1-x. 8. • 1 s,„. . o• a. - Zvi_ J �� r....... � , • CVS . f1. .. :.T... u• i 1 .... • • : • t3 • • .1 — r -, •.' • 1. j It 2 .rte . •i Z• bv. %_ .. n si • •••.. 11.:84bi, .-- t\ i l 1 ;_ . e• I . ' Ii ��� _,• W tY_ tt I .j ` (Y si I \ .....) 44 . \ . • . t • , • . 4 ' ., '‘• _-_1' r ;.i ,'\, ' • • • \ • ' / \., cO +� • r •LI ` Q CC rl y. 9 • 0 f r J • 1 Ot• - a 3 ` oar �� ��'kieX44 U J N f 4=N ?if, ` �� , --�' No : 11 . •ate.- 0^1.0.0. i :--7 . i.• , lit vvoi mow dpi 1i i fOY •�• .1 J•r a tr l;-- \ •F R• j . ' r r Ill • ‘.... \I______2r, . Q. * \ . tsr t ML• l CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Referendum for Additional On-Sale Liquor Licenses DATE: August 14, 1996 INTRODUCTION: At the regular council meeting on August 6th, the City Council directed staff to look into the possibility of increasing the number of on sale intoxicating liquor licenses currently allowed by law. BACKGROUND: On August 6th, City Council was asked to consider amending the zoning ordinance to attempt to preserve the concentration of establishments that servealcohol in the Downtown (B-3) and Major Recreation (MR) zones. This was at the recommendation of the Planning Commission and the Community Development Commission. If it is the City's desire to influence the commercial makeup of the downtown, these advisory bodies suggested that one way may be to take steps to ensure that the concentration of restaurants and other establishments that serve alcohol is limited to the downtown and major recreation areas through zoning. It was during the discussion of amending the zoning ordinance that City Council was advised that the City has issued 10 of its 12 liquor licenses. State law sets the number of licenses that cities may issue based on population. City Council tabled discussion on the proposed zoning ordinance for additional information; and, also directed staff to look into the possibility of increasing the number of on sale licenses that the City may issue. The state law does allow the governing body of a city to issue on sale liquor licenses over the number permitted by law when authorized by the voters of the city at a general or special election. The law sets forth the actual questions that may be placed on the ballot. One question would allow Council to issue an unlimited number of licenses and the other question would actually address a specific number to be allowed over the number allowed by law. Question 1: "Shall the city council be allowed to issue 'on-sale' licenses for the sale of intoxicating liquor at retail in excess of the number permitted by law?" Yes No Referendum for Additional On Sale Licenses August 9, 1996 Page -2- OR Question 2: "Shall the city council be allowed to issue (a number to be determined by the governing body) 'on-sale' licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law?" Yes No " To the best of my recollection, the City of Shakopee has placed question number 2 on the ballot twice within the past 25 years. (As a city of the fourth class, the Council could issue six on sale liquor licenses. ) The first time the number was increased by two. The second time the number was increased to what it would be when the City became a city of the 3rd class (12) , since we were so close to becoming a city of the 3rd class (10,000) . In neither case were all additional licenses ever applied for. ALTERNATIVES: 1] Status quo 2] Referendum for two additional licenses 3] Referendum for ( ) additional licenses 4] Referendum for unlimited additional licenses RECOMMENDATION: City Council should discuss whether or not to ask the voters, this November, to allow the issuance of liquor licenses in additional to the number permitted by law and give staff direction. Currently there are two licenses that have not been issued. This matter could be placed on the ballot in 1997 or thereafter as well as in 1996. This is a policy decision and staff has no recommendation. City Council will want to continue discussion on the proposed ordinance to limit liquor licenses to certain zones, as a separate item. 21 J di6h S. Cox, kr Clerk hjudyllicenses\ligrefer CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Planner II SUBJECT: Amendment to the City Code -Location of Establishments Licensed to Serve Alcoholic Beverages DATE: August 15, 1996 Introduction: The City Council reviewed the draft of amendments to Chapters 5 and 11 of the City Code at its meeting of August 6, 1996. At that time, consideration of the draft was tabled. Two issues were identified by the Council during that discussion; 1) the limited number of licenses remaining in the City of Shakopee, and 2) validity of the approach limiting distribution of liquor licenses as expressed in the draft ordinance. The City Clerk, Judy Cox, has addressed the first issue in her memorandum. Discussion: Prior to focusing on specific changes to the draft ordinance, and to assist with Council's discussion regarding the intent of the draft ordinance, staff has prepared and attached to this report a list of the 1995-96 On-Sale Liquor Licenses and a copy of the Zoning Map depicting the location of these licenses. As the map shows, there is a concentration of 5 licenses in the B- 3 (Old Shakopee Downtown) zoning district; 2 are currently located in the MR (Major Recreation Zone);with the balance being located largely in or near the Hwy. 101 corridor. The intent of the draft ordinance is to use liquor licensing to promote certain economic development goals, i.e. the strengthening of the downtown and major recreation area entertainment businesses. At its meeting of August 14, 1996, the EDA passed a motion on a vote of 6-1 strongly recommending that the Council retain the purposes of concentrating liquor licenses in these specific areas. Action Requested: Direction to staff as to whether or not to proceed with revisions to the draft ordinance based on the concept of concentrating liquor licenses in the B-3 MR zones. R. Michael Leek Planner II 1995-96 On Sale Liquor Licensees Bretbecca dba/Pullman Club (I Rock Spring Restaurant J Babe's Place V Canterbury Park Concessions(race track) '/ Dangerfield's Restaurant`/ The Main Event MIN Hotel Corporation (Canterbury Hotel)✓ Turtle's Bar and Grill Corp-Tool dba/Arnie's i Pablo's Mexican Restaurant Three Club On Sale Liquor Licensees: American Legion VFW .i Knights of Columbus V Note: all licensees also have a Sunday Liquor License, except for Pablos who is not open on Sundays. L., .' 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II i�•��o��o i°iio lo 00: 0 , . - p �v3loi___, :111Imi » iiii� 00�� — - • -! Ilk ,, 1 W Q'.- 111 •` If WI FYI w P: 1° one MID311 14 MIL rik, � - 1 i V� 1, 1 ' �' L ( 117 =U 10',41 _' 1°•�1 .....+;' h'.ty is• .rte ',4 , i \\/!.-i. . . lir We MUI ii� y t. __7. X111 1 Ib D ae, G1. .f.Ai �. W s ; L 64 4,._.* \ , l.:Iv-Ali.. 1 mob:' :,��` 77 rat, A \ F, ...iiit 1 \ lti,61. I _ .. . ..i. .. . . r.:----,( 30t.-= \ 1111 ` fill i I o ,,,4 _ 1I II , © o,0 zz., !-!/) ___ 9 1,=.1,,i2, V ; 0 ,N 2-9 OHEI 0HOOM 0 i1:1ii v T S $ a vav " d II O o v oZf ,, Tzu� '' 39uuw- 00 ppm.-(.1 9 4 c oi'll 'pg ng1-1- > r_.i c_ $ Q p SJ q I Z vl 4 3 ri z n a v s o .. - Mr- -( a ^ a_ s - // a , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Excelsior-Henderson Options DATE: August 16, 1996 The City of Shakopee will consider offering either of the following alternatives for discussion as incentives for the Excelsior Henderson project: Option 1 -Private construction of building; City not involved in land or building construction. Years one through three -Excelsior Henderson receives 100% of TIF Year four-Excelsior Henderson receives 75% of TIF Year five-Excelsior Henderson receives 25% of TIF Years six- seven- City receives TIF TIF District is disbanded at the end of seven years. Option 2 - City sells bonds to acquire land and construct building. 1. Excelsior Henderson will provide a$1 million lease deposit to the City prior to issuance of bonds. 2. Excelsior Henderson will pay an annual 3% risk premium until such time as the loan to value ratio equals 75%. The loan to value ratio shall be determined according to the following formula: (Remaining Principal Balance on Loan)less (Lease Deposit)less (Reserve Fund) Original Appraised Value of Property 3. The reserve fund will include the risk premium and any rents above the amount needed for debt service. 4. When the loan to value ratio equals 75%, the risk premium will be reduced to 2% and 100% of the annual TIF will begin to be rebated to Excelsior Henderson on a pay-as-you- go basis for a period of 3 years. 5. If the purchase of the building is made prior to the expiration of the TIF authorization, Excelsior Henderson will continue to receive any authorized TIF proceeds described in#4 above. 6. At the time of purchase, the lease deposit will be returned to the City. The reserve fund will be retained by the City. 7. Monthly lease payments shall start at time of occupancy. 8. Excelsior Henderson will provide a corporate guarantee, but no personal guarantees from stockholders. 9. The company shall provide evidence of a successful equity placement by 9/15/96. 10. At the time of purchase of the building by Excelsior Henderson, there shall be no extraordinary penalties other than those required under any"early call" provisions of the bonds. The company shall receive credit for previous principal payments made; the purchase price shall be determined by the value of the remaining debts, plus a $100,000 administrative fee payable to the City. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE I A Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Appointment- Acting Community Development Director DATE: August 15, 1996 INTRODUCTION: The Council is asked to appoint Michael Leek as Acting Community Development Director. BACKGROUND: The resignation of Paul Bilotta has left the Community Development Department without a Director. As such, a interim should be appointed. Michael Leek, Planner II has been with the City for approximately 3 months. He is the logical one to serve as the Community Development Director. COMPENSATION CONSIDERATIONS: The recent past practice has been to increase the pay of the individual who is the interim to the bottom step of the acting position, if that is an increase. This takes effect after the individual has served in the promoted capacity for 30 days. Michael Leek is currently paid $39,500. The Council will recall that the Community Development Director pay to be advertised has been upgraded from that at 96 points, to one of 113 points. Step 1 of the new range is $49,945; the old range was $42,431. I suggest that step 4 of the old range ($47,735)be authorized. From a financial standpoint, it is intended that the Community Development Director position will be filled fairly soon; therefore, the impact to the City should be minimal; however, Michael Leek does need to be recognized for the additional responsibility. Note that this was also the same pay that Mr. Bilotta was receiving annually. RECOMMENDATION: I recommend that Michael Leek be appointed as Acting Community Development Director, effective August 21st at an annual rate of pay of$47,735, during the time that he is serving in the interim capacity. ACTION REQUIRED: If Council concurs, it should, by motion, designate Michael Leek as Acting Community Development Director, at the pay range recommended. 1 . VI„/4.114, Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Consulting Agreement -Planning/Management Services Consulting Agreement DATE: August 15, 1996 INTRODUCTION: The Council is asked to consider a proposal with Parsons Brinkerhoff Quade&Douglas, Inc., for the employment of V. Paul Bilotta for the provision of consulting services. BACKGROUND: The recent resignation of Paul Bilotta has left the Community Development Department significantly understaffed. At its August 6th meeting, Council directed that an agreement be negotiated with Mr. Bilotta's employer to provide consulting, planning and management services. This would be until such time as staffing levels are restored to handle normal levels of business. The attached agreement from PBQ&D details the provisions. It does note that he would be available for up to an average of 20 hours per week; however, at a rate of$71.01 per hour, staff will be judicious in his use. The actual usage should be far below that. BUDGET IMPACT: As shown, his billable rate will be $71.01 per hour, plus out of pocket costs for such things as mileage. No money is specifically provided for in the departmental budget for this, but the funding available due to vacancies, including the Community Development Director, will be available for reallocation for the professional services line item. RECOMMENDATION: We recommend that the consulting agreement as proposed by PBQ&D be approved. ACTION REQUIRED: If Council concurs, it should, by motion, authorize the appropriate parties to execute the consulting agreement with Parson Brinckerhoff Quade&Douglas, Inc. for the provision of consulting/management services for the City. flits twak, Mark McNeill City Administrator MM:tw Parsons 10 Second Street NE _— — Brinckerhoff Suite 209 Minneapolis,MN 55413-2236 _ = 612-378-0019 Fax:612-378-9423 CONSULTING AGREEMENT Client: City of Shakopee, Minnesota (Owner) Address: City Hall 129 Holmes Street South Shakopee, Minnesota 55379 RE: On-Call Consulting Services In accordance with our cost proposal attached as Exhibit A, Parsons Brinckerhoff Quade & Douglas, Inc. (PB) agrees to assign V. Paul Bilotta, Senior Planner, to provide the following Services: • Professional planning • Assistance in the management and administration of selected projects Paul Biotta will report to Mark McNeill, City Administrator. PERIOD OF PERFORMANCE Services will be provided on an as-needed basis as determined by the Owner commencing upon PB's receipt of notice to proceed and extending for a six (6)-month period which may be extended by mutual agreement of Owner and PB. It is estimated that Paul Bilotta will be available for this assignment an average of twenty (20) hours per week over the effective duration of this Agreement. COMPENSATION Services will be provided on an hourly basis as stipulated in Attachment A to include all direct and indirect labor and overhead costs plus margin. Direct out-of-pocket expenses will be invoiced at actual cost. On those occasions when it becomes either necessary or expeditious to do so , Paul Bilotta will work out of the City offices; in which case, accommodations and support services will be provided by the Owner at no cost to PB. INVOICES Invoices will be issued monthly and will be substantiated by standard PB time sheets and expense reports. TERMINATION This Agreement may be terminated by either party hereto upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. This Agreement may also be terminated by the Owner for its convenience or because the project has been permanently abandoned, but only upon fourteen (14) days written notice to PB. Oyer a de \ rMadmin p6222a nntury of Engineering Excellence YEA In the event of termination, PB shall be compensated for all services performed and costs incurred upon to the effective date of termination for which PB has not been previously compensated, plus termination expenses reasonably incurred. Upon receipt of notice of termination from the Owner, PB shall discontinue the services unless otherwise directed and upon final payment from the Owner deliver to the Owner the required number of copies of all data, drawings, reports, estimates, summaries, and such other information and materials as may have been accumulated by PB in the performance of this Agreement, whether completed or in process. LIABILITY PB's liability shall not exceed the fee that it receives hereunder, and it shall in no event be liable in contract, tort, or otherwise, for any indirect or consequential damages, including but not limited to loss of profits, loss of use, loss of revenue, loss of capital, loss of goodwill, or any other incidental or consequential damages arising out of its performance of the Services. Please acknowledge your acceptance of the terms of this Agreement by signing both copies and returning one to the undersigned. PB's receipt of a signed copy constitutes its Notice to Proceed. Very truly yours, Parsons Brinckerhoff Quade & Douglas, Inc. By. Jos h . Claussen, Vice President, District Manager Acknowledged and Accepted: City of Shakopee By: (Name, Title) (Date) over a c:\work\ury admofi6222a 2 Centn\cp Engineering Excellence =t oQ YEARS ATTACHMENT A COST PROPOSAL FOR ON-CALL CONSULTING SERVICES • CITY OF SHAKOPEE HOURLY RATE COMPUTATION Direct Labor: Senior Planner $26.00 Clerical $13.50 Overhead: (Direct labor x 148.3%) Margin: (Direct Labor and Overhead x 10%) Senior Planner Hourly Rate $71.01 Clerical Hourly Rate $36.87 DIRECT(OUT-OF-POCKET) COSTS Mileage $0.31/mile $0.10/ea Copies Meals and Miscellaneous Expenses as authorized by the Owner Actual Cost Oran:\aorCeadnry 2oa 3 Engfneerfng Excellence CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: McKenna Road Construction within the City of Shakopee Corporate Limits DATE: August 20, 1996 INTRODUCTION: Attached is Resolution No. 4498, which approves plans and specifications and authorizes staff to advertise for bids for the McKenna Road Project No. 1996-7. BACKGROUND: On July 16, 1996, City Council of Shakopee adopted Resolution No. 4462 which ordered the preparation of plans and specifications for McKenna Road, from County State Aid Highway 16 to the South Corporate Limits of the City of Shakopee. Plans and specifications will be completed by Tuesday, August 20, 1996. In order to meet the Shakopee Mdewakanton Sioux Community's schedule and get the project completed this year, staff is requesting approval of the plans and specifications and authorizes staff to advertise for bids. The bid letting date is scheduled for September 16, 1996. The Council can award the contract on September 17, 1996 if all the right-of-way has been obtained by the City at that time, and if the Community agrees with the receipt of the low bid and provides the funds in the escrow and disbursements in the amounts, as per the agreement between the City and the Community. Staff has met with the two other property owners, other than the Community, and these property owners have indicated a willingness to grant the right-of-way and easements for the project construction. McKenna Road improvement project is to reconstruct the gravel surfaced road to a paved surface roadway,meeting the City's local rural road section design. McKenna Road is on the City's Municipal State Aid System and connects with McKenna Road in the City of Prior Lake. This roadway design in the plans is proposed to be a 7-ton local street design. The grading and the road widths and the slopes on the ditch are per the City's local rural street design, which also meet State Aid requirements. An overlay of the bituminous pavement can be done in the future to upgrade this roadway to meet Municipal State Aid Standards. Staff is recommending against constructing McKenna Road to a 9-ton standard at this time, due to low traffic volume, thus the extra cost to the City is not cost effective. State Aid funds can be used in the future to place a bituminous overlay to meet State Aid Standards when necessary. Another component of the design is to provide enough right-of-way to accommodate Shakopee Public Utility Commission's (SPUC) new electrical power line in a locations which will not require any relocation in the foreseeable future. SPUC is ready to enter into a contract for the new installation, as soon as the City acquires the necessary easements. In order to meet future State Aid design criteria, the power poles must be placed 40 feet from the centerline of the roadway. This requirement will meet the clear zone from obstructions. Staff believes that the right-of-way can be obtained during the bidding period for a bid opening on September 16, 1996. If the right-of-way is not obtained, an extension of the bid opening period will be necessary. Council can then consider awarding the bid, contingent upon approval of the Community, and the funds for the project placed into escrow by the Community. ALTERNATIVES: 1. Adopt Resolution No. 4498. 