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HomeMy WebLinkAbout07/20/1993 TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA JULY 20, 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent 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 Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of June 23rd, June 29th, and July 6, 1993 8) Communications: None 9) Public Hearings: None 10) Boards and Commissions: Planning Commission: a] Amendment to Zoning Ordinance To Allow Limited Retail Sales in The I-i District With A Conditional Use Permit b] Amendment to Zoning Ordinance to Allow Wood Preservation Facilities in The I-i District With A Conditional Use Permit - Ord. No. 359 c] Amendment to Zoning Ordinance to Allow Convention and Conference Centers, Outdoor Amphitheaters, Indoor Hockey Facilities and Community Centers As Permitted Uses in The RTD District - Ord. No. 358 *d) Revocation of Conditional Use Permit PC-593 , Outdoor Storage of Transportation Equipment - Res. No. 3836 *e] Amendment to Final Plat of Dominion Hills to Allow For Phased Street Construction - Res. No. 3832 f] Final Plat of Stonebrooke 2nd Addition, lying in the SE corner of the intersection of CR-78 and CR-79, Res. 3831 TENTATIVE AGENDA July 20, 1993 Page -2- 11] Reports from Staff: a) Hiring of Fire Fighters b) Premises Permit - Disabled American Veterans - Res. 3837 *c) Jaycees Temporary Beer Licenses *d) Chamber of Commerce - Circus License *e] Request for Deferment of Special Assessments f] Milwaukee Manor g] Authority To Pay Claims and Bills Prior to Council Review - Res. No. 3826 h] Equipment Maintenance Sinking Fund *i) New Fee On Garbage Collection Service *j ) Group Insurance Proposals *k) Special Assessment Abatement for 2nd Avenue Project *1] Approve Bills in the Amount of $1, 052, 008.23 *m] Appointing Acting City Clerk *n] Internal Reorganization of City Staffing 12] Resolutions and Ordinances: *a] Res. No. 3830 - Amending 1993 Budget *b) Res. No. 3829 - Initiating Vacation of Part of 10th Avenue East of Miller- Street *c] Res. No. 3835 - Authorizing Signing License Agreement With Chicago and Northwestern Transpor- tation Company - Valley Park 11th *d) Res. No. 3833 - Repealing Res. No. 3825 *e) Res. No. 3834 - Accepting Bids on 1993 Street Recon- struction, Project 1993-7 *f] Ord. No. 360 - Regulating Wild Animals 13 ] Other Business: a) b) c] d] 14] Recess for Executive Session to discuss collective bargaining 15] Re-convene 16) Adjourn to Tuesday, July 27, 1993 at 7 : 00 P.M. Dennis R. Kraft City Administrator ISMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrate - RE: Non-Agenda Informational Items n DATE: July 16, 1993 _ (,� l 61' 1 . Attached is a memorandum from the ( , 1n � court appearance updates. �Q ,64LA 2 . Attached is correspondence from Maui 1Y) City Council for their letter contair V presented to him on his 85th birthda 3 . Attached is the Building Activity Re; 4 . Attached are the June 17, 1993 minu Advisory Committee. 5. Attached is a memorandum from the Bui: securing the building/property locatea at LU43 zagiewooa Drive. 6 . Attached is an agenda of events planned by the VFW for September, as mentioned to City Council on July 6, 1993 . 7 . Attached is the monthly progress report by Certainteed regarding the odor issue at the Shakopee facility. 8 . Attached are the June 7, 1993 minutes of the Shakopee Public Utilities Commission meeting. 9 . Attached is a memorandum from the City Attorney regarding zoning enforcement. 10 . Attached is a copy of the Thank-you card from Dave Hutton for the floral arrangement sent for his father' s funeral . 11 . Attached is a copy of the Petition Against Substation received at the Council meeting on 6/15/93 . 12 . Attached is the Police Newsletter for Council review. 13 . Attached are the Planning Commission and Board of Adjustment and Appeals minutes for July 8, 1993 . 4f MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: July 7, 1993 RE: Court Appearances Update Attached are the charts showing required court appearances for the year to date . As you can see, the caseload continues to far exceed that of 1992 and 1991 . �i Signed J,� L} Karen Marty, Cxr/Attorney KEM:bjm �' [7MEMO] Attachments cc : Dennis Kraft Pat McDermott jo j0) T ' T / T I (/) uJmiima'i W 0 U -> Z , Z QU 12C / //, 1 1 , , , , , , 1 _ 0 1 < . a_ mm"mm°I a_ 1w 1._ , O. 2 im 'immlmlalmeggm' (5= a_ 1 D < -I-; Z C ; %////////////////////////////// //////////////////////////// O F. 0 , , 1 , 7 , D) 2 CC 2 f 1 - /////////////////////// // Q D co , , , , cr 0 7 0_ , < (....) , v , cc /,/,,,%,,,,,,,,,,,,,,,,,,,,,//,,,,,,,,/„//////,,,, 2 J Q I-- Y 10 F— 1 00 0 0 0 b 0 0 0 0 Q) CO t-- (0 It) V () N S3ONVHI`d3dd`d JO H1a81/1f1N a) ) a) C U C 2u) 06 U Q m F ~ cc RS ►:iso Li: E pm 0IS -) 4c ..) / 0 Co N Z S RRS6I\\\\\\\\\\\`FYI//II//ANEW' /!' //,!//O//O/1/-N N I T 0, T Co N W . • : a...m .i\\\\\\\\\\\\•1 +roeII////I// /!/O/O// //!////ltjl/!l00lll� co T 7 U 3 N 0 Z ••••y•••••••••:•:""••••••••••••:•••:••••41 - .. / // / /// / W // // / 4,,___,---5 Mr LL. N ` S W1 \\\\\\\\\\\\ I�l/I/////Il11IJI0/II/I////////////� Q _ 0) w _N ^ ems: ti�:����2:v�\ �`u�iii�ii%////////. %/////////////////// / LL _� 00 11 —N g---) r Q EEESEEEEES2252:MgIMIIIaMZMMt-' (Z h M I- K\\\\\\\\`\\rrv.//III/II/I/I�e!!O//!!!/!I////!I/O///!/////I/!!/O/O/IO///�N \ '...U/II mmi zie!//O!O////i///O !//Ji CO \` �'//III/J O!/ll/!!!!//!////!/!O/%%/III!////!/I/I///!/!///%L N q O i / / / in O _1-6 (� iii•'•'❖:.,.i / % // /// // �s-N % // // / /� Zr- O) • M N Da, .i i%'//iii///////////// C c,---,--) CO 0) �.\`\\\\`ttttilKl//II//IjI/III////I// //lam//!ll/Il///ljI///l//!/// N CO T I/.�//�10!!O//IIJO//!!O/IA N N & ,\\\\\\\ 11H-t-ttrll /U/I/ !//OIOII///1///U/l/O/Il/�N ft-t-fi.V/ /}III/II/I/I/I////tel////I//I!/II/ll//O/! T 0 0 0 O b O 0 0 0 (D (f) .i C.) N *_ saaualeaddy lo aagwnN #a MAURICE H. STANS June 15 , 1993 Mr. Gary Laurent Mayor City of Shakopee 128 South Fuller Shakopee, Minnesota 55379 Dear Mr . Mayor : On March 23rd, when I was honored by Pepperdine University on my 85th birthday, I was presented with a "Memory Book" containing several hundred letters from long-time close friends . Your transmittal of a letter from the City Council was an outstanding tribute and I am most grateful to you for the effort and consideration that went into it and the sentiment that it expresses . Please give my thanks to the members of the Council and all who played a part in the delightful expression that it conveyed. Sincerely, Maurice *34—*-7— . tans MHS:me 211 SOUTH ORANGE GROVE BOULEVARD. #12 • PASADENA,CALIFORNIA 91105 • (818) 795-5947 3 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JUNE 1993 June 1993 June 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 14 70 5, 894 ,749 10 59 4,750, 276 Single Family-Septic 3 13 1, 531, 270 5 10 1, 395, 630 Multiple Dwellings - 11 1, 543 , 322 2 9 926,953 (# Units) (YTD Units) (-) (26) - (4) (18) Dwelling Additions 16 46 250, 979 12 42 185,951 Other 6 9 31,731 1 4 5, 550 New Comm. Bldgs 2 3 8, 635, 000 - 1 85, 000 Comm. Bldg. Addns. - 3 159 , 750 - 1 80, 000 New Industrial-Sewered - - - Ind. Sewered Addns. - 1 2 , 549 , 300 - - New Industrial-Septic - - - - -- - - Ind. Septic Addns. - - - Accessory/Garages 4 20 352 , 470 5 11 100, 358 Signs & Fences 11 50 56, 951 9 34 65, 505 Fireplaces/Wood Stoves - 2 3 ,700 1 1 1, 275 Grading/Foundation 1 2 4 , 500 4 5 483 , 460 Moving - - - Razing 1 7 73 , 813 - 3 47 , 213 Remodeling (Res. ) 3 14 72, 195 3 19 57, 858 Remodeling (Comm/Ind. ) 4 31 2 , 097 , 220 1 19 1, 298, 900 TOTAL 65 282 23 , 256, 950 53 218 9,483 , 929 No. YTD. No. YTD. Electrical 54 305 60 229 Plumbing & Heating 61 330 66 279 Total dwelling units in City after completion of all construction permitted to date 4 , 901 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JUNE, 1993 10006 Troy Boegeman 1121 Naumkeag Fence 1, 000 10007 John Casanova Const. 727 Holmes Street Addition 12 ,960 10008 ECI Building Contractor 1505 Wood Duck Trail Church 432 , 000 10009 Principle Homes 1382 Thistle Lane House 109, 882 L 9 B 1, Meadows 8th 10010 KFC of Shakopee 837 East 1st Avenue Demo 3, 500 10011 Steven Zuphe 1112 Dakota Street Deck 1, 344 10012 Keith Clemens 4751 Eagle Creek Blvd. Garage 1,560 10013 Jeff Bornmann Bldrs. Shakopee Town Square Remodel 62, 000 10014 Griffin Ser. 1st Ave. & Holmes St. Tank Removel 1, 000 10015 City of Shakopee 129 So. Holmes Sign 1, 500 10016 Laurent Builders 614 Londonderry Cove House 125, 612 L 2 B 5, Stonebrooke 10017 Adolfson & Peterson 1010 West 6th Avenue Prison 7, 978, 000 Expansion 10018 Rich Logeais 1356 Primrose Lane House 61, 084 L 22 B 3 , Meadows 8th 10019 Detail Home Bldrs. 2048 Granite Drive House 80, 000 L 18 B 2 , Heritage Place 4th 10020 Detail Home Bldrs. 1238 Heritage Drive E. House 78, 000 L 4 B 2, Heritage Place 3rd 10021 Vicky Berg 620 Madison Street Deck/Fence 2,200 10022 St. Francis Marschall Road Sign 660 10023 Novak Fleck 1389 Thistle Lane House 68,700 L 12 B 3 , Meadows 8th 10024 David Kincs 2860 Eagle Creek Blvd. Remodel 3, 000 10025 Richard Erickson 1212 Sunflower Circle Deck 1, 500 10026 Thomas Suel 2044 Eaglewood Drive House 122, 500 L 1 B 2 , Eaglewood 2nd 10027 Rich Logeais 1256 Pioneer Lane House 82, 622 L 4 B 1, Prairie Estates 3rd 10028 Deutsch Const. 1232 Pioneer Lane House 108, 349 L 1 B 1, Prairie Estates 3rd 10029 Mike Boeckman 1869 Norton Drive Grading 2, 000 10030 Larry Reichenberger 7802 Highway 101 Temp. Sign 100 10031 Deutsch Construction 1248 Pioneer Lane House 126, 818 L 3 B 1, Prairie Estates 3rd 10032 Michael Lebens 1258 Sage Lane Garage/Deck 16,900 10033 David Grimm 2513 Hauer Trail Fence 700 10034 Elvin Tonsager 1029 Naumkeag Street Porch 11,653 10035 Joseph Braunshausen 443 Market Street Fence 500 10036 Martin Novotny 1193 Shawmut Street Deck 1, 568 10037 C. M. Construction 200 East 10th Avenue Remodel 96, 000 10038 Donald Stork 1043 Goldenrod Lane Deck 1, 372 10039 Randy Jones 1809 Ruby Circle Fence 450 10040 Rick Gunderson Const. 1024 S. Main Addition 27 , 400 10041 New Century Const. 1365 Thistle Lane House 60, 488 L 9 B 3 , Meadows 8th 10042 Sandra Cowgill 980 Eastview Circle Fence 873 10043 Jan Wanous 1545 Roundhouse Circle Fence 250 10044 Julie Peterson 1097 Stonebrooke Drive Deck 3 , 724 10045 Michael Rolfes 1215 Vierling Court Deck 1, 344 10046 Steve Wermerskirchen 1756 Montecito Drive Carport 2, 304 10047 New Century Const. 1352 Thistle Lane House 89, 000 L 6 B 1, Meadows 8th 10048 Novak Fleck 1326 Primrose Lane Deck/Remodel 4, 218 10049 Rick Allex 2119 Norton Drive Pool 900 10050 Amcon Construction 650 Industrial Circle Remodel 13 , 000 10051 Valley Pools Inc. 1097 Stonebrooke Dr. Pool 10, 500 10052 Patricia Sopsic 1396 Blue Heron Trail Pool 3 , 000 10053 Craig Olson 1400 Blue Heron Trail Remodel 3, 000 10054 Noel Reinke 1016 Prairie Street Deck 1, 008 10055 Richard Coleman 1269 Diamond Court Deck 1,960 10056 T. C. Construction 1376 Primrose Lane House 77,816 L 20 B 3 , Meadows 8th 10057 Novak Fleck 1463 Primrose Lane House 62,912 L 12 B 4, Meadows 8th 10058 Randy Jones 1039 Prairie Street Deck 3,200 10059 Robert Annen 905 Minnesota Street Deck 4, 000 10060 Arrow Sign Co. 1147 Canterbury Road Sign 2,500 10061 Laurent Builders 836 Stonebrooke Drive House 195, 000 L 2 B 4 , Stonebrooke 1st 10062 Richard Sames Const. 2146 Norton Drive Deck 5, 000 10063 Charles Gestach 1229 12th Ave. West Fence 750 10064 Concept Environmental 406 West 1st Avenue Tank Removal 3 , 000 10065 Corporate Finishes Shakopee Town Square Remodel 25, 000 10066 Ken Zitzow 1096 Harrison Street Deck 1, 008 10067 Deutsch Construction 1264 Pioneer Lane House 121,776 L 5 B 1, Prairie Estates 3rd 10068 Novak Fleck Novak Fleck House 99,886 L 2 B 1, Meadows 8th 10069 David Schmitt Const. 1029 Prairie Street Garage 9,984 10070 Cellular One 5180 Valley Ind. Blvd. Radio Equip. 