2. Deny Resolution No. 4498. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve the plans and specifications in order to proceed with this project in order to construct improvements during this construction season, including a new power line by SPUC. ACTION REQUESTED: Offer Resolution No. 4498, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for McKenna Road, from County State Aid Highway 16 to the South Corporate Limits of the City of Shakopee, Project No. 1996-7 and move its adoption. Ataz • Bruce Loney / Public Works Director BL/pmp MEM4498 RESOLUTION NO. 4498 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For McKenna Road, From County State Aid Highway 16 To The South Corporate Limits Of The City Of Shakopee Project No. 1996-7 WHEREAS, pursuant to Resolution No. 4462 adopted by City Council on July 16, 1996, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of McKenna Road, from County State Aid Highway 16 to the South Corporate Limits of the City of Shakopee, by reconstructing this road from an unpaved surface to a bituminous paved surface and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk I ` CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Authorize Plans and Specifications for Lateral Sanitary Sewer Extension-Through French Trace and the Property East of French Trace, Project No. 1996-9 DATE: August 20, 1996 INTRODUCTION: The preliminary plat of Prairie Village has been approved by the City Council. To serve this plat with sanitary sewer, the City's trunk sanitary sewer will need to be extended from an existing manhole located near the bypass right-of-way. The Council adopted Resolution No. 4456 receiving the feasibility report and ordering the improvement of the trunk sanitary sewer. In addition to the trunk sanitary sewer, a lateral sanitary sewer is also necessary to serve the Prairie Village Plat. BACKGROUND: When the Prairie Village Preliminary Plat was approved, it was known that sanitary sewer would need to be extended to get service to the plat. The City's Trunk Sanitary Sewer Fund would be used to construct the portion that would be classified as trunk. To construct the lateral sanitary sewer, the cost would be assessed to the benefited properties. Staff has been working with the owners of those properties which will benefit from the proposed lateral sanitary sewer. French Trace is a subdivision proposed by Gary Laurent, for the 20 acres north of Prairie Village. Mr. Laurent is purchasing the property from Sharron Bernhagen. Gary and Greg Kerkow are the property owners of the property east of the proposed French Trace. Their engineer is working with staff to develop the alignment through the Kerkow's property for the lateral sanitary sewer. A drawing (Exhibit 1) is attached which shows the trunk sanitary sewer, the lateral sanitary sewer, and the properties benefiting from the lateral sanitary sewer. Also attached are copies of a petition signed by the property owners, for the public improvements. These owners have agreed to waive the public hearing and assessment hearing for the improvements. ALTERNATIVES: 1. Adopt Resolution No. 4499, authorizing staff to develop plans and specifications for the installation of the lateral sanitary sewer through the proposed French Trace development and through the Kerkows' property, and waive the public hearing and assessment hearing. 2. Deny Resolution No. 4499. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, authorizing staff to develop plans and specifications for the installation of the lateral sanitary sewer through the proposed French Trace development and through the Kerkows' property, and waive the public hearing and assessment hearing. ACTION REQUESTED: Offer Resolution No. 4499, A Resolution Declaring the Adequacy of a Petition, Ordering the Improvements, and Preparation of Plans and Specifications for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County,Project No. 1996-9 and move its adoption. oel Ru erford Assistant City Engineer J Q CL Cr CL W W 3 / �_ f- 1- W Y W H \ 't- Q z z >- o w LJ EL ~ Pg Q ' I- >- Li X V) o Q ISI O Z v) I � O Q W F- CLv) � � z W Q '� \-\\ \\\ \\\\\\\\\\\ N N c-)1 \ \ I-- W' W N ti-4 N L \ l u \ >-- C) --., .... •••• N • \ O N . •• Q H E \ Li I \ Q J •••• Z z \ W N \ ••••• 0 CE V) _ I- N N • Y c O \ N Q U Z w J \\\\\\\\\� \-\ \\,�\\, • O • ,� I- W — i 4 , PQ U ,,, OQ 4 A ,, W Thr _ • : I .� -- U _ - ., L _i_ - _ � . . . - W IS NIZVelVS W Q > `i) F-H Q U z I Q I- 0- N W F- V) 'CH -1-1V1-10SeIdW CITY OF SHA.KOPEE PETITION FOR PUBLIC IMPROVEMENTS The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: Install approximately 1,100 feet of sanitary sewer through the NE 1/4 of the NW 1/4 of Section 17, Township 115,Range 22, and approximately 350 feet of sanitary sewer through the NW 1/4 of the NW 1/4 of Section 17,Township 115,Range 22, Scott County. The undersigned hereby waives the right to a public hearing prior to Council ordering the improvements and also waives the right to a public hearing prior to the levying of the assessments related to said improvements. The undersigned further voluntarily waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as a result of the installation of the above improvements. I/we understand that by signing below I/we waive the right to appeal and later challenge the amount of the special assessment. Dated 13 day 74 tic) u-r'7' , 1996. STATE OF MINNESOTA) (INDIVIDUAL ACKNOWLEDGMENT) COUNTY OF SCOTT ) g,-,3,-0.4 1 On this 13 day of 1,-,3w.4 , 1996 before me,a Notary Public within and for said County,personally appeared` 6r- e- kefuko„) being sworn,did say that said instrument was executed as their free act and deed. Notan TONI WARHOL NOTARY PUBLIC-MINNESOTA t v MY C(7MMISSION EXPIRES 1-31-2000; CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: Install approximately 1,100 feet of sanitary sewer through the NE 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, and approximately 350 feet of sanitary sewer through the NW 1/4 of the NW 1/4 of Section 17,Township 115,Range 22, Scott County. The undersigned hereby waives the right to a public hearing prior to Council ordering the improvements and also waives the right to a public hearing prior to the levying of the assessments related to said improvements. The undersigned further voluntarily waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as a result of the installation of the above improvements. I/we understand that by signing below Uwe waive the right to appeal and later challenge the amount of the special assessment. Dated 13 day A , 1996. gp ete4A4, 14464/1 V 1 STATE OF MINNESOTA) (INDIVIDUAL ACKNOWLEDGMENT) COUNTY OF SCOTT ) On this 134- . day of knk �� , 1996 before me,a Notary Public within and for said County,personally appeared Com - do I re-- being Lbeing sworn,did say that said instrument was executed as their free act and deed. No TONI WARHOL v'`-E a N@fARY PU8UC-MINNESOTA `�� M�@OMM!1SION EXPIRES 1-31-2000 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: Install approximately 1,100 feet of sanitary sewer through the NE 1/4 of the NW 1/4 of Section 17, Township 115,Range 22, and approximately 350 feet of sanitary sewer through the NW 1/4 of the NW 1/4 of Section 17,Township 115,Range 22, Scott County. The undersigned hereby waives the right to a public hearing prior to Council ordering the improvements and also waives the right to a public hearing prior to the levying of the assessments related to said improvements. The undersigned further voluntarily waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as a result of the installation of the above improvements. I/we understand that by signing below Uwe waive the right to appeal and later challenge the amount of the special assessment. Dated 1-6-t- -6 day Pnu-�—�- , 1996. AaAJ 4'z't—''J' ''r") STATE OF MINNESOTA) (INDIVIDUAL ACKNOWLEDGMENT) COUNTY OF SCOTT ) 1 On this ‘..204N- day of k.