3, 331 Total: $10, 435, 166 #L1 MINUTES June 17 , 1993 Solid Waste Advisory Committee MEMBERS PRESENT: Dick Eischens - Chairman, Helena Township Jesse Coghill, Citizen, Sand Creek Township Milton Miller, New Market Township Kathy Gerlach, Shakopee Citizen Dick VanTassel, Industry Jeff Glewwe for Mike Berkopec, Waste Management - Savage Brad Brueske, Aagard West Jerry Bohnsack, City of New Prague Ery Deering, Shakopee Citizen Joe Pahl, Dem-Con Landfill Jeff Buckingham, Buckingham Disposal Barry Stock, City of Shakopee OTHERS PRESENT: Nancy Lee, Admiral Waste Management, Inc. Patrick Blood, Admiral Waste Management, Inc. Ronald R. Lysholm for John Meyers, Medical Disposal Systems SCOTT COUNTY STAFF PRESENT: Al Frechette, Environmental Health Manager Pete Schmitt, Environmentalist III Lydia Kohls, Environmentalist II Patti McColl, Environmental Technician Chairman Eischens opened the meeting at 1: 35 p.m. Minutes from the May 27, 1993 meeting were approved. HENNEPIN COUNTY AND NRG PROPOSAL UPDATE: Al discussed Hennepin County and NRG proposals. He confirmed that Hennepin County cannot grant Scott County direct access to the Freeway Transfer Station. The County would have to contract with HTI and McGowen to use the transfer station. Transportation costs from the Freeway Transfer Station to HERC are estimated at about $20 per ton. Haulers would have to be licensed in both Hennepin and Dakota County to use the Freeway Transfer Station. The processing fee at HERC would be $60. 00 per ton. Hennepin County's contract is for 3 years with option for renewal. They can terminate the contract giving Scott County a 3 month notice. Haulers would have to be licensed in both Hennepin and Dakota County to use the Freeway Transfer Station. The NRG/Unimin option would be a $9.00 per ton transportation cost and the tip fee is proposed at $67 per ton FOB Newport. Their contract is for 5 years with an option for renewal and they can terminate the contract after 5 years with a 6 month notice. NRG says the Unimin building would be able to handle 120 tons per day when it is remodeled. NRG could accept problem materials at the Unimin site and arrange for proper management. Hennepin County will not accept problem materials at the HERC facility. The Freeway Transfer Station will accept some materials, but not all. Both proposals will go to the Committee of the Whole on June 22 , 1993 . In July, Hennepin County and NRG will be invited to the Scott County Board meeting to answer questions on the proposals. A decision from the Board is expected in July. PERMANENT HOUSEHOLD HAZARDOUS WASTE FACILITY: The Unimin site is a possible location for the HHW facility if the transfer station is located there. Pete Schmitt discussed some of the advantages of a permanent facility: 1. A permanent facility requires less staff. The one-day collections depend on volunteers and staff. 2 . Collection days tend to be high risk due to untrained, volunteer workers. A permanent facility is a controlled environment with trained staff. 3 . A product exchange area would be available to the public to pick up usable household materials. This would reduce the amount of usable household materials that would otherwise be disposed of. Q. Would the County consider using the Unimin site for a permanent household hazardous waste drop-off site regardless of the Board's decision on a transfer station at that location? A. Al responded that the Board would need to make that decision. Q. What hours would you run the facility? A. Peter responded that staff would probably suggest one evening during the week and Saturday mornings perhaps one or two times per week for at least the spring, summer and early fall. Q. What kind of equipment is required for the permanent facility? A. Peter answered: Tables, carts and safety equipment (suits, gloves, goggles, etc. ) . We also need to contain material and set up the building as needed. Q. How long would the waste be at the transfer station before it is taken away? A. Peter answered: Approximately 90 days. Q. What happens to the material that cannot be identified? A. Peter answered: APTUS does a quick test for corrosivity and ignitability and then the lab packsthe materials accordingly. Q. Are there standards in the State for HHW collection? A. The State requires quarterly collection. In 1992 and 1993 , Scott County will hold 2 collections each collectiThe he Reeciprocarocal Use Agreement makes up for the other 2 required LRD/SCORE PROGRAM BUDGET PROPOSAL: the counties the Al reported that the Metropolitan Council money has nbeenlre estimat d lower thatthan Local Recycling Development (LRD) originally projected and for Scott County this means about $25, 000 less. Lydia distributed a summary othe h rhandoutgrams SandA.C.BarryrStocklzed madeat the motionlast for meeting. The Committee reviewedram budget as is with an the proposals. The motion was to accept the program across the board percentage cut if need be, not cutting out programs. The motion passed unanimously. REAPPOINTMENTS: S.W.A.C. members need to be reappointed in July. Cities/Townships appoint their own members. Industrye t and 496 8177 citizen if thevmembers wisheto trema n contaon the the Environmental Health Offic and appointments will be made S.W.A.C. There will be a notice in the paperpp in mid-July. The meeting was adjourned at 2 : 50 p.m. An agenda will be sent out announcing the next S.W.A.C. meeting when it is scheduled. LSK/pam *-5 MEMO TO: Barry Stock Assistant City Administrator FROM: Fulton Schleisman Building Official RE: Securing Building/Property 2043 Eaglewood Drive DATE: July 6, 1993 I have acquired quotes (attached) to secure the abandoned structure at the above referenced location as follows: Don Dahl, Dahl Carpentry - $ 590. 00 Gene Juergens, Juergens Const. - No Bid Jim Monnens, Monnens Bros. - No Bid Stan Pint, Stan Pint Const. - No Bid Ron Rymer, RJR - $ 500. 00 Dave Schmitt, David Schmitt Const. - $1450. 00 The cost of securing the property, $500. 00, can be offset by the forfeiture of the Certificate of Occupancy Deposit collected during the building permit process. Typically 90% of the C.O. deposit ($450. 00) is refunded to the applicant upon successful completion of the project. In addition to the C.O. deposit, $1, 424 .50 in various permit fees were collected for this project which are also forfeited. Any future completion or construction on this site will require payment of a new full permit fee. FS/jms Al 7-6-93 Received from the VFW # `� TENTATIVE SCHEDULE for OPERATION STAND DOWN Reunion FRI , SEPT 3, 1993 9 : 00 PM - Come As You Were Discharged Dance Shakopee VFW featuring "Entertainment Plus Sound and Light Show" SAT, SEPT 4, 1993 - OPENING CEREMONIES All Day - Wall and Military Display viewing Canterbury Downs 2 : 00 PM - Parade from Scott County Courthouse to Shakopee Public Services Building . Memorial March from Shakopee Public Services Building to Canterbury Downs . 3 : 00 PM - National Anthem - Pledge of Allegiance Canterbury Downs Welcome by Shakopee City Mayor Opening Address by CHRIS NOEL Wreath Laying by Color Guards Units - Taps 5 : 00 PM - Reading by Eve Bunting Canterbury Downs 6 : 00 PM - Retreat of Colors Canterbury Downs 6 : 05 PM - Reading by Eve Bunting Canterbury Downs 7 : 00 PM - Reading by Eve Bunting Canterbury Downs SUN, SEPT 5, 1993 - HONORING NATIVE AMERICAN VETERANS All Day - Wall and Military Display viewing Canterbury Downs 9 AM - 7 PM - Hourly readings by Vietnam Veterans Canterbury Downs 1 : 00 PM - Vietnam Art Display viewing Shakopee American Legion 3 : 00 PM - Native American Soldier ' s Ceremony Canterbury Downs 4 : 30 PM - Eagle Release by The Raptor Center Canterbury Downs 6 : 00 PM - Retreat of Colors Canterbury Downs 9 : 00 PM - Delta to the DMZ Reunion and Dance Shakopee VFW featuring ADRIAN CRONAUER & CHRIS NOEL and "Entertainment Plus Sound and Light Show" MON, SEPT 6, 1993 - HONORING GOLD STAR FAMILIES & RELATIVES AND POW/MIAs & POW/MIA Families All Day - Vietnam Art Display viewing Shakopee American Legion All Day - Wall and Military Display viewing Canterbury Downs 9 AM - 7 PM - Hourly readings by Vietnam Veterans Canterbury Downs 7 : 00 PM - Retreat of Colors Canterbury Downs 7 : 05 PM - Memorial Address by ADRIAN CRONAUER Canterbury Downs 7 : 30 PM - Candlelight Service Canterbury Downs TUE, SEPT 7, 1993 - HONORING LAW ENFORCEMENT & FIREMEN VETERANS All Day - Wall and Military Display viewing Canterbury Downs All Day - Vietnam Art Display viewing Shakopee American Legion 7 : 00 PM - Retreat of Colors Canterbury Downs 7 : 30 PM - Master of Ceremonies Paul Brand Canterbury Downs Address - Gov . Arne Carlson or Att . Gen . Hubert Humphrey III Music - Minneapolis Police Band 8 : 00 PM - Agent Orange Seminar by Jerry Bender Shakopee VFW WED, SEPT 3, 1993 - HONORING WOMEN VETERANS All Day - Vietnam Art Display viewing Shakopee American Legion All Day - Wall and Military Display viewing Canterbury Downs All Day - Women Veterans ' Hospitality Tent Canterbury Downs * A chance to meet other women veterans * Information concerning women projects * "Thank You" to those in Dust-Off & Evacuation Crews, Graves & Registration, Medics, Corpsmen, Doctors, etc . 9 AM - 7 PM - Hourly readings by Vietnam Veterans Canterbury Downs 7 : 00 PM - Retreat of Colors Canterbury Downs 7 : 05 PM - For Those Who Cared - The Journey Home Canterbury Downs 8 : 00 PM - PTSD Seminar by Vets Center Shakopee VFW THU, SEPT 9, 1993 - HONORING ALL VETERANS All Day - Wall and Military Display viewing Canterbury Downs All Day - Vietnam Art Display viewing Shakopee American Legion 7 : 00 PM - Retreat of Colors Canterbury Downs 7 : 30 PM - Veterans ' Benefits Seminar Shakopee VFW by Earl Hedstrom, Scott Co . Veterans ' Service Officer FRI , SEPT 10, 1993 - CLOSING CEREMONIES All Day - Wall and Military Display viewing Canterbury Downs All Day - Vietnam Art Display viewing Shakopee American Legion 7 : 00 PM - Retreat of Colors Canterbury Downs 7 : 05 PM - Address by Jim Ramstad Canterbury Downs Taps 9 : 00 PM - Dance Shakopee VFW IN THE EVENT OF RAIN - ALL CEREMONIES WILL BE HELD INSIDE AT THE SHAKOPEE V . F .W. tk-7 _____ _ - CertainTeed Corporation 3303 E. 4th Ave. PO Box 506 CertainTeed El Shakopee. MN 55379 July 6, 1993 Mr. James M. McCann Enforcement Unit Compliance and Enforcement Section Air Quality Division Minnesota Pollution Control Agency • 520 Lafayette St. Paul, MN 55155 re. S ak ee F ril ty, Odor Dear Mr. McCann: This letter is submitted as a monthly progress report required by your letter of September 5, 1991. It outlines activities concerning the odor issue at our facility in Shakopee since the last report dated June 2, 1993. During the month of June, Huntington Energy Systems completed installation of the thermal oxidizer equipment on our plant site. Equipment checkout and startup was done in June. Process fumes are now running through the thermal oxidizer and it is on line. Debugging will be done as required. Current activity per the schedule is as follows: Activity Target Date Status Installation June 8, 1993 Began March 17th Start-up & debug July 2, 1993 Start-up on schedule See attached Gantt chart for installation and start-up schedule. Mr. James M. McCann page 2 July 6, 1993 Mr.Barry Stock, Assistant City Administrator with the City of Shakopee has requested to be copied on these monthly progress reports in order to keep the citizens of Shakopee better informed. Our next progress report will be submitted in early August, 1993 . Sincerely, . �.2-� �1. G�ary 41. Swenson, CPE Principal Plant Engineer GAS:mr cc: C. Carfrey J. Quaranta K. Everhart L. Hawk T. Arnold M. Noone N. Robinson R. Wagner B. 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U O O O O Oo a O L a � - c, w O rn Q 00 -n (/1 w O O Z _ • vat V a Q1 Z O oco > Z 0 0 _ O 01 z w N Q W O W r Z W rn Z W r) C' 61 O N 0 QI Cn Q Q Q� � Z Y � - ' F- 3 1 31 < > I x3 I 0 0 0 c 0w 2 03 ZU)0 UQM ,_ OO o: < 0 -D cys- ) O Z I I Ze4 I �N i QM I U 0 M N't O N CL N Z i a N C O 0 / MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on June 7 , 1993 at 4 : 00 F.