�I-4- 4S -- , 1996 before me,a Notary Public within and for said County,personally appeared \f\evr'e-c) i,J-e,12-\--) 3p I being sworn,did say that said instrument was executed as their free act and deed. Notary( --) --) -----D TONT WARHOL � NOTARY PUBLIC—MWNESOTA �kl X _ MY COMMISSION EXPIRES 1-31-2000 s, RESOLUTION 4499 A Resolution Declaring The Adequacy Of A Petition, Ordering The Improvements, And Preparation Of Plans And Specifications For The Installation Of Sanitary Sewer Laterals In The NE 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22; And The NW 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22, Scott County Project No. 1996-9 WHEREAS, a certain petition requesting improvements to the NE 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County, consisting of installation of sanitary sewer laterals, has been filed with the City Council on August 20, 1996; and WHEREAS, the petitioners waive their right to a public hearing prior to ordering the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The petition is hereby declared to be signed by the required percentage of property owners affected by the project and this declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The improvements are hereby ordered as hereinafter described: Installation of approximately 1,100 feet of sanitary sewer through the NE 1/4 of the NW 1/4 of Section 17, Township 115,Range 22; and approximately 350 feet of sanitary sewer through the NW 1/4 of the NW 1/4 of Section 17, Township 115,Range 22, Scott County. 3. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement and shall prepare the plans and specifications for the making of such irnprovenienLs. 4. The work of this project is hereby designated as part of the 1996-9 Public Improvement Program. Adopted 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 1 \-\ CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Purchase Tractor and Mowers DATE: August 20, 1996 INTRODUCTION: The Public Works Department is requesting City Council authorization to purchase a new 4-wheel drive tractor with side and rear mowers as identified in the 1996 Capital Equipment Budget- Storm Drainage Division. BACKGROUND: The Storm Drainage Division of the Public Works Department has included $56,000.00 in the Capital Equipment Budget for purchasing a 4-wheel drive tractor with side and rear mount mowers. Currently the Public Works Department - Storm Drainage Division has a medium size 2-wheel drive tractor with a rear mount 7-foot rotary mower and a 6 foot side mount sickle mower. This Model No. 3910 Ford tractor was purchased new in 1989 for$15,894.00 and has been an excellent tractor. When the tractor was purchased in 1989, it was intended to be used for mowing road ditches, fields, lots, etc. It has also been used for mowing the slopes on the storm drainage ditches such as the Upper Valley Drainageway (U.V.D.) when this facility was constructed. Staff is proposing this purchase for the following reasons: • Safety in mowing steep slope areas. • Meet the need of cutting grass on the U.V.D. and Mn/DOT linear ponds which will become City property next year. • A larger tractor can be used for snow plowing purposes as well. The main reason to replace the existing Ford tractor is safety for the operator in mowing on steep slopes. The Ford tractor is a medium size 2-wheel drive tractor which has a tendency for the front end to slide down the slopes. The operator must be alert and compensate by braking and steering uphill. Staff did visit the Scott County Highway Department to see their John Deere Model No. 6400, 4- wheel drive tractor. After this visit, Scott County did demonstrate their machine on the U.V.D. slopes. All around performance was excellent except for the agriculture tires which had a tendency to tear up the turf. Staff is recommending purchasing of turf tires for summer use and agriculture tires for winter use. The existing tractor is in good shape and has a fair salvage value. The 7-foot rotary mower purchased in 1988 for$2,269.00 is badly worn and has little salvage value. The side sickle mower purchased in 1991 for $1,495.00 is also badly worn and needs frequent maintenance and also has very little salvage value. The dealer with the state low bid is proposing a trade in allowance for the Ford tractor and mowers of$7,500.00. Staff feels this is a fair offer. In 1989, the U.V.D. did not exist when the 3910 Ford tractor was purchased. The City and Mn\DOT have worked together to construct the U.V.D.from west of Tahpah Park to the Mill Pond. Much of the U.V.D. is located in the rear yards of residential property and requires mowing to meet the City's grass cutting ordinance. Attached to this memo is a map showing the areas that the City maintains. Next year the City will receive the Mn\DOT linear ponds for future maintenance, as per the State agreements associated with the Shakopee Bypass project. A larger tractor is being proposed to meet the increasing areas of grass cutting maintenance. The proposed new John Deere tractor will have side and rear flail mowers which can withstand rock or debris damage better than the rotary mowers and sickle mowers. Also,the new tractor and mowers will be able to mow much faster than the existing tractor. With a larger tractor, attachments can be added so that the tractor can be used as a snow plowing piece of equipment. Staff is requesting to purchase following additional equipment to utilize this tractor in winter months plowing snow: • Front hitch system for the 6400 and plumbing for hydraulics. • A low profile 12 foot hydro turn snow plow and hitch system. • One hitch system to match that of the tractor to be installed on the City's v-plow. • Turf tires and rims to be purchased from G.C.R. Tire Co. of Belle Plaine, as the bid specifications from the State call for agriculture type tires,thus these tires would be for winter use and the turf tires for summer use. With the additional attachments,this tractor can be used for plowing parking lots, alleys, rinks and assist in the plowing of streets. For the first time staff is utilizing the resources supplied by the Purchasing Department of the State of Minnesota. Testing operations were done on tractors and mowers by the State. The end result is that the State has purchased approximately (20) John Deere 6400 4-wheel drive tractors and tiger flail type mowers. This is the same machine at the Scott County Highway Department. The City can purchase through the State on the 1994 contract at 1994 prices, from Doyle, Inc. of Burnsville and Scharber& Sons of Rogers,MN. A cost breakdown of the tractor, mowers and attachments is shown on Attachment No. 1. At this time, the dealer is offering a $7,500.00 trade in for the existing Ford tractor and mowers. Staff is recommending trading in the existing Ford tractor since the proposed John Deere is a larger tractor capable of increased mowing production. ALTERNATIVES: 1. Accept Doyle Equipment/Scharber & Sons 1994 bid for tractor and mowers through the State Purchasing Department Contract No. 79094-002799, including trade-in of one Ford 3910 with front side mount sickle mower and one rear mount rotary mower,plow equipment and rims and tires from G.C.R. Tire Co. of Belle Plaine for the total of$56,140.58. 2. Request staff to rebid. 3. Deny request. RECOMMENDATION: Staff is recommending purchasing the John Deere 6400 tractor and equipment after considering the testing done by the State, the large number of these machines they are purchasing, the demonstration done by Scott County Highway Department, talking to other Cities and private owners about their machines and the ability to use this machine in winter and summer. Also staff believes this purchase is necessary for operator safety, to meet the increase mowing need of steep slopes of drainageways and ponds, and that this tractor can be used for summer and winter time uses. ACTION REQUESTED: Authorize the purchase of the John Deere 6400 tractor and equipment for a total of $56,140.58 (including trade in and tax) to be expended from the Capital Equipment Fund - Storm Drainage Division. 41,162 / Bruce Loney Public Works Director BL/pmp TRACTOR ATTACHMENT NO. 1 Itemized Costs of Tractor, Mower and Attachments John Deere 6400 Tractor per State Bid, Less Loader $41,200.00 Screen- A - Matic $ 1,335.00 Front Fenders $ 379.00 Tiger TSF-75 Side Flail Mower $11,500.00 Tiger TRF-102 Rear Flail Mower $ 5,800.00 Leo 12' Front Mounted Plow Installed $ 3,700.00 Bracket for Wausau V-Plow to Fit Leo Frame $ 350.00 The tractor has a 24 month or 2,000 hour warranty, whichever comes first as standard. Tiger mowers have 1 year warranty as standard. Staff is recommending not to have extended warranties on the tractor and mowers. • Elimination of 3 additional year warranty on tractor($2,400.00) deduct. • Elimination of 4 additional year warranty on Tiger side mower ($1,600.00) deduct. • Elimination of 4 additional year warranty of Tiger rear mower ($1,600.00) deduct. Total Price of Tractor, Mower&Attachments $58,664.00 Trade-in Allowance on 3910 Ford Tractor and Mower ($ 7,500.00) Total Price Minus Trade-in $51,164.00 Plus Sales Tax $ 3,325.66 TOTAL PURCHASE PRICE $54,489.66 Total Purchase Price of Tractor, Mowers &Attachments $54,489.66 Plus Turf Tires, Rims and Sales Tax $ 1,650.92 TOTAL PURCHASE PRICE OF TRACTOR, MOWERS,ATTACHMENTS & TIRES $56,140.58 1996 CIP BUDGET AMOUNT $56,000.00 A�N N i (b...., :},r4. ,..y. '‘ , , 1,.....Ili.. AQ P D 1 �o V 2v... .pnv.:204,\;H1/ e:x ffJ top�'moit �1'nm ii rl _ ®mmm .iEi� IAC .._ —— mil —� 1®�®� �'��� \i, t , , i.-- ,, , . ..1,-. - 'Al i\\ ilePr Jr r ' Plir 41 ..4 I 0 • -, ,_� . ivir r�III IIU II— �— '�14�Filk11 .:. .,.,?!„,. . ...., \ t .: �. t it �, tr.4+' e r. n� — i, ,:.:::*./..*N. V El 2 \ . / \ •'.i......:. 