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, O'Toole and Cook. Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Motion by Kirchmeier, seconded by Cook to approve the minutes of the May 3 , 1993 regular meeting as kept . Motion carried. BILLS READ: City of Shakopee 20 , 032 . 00 ARA/CORY Refreshment Services , Inc . 208 . 00 American Water Works Association 74 . 25 Auto Central Supply 46 . 73 Battery and Tire Warehouse , Inc . 28 . 70 R.W. Beck and Associates 2 ,108 . 96 Border States Industries , Inc . 27 , 966 . 65 E .J. Brooks Co . 570 . 25 Burmeister Electric Co. 155 . 70 Business Essentials , Inc . 591 . 19 C H Carpenter Lumber 43 . 44 Chanhassen Lawn and Sports 22 . 79 City of Shakopee 1 , 973 . 60 City of Shakopee 27 . 30 Clay ' s Printing Service 160 . 28 Cooperative Power Co . 34 , 397 . 51 DCA, Inc . 150 . 00 Dick' s Auto Repair 6 . 00 Expressly Yours 24 . 25 Fresco 411 . 10 Feed-Rite Controls , Inc . 1 , 647 . 31 Genuine Parts Co . 65 . 43 Glenwood Inglewood 19 . 38 819 . 38 Gopher State One-Call , Inc . Graybar Electric Co . , Inc . 3 ,072 . 19 Hance Cable Testing and Locating 1 ,117 . 78 Hennen ' s ICO 55 . 80 Jaspers , Streefland and Co . 8, 900 . 00 Jerry' s Lawn Service 902 . 06 Koch ' s Tele-Communications 60 . 00 Leef Bros . , Inc . 74 . 02 Tom Leif 5 ,723 . 55 Ray LeMieux 82 . 80 M-V Thermogas Co. - 17 . 31 MVA Company 517 . 66 McMaster-Carr Supply co. 54 . 77 Minnegasco 326 . 39 Minnesota Municipal Utilities Association 840 . 00 Minnesota Valley Testing labs 1 , 270 . 00 Motor Parts Service of Shakopee 57 . 91 Mitch Mullins 135 . 00 Nebraska Municipal Power Pool 250 . 00 Northern States Power Co . 345 , 630 . 67 Northern States Power Co . 1 , 300 . 07 Northern States Power Co . 664 . 64 Parkside Printing, Inc . 149 . 74 Pitney Bowes , Inc . 1 ,243 . 87 Plehal Blacktopping, Inc . . 1 ,490 . 00 RESCO 2 , 449 . 50 Reach Equipment 673 . 41 E .H. Renner and Sons , Inc . 600 . 00 Reynolds Welding Supply Co . 4 . 41 Richard Knudson , Inc . 87 , 368 . 65 SChoeli and 'riadson , Inc . 6 , 552 . 08 Scott County Sheriff Communications 663 . 30 Scott County Surveyors Office 4 . 50 Shakopee Postmaster 5 ,000 . 00 Senses Technologies , Inc . 99 . 62 Shakopee Public Utilities Commission 124 . 32 Brad/Stacy Shrader 29 . 82 Shakopee Services , Inc . 87. 34. Al Smith Excavating 330 . 00 Southwest Suburban Publishing, Inc . 385 . 86 Starker Cleaning Services 72 . 42 Roy Stromme 95 . 20 Dean Struck 101 . 28 Total Tool 79 . 54 U. S .West Communications 391 . 48 Lou Van Hout 76 . 96 Van Paper Co . 49 . 73 Voss Lighting 202 . 88 Water Pro 275 . 7 WESCO 600 . 72 Wheeler Lumber Operations 7 , 577 . 42 Wild Iris 43 . 28 Woodhill Business Products 475 . 93 Yarusso ' s Hardware Co . 144 . 11 Joseph Adams 119 . 00 Canterbury Downs 3 , 596 . 00 St . Francis Medical Center 5 , 754 . 00 Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered paid . Motion carried. A communication from Jim Streefland, Auditor, on legal compliance for the Shakopee Public Utilities Commission was reported by Manager Van Hout. Commissioner Kirchmeier reported on a 6th grade field trip to the substation and pumphouse of the Shakopee Utilities . It was an excellent learning experience. A special thanks was given to Joe Adams , Marvin Athmann and Art Young for their time in conducting the field trip. Dale Dahlke and Gloria Vierling were present to discuss the • watermain, for the Parkview 1st Addition plat . Mr. Dahlke asked for clarification of oversizing costs and cost for extending the watermain under the City' s drainage basin and pedestrian trail. A discussion followed. At the proper time the Resolutions for authorizing and for payment of oversizing will be presented. Liaison Sweeney gave his report . The upcoming city bond issue referendum was discussed. The street replacement program with its effect on the watermain in areas of Shakopee was discussed. The biggest question being additional watermain on Fourth Avenue from Market to Naumkeag. The cost sharing on this project will be determined before final approval is given. Bill Fahey, Fahey Companies was present to give additional information on the issuing of bonds for upcoming Shakopee Public Utilities projects . The next course of action in this process was determined. Manager Van Hout reported on Overhead lines on County Road 78 being approved by the Planning Commission and on its way to the City Council . 3on Albinson gave the Commission an advertisement put out by Valley Green Business Park on low electric rates . He also informed the Commission of a recent survey done by the Company on electric rates with Shakopee being the lowest around the area . The increase recommended for electric rates will be presented at the July meeting by Manager Van Hout . Motion by Kirchmeier , seconded by Cook that the Shakopee Public Utilities Commission is in a Jreement with the City of Shakopee on the contract for the downtown alleys as outlined by Dave Hutton on 6/3/93 , subject to review by the Attorney. Motion carried. There were no new plats for May, 1993. There were 4 fire calls for a total of two hours and 45 minutes for the month of May, 1993 . There were no lost time accidents for May, 1993 . The next regular meeting of the Shakopee Public Utilities Commission will be held on Tuesday, July 6 at 4 : 30 P.M. in the Utilities meeting room. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. Cd4; [ AA Barbara Menden, ommission Sec . MEMORANDUM4“7 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : July 8, 1993 RE: Informational Item on Zoning Enforcement The City enforces zoning ordinance violations based on complaint . We are facing a difficult time in enforcement, since many of the ordinance provisions will change as the zoning ordinance is rewritten. I am recommending to the Planning Department that we proceed with caution in enforcing the ordinances, and in particular take a three-tier approach: 1 . If a violation is noted where "nobody is hurt" (e.g. , a home occupation which is fine except the occupant did not get a conditional use permit) , postpone enforcement if possible until the new ordinance is adopted and we know what provisions apply. If we enforce the ordinance now, we may legalize uses which later become illegal or non-conforming, require conditions which are later dropped, or fail to require conditions which are imposed by the new ordinance . 2 . If a violation is noted which is harming others (e .g. , a dangerous condition is created) , enforce to the extent necessary to eliminate the harm. 3 . If a violation is noted under provisions of an ordinance which are not being rewritten (e.g. , the sign ordinance) , enforce like usual . If you have questions regarding this, or disagree with this approach, please let me know. Unless I hear objection, we will proceed in the above manner. Signed `�=z-.72 '.. ,( Karen Marty, Ciy;- Attorney KEM:bjm [8MEMO] cc : Dennis Kraft Lindberg Ekola Terrie Sandbeck • • • V.• r • • • • • • at,/ 7c • 07-, /tom ` Iv/o."61-.-0v4 *11 PETITION AGAINST SUBSTATION ` UN I r 3 _-_-_ _---- 'mi"---772. '=-"---- N. �� °i ''��~Z��r ^�~~�r_.,--' - - ~``-- ' 15-1-- -- ~ II , Zft7 _ - - --- -- - p ' _ ~ __ ,--- d:-1___I-1-17' L~���~'`-e�� �^--- ^� \J « ---- _-______----_-_-_-~~-~_ _---_--_.-- - - -- __- -' -� '' ' _i 1 '. Aa:r\ _ _ ^�~~�---�� - - �� ------07-1 ___ 4 �,. ` __ „t �m� ^ . - - -'-- / ~ * u�' _ - - - - �� (m - - -' � H5 - ' r �' � 'if ' i / 6 � '~� ~ -'--�� + - '^ /� N. N�� / / / �� . . /�� r ' ..,,,,,_::i--..-_------.- - 1 . I I __‘::::$7._er_‘‹ 4:: -.157.--.7. _ .. .,. . _ _ ___ ______ _ 1 . -°f41-7'1(--------------- - ._ u- __ 0 I jl_.A.A.Ay tAij,eit:.1\- t_____._ � � ado i----- -33 Egfr.frze.2) 27,,, _ 1 1 n 4,. _.... t ---+ ....1. -.-- _ 13 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS P Regular Session Shakopee, Minnesota July 8, 1993 MEMBERS PRESENT: Madigan, Kelly, Joos, Zak, and Christensen MEMBERS ABSENT: Spurrier and Mars STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner I. ROLL CALL Vice Chrmn. Kelly called the meeting to order at 7 : 30 P.M. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE JUNE 3, 1993 MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars. recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: TO CONSIDER AN APPLICATION FROM JOHN AND PEGGY LEE KLING FOR A 2 ' VARIANCE FROM THE REQUIRED 10' SIDE YARD SETBACK AT 725 S. SCOTT ST. Vice Chairman Kelly opened the public hearing for this variance request. The Assistant City Planner stated that John and Peggy Kling are requesting a 2 foot variance from the required 10 foot side yard setback within the Urban Residential zoning district. She informed the Commission that the structure was constructed in 1960, and at that time, the side yard setbacks within the R-2 zoning district were 10 feet on one side, and 5 feet on the other side. She stated that the applicant is now proposing to construct an entry and a garage onto the east side of the home. The proposed addition would be approximately 8 feet from the northern lot line, and in conformance with the building line of the existing structure. The Assistant City Planner stated that when the existing structure was constructed, it met the setback requirements at that time. However, in 1979 the zoning ordinance was changed and a 10' setback was required for both side yards of interior lots. This action by the City resulted in transforming the building into a nonconforming structure, and resulted in a Page- 2 Minutes of the July Pg 2 Board ofAdjustment and Appeals hardship to the property owner. She stated that staff is recommending approval of the variance, based on a review of the criteria established in the Findings within the staff report. Vice Chairperson Kelly asked the applicant to step forward and address the Commission. Mr. John Kling, 725 South Scott Street, Shakopee, stepped up to the microphone and stated that staff has provided all of the information. There were no questions of the applicant from the Commissioners. Commissioner Christensen arrived at the meeting at 7 : 37 P.M. and took her seat on the Board. Motion: Commissioners Joos/Zak offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Zak/Madigan offered Resolution No. PC- 665, A Resolution Granting a 2 Foot Variance to the Required 10 Foot Minimum Side Yard Setback in the Urban Residential (R- 2) Zoning District. Vote: Motion carried unopposed, with Commissioner Christensen abstaining from the vote due to her absence during the presentation and discussion. VI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FROM CRAIG C. OLSON AND MARY STUESSER FOR A 10' VARIANCE FROM THE REQUIRED 20' SIDE YARD SETBACK IN THE SHORELAND ZONING DISTRICT AT 1400 BLUE HERON TRAIL. Vice Chairman Kelly opened the public hearing for this variance request. The Assistant City Planner stated that Mr. Craig Olson and Ms. Mary Stuesser are requesting a 10 foot variance from the 20 foot side yard setback requirement within the Shoreline Zoning District. She informed the Commissioners that the applicants are proposing to remove the berm on the west side of their home and construct two additions onto that portion of the house: 1) A ten foot wide addition onto their dining room, and 2) A ten foot wide addition onto their garage for use as a workshop. She stated that the approval of this variance would bring the principal structure 10 feet closer to the lot line, and provide 10 feet of distance between the structure and the west lot line. Minutes of the Page- 3 July 8,1993 Board of Adjustment and Appeals The Assistant City Planner informed the Commission that the applicants feel that the design of their home, and the location of the septic system, deck, and the swimming pool on the south of the structure, limit the number of alternative locations available for an addition onto their home. She