1 f. 4K i• A, i / 1\, - i II I / I 4 . i 14 111111 G0D ril / \ 1 A ifilfr." goo € C � 9�(f, 5 1-- K & 4 ' G CSO / _ iii n c 2 C �f N I i A g . ,� p od 02 '7 00 9 L 'cs rc p2 Ili CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Planner II SUBJECT: Approval of Resolution No. CC-757 Overturning the Decision of the Board of Adjustments and Appeals in the Matter of Shakopee Services, Inc. Request for Variance. DATE: August 16, 1996 Introduction: The City Council voted to overturn the decision of the Board at its last meeting. The attached resolution reduces the Council's action to written record. Action Requested: The City Council is asked to offer and pass a motion approving Appeal Resolution No. CC- 757, reversing the decision of the Board of Adjustments and Appeals regarding a variance for Shakopee Services, Inc. R. Michael Leek Planner II APPEAL RESOLUTION NO. CC-757 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, REVERSING THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS REGARDING A VARIANCE FOR SHAKOPEE SERVICES,INC. WHEREAS, Shakopee Services, Inc., Applicant and owner, has filed an application dated June 14, 1996, for a variance under the provisions of City Code Section 11.60 subd.4.C. (Construction Materials), to permit construction of a building with an all- metal facade facing a street; and WHEREAS,this parcel is presently zoned Light Industry(I-1); and WHEREAS,the property upon for the request is being made is legally described as: Lot 6,Block 40, Old Shakopee Plat, Scott County,Minnesota. 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 Department staff and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing, the Board of Adjustment and Appeals voted to deny the application based on the following findings under City Code Section 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 the conditions allowed by the official controls; The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 1.B. The plight of the landowner is due to circumstances unique to the property. 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 property. CC96757.DOC/RML 1 1.C. 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. The variance would not 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. 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 request is in keeping with the spirit and intent of the Zoning Chapter. WHEREAS, a written appeal was filed with the City Administrator within ten days of the action of the Board of Adjustment and Appeals regarding ; and WHEREAS, the City Council has reviewed the application, the record before the Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City Council hereby reverses the decision of the Board of Adjustment and Appeals to deny the requested variance. 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 CC96757.DOCBML 2 ll ' CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Request for Extension of the 12 Month Time Period for Approval of the Preliminary Plat for Dominion Hills DATE: August 20, 1996 INTRODUCTION The City has received a request from Gary and Dianna Bergquist to extend the 12 month period from the date of City Council approval of a Preliminary Plat. The applicant is requesting an extension of 12 months in which to complete the final plat of the remaining portion of this development. The City Code states that the Council may extend the time period of preliminary approval upon written application by the developer. Attached as Exhibit A is a letter from Gary and Dianna Bergquist. BACKGROUND On March 17, 1992, the City Council approved the Preliminary Plat for Dominion Hills. The Final Plat for the first addition was approved on May 19, 1992. City Code Section 12.03, Subd. 3.G states the following: 'Approval of the Preliminary Plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; and 2. That the applicant may submit on or before such expiration date the whole or any part of the approved plat for final approval; and 3. The Council may extend the time period of preliminaiy approval, upon written application by the developer and for good cause shown. Each such extension shall not exceed a 12 month period" In the past, the City has made the determination whether to extend on the basis of changes relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Preliminary Plat itself. On July 12, 1994, the City Council approved a one year time extension for Dominion Hills. This extension granted an approval extension to July 12, 1995. However, an extension from July 1995 to July 1996 was not requested by the developer. The applicant indicated, per attached Exhibit A, that the extension of the Preliminary Plat is being requested because of issues that have arisen and must be resolved prior to submitting a final plat for the project. ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Dominion Hills by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Dominion Hills by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 12 month time period for approval of the Preliminary Plat for Dominion Hills, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion extending the 12 month time period for approval of the Preliminary Plat for Dominion Hills by an additional 12 months, and move its approval. Julie Klima Planner I i:\commdev\cc\1996\cc0820\exdmlils.doc Gary a Diana GergBaist •a. 4080 Grainwood Cir.NE Prior Lake,MN 55372 • Phone 612-440-4673 EXHIBIT A -;j3. 1 2 1996 August 10, 1996 Mayor Henderson Members of the City Council City Hall 129 Holmes Street Shakopee,MN 55379 RE: Dominion Hills Preliminary Plat Dear Mayor and Members of the City Council: We are requesting approval for a 12 month extension to the preliminary plat of Dominion Hills. This request is due to issues which have arisen which require additional time to resolve. Thank you for your understanding in this matter. Yours truly, D ' di k•ftf, Gi0lDL. Bergquis Gary D. Bergquist I \K CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Authorization of Public Works Personnel DATE: August 20, 1996 jj4TRODUCTION: Staff is requesting City Council authorization to hire a maintenance worker in the Public Works Department. BACKGROUND: The 1996 City Budget includes six maintenance workers in the Street Division of the Public Works Department . On April 26, 1996, Wally Lureen retired from Public Works. The position has not been filled and was budgeted for the entire year. Staff is requesting that this position be filled with a full time employee and this hiring is appropriate for the following reasons: • The City of Shakopee is growing and has supported the position in past years. • Position was previously authorized. Attached to this memo is Appendix A, showing the salary and benefit schedule for a maintenance worker in the Public Works Union. The 1996 starting salary would be $12.654 per hour or $26,320.32. Staff is proposing tolutilize Scott County Personnel in hiring for this position. ALTERNATIVES: 1. Authorize staff to advertise and hire a full time maintenance worker. 2. Do not authorize staff to advertise for a full time maintenance worker. 3. Authorize staff to advertise and hire a seasonal maintenance worker. 4. Table for more information. RECOMMENDATION Staff recommends Alternative No. 1, as the position was budgeted for in 1996 and in previous years. ACTION REQUESTED: Move to authorize the appropriate City staff to utilize Scott County Personnel in hiring a maintenance worker for the Public Works Department. Atitedo-77 Bruce Loney Public Works Director BL/pmp PERSON TPUBLIC WORKS UNION City Clerk APPENDIX A Salar and Benefit Schedule for Local No. 320 for _ - -4 • #1 #2 #3 #4 After After after Performance Start 5 vrs Bonus .. �_3 vrs , Maintenance Worker $11.927 $12.648 $13 .410 $14.224 $ .50/hr _% Mechanic $12.041 $12.751 $13 . 524 $14 .337 $ .60/hr $ .60/hr Acting Foreperson Assignment `e'fit= chedule for- Local No'- 320-for- 1 95`..e, ....� ___ #1 #2 #3 T4 After After After Performance Start 1 r yrs yrs Bonus J. 4 IIMEMMEEMIW, $12.285 $13.027 $13.812 $14.650 $ .50/hr $12.402 $13.134 $13.930 $14.767 $ .60/hr �� $ .60/hr _ _ `_siiiiint Sala and Benefit Schedule for Local No. 320 for 1996 u #3 n4 *1 "2 Start After After After Performance fir_ 3 ,Y_g 5 yrs Bonus Maintenance Worker $12.654 $13.418 $14.226 $15.089 $ .50/hr Mechanic $12.774 $13.528 $14.:40 $15.210 $ .60/hr $ .60/hr Acting Foreperson Assignment . t I 11 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I HousingAction Plan SUBJECT: Livable Communities DATE: August 20, 1996 Introduction On November 2, 1995, the Shakopee City Council adopted a resolution to participate in the Metropolitan Livable Communities Act. As a participant in this program, Shakopee is required to adopt housing goals and to provide an action plan for the achievement of those goals. Discussion As a participant of this program, Shakopee has adopted the following housing goals: • At least 64 percent of ownership and 32 percent of the rental housing as affordable. • At least 35 percent of the housing as units other than single-family detached. • An owner/renter housing mix of 70 percent owner occupied and 30 percent occupied by renters. • Have single-family detached houses with a density of 1.9 units per acre and multifamily housing with an average density of at least 10 units per acre. Staff has prepared a Housing Action Plan for the City of Shakopee that incorporates these housing goals. The Housing Action Plan has been provided for your review and is attached as Exhibit A. Alternatives 1. Offer a motion to approve the Housing Action Plan. 2. Revise information within the Housing Action Plan and offer a motion to approve the Housing Action Plan with the specified revisions. 