stated that staff is recommending denial of the application, based on a review of the criteria established in the Findings within the staff report, and for the following four specific reasons: 1. No physical hardship relating to the use of the property has been demonstrated; 2 . The approval of the variance would seriously conflict with the purpose and intent of the Zoning Ordinance; 3 . Approval of the variance would grant a special privilege to the applicant that is not enjoyed by other Shoreline District property owners who comply with the requirements of the Zoning Ordinance. Other properties within the Shoreline District must meet the 20 foot side yard setback requirement; and 4 . A reasonable use of the property currently exists. The applicants have further invested in this property with a deck and swimming pool south of the existing home. Vice Chairperson Kelly asked the applicant to step forward and address the Commission. Mr. Craig Olson, 1400 Blue Heron Trail, Shakopee, stepped up to the microphone. He stated that he had purchased the home seven years ago. However, with four people in the family, it has an inadequate interior design. It lacks a dining room, and the dining table must be placed in the kitchen. They would like to take advantage of the southern exposure incorporated into the design of the home. Its placement on the lot, its location adjacent to CR 17 , and the location of the deck, septic system, and swimming pool limit the number of locations for an addition. He stated that he felt that digging up the back yard seems extreme. is to pssienaddit on onto thethe southwest cornertof thepohome,ssible and place the suggested that the deck be moved. Mr. Olson stated that the location of the pool and an enormous drainfield limits the number of available locations. In addition, the home was designed around a southern exposure. They could add onto the south side, but it would be complicated, and it would architecturally alter the home a great deal. Minutes of the Board of Adjustment and Appeals JulPage-4 y 8,19 4 Motion: Commissioners Christensen/Zak offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Christensen/Zak offered Resolution No. PC-667 , A Resolution Denying a Request for a 10 Foot Variance to the Required 20 Foot Minimum Side Yard Setback in the Shoreline Zoning District. Vote: Motion carried unanimously. VII. ADJOURNMENT The meeting adjourned at 7:47 P.M. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION P Regular Session Shakopee, Minnesota July 8, 1993 MEMBERS PRESENT: Madigan, Kelly, Joos, Zak, and Christensen MEMBERS ABSENT: Mars and Spurrier STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Karen Marty, City Attorney I. ROLL CALL Chrmn. Joos called the meeting to order at 7 :47 P.M. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE JUNE 3RD MEETING MINUTES The minutes of the June 3 , 1993 , meeting were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS o Chrmn. Joos m not onlzed anyone the agenda. n the audience wishing There was no responseo speak on any item V. ANNUAL REVIEW: RESOLUTION NO. 376 - NBZ, INC. The Planning Commission moved to amend the agenda by moving the annual review for the NBZ gravel mine up to agenda item No. 5 due to the published starting time frame for the 7: 50 P.M. public hearing had not been reached. Chrmn. Joos introduced the agenda item. The City Planner presented highlights from the staff report on the annual review for the NBZ gravel mine operation. He noted that Conditions 16 and 17 from Resolution No. 376 for the mine were not being complied with by NBZ. He stated that NBZ had recently sold their interests in the gravel mine to Apple Valley Readymix. He introduced representatives form the new ownership. Mr. John Voss, planning consultant for Apple Valley Readymix, commented that the sale transaction will be completed in August of this year. Page- 2 Minutes of the JPy e, 19 2 Shakopee Planning Commission Ms. Liza Robson, Apple Valley Readymix Co. , introduced the new ownership to the Planning Commission. She noted that pple e Valley serves the metropolitan area for sand, gra readymix products. She noted that it is the intent Apple fpple Vale Valley Readymix to cooperate with the City. Readymix looks forward to working with the City on the operation of the gravel mine. Mr. John Voss provided additional comments on the existing operation. He noted that the finer sands in the gravel mine tended to be deeper which resulted in the previous operator excavating to a deeper depth. Mr. Voss noted that there were several stock piles in the Phase I area and that they feel that the end use grades could be reached with the distribution of the stock pile materials. He noted that with the Conditional Use Permit amendment proposed to be submitted this fall, they would update the Merila Report. He also added that as part of that amendment, the relocation of the natural gas line to the perimeter of the mining site would be one example of the proposed amendments. Motion: Commissioner Christensen/Zak moved to find the operation not in compliance with Conditions 16 and 17 from Resolution No. 376 and to direct staff to not take any enforcement actions until (1) Failure of AVR to acquire an ownership interest in the site by July 31, 1993 ; (2) After review of the new owners' amendment proposal; or (3) October 8, whichever comes first. Vote: Motion carried unanimously. VI. PUBLIC HEARING CONTINUED: TO CONSIDER AMENDING CONDITIONAL XPANDED USE FERMIT NO. 376 TO LOCATED WEST OF CR 083,W E SOUTH OF CRU MININGRS FOR OPERATIONS16 AND NORTH VALLEY VIEW ROAD. Chrmn. Joos reopened the public hearing for the proposed amendment. The City Planner noted that with the recent sale to Apple Valley Readymix, the new property owners would like to withdraw the application for amending the hours of open tion. He noted that staff has received a letter gran from the e authority for the withdrawal of this app original applicant. Minutes of the Page- 3 July 8, 1993 Shakopee Planning Commission Mr. Paul Schmitz, 1401 Tyrone Drive, questioned the intent of the amendment. Staff explained that the amendment was to extend the hours of operation as approved in Resolution No. 376. It was noted that the amendment request was being withdrawn. Motion: Comm. Madigan/Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Madigan/Zak moved to accept the withdrawal of Mr. Zwiers' application to amend Resolution No. 376. Vote: Motion carried unanimously. VII. AMENDMENT TO FINAL PLAT: DOMINION HILLS The Planning Commission moved to amend the agenda by making the amendment to the final plat for Dominion Hills request to agenda item #7 due to the published starting times for the following public hearings. Chrmn. Joos introduced the agenda item. The City Planner provided an overview to the developer's request to amend Resolution No. 3591. He noted that the developer was proposing to grade and gravel the entire looped street in the subdivision. A pavement surface would be provided to Dominion Avenue with the first phase as currently proposed. Comm. Zak questioned the time frame in which the second phase would occur. Mr. Gary Bergquist, developer of the Dominion Hills subdivision, noted that the second phase would likely occur within six months, or by next spring. Motion: Comm. Madigan/Zak moved to recommend to the City Council amendment to Resolution No. 3591, which would allow Promise Avenue to be constructed as a temporary over-length street provided that the entire looped street section is graded and graveled, a temporary paved turnaround surface is providedenue, riers as the CityEngineer aref Promise v provideda off ther adgraveled approvved by by surface of Dominion Avenue. Vote: Motion carried unanimously. Minutes of the Shakopee Planning Commission Pagej - 4 July 8, 19 4 VIII PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE STONEBROORE79L�ED WESTIT DEVELOPMENT, LOCATED OF TIMBER TRAILS ADDITION.TH OF CR 78, EAST OF CR Chrmn. Joos reopened the public hearing for the proposed amendment. The City Planner commented that staff had received the septic system inspection report. He reviewed the results of the report and the letter of credit financial guarantee proposed osed by the homeowners' association. He noted that the app requested that the decision be tabled to the September meeting. Motion: Comm. Zak/Kelly moved to continue the public hearing to the September 1993 meeting. Vote: Motion approved unanimously. The Planning Commission took a ten minute recess. IX. PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE CITY ORDINANCE ALLOWING LIMITED RETAIL SALES AS A CONDITIONAL USE WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT. Chrmn. Joos reopened the public hearing for the proposed text amendment. The City Planner provided an overview to the text amendment request. He noted that the Planning Commission had tabled their decision at the July meeting in order to allow for an inventory of businesses within the Maras St. area. He provided an overview to the inventory. He noted the results of the inventory identified a mix of operations including automobile, transportation, construction, wholesale and other light manufacturing operations within the Maras St. area. He reviewed the proposed text amendment request and identified several of the difficulties with the proposal from a zoning perspective. Mr. Marlow Anderson, applicant, noted that he felt a new zoning district would be appropriate. He emphasized the need for of the zoning pro the licensing to be mrrevocation possibility byleted on or before the d tthe this year due Department of Public Safety. Comm. Zak questioned what would happen if the Zoning Ordinance were not completed by January of 1994 . Comm. Christensen stressed that the Zoning Ordinance update process should take its course. MinutesPage- 5 of the july 8, 19 5 Shakopee Planning Commission 3 Staff provided an overview to the Zoning Ordinance update process. Staff noted that the City was much further ahead than it was two years ago and that a consultant has been hired and a committee has been established. Mr. Anderson requested that staff update the Department of Public Safety in the course of the Zoning Ordinance update. Mr. Ron Thiebaud, co-applicant, noted that he had been located in this area operating a business for 14 years. He added he has held a used dealers license during that time frame. He noted that he had purchased the building and moved to the location on Maras St. within the past two years. He is concerned that now his license is being possibly revoked. Mr. Burdette Booth, co-applicant, provided comments with respect to his situation. He noted that he had bought the building with the understanding that he could have a used dealers license. At this time he stated that he was only allowed to be given a wholesale license. Comm. Christensen agreed with the need to move forward on the Heavy Commercial District concept. Staff repeated the time frame for the Zoning Ordinance update. Motion: Comm. Christensen/Zak moved to close the public hearing. Vote: Motion passed unanimously. Comm. Zak asked for preparations to be made if the Zoning Ordinance is nr men of PublicSafety extend theime t htt wouldioned frame the Department before revoking the used dealer licenses. Motion: Comm. Christensen/Zak moved to recommend to the City Council denial of the application for a text amendment to the I-i Zoning District to add the retail sales provisions, direct staff to include the retail/wholesale issues and consider the creation of a Heavy Commercial District in the Zoning Ordinance update process, and moved to direct staff to return this issue to the Planning Commission at the November meeting if the Zoning Ordinance is not completed by that time frame. Vote: Motion approved unanimously. MinutesPage- 6 of the July 8, 19 6 Shakopee Planning Commission 3 X. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO ADD OUTDOOR UTDOOR AMPHITHEATERS, CONVENTION AND CONFERENCE CENTERS, HOCKEY FACILITIES AND COMMUNITY CENTERS TO THE LIST OF PERMITTED USES IN THE RACETRACK DISTRICT. Chrmn. Joos opened the public hearing for the proposed text amendment. The City Planner noted that the Ladbroke Company was requesting a specific text amendment for proposed uses. He noted that it is the Planning Commission's task to make a recommendation on the proposed uses to the City Council. He noted that additional information had recently been submitted to theg Commission. and would mi padded wliketomakea thatpreriVe from Ladbroke were presentation. Mr. Richard Reichow, Ladbroke Company, provided an overview of the situation facing Canterbury Downs. He noted the role that Canterbury Downs has taken in the community in the past, including serving as a host for numerous events, providing many jobs, and paying up to $15, 000, 000 in property taxes. He stressed that Canterbury Downs is faced with a new situation based on the changes in the gambling and entertainment industries. Ladbroke has not received any substantial or viable business offers on the existing facility. Due to the situation the reuse or redevelopment of the Canterbury Downs property needs to occur. He noted the potential entertainment market for an amphitheater is strong in the Twin City metropolitan area. He stressed that the request before the Planning Commission was not to approve the specific site plan e but only athatgthe detailsdwould be ment to hfurther greviewed inanci text. for an nthe He added Planned Unit Development review process. Mr. Dana Ward, from the Target Center, provided several comments with respect to the proposed operations of the future facility. He stated that he felt that the Canterbury Downs facility was a viable facility for multi-use entertainment activities. He presented a video tapeHenoted for eproposed for u reuse of the Canterbury Downs property. were he amphitheater two possible configurationsbeing considered. One configuration would involve the use of a land berm and could support an audience of 19 , 000 people. A second alternativeinvolved couldapproximately ndaccommodate 13 , 000 peopleutilizing the fixed seating of . grandstandr Kate Finch, 2860 Eagle Creek Blvd. , noted that she was opposed to the amphitheater. She identified security issues. She added thatin er did not work because of a mosquitoapids the convention of dinnr problem. an amphitheater problem. Page Minutes of the July e, 19 7 - 7 Shakopee Planning Commission Cal TenEyck, 1770 Montecido Dr. , noted that the last amphitheater proposed in the community was turned down based on noise reasons. The proposed amphitheater at Canterbury l s and Downs would He stressed that the ahorse a the be closer to track builtofor be worse. horse racing only. Dave Dahon, St. Michael, Minnesota, commented that the Canterbury Downs is the only horse race track in the state. He noted that the racetrack site was quite large and proposed that the alternative uses could be held elsewhere on the property. Paul Schmitz, 1401 Tyrone Dr. , noted that from his property he could hear noise from the track including bugles and the crowd noise. He preferred to see the racetrack maintained for horse racing uses. He did not believe that there were adequate n Nise traffic facilities available for aanother from the amphitheater was amphitheater.concernof hi generatedhis. Chrmn. Joos asked Mr. Schmitz what other noises or problems he had with the racetrack. Mr. Schmitz commented that the noise at night and lights for cleaning operations after the racetrack was closed were too bright. Charlie Herrgott, 1107 Austin Court, commented on the quality of the video presentation. He also asked if families from the Ladbroke Company would want to live next to the racetrack. He added that since Ladbroke bought the track for a cheap price, they should be able to find something else to do with it. Les TenEyck, 2488 Hauer Trail, stated that he had been to several concerts recently. He is concerned with, specifically the rock concerts and the down playing of the rock concerts hein the proposal. He also noted that, as a helicopter pilot, has been to many air shows. He felt that there would be serious noise problems with an air show proposal. He felt that the other proposed uses were not a problem. Al Converse, 2666 Hauer Trail, was concerned that Canterbury Downs has not paid their property taxes. He was concerned with additional crime that would be brought in by the proposed uses. Mr. Reichow noted that the property owners of Canterbury Downs have paid all their property taxes. He noted that this is one of the biggest misnomers with the respect to the operations of the racetrack. He noted that approximately $15, 000, 000 has been paid for property taxes in the years of operations for Canterbury Downs. Minutes of the Shakoe Planning Commimon RIP- 8 peJuly 8, 19 8 David Grimm, 2513 Hauer Trail, noted that he was opposed to the proposed uses. He stated that he left Minneapolis to get away from the noise. He stated that as a resident he had few problems with Canterbury Downs. He would object to an amphitheater and the holding of concerts every weekend would infringe on area residents rights. He noted that he is uneasy with an empty racetrack facility as well. He would support all the proposed uses but the amphitheater. Comm. Zak questioned Mr. Ward on how will the proposed amphitheater be different from other rejected amphitheaters proposed in the Twin City metropolitan area. Mr. Ward stated that as noted in the video tape, musical groups such as Guns and Roses would perform at the amphitheater if it were approved. He stated that he was not familiar with the other submittals to be able to comment on how this facility would be different. Mr. Reichow commented on why this proposal is different. He noted that other amphitheater proposals have been proposed for undeveloped sites. With the Ladbroke proposal there is an existing entertainment facility already on the site. He noted that although a racetrack is not necessarily equal to an amphitheater, there were concerns in 1984 with the opening of the racetrack, such as crime and traffic problems. He stated that area residents will hear concerts but those concerts have to operate with noise levels established by the Minnesota Pollution Control Agency. He noted that much more additional work needs to be done on a site planning gel. He on Heenopedpthat at preliminary sound studies had performed amphitheater uses and that compliance with the noise levels seemed achievable. He added that the racetrack has had large crowds attending the facility. He noted that the various issues that come up in the review process, such as traffic and h in an appropriate way. He noise, wilt L dbr eed ke would do asto be dealt much stated tha much as possible to abate the problems in appropriate ways. Bev Koehnen, 2336 Canterbury Rd. , commented on the hearings for Canterbury Downs held in 1984 . She not onhatas e persoa Planning Commissioner she could only n speaking against the racetrack. All other comments were positive with respect to the racetrack. ittShd e was use that concerned that if the uses were added as a p proposed uses would not be returned to the Planning Commission for further review. Kris Dirks, Shakopee Chamber of Commerce, provided comments on the tourism impact and the City's economic development. She noted that 14 . 2 million visitors come into Scott County bringing $386, 000, 000 of revenue in tourist dollars. With an Minutes of the Page- 9 July e, 1993 Shakopee Planning Commission inventory of 425 hotel rooms available, at a 50% occupancy rate year around the City has a resource which could be better utilized. She noted that convention goers can spend up to $120 per person per day in a community. She commented on Ladbroke character, noting that they were an excellent member of the community. theecommunitynoted easowell bas1tosthe aLadbroket Chamber of has made, Commerce. Don McKush, 15279 Howard Lake Rd. , felt the Ladbroke was ueag price. $ethe askedacetrack to someone else the Ladbroke representatives at a what reasonablep is the sale price of the racetrack. Mr. Reichow noted that the racetrack sale price is $15, 000, 000. Paul Schmitz provided additional comments. He was concerned with the drive-by shooting phenomena that is occurring in the Minneapolis ay. He f area,he racetrack tended milesh is only 30 tobe wmore of felt an that attendeesault crowd. Richard Woodruff, 9286 Horizon Dr. , felt that Ladbroke had vowed a long term commitment to horse racing to the horse industry people. He felt that a longer time frame is needed to give the horse racing industry a chance. He felt that if Ladbroke would lower their price from $15, 000, 000 for the facility, someone would pursue the operation of the racetrack. Motion: Comm. Zak/Christensen moved to continue the public hearing to the August 5 meeting. Comm. Zak cited the need for additional information to address the various issues such as zoning, taxation, jobs, economic impact, and crime need to be further addressed. He stated that the money generated by the amphitheater would benefit the f the owners but usenot necessarily the City. He stated that were to happen it needs to take placel amphitheater under rigorous controls. Mr. Reichow commented that Ladbroke downdid not t buy horse Canterburyerb Downs with the intent of shutting ing industry. What has happened is very unfortunate in his opinion. He stated that the position that Ladbroke Company has taken is that horse racing is no longer viable from an economic perspective. He added that in 1995 the tax assessment agreement with the City will terminate. Ladbroke would prefer to view this project as an opportunity rather than as a blemish. He stressed that the amphitheater is pivotal to the other three uses viability. He noted that Minutes of the July 8, 19 Page- 10 0 Shakopee Planning Commission 3 continuing the public hearing to the August meeting would likely terminate the amphitheater proposal due to the competitive market in which the entertainment industry is involved in. Comm. Christensen reviewed some of the history with respect to the racetrack and other entertainment and gambling industry trends. She noted that, in her opinion, it was important to look at the facts facing the gambling industry. If horse racing is not viable than something else must happen with the property. The impacts from the proposed uses would need to be dealt with. She advocated that the Planning Commission and the City Council take a proactive position and seek a win-win situation for the community. She questioned the impact of tabling the proposed text amendment to the August meeting. ve Mn. Ward nmentn industrytified uthe losse to eof otwo ttolnature three weeks would enterta significantly impact the proposal. Comm. Zak commented on the need for additional information. He felt that several historical concerns have not been fully evaluated. He also stated that the RTD area needs to be restudied. He felt that the tabling action was not an intention to stall but rather to further study the issues. Additional discussion took place on the time frame issue. Comm. Christensen questioned the applicants why would the Shakopee facility work. Mr. Ward identified that the existing facility and infrastructure at Canterbury Downs would provide a higher level of amenities for an amphitheater. He further added that the cost to build a new facility would be two to three times more than adderenovation othercosts to the consider d sites, such asing ntheburY St. Downs. He Paul facility, is currently under water. Chrmn. Joos questioned the future of horse racing. Mr. Reichow noted that simulcast operations at the earliest could occur in 1996. He noted that Ladbroke is not willing to lose between $5, 000, 000 and $6, 