3. Offer a motion not to approve the Housing Action Plan. 4. Table a decision and request additional information from staff. Staff Recommendation Staff recommends that the City Council offer a motion to approve the Housing Action Plan. Action Requested Offer Resolution No. 4491, A Resolution to Approve the 1996 Livable Communities Housing Action Plan, and move its approval. 4,k( #titt Julie Klima Planner I is\commdev\cc\1996\cc0820\hsgpin.doc RESOLUTION NO. 4491 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE 1996 LIVABLE COMMUNITIES HOUSING ACTION PLAN WHEREAS, the City of Shakopee has adopted a resolution committing it to participation in the 1996 Livable Communities Program; and WHEREAS, as a participant in the 1996 Livable Communities Program, the City of Shakopee has negotiated with the Metropolitan Council and agreed to certain goals pertaining to affordable and lifestyle housing in the City of Shakopee; and WHEREAS, as in order to implement the Housing Goals, the City of Shakopee has prepared a Housing Action Plan. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the 1996 Livable Communities Housing Action Plan is hereby approved. 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 LIVABLE COMMUNITIES ACT 1996 SHAKOPEE HOUSING ACTION PLAN TABLE OF CONTENTS Introduction 1 Housing Goals, Policies and Activities 2 Housing Affordability 3 Housing Diversity 6 Neighborhood Quality 7 Housing Density 8 LIVABLE COMMUNITIES ACT 1996 SHAKOPEE HOUSING ACTION PLAN Introduction On November 2, 1995, the City of Shakopee adopted a resolution to participate in the Metropolitan Livable Communities Act. This act requires the participating communities to adopt housing goals and to provide an action plan for the achievement of those goals. The purpose of this action plan is to identify the major issues with regard to housing in the City of Shakopee. This includes the housing goals and policies, implementation time frame, and the tools that will be utilized to bring the goals and policies into action. The Livable Communities Act aims to promote the development and preservation of affordable and life-cycle housing throughout the metropolitan area. The Metropolitan Council defines affordable housing as housing that costs no more than 30% of a family's income. In 1996, an owner-occupied housing unit could cost up to $115,000 for the Metropolitan Council to consider it affordable. For rental properties to be affordable in 1996, they could have a maximum rent of$638 per month. Timeframe This action plan covers housing activities in Shakopee for the coming year through the year 2000. These include housing policies and actions by the city, other government agencies and, to a smaller degree, private and market forces. The city expects to review and update specific housing issues on an as-needed basis and the whole action plan at least once every five years. Page 1 Housing Goals, Policies and Activities GENERAL HOUSING GOALS Shakopee supports the following general housing goals: • Having a balanced housing supply, with housing available for people at all income levels. • The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing in the city. • A variety of housing types for ownership and rental for people in all stages of the lifecycle. • A community of well-maintained housing and neighborhoods, including ownership and rental housing. • Housing development that respects the natural environment of the city while striving to meet the need for a variety of housing types and costs. • The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. • Adding to and preserving the affordable housing in the city. • Shakopee will make its best effort, given market conditions and resource availability, to maintain a city-housing index within the benchmark ranges for affordability, life-cycle and density. Specifically, the city will strive to meet the following housing benchmarks: 1. At least 64 percent of ownership and 32 percent of the rental housing as affordable. 2. At least 35 percent of the housing as units other than single-family detached. 3. An owner/renter housing mix of 70 percent owner occupied and 30 percent occupied by renters. 4. Have single-family detached houses with a density of 1.9 units per acre and multifamily housing with an average density of at least 10 units per acre. Page 2 HOUSING AFFORDABILITY Housing costs continue to rise throughout the region because of a variety of reasons. These include increasing land and construction costs, utilities and taxes; declines in government aid programs; and, indirectly, land use regulations. These cost increases greatly affect low-and moderate-income households. Changes in mortgage interest rates also affect the affordability of housing. The Metropolitan Council set a goal that at least 64 percent of the ownership housing and at least 32 percent of the rental housing in Shakopee should be affordable. As of 1995, the city was exceeding both minimum benchmarks. The city will continue to try to meet or exceed these goals with the following policies and activities: The following narrative denotes those activities that will be undertaken by the Scott County Housing and Redevelopment Authority (SC-HRA), non-profits, private developers and the City of Shakopee in an effort to achieve the affordable housing goals. HOME OWNERSHIP Affordable Financing • It is anticipated that 40 units of housing will be purchased through first time homebuyer programs funded by mortgage revenue bonds from the SC-HRA's bonding allocation and refunded bonds. Tax forfeiture land resources will also assist first time homebuyers on new construction. • The SC-HRA will work with Scott County non-profit organizations such as Christmas in May to coordinate applications for affordable home ownership rehab programs. The rehab of approximately six homes per year will be funded with the volunteer efforts of approximately 300 people. This results in a dollar equivalent of approximately $36,000. Downpayment Assistance • The SC-HRA will work with those lenders who have participated in past first time homebuyer programs for downpayment assistance to 20 units of affordable housing. • The community action agency (CAP) will provide emergency rental assistance and the SC-HRA will provide mortgage foreclosure prevention assistance to 5-10 families annually. Homeowner Rehabilitation • The SC-HRA will apply for 10 home energy loans through MHFA. • MHFA low interest loans will be utilized to fund home owner rehabilitation of five units of affordable housing per year. Page 3 RENTAL HOUSING New Construction • The SC-HRA intends to build 20-30 moderate rent general occupancy family townhomes in a scattered site development. Essential Function Bonds, Tax Increment and SC-HRA Special Benefits Tax Levy will be the primary source of funding. • The SC-HRA intends to build a mixed use commercial/residential project in conjunction with the downtown Shakopee river front development. The project proposes 40-50 moderate/market rate senior rental units. • A health care group that includes Allina Health System, Health Dimensions and the St. Francis Medical Center will be building a 51 bed nursing home in Shakopee. • Arlington Ridge is proposing a 64 unit tax credit townhome project in Shakopee. This project proposes a total of 112 units. Subtotal = 195 units Tenant Based Subsidy • The SC-HRA will prepare and submit applications for Section 8 Rental Assistance Certificates. The Scott County Housing and Redevelopment Authority currently owns and administrates the following affordable housing programs in the City of Shakopee. • Sixty-four (64) Section 8 Rental Assistance Certificates serving 64 low/moderate income persons/families. • Four Rental Assistance Family Stabilization (RAFS) program vouchers. • Four (4) units of moderate rent housing. • Two (2) units of transitional housing. Subtotal = 74 units Privately Owned/Subsidized Housing • Levee Drive Apartments, 66 one bedroom senior units. • Village Apartments, 62 one bedroom senior units. • Clifton Townhomes, 56 general occupancy units. • Arlington Ridge, 48 general occupancy units, low income tax credit project. Subtotal = 232 units Page 4 Total units: 306 Projected household total by the year 2000: 501 Page 5 HOUSING DIVERSITY Most of the housing in Shakopee consists of single-family homes. The city will continue to work toward having a wider variety of housing types with the following general policy: • Promote a variety of housing types, costs and ownership options throughout Shakopee. These are to meet the life-cycle needs of all income levels, those with special needs and nontraditional households. The city also adopts the following housing diversity policies and activities: • Shakopee will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. • The city will make efforts to plan and provide for the housing and service needs of the elderly and disabled. • Shakopee will encourage development of housing and services that meet the needs of nontraditional households. • The city will regularly review and, as necessary, change its zoning and subdivision regulations, building codes, design standards and approval process. This is to assure that these regulations and standards are flexible enough to allow a variety of housing options and to help lessen the cost of residential development and redevelopment. Such issues and regulations that Shakopee will review include: 1. The amount of undeveloped or underused land that the city has planned or zoned for single, medium, and high density residential development. 