000, 000 each year at the in sn the telhopes of tthe simulcast operations being app He again noted that the track has been openly marketed with no takers. He repeated the theme that Ladbroke would like kforo the see the use of this property as being something good community, rather than as something that's bad. Minutes of the Shakopee Manning Commission Pagej - 11uly 8, 19931 Pl Motion: Comm. Kelly/Christensen moved to close the public hearing. Vote: Motion was approved on a 4 to 1 vote with Zak dissenting. Motion: Comm. Kelly/Zak moved to recommend to the City Council approval of the convention and conference center, indoor hockey facilities, and community center uses. Comm. Zak commented that if the racetrack is no longer viable, he would like to know that the horsemen have had a chance to pursue further operations of the racetrack. If the project is to be an amphitheater, then it needs to be a good one. He again stated that the proposed uses were in violation to the Racetrack District. Comm. Christensen commented that, based on facts facing the entertainment industry, it would be important to move the recommendation forward to the City Council with the inclusion of all four uses. Comm. Madigan commented that since the amphitheater was pivotal to the further redevelopment or reuse of Canterbury Downs it would not be helpful to not include an amphitheater in the recommendation to the City Council. Comm. Kelly withdrew his motion. Comm. Zak withdrew his second. Motion: Comm. Christensen/Madigan moved to recommend to the City Council approval of all four proposed uses to be included with the Racetrack District. Vote: The motion was approved on a 3 to 2 vote with Zak and Kelly dissenting. XI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW A LP MOTOR FUEL TANK UPON PROPERTY LOCATED AT 593 CITATION DRIVE - SCHWAN'S SALES. Chrmn. Joos opened the public hearing regarding the Conditional Use Permit request. The Assistant City Planner stated that Schwan's Sales Enterprises has submitted an application for a Conditional Use Permit to allow an above ground, barrier free, 18, 000 gallon LP motor fuel tank on a site located at 593 Citation Drive. This site is zoned for Heavy Industrial uses. She stated that the applicant is proposing to construct a warehouse and Minutes of the July S, 19 Page- 12 2 Shakopee Planning Commission distribution facility at this site to replace their current facility in Burnsville. She stated that staff is recommending approval of the Conditional Use Permit, subject to two conditions. Chrmn. Joos asked that the applicant step forward and address the Commission. Mr. Randy Fox, Schwan's Sales, Marschall, Minnesota, stated that due to their small site in Burnsville, they are unable to expand the structure to a sufficient size to meet their needs. Therefore, they would like to relocate this tatedlity thatlnto thei the proposalGreen will meet all state ln Shakopee. and federal Hees guidelines. Chrmn. Joos reminded the applicant of a tank explosion that occurred in either North or South Dakota. Discussion regarding the types of uses and structures that are located adjacent to the site ensued. Mr. Fox stated that all of the on-site employees are trained in handling propane, and that their company has only had one accident in over 40 years regarding propane. Motion: Commissioners Zak/Christensen offered a motion to close the public hearing. Vote: The motion was approved unanimously. Motion: Commissioners Zak/Madigan offered Resolution No. PC- 666, A Resolution Granting a Conditional Use Permit to Schwan's Sales Enterprises, Inc. Allowing an 18, 000 Gallon LP Motor Fuel Tank in the Heavy Industrial (I-2) Zoning District, subject to the following conditions: 1. The prfueled above tank mustground, comply with all requirements gallon rements motorof the Uniform Fire Code Standard No. 82-1. 2 . The applicant shall comply with the requirements of the Minnesota Pollution Control Agency regarding aboveground storage tanks. Vote: The motion was approved unanimously. XII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 65 FOOT HIGH POLES FOR A TRANSMISSION LINE - COOPERATIVE POWER ASSN. Chrmn. Joos opened the public hearing regarding the Conditional Use Permit request. Minutes of the Page- 13 july e, 1993 Shakopee Manning Commission The Assistant City Planner stated that Mr. William McGoldrick, Land Use Department Manager of Cooperative Power Association, has submitted an Application for a Conditional Use Permit for structures in excess of 35 feet in height. The applicants have stated that continued growth in electrical usage in the northern part of Scott County has required Minnesota Valley Electric Cooperative (MVEC) to schedule the construction of a new distribution substation in 1994 . She stated that Cooperative Power needs to construct two miles of overhead 115 kV electrical transmission line to connect the new substation to an existing line located 1/2 mile north of CR 42 . The poles for this transmission line will average 65 feet in height. The Assistant City Planner stated that staff is recommending approval of the application for the Conditional Use Permit. Chrmn. Joos asked that the applicants step forward and address the Commission. Mr. Bill McGoldrick of Cooperative Power and Mr. Greg Turner, Assistant Engineer of Minnesota Valley Electric Cooperative in Jordan, stepped up to the microphone. Chrmn. Joos asked the applicants what was going to happen to the heavily wooded area within the site. Mr. McGoldrick stated that they plan to follow the section lines, and that large trees would be required to be removed. Chrmn. Joos asked for additional information regarding the devaluation of homes within an area with high voltage electrical lines. Mr. McGoldrick stated that there are many opinions regarding this issue. However, there have been hundreds of appraisals done, and the statistics show that they do not devalue the homes within the area. Chrmn. Joos asked about safety and the potential effects of Electric and Magnetic Fields (EMFs) . Mr. McGoldrick stated that the informational brochure provided in the Planning Commission staff report is the same information that was recently provided by an expert for a proposal within another city. He also stated that the existing electrical line in the south portion of the city is a 230 kV electrical line, while they are proposing only a 115 kV electrical line. Mr. John O'Loughlin, 2988 Valley View Road, Shakopee, stated that most of the adjacent land owners know nothing about this proposal. If the line is proposed to be located on the section line, it would be located right over one of his farm sites. He stated that he would like more information from the applicant on the proposal. Minutes of the Page 4 g, 19- 14 Shakopee Planning Commission Page 56 Mr. McGoldrick responded by saying that their first step was to send all of the affected property owners a notice of the proposal. This notice contained the names and telephone numbers of two individuals to contact if the individual wanted additional information. Mr. O'Loughlin stated that he felt that the applicant should visit with the affected property owners. He asked why the applicant thought the affected property owners should contact the applicant. He stated, "They should contact me. " Mr. Don McKush, 15279 Howard Lake Road, Prior Lake, stated that he owns a golf course adjacent to the proposed site, and stated that within Section 29, there is 100 to 150 yards of woods adjacent to the green. These are mature oak trees. He stated that he had previously spoken with Mr. McGoldrick regarding these trees. Mr. Dave Sweet, 3090 29th Avenue, Shakopee, stated that he has a 10 acre parcel and 30' of the proposed easement is within his yard. He stated he is not pleased. Ms. Deb Sweet, 3090 29th Avenue, Shakopee, asked if the City of Prior Lake is requiring permits for the proposal. The City Planner answered in the affirmative. Mr. Don McKush asked if the purpose of the proposed substation was to serve the Mystic Lake Casino and the Mdewakanton Dakota Community. Ms. Deb Sweet asked, if they get the permit and the property owner declines the easement, what happens? Mr. McGoldrick stated that if they cannot come to an agreement, Statute 117 states that they have the power of eminent domain. The City Planner reminded the Commission that the application for the Conditional Use Permit was for the overheight structures, and not for the electric lines themselves. Commissioner Zak states that these power lines are installed for large users. Everyone gets struck with something they hate. He hates the fact that the trees may be lost. He stated that the affected property owners have legitimate concerns, and that these could be alleviated by providing more information. He stated that the applicant will probably get their permit, but not tonight. He suggested that the applicant talk one on one with the property owners. Motion: Commissioners Zak/Kelly offered a motion to continue the public hearing to the August 5, 1993 , meeting of the Planning Commission. Minutes of the july 8, 19 Page- 15 5 Shakopee Planning Commission 3 Vote: Motion carried with a 3 to 2 vote, with Commissioners Christensen and Madigan dissenting. XIII PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A BMX RACING TRACK ON PROPERTY LOCATED NORTH OF CR 16, APPROXIMATELY 2 MILES EAST OF CR 17. Chrmn. Joos opened the public hearing regarding the Conditional Use Permit request. The Assistant City Planner stated that Mr. John Primrose has submitted an application for a Conditional Use Permit to operate a Bicycle Motocross (BMX) Track on a four acre site zoned Light Industrial, I-1. She stated that a Conditional Use Permit allowing a BMX Track at this same site was previously approved in 1986. However, this permit has since expired. The applicant is proposing to reopen the BMX Track at the site. The Assistant City Planner stated that staff is recommending approval of the Conditional Use Permit, subject to 10 conditions. Chrmn. Joos asked the applicant to step forward and address the Commission. Mr. John Primrose, 10700 Brunswick Road, Bloomington, stated that he has been running the BMX Track at the site for two years now and just recently found out that the City required a Conditional Use Permit. Based on his experiences within the last two years, he would like to continue operating the track, and to do it the right way. He stated that he is happy with the conditions recommended by staff, except for No. 9, which states, "The applicant shall construct a six foot high opaque fence around the portion of the site to be used for the BMX Track. " He stated that signs could be posted at the site which state the hours of operation, remind users to observe safety rules, and remind users to use proper safety equipment. Discussion ensued on whether or not Condition No. 9 was necessary. Motion: Commissioners Zak/Christensen offered a motion to close the public hearing. Vote: The motion was approved unanimously. Motion: Commissioners Christensen/Zak offered Resolution No. PC-668, a Resolution Granting a Conditional Use Permit to Operate a Bicycle Motocross (BMX) Track, subject to the following conditions: MinutesPage- 16 of the july S, 19 6 Shakopee Planning Commission 3 1. Parking areas must be clearly defined and both the parking areas and the proposed Bicycle Motocross Track shall be controlled for dust. 2 . The operation shall be limited to the hours of 10: 00 AM and dusk. 3 . No exterior lighting shall be permitted. 4 . The applicant shall provide portable toilets as per the Minnesota Health Department. 5. The applicant shall maintain liability insurance for the site on a year round basis. 6. All noise levels shall be in compliance with the City's Noise Ordinance. 7. The operation shall be limited to non-motorized bicycles. 8. The applicant shall keep the site maintained by mowing the grass and controlling weeds. 9. A review by the Planning Commission shall be held in one year for the purpose of determining if an opaque fence is necessary at the site. 10. If complaints to City staff in the future on this Conditional Use Permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. Vote: The motion was approved unanimously. XIV. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW SOME RETAIL SALES UPON PROPERTY LOCATED AT 4110 VALLEY INDUSTRIAL BLVD. SOUTH. Chrmn. Joos reopened the public hearing for the proposed conditional use permit. The City Planner provided an overview to the staff report. He provided a definition for wholesale as the sale of goods in quantities for later resale by a retail merchant. He also provided a definition for retail as the sale in small quantities directly to a consumer. He noted the amount of off-site and on-site signage with the existing operation. He noted the hours of operations, or store hours for the facilities. He noted that these relate to the use of the property as a retail facility. Doug Bell, applicant, provided several additional pieces of information on his proposed business operation. He identified that the sale club would operate on a wholesale basis, much like the Sam's Club businesses. He noted that the existing building was built with a conditional use permit for a veterinarian service. He stated that he is operating pawn business. NGhanutes of the 17 JPage-uly 8, 117 Skopee Planning Commission 956 Chrmn. Joos questioned where can customers get access within the building. Mr. Bell responded that customers would be limited to the areas in the front of the building. Comm. Zak commented on the purpose of the I-2 zoning district. He noted that there would be no grandfathering with the previous conditional use permit, since it's no longer in use. He indicated that the retail signage appealed to an individual passing by on CR 83 or at CR 42 . He noted that the signs had been improved for legibility purposes. He added that the 15% retail ordinance provision was a difficult and poorly written ordinance. He felt that the Sam's Club operation was a hybrid retail use. Mr. Bell noted that the building is not designed for industrial uses. He noted that it could be used for office and storage areas. He added that his pawn business, 80% of the produces get redeemed and 20% are offered for resale. Weldon Hendrickson, Route 5, Box 481, Cambridge, MN. , commented that Shakopee is a changing community. He stated that the veterinarian service was a part of the racetrack operations. He noted that other alternative uses have not been workable for this facility. Motion: Comm. Christensen/Zak moved to close the public hearing. Vote: Motion was approved unanimously. Motion: Comm. Zak/Christensen moved to deny a conditional use permit to B & B Sales and Services to conduct retail sales within the Heavy Industrial Zoning District, and inform the applicant that any retail use and all illegal signs must be removed within 20 days after the public hearing regarding the conditional use permit request, and directed City staff to provide additional information to the applicant on potential B-1 zoned properties, which could be utilized by the applicant for retail operations. Vote: Motion was approved unanimously. IDER THE L PLAT OF STONEBROOKE 2ND XV. DDITION,�TLOCATEDCINSTHE SOUTHEAST CORNER ACORNER OF THE INTERSECTION AD OF CR 78 AND CR 79 . The Assistant City Planner stated that Laurent Builders, Inc. has submitted an Application for Final Plat Approval for Stonebrooke 2nd Addition. She stated that on April 20th, the Minutes of the July e, 19 Page- 18 8 Shakopee Planning Commission City Council approved two of three requested amendments to the Stonebrooke Planned Unit Development. These allowed a 36 stall parking lot expansion, and allowed Outlot A to be developed with two single family lots instead of with commercial development. Since the amendment requesting the relocation of the twinhomes has been continued, the Preliminary and Final Plat for Stonebrooke 2nd Addition has been revised to exclude the proposed twinhome relocations. She stated that staff is recommending approval of the Final Plat for Stonebrooke 2nd Addition, subject to 11 conditions. Chrmn. Joos requested the applicant to step forward and address the Commission. Chrmn. Joos asked about the proposed Outlot C. Mr. Laurent stated that this is further explained in "Detail A" , on the plat drawing. He stated that Outlot C will be dedicated as right-of-way with the plat, as recommended by staff. Motion: Commissioners Zak/Kelly offered a motion to recommend to the City Council the approval of the Final Plat for Stonebrooke 2nd Addition, subject to the following conditions: i. 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. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . A variance to the subdivision regulations allowing an over-length cul-de-sac street (Fairhaven Drive/Cambridge Way, 1,800 feet) is granted until Fairhaven Drive is constructed to Wood Duck Trail. Minutes of the Page- 19 July e, 1993 Shakopee Planning Commission 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. Separate easements shall be provided for all off-site septic systems prior to the recording of the final plat. Documentation verifying the locations of these sewer easements shall also be provided to the City prior to their recording. 6. Prior to the approval of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 7 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 8. The applicant shall provide a revised Final Plat which renames one of the two blocks that are named "Block 1" to "Block 2" . 9. The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 10. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. f-wY to be latted 11. wtotC shall be shown as tonebrooke 2nd Addition on a orevised final p withhSplat. Vote: The motion was approved unanimously. R XVI. CODIC HEARING USECPERMITED: TO TO ALLOWOFILLEINAA FLOODWAY IN HUBER CONDITIONAL APPLICATION FOR A PARK. Chrmn. Joos re-opened the public hearing regarding an application for a Conditional Use Permit to allow fill in a floodway in Huber Park. The Assistant Planner stated that the City is requesting that the Planning Commission continue the public hearing regarding this request to the August 5, 1993 , meeting to allow time to obtain additional survey information. Minutes of the Page- 2 0 Shakopee Planning Commission July 8, 1993 Motion: Commissioners Madigan/Zak offered a motion to continue the public hearing regarding this request to the August 5, 1993 , meeting of the Planning Commission. Vote: The motion was approved unanimously. XVII ADJOURNMENT. The meeting adjourned at 12 :43 A.M. TENTATIVE AGENDA Energy and Transportation Committee City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 July 21, 1993 7:00 P.M. Chairman Drees Presiding: 1. Roll Call at 7:00 P.M. 2. Approval of Minutes - May 19, 1993 3. Dial-A-Ride Expansion - Discussion 4. 1994 Transit Assistance Application 5. Informational Items: a. Recycling Monthly Report b. Dial-A-Ride Monthly Report c. Dial-A-Ride Saturday Service Report d. Van Pool Monthly Report e. City of Shakopee's Annual Picnic f. Business Update from City Hall - May 1993 g. Business Update from City Hall - June 1993 6. Other Business a. Next Meeting - September 15, 1993 7. Adjournment Terrie A. Sandbeck Assistant City Planner CITY OF SHAKOPEE Please Call Aggie or Terrie at 445-3650 if you cannot attend the meeting. (E&TAGEND.AU1) Origi.a 1112193 .Z. MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session May 19, 1993 Chairman Drees called the meeting to order at 7 : 08 P.M. with Commissioners Drees, Reinke, Stafford, and Schoephoerster present. Commissioners Kelly and Mars were absent. Also present was Terrie Sandbeck, Assistant City Planner. Chairman Drees asked if there were any corrections to the minutes of the March 17 , 1993 , meeting. Commissioners Reinke / Stafford moved to approve the minutes. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 3 , a Guest Speaker from the Regional Transit Board (RTB) , and introduced Mr. Mike Beard, Board Member of the RTB. Mr. Beard stated that Ms. Sherry Munyon, Deputy Chair of the Regional Transit Board had been scheduled to speak to the Commission at this meeting. However, Ms. Munyon resigned from the RTB on April 28 , 1993 , to take a position with the Minnesota Chamber of Commerce to lobby on transportation issues. Mr. Beard updated the Commission on some of the more important issues that were discussed and/or approved during the recent legislative session regarding the RTB and the opt-out programs. He reminded the Commissioners that the opt-out programs are not funded by the General Fund, but are funded by property taxes. Ninety percent of this money is recaptured for the City's opt-out programs. He stated that state funding during the 1994-95 fiscal year will be increased by 2% over the previous fiscal year. Mr. Beard stated that a bill regarding Metro Governance was passed which will establish a 15 member advisory council on metropolitan governance to advise the legislature on whether or not to eliminate citizen boards or to change these to elected positions. This study group consists of_ six legislators and 9 metropolitan residents, and will study the issue to the next 24 months. He informed the Commission that another bill that was recently passed was a policy bill containing the following three provisions: 1. ) It gives the right-of-way to buses entering the right land of traffic; 2 . ) it prohibits parking in a transit stop posted with the accessible symbol ; and 3 . ) It includes public transit operators as priority users of energy during fuel shortages . In the event of a fuel emergency, the Dial-A-Ride and Vanpool systems will receive priority in receiving fuel. Mr. Beard stated that another recently passed bill permits the cities of Bloomington, Edina, Richfield, Eden Prairie, and Minnetonka , Plymouth, and Maple Grove to establish Transportation Demand Management programs by local ordinances. This allows them -_ to attempt to stagger work hours and to spread the demand for the 494 traffic corridor. Mr. Beard also informed the Commission that Representative Becky Kelso had proposed a bill to allow new communities to opt-out. However, this bill was defeated. He also reminded the Commissioners that they should feel free to contact him with any questions or concerns. Chairman Drees introduced Agenda Item No. 4 , The Workplace Demonstration Project. He stated that the demonstration project for providing service to The Workplace expired in January, and the Commission should discuss whether or not the program should be continued, amended, or terminated. Commissioner Reinke offered his support in continuing this program, and went on to say that he would not object to expanding it. Discussion ensued regarding whether the expansion of the program would violate the Americans with Disabilities Act. Commissioners Reinke / Stafford offered a motion to continue The Workplace Dial-A-Ride Demonstration Project for an additional twelve months, with the program to be re-evaluated at the completion of the demonstration project. They also requested that staff investigate whether or not its expansion would be a violation of the Americans with Disabilities Act. Motion carried unanimously. - Chairman Drees introduced Agenda Item no. 5, Vanpool Policy Amendments regarding Mileage Reimbursement Rates. He stated that in response to the 1991 Transit Audit Report that was completed by the Regional Transit Board, staff was recommending that the Energy and Transportation Committee recommend that the City Council amend Transit Policy No. 11 regarding Additional Driver Mileage, and Transit Policy No. 15 regarding Reimbursement for Car Pool Costs. These amendments would increase the mileage reimbursement rate from 27 . 