2. Planned unit development (PUD), mixed-use and cluster development ordinances that include residential density bonuses. 3. The flexibility to use zero lot line development. 4. Minimum unit size or floor areas. 5. Garage and off-street parking requirements (especially for seniors). 6. The use of private streets in developments. 7. Minimum right-of-way, pavement widths and standards for streets. Page 6 NEIGHBORHOOD QUALITY It is important to assure that the efforts to provide life-cycle housing are accomplished so that it is as compatible as practical with the character of existing neighborhoods and so it respects the environment. It also is important to prevent housing in older neighborhoods from deteriorating. To address these concerns, the city adopts the following policies: • Plan and design new housing to: 1. Protect existing housing, natural features, and neighborhood identity and quality. 2. Assure there are adequate utilities and community facilities. • Maintain or strengthen the character of established neighborhoods and assure that all housing units are safe, sanitary, secure and free from blight. Shakopee also adopts the following neighborhood quality policies and activities: • The city will work to protect the integrity and long-term viability of residential neighborhoods and reduce potential negative effects of commercial or industrial land uses through zoning, site plan review and code enforcement. • Shakopee will require and enforce design and maintenance standards for multifamily residential development. Design standards will include provisions about building massing, architectural design, off-street parking ratios and location, access, traffic impacts, landscaping, fencing or screening, and trash handling. The city will allow affordable housing in any location suitable for residential uses. Shakopee will assure that development respects the natural environment to the maximum practical extent. The city will continue to use its shoreland, floodplain and environmental protection ordinances to assure protection of lakes, streams, ponds, wetlands, steep slopes and woodlots. The city, in association with the Scott County Housing and Redevelopment Authority, will participate in programs to help property owners with home maintenance and improvements through loans and, if available, grants. Page 7 HOUSING DENSITY The City of Shakopee has taken steps to ensure compliance with the negotiated benchmarks. Some of these steps include the following: • The Zoning Ordinance has been amended to delete required minimum lot sizes; • The Zoning Ordinance allows for multi-family development within single family zones by Planned Unit Development (PUD) Overlay Zones; • The density standards for urban single family zones allow a density of five dwelling units per acre; • The density standards for multiple family zones range from five to eighteen dwelling units per acre. Page 8 CITY OF SHAKOPEE i I R\ Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Extension of Time -Mark McQuillan Probationary Period DATE: August 14, 1996 COMMENT: INTRODUCTION: The Council has asked to extend the probationary job performance evaluation period of Park and Recreation Director Mark McQuillan. BACKGROUND: Mark McQuillan was appointed to his current position on March 12, 1996. As such, his normal six month probationary period will end on September 12, 1996. As his supervisor, and having been here less then a month at this time, I do not feel that I have had an adequate opportunity to assess his job performance. I therefore ask that the Council extend his probationary period for an additional six months to expire March 12, 1997. I have discussed this with Mr. McQuillan, who understands, and indicates that this would not be a problem for him. I want to emphasize that there is nothing of which I am aware of that would indicate less than satisfactory performance. RECOMMENDATION: I recommend that the Council extend the probationary period for an additional six months, to expire March 12, 1997. ACTION REQUIRED: If Council concurs, it should, by motion, extend the probationary period for Parks Director Mark McQuillan, to expire March 12, 1997. flknn IAkkAtiW Mark McNeill City Administrator MM:tw Ur . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: On Sale 3 .2 Beer License - Lee's Garden DATE: August 15, 1995 INTRODUCTION AND BACKGROUND: The City has received an application from Hoang Minh Ly for an on sale 3 .2 percent malt liquor license for his restaurant located at 1135 E. First Avenue. Mr. Ly took over the restaurant the first part of July. The previous owner, Kim Nystrom of Chin Yung Inc. , also held a beer license. The city does not conduct background investigations for beer licenses. The application is in order. RECOMMENDED ACTION: Move to approve the application and grant a 3 .2 percent malt liquor license to Hoang Minh Ly, 1135 E. First Avenue. lyla Ju ith S. oxit y Clerk CITY OF SHAKOPEE ) l O. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Request of City Administrator to be Excluded from PERA DATE: August 15, 1996 INTRODUCTION: The Council is asked to authorize the City Administrator to be excluded from PERA, and utilize the International City Management Association Retirement Corporation(ICMA RC) as his retirement investment vehicle. BACKGROUND: State Law recognizes the nomadic nature of City Administrators, and therefore has authorized in MSA 353.028 the ability for City Administrators to "opt-out" of the Public Employees Retirement Association, and redirect investments in to other retirement opportunities. The ICMA RC is a qualified 457 plan which allows for a portable retirement investment plan. The attached resolution serves as notification to the Council of my desire to be excluded from PERA, and that the ICMA RC be designated as my plan of choice. (I have been enrolled in the RC for 18 years.) The City of Shakopee has not been a participant in the ICMA RC in the past; enabling documentation is being forwarded. I therefore also request that the Council authorize the City to establish the ICMA RC as an alternative investment vehicle. Note that this is open to all city employees, not just City Administrators. BUDGET IMPACT: There is no impact on the budget; it merely redirects the pension contribution for the City Administrator to another agency. RECOMMENDATION: I ask that the attached resolution authorizng my opt-out be approved, and further that the appropriate parties be designated to authorize enrollment of the City of Shakopee in the ICMA RC. ACTION REQUIRED: If Council concurs, it should, by motion, authorize the following: 1. Enrollment of the City of Shakopee in the ICMA RC; 2. Adoption of the resolution authorizing Mark McNeill's opt-out of the PERA option system; 3. Upon enrollment, that the City of Shakopee redirect Mark McNeill's PERA equivalent since his start of employment on July 22, 1996, to the ICMA RC. ILSILGUit, Mark McNeill City Administrator MM:tw RESOLUTION NO. 4501 A RESOLUTION APPROVING ELECTION OF MARK MCNEILL TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION WHEREAS, Mark McNeill, has notified the City Council of his election to be excluded from membership in the Public Employees Retirement Association and has provided this Council with a copy of his written election to do so, all as authorized by Minnesota Statutes 353.028. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee as follows: 1. The Council makes the following findings: (a)Mark McNeill is the City Administrator of the City of Shakopee, Minnesota. (b) That position is provided for in the ordinances of the City of Shakopee. (c)He was duly appointed to serve in that position effective July 22, 1996. (d) The City Administrator is the chief administrative officer of the City of Shakopee. (e) Acting under Minnesota Statutes 353.028, he has elected to be excluded from membership in the Public Employees Retirement Association, effective upon his filing such election with the Executive Director of that association. (f) In making this election, he has agreed that he will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. He has further agreed that this election is irrevocable. 2. Said election is therefore approved. 3. A certified copy of this Resolution shall be provided to the Executive Director of said association. Adopted in regular session of the City Council of the City of Shakopee, Minnesota this 20th day of August, 1996. Mayor of the City of Shakopee ATTEST: City Clerk PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 514 St. Peter Street, Suite 200, St. Paul , MN 55102 Telephone (612) 296-7460 ELECTION FOR EXCLUSION SY A CITY MANAGER INSTRUCTIONS: If you are a City Manager who wishes to be excluded from PERA, you must complete, sign, and return this form to PERA within six months following the commencement of your employment. A resolution approving your exclusion from PERA must be adopted by the governing body of the city employing you and should accompany this form. Membership in PERA ceases on the date this form is received in the PERA office or on a later date specified. IMPORTANT FACTS ABOUT THE INFORMATION ON THIS FORM This application is necessary to allow exclusion from membership in PERA by a City Manager defined in Minnesota Statutes, Section 353.028, Subd. 1, as follows: ."city manager" means (1) a person duly appointed to and holding the position of city manager in a Plan 8 statutory city or in a home rule city operating under the "council-manager" form of government, or (2) a person appointed to and holding the position of chief administrative officer of a home rule charter city or a statutory city pursuant to a charter provision, ordinance, or resolution establishing such a position and prescribing its duties and • responsibilities.... The information on this application will be used for identification and documentation purposes. Furthermore, except for your address, the information requested on this form is classified as public data, which can be given to • anyone for any purpose. Your address, however, is classified as private and is available only to you, to the PERA staff who must use it during the normal course of processing this application; and to entities authorized by law. No private data of yours will be shared with any unauthorized person or agency without your informed written consent. ELECTION I, the undersigned, elect to be excluded from PERA membership based on my current status as a City Manager with the governmental subdivision indicated below. As required by law, I hereby state that I will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. I understand that this election is irrevocable. Name of Employing City Employment Date (Mo., Bay, Yr.) C I Me OF Sttrg re.,P TK lv 22 , 1994 Name (Please Print) - Last First Middle Initial Street Address (Residence) c I T 144 b(e wee4 CI rde City State Zip Code Shakopee IN S9-37i Sigriature Date„ /2-3 /1'4 z'N-09038-02 (7/1/88) CITY OF SHAKOPEE I Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Finance Director Review of Shakopee Cable Communications Access Corporation's Financial Records DATE: August 15, 1996 INTRODUCTION: The Council is asked to authorize Finance Director Gregg Voxland to review the financial records of the Access Corporation. BACKGROUND: Pro-Tem Corporation member Bob Sweeney has reviewed some of the finances of the Access Corporation. At its meeting of August 14th, he recommended that an outside party review the books for the benefit of the Corporation's Treasurer. He suggested that City Finance Director Gregg Voxland be authorized to do that. A motion was passed requesting that Council direct Mr. Voxland to perform that duty. It is understood that he would then comment on the finances; this is not to be perceived as an audit of the books. RECOMMENDATION: We recommend that the Council authorize the Finance Director to review the financial records of the Shakopee Cable Communications Access Corporation. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize Finance Director Gregg Voxland to review the financial records of the Shakopee Cable Communications Access Corporation. ttd-rikW-A-1(1-( Mark McNeill City Administrator MM:tw cc: Gregg Voxland /02 Q/ MEMO ON TABLE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: 10th Avenue Storm Sewer Laterals,Project No. 1996-5 DATE: August 20, 1996 INTRODUCTION: Attached is Resolution No. 4494, which accepts the bids and awards the contract for the 10th Avenue Storm Sewer Laterals on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue, Project No. 1996-5. BACKGROUND: On July 16, 1996, the City Council of Shakopee ordered the advertisement for bids on the 10th Avenue Storm Sewer Laterals, Project No. 1996-5, installing storm sewer and overlaying 10th Avenue, from Marschall Road to Shakopee Avenue. The funding for this project is a combination of Pavement Preservation Funds, Storm Sewer Funds and Shakopee Public Utilities Commission (SPUC) Funds. On August 19, 1996, sealed bids were received and publicly opened for the storm sewer and patching. Separate bids will be received later for the overlaying. A total of six bids were received and are summarized in the attached resolution. The low bid was submitted by Penn Contracting, Inc. of Blaine, MN in the amount of$140,748.60. The Engineer's' estimate for this portion of the project was approximately $150,000.00, which did not include any watermain construction estimate from SPUC. The watermain costs from the bid is $2,600.00. In addition to awarding the contract to the low bidder, Penn Contracting, City staff will need to authorize consultant engineering services to provide construction surveying and administration services as necessary for this project. If the Council awards this project, staff is also requesting that City Council authorize a contingency amount equal to 10% of the contract to cover minor change orders or quantity adjustments that may occur on the project. ALTERNATIVES: 1. Accept the low bid of $140,748.60 and adopt Resolution No. 4494, awarding the contract to Penn Contracting, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on this project for the City of Shakopee. 5. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1,4 and 5. ACTION REQUESTED: 1. Offer Resolution No. 4494, A Resolution Accepting Bids for Storm Sewer Laterals on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue, Project No. 1996-5 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on this project for the City of Shakopee. 3. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. dee Joel R erford Assistant City Engineer RESOLUTION NO. 4494 A Resolution Accepting Bids For Storm Sewer Laterals On 10th Avenue, From County State Aid Highway 17 To Shakopee Avenue; And Swift Street, From 10th Avenue To Shakopee Avenue Project No. 1996-5 WHEREAS, pursuant to an advertisement for bids for installation of storm sewer laterals on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee, Project No. 1996-5,bids were received, opened and tabulated according to law,and the following bids were received complying with the advertisement: Penn Contracting,Inc. $140,748.60 Ryan Contracting,Inc. $157,423.00 Barbarossa& Sons,Inc. $160,754.00 Kusske Construction,Inc. $161,893.00 G.L. Contracting,Inc. $180,386.00 Northdale Construction,Inc. $215,299.69 AND WHEREAS, it appears that Penn Contracting, Inc., 13025 Central Ave. N.E., Suite 200,Blaine,MN 55434 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Penn Contracting, Inc., in the name of the City of Shakopee for the installation of storm sewer laterals on 10th Avenue,from County State Aid Highway 17 to Shakopee Avenue;and Swift Street,from 10th Avenue to Shakopee Avenue,Project No. 1996-5 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. / . 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 r a\C-) CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: John H. DeLacey,Engineering Tech. III SUBJECT: 1994 Sidewalk Program, Project No. 1994-3 DATE: August 20, 1996 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 1994 Sidewalk Program,Project No. 1994-3. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4495, A Resolution Accepting Work on the 1994 Sidewalk Program, Project No. 1994-3 and move its adoption. John DeLacey Engineering Tech. III JHD/pmp MEM4495 RESOLUTION NO. 4495 A Resolution Accepting Work On The 1994 Sidewalk Program Project No. 1994-3 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 18, 1994,Weststar Curb and Concrete,Inc. has satisfactorily completed the 1994 Sidewalk Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$4,285.27, taking the contractor's receipt in full. 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 CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill,City Administrator FROM: John H. DeLacey,Engineering Tech. III SUBJECT: Downtown Streetscape,Project No. 1993-12 Alley in Block 48,Project No. 1994-1 DATE: August 20, 1996 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Downtown Streetscape,Project No. 1993-12 and the Alley in Block 48,Project No. 1994-1. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No.4496,A Resolution Accepting Work on the Downtown Streetscape-Phase II, Project No. 1993-12 and the Alley in Block 48 - Original Shakopee Plat, Project No. 1994-1 and move its adoption. W gdy"5e-1Y— John DeLacey Engineering Tech.III JHD/pmp MEM4496 RESOLUTION NO. 4496 A Resolution Accepting Work On The Downtown Streetscape - Phase II, Project No. 1993-12 And The Alley In Block 48 - Original Shakopee Plat Project No. 1994-12 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 22, 1994, Hardrives, Inc. has satisfactorily completed the Downtown Streetscape - Phase II Project and the Alley in Block 48 - Original Shakopee Plat, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$5,000.00, taking the contractor's receipt in full. 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 CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill,City Administrator FROM: Mitchell Wostrel,Engineering Intern SUBJECT: River District Trunk Sewer,Project No. 1995-9 DATE: August 20, 1996 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the River District Trunk Sewer,Project No. 1995-9. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4497, A Resolution Accepting Work on the River District Trunk Sewer, Project No. 1995-9 and move its adoption. 1,14g-r2.4.Alen7J Mitchell Wostrel Engineering Intern MW/pmp MEM4497 RESOLUTION NO. 4497 A Resolution Accepting Work On The River District Trunk Sewer Project No. 1995-9 WHEREAS, pursuant to a written contract signed with the City of Shakopee on October 10, 1995, Barbarossa & Sons, Inc. has satisfactorily completed the River District Trunk Sewer, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$1,595.00, taking the contractor's receipt in full. 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