5 cents per mile to 28 cents per mile. This amount is consistent with the IRS mileage reimbursement standard and the City of Shakopee. Commissioners Reinke / Stafford offered a motion to recommend that the City Council amend Transit Policy No. 11 and Transit Policy No. 15, increasing the mileage reimbursement rate to 28 cents per mile. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 6, Spring Clean-up Day Analysis. Ms. Sandbeck stated that on the table was an analysis of the 1993 Shakopee Recycling Clean-up Program Project. She stated that the program broke even. However, attendance was down from last year. This could be due to a number of reasons: 1 . ) It was a cold, gray day; 2 . ) Notice had not been provided in the utility bills as it had been in previous years; and 3 . ) This is the 7th year of the program and residents may have the majority of their places of residence cleaned up. She also informed the Committee that there should be approximately the same amount of funding available for next year. Chairman Drees introduced Agenda Item No. 7 , Non-agenda Informational Items took place. Discussion on these informational items took place. Chairman Drees stated that the next meeting will be scheduled for July 21, 1993 . Commissioners Reinke / Stafford offered a motion to adjourn at 7 : 52 P.M. Motion carried unanimously. 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July 18,1993 prepared by: Teri Van Cleve Sergeants Position Filled Detective Internships Continues On July 6th Brian Clark was promoted to sergeant. Brian has been with our Officer Ron Scherer has completed three department since July of 1986. months as detective intern. Our next intern will be Officer Thomas Crocker. The number of cases assigned per SIRT Team Trains at month for investigation by detectives has Canterbury been as follows: The Special Incident Response team Jan. - 83 April - 115 conducted training at Canterbury Downs Feb. - 84 May - 112 backside with focus on entry, building March - 106 June - 137 searches, and use of chemical agents. West Shakopee Plagued With Flood Waters Recede Car Prowls For 23 days officers have measured the The past month Shakopee residents flood waters of the Minnesota River. As living in the area south of 10th Avenue of 07-15-93 the water level is 710.90 and west of Apgar Street have been above mean sea level. The MN plagued with car prowls. Officers have Department of Transportation opened increased patrol in this area. Hwy. 169 between Shakopee to Eden Prairie today. Officers Volunteer for Ride Along Program Continues "Walk in the Park" Sgt. Barney Clark received a thank you Officers will volunteer their time this card from Kerry Scholz, who rode with Friday and Saturday, July 18/19 to the Clark for the evening of May 22nd. American Cancer Society's fund raiser (Card is attached) "Walk in the Park." June Statistics Are Attached go CJEZ(TE JO Jn-ZOEEct --••.0 4-1 .,___I ii°• .* • 0 E i • • H s„_ 0 _ r 1 , ', ‘'' • J,I4 j \ ,:. , • .... -- • 1 , .-. . $. , . . , Fri 07-16-93 Shakopee Police Department Time: 9:25 am Crime Summary Report - UOC Page: 1 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9029 . . . 1 ORD. EXHIBITION DRIVING/UNREASONABLE ACCELER. 9301 . . . 3 LOST, PERSON 9302 . . . 1 LOST, ANIMAL 9303 . . . 3 LOST, PROPERTY 9311 . . . 2 FOUND, PERSON 9312 . . . 1 FOUND, ANIMAL 9313 . . . 11 FOUND, PROPERTY 9314 . . . 10 FOUND, ABANDONED OR STOLEN VEHICLE 9400 . . . 29 MOTOR VEHICLE ACCIDENT ( 10-50, ALL OTHERS) 9420 . . . 8 MOTOR VEHICLE ACCIDENT (10-52, PERSONAL INJ) 9440 . . . 1 MOTOR VEHICLE ACCIDENT (10-50 W/OTHER OBJ) 9450 . . . 5 MOTOR VEHICLE ACCIDENT (H&R NO INJURY) 9470 . . . 3 9520 . . . 15 ACCIDENTS, PUBLIC-OTHER, ALL OTHERS Fri 07-16-93 Shakopee Police Department Time: 9:25 am Crime Summary Report - UOC Page: 2 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9522 . . . 1 ACCIDENTS, PUBLIC-OTHER, FALLS 9524 . . . 2 ACCIDENTS, PUBLIC-HEART ATTACKS 9530 . . . 15 ACCIDENTS, HOME, ALL OTHERS 9531 . . . 3 ACCIDENTS, HOME, FALLS 9534 . . . 1 ACCIDENTS, HOME, CUTS 9540 . . . 1 ACCIDENTS, OCCUPATIONAL, ALL OTHER 9560 . . . 1 ANIMAL BITES, ALL OTHER 9561 . . . 3 ANIMAL BITES, DOG 9600 . . . 6 FIRES, ALL OTHERS 9601 . . . 1 FIRES, SINGLE FAMILY DWELLING 9604 . . . 1 FIRES, INDUSTRIAL 9715 . . . 2 MEDICAL, SUICIDE THREAT 9722 . . . 1 MEDICAL, BODY FOUND, ADULT FEMALE 9740 . . . 2 MENTAL PERSONS Fri 07-16-93 Shakopee Police Department Time: 9:25 am Crime Summary Report - UOC Page: 3 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9800 . . . 83 MISCELLANEOUS PUBLIC 9801 . . . 9 DOMESTICS 9802 . . . 40 PUBLIC ASSIST/MOTORIST ASSIST 9805 . . . 70 SUSPICION (PROWLER, OPEN DOOR, VEH. , PERSON) 9806 . . . 8 ATTEMPT TO LOCATE/CHECK WELFARE OF PERSON 9807 . . . 11 WEAPONS COMPLAINT (HUNTERS,SHOOTERS,FIRECRAC) 9809 . . . 59 VEHICLE COMPLAINTS (MUFFLERS, PARKING) 9810 . . . 1 MINIBIKE & MC COMPLAINTS 9813 . . . 1 FIGHT (BARROOM, GANGS, ETC. ) 9815 . . . 23 JUVENILES (COMPLAINTS ABOUT) 9817 . . . 15 DISPUTES (CUSTOMER,PATIENT,PERSON, OTHER) 9818 . . . 52 DISTURBANCE (LOUD MUSIC, LOUD PARTY) 9823 . . . 1 TRESPASSERS (BEER PARTY/KEGGERS) 9824 . . . 17 CIVIL DISPUTES, COMPLAINTS Fri 07-16-93 Shakopee Police Department Time: 9:25 am Crime Summary Report - UOC Page: 4 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9825 . . . 8 GUN PERMITS, REQUEST TO ACQUIRE 9826 . . . 3 GUN PERMITS, REQUEST TO CARRY 9827 . . . 14 PRANK 9-1-1 CALLS 9828 . . . 28 ANIMAL COMPLAINTS (BARKING, RUNNING LOOSE) 9900 . . . 12 MISCELLANEOUS OFFICER 9901 . . . 46 ALARM 9902 . . . 6 ESCORTS, FUNERAL 9905 . . . 7 WARRANTS/SUBPEONA/SUMMONS (SERVICE OF) 9908 . . . 1 HOUSE CHECKS 9911 . . . 1 MESSAGE DELIVERY (EMERGENCY-OTHER) 9913 . . . 38 ASSIST OTHER POLICE AGENCY 9914 . . . 2 ORDINANCE VIOLATION (DISPLAY AFTER-HOURS,ETC) 9915 . . . 4 ESCORTS, ALL OTHERS 9920 . . . 1 LOCK BUILDING Fri 07-16-93 Shakopee Police Department Time: 9:25 am Crime Summary Report - UOC Page: 5 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9923 . . . 2 LITTERING S154 . . . 1 A2246 . . . 1 A2341 . . . 1 A3252 . . . 1 ASLT 3-SUBSTANTIAL INJURY-HANDS ETC-ADLT- A5351 . . . 6 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-F A5352 . . . 1 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-A A5353 . . . 4 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-S A5355 . . . 1 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHILD-A A5356 . . . 2 ASLT 5-INFLICTS ATTEMPTS HRM-CHILD-S A9500 . . . 1 TERROR-THRT INFLT BH-UNK WEAP B1110 . . . 1 B2334 . . . 1 BURG 2-UNOCC RES FRC-D-UNK WEAP-COM THEFT B2494 . . . 1 BURG 2-UNOCC RES NO FRC-U-UNK WEAP-COM TH Fri 07-16-93 Shakopee Police Department Time: 9 :25 am Crime Summary Report - UOC Page: 6 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation B2564 . . . 1 B3060 . . . 1 BURG 3-AT FRC NRES-N-UNK WEAP-UNK ACT B3864 . . . 1 BURG 3-UNOCC NRES NO FRC-N-UNK WEAP-COM T B4764 . . . 1 B4864 . . . 1 B4894 . . . 2 D2540 . . . 1 DRUGS-SCH 1 NON NARC-POSSESS-MARIJU-UNK C D8500 . . . 1 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION DA500 . . . 1 DA540 . . . 1 DC500 . . . 1 I0060 . . . 2 CRIM AGNST FAM-UNK LVL-NEGLECT OF A CHILD I0070 . . . 2 CRIM AGNST FAM-UNK LVL-MALIC PUNISHMENT C J2301 . . . 2 Fri 07-16-93 Shakopee Police Department Time: 9:25 am Crime Summary Report - UOC Page: 7 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation J2500 . . . 3 TRAFFIC-GM-DRIVE UNDER THE INFLUENCE OF LIQUO J2700 . . . 3 TRAF-ACCID-GM-AGGREVATED VIOLATION J3500 . . . 2 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQ L5375 . . . 1 M3001 . . . 2 JUVENILE-ALCOHOL OFFENDER M3002 . . . 1 JUVENILE-CONTROLLED SUBSTANCE M4106 . . . 1 LIQUOR-PROCURING LIQUOR FOR A MINOR M4120 . . . 1 M4199 . . . 1 LIQUOR-OTHER M5313 . . . 3 JUVENILE-CURFEW M5350 . . . 3 RUNAWAY N3030 . . . 9 DISTURB PEACE-MS-DISORDERLY CONDUCT N3190 . . . 7 DISTURB PEACE-MS-HARRASING COMMUNICATION 03601 . . . 1 OBSENITY-MS-INDECENT EXPOSURE-TO MINOR Fri 07-16-93 Shakopee Police Department Time: 9: 25 am Crime Summary Report - UOC Page: 8 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 03602 . . . 1 OBSENITY-MS-INDECENT-EXPOSURE-TO ADULT P2110 . . . 1 PROP DAMAGE-GM-PRIVATE-UNK INTENT P3110 . . . 27 PROP DAMAGE-MS-PRIVATE-UNK INTENT P3130 . . . 1 PROP DAMAGE-MS-BUSINESS-UNK INTENT P3330 . . . 1 TRESPASS-MS-BUSINESS-UNK INTENT P3910 . . . 1 R3195 . . . 1 TB029 . . . 1 TB999 . . . 1 TCO25 . . . 1 TCO29 . . . 3 THEFT-FELONY-501 TO 2500-BUILD-OTH PROP TC159 . . . 2 THEFT-FELONY-501-2500-MOTOR VEHICLE-OTH PROP TC169 . . . 2 THEFT-FELONY-501 TO 2500-WATERCRAFT-OTH PROP TF021 . . . 2 THEFT-GM-201-500-BUILDING-MONEY-OTHER NEGOT Fri 07-16-93 Shakopee Police Department Time: 9 : 25 am Crime Summary Report - UOC Page: 9 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation TF029 . . . 2 THEFT-GM-201-500-BUILDING-OTHER PROPERTY TF059 . . . 1 THEFT-GM-201-500-YARDS-OTHER PROPERTY TF159 . . . 2 THEFT-GM-201-500-MOTOR VEHICLE-OTHER PROP TF169 . . . 2 THEFT-GM-201-500-WATERCRAFT-OTHER PROPERTY TF229 . . . 1 TG021 . . . 2 THEFT-MISD-LESS 200-BUILDING-MONEY-OTHER NEG TG029 . . . 2 THEFT-MISD-LESS 200-BUILDING-OTHER PROPERTY TG031 . . . 1 TG059 . . . 2 THEFT-MISD-LESS 200-YARDS-OTHER PROPERTY TG060 . . . 1 TG099 . . . 1 THEFT-MISD-LESS 200-SELF-SERVICE GAS-OTHER PR TG111 . . . 4 THEFT-MISD-LESS 200-BUSINESS FUNDS-MONEY TG159 . . . 8 THEFT-MISD-LESS 200-MOTR VEHICLE-OTHER PROP TG169 . . . 2 THEFT-MISD-LESS 200-WATERCRAFT-OTHER PROPERTY Fri 07-16-93 Shakopee Police Department Time: 9:25 am Crime Summary Report - UOC Page: 10 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation TG999 . . . 1 U1052 . . . 1 U3288 . . . 4 MISDEMEANOR SHOPLIFTING $200 OR LESS U3496 . . . 2 THEFT-MS-BICYCLE-NO MOTOR-250 OR LESS U3498 . . . 5 MISDEMEANOR BICYCLE(NON-MOTOR) $200 OR LESS V1011 . . . 1 UNAUTHORIZED USE-FE-OVER 2500-AUTO VA021 . . . 1 VEHICLE THEFT RELATED-FEL-AUTO VA022 . . . 1 VEHICLE THEFT RELATED-FEL-TRUCK-BUS VA023 . . . 1 VB081 . . . 1 VB110 . . . 2 VEHICLE THEFT RELATED-FEL-PARTS FROM VEHICLE VD110 . . . 1 VEHICLE THEFT RELATED-GM-PARTS FROM VEH-OTHER VD111 . . . 1 VE021 . . . 1 VEHICLE THEFT RELATED-MISD-THEFT-AUTO Fri 07-16-93 Shakopee Police Department Time: 9 :25 am Crime Summary Report - UOC Page: 11 Monthly Report For June 1993 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation VE110 . . . 2 VEHICLE THEFT RELATED-MISD-PARTS FR MV-OTHER VE111 . . . 1 X3250 . . . 3 *** AGENCY GRAND TOTAL: 879 Fri 07-16-93 Shakopee Police Department Time: 10:57 am Citation Summary Report - UOC Page: 1 Monthly Report for June 1993 File Type : Citation Print ALL LGN Codes SBN : All Print ALL U 0 C codes Including Juv. Water/Traffic Records U 0 C Total U 0 C Literal Translation 9000 . . 1 CARELESS/RECKLESS DRIVING 9001 . . 13 SPEED 9011 . . . 1 FAIL TO YIELD RIGHT-OF-WAY 9030 . . . 1 STOP SIGN VIOLATION (FAIL TO STOP FOR) 9032 . 2 SEMAPHORE VIOLATION (RED STOP LIGHT) 9050 . . 1 NO MOTORCYCLE ENDORSEMENT 9080 . 1 MISCELLANEOUS VIOLATIONS 9100 . . 3 PARK IN "NO PARKING" ZONE 9107 . . 2 WRONG WAY PARKING 9109 . . 1 OVERTIME PARKING (ORD) 9113 . . 1 ILLEGAL PARKING (MISCELLANEOUS) 9200 . . . 1 DRIVE AFTER CANCELLATION 9201 . . . 5 DRIVE AFTER REVOCATION 9202 . . 1 DRIVE AFTER SUSPENSION 9203 . . 2 NO MINN. DRIVERS' LICENSE 9215 . . 5 NO CURRENT REGISTRATION/EXPIRED PLATES 9233 . . 1 USE OF UNREGISTERED VEHICLE 9236 . 3 OPERATE VEHICLE WITHOUT INSURANCE J3500 . . 2 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GRAND TOTAL . 47 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JUNE 23, 1993 Mayor Laurent called the meeting to order at 7: 00 P.M. with Councilmembers Sweeney, Lynch, Beard, and Vierling present. Also present were: Dennis R. Kraft, City Administrator; Barry Stock, Ass't. City Administrator; Dave Hutton, Public Works Director; Gregg Voxland, Finance Director; Karen Marty, City Attorney; Judith S. Cox, City Clerk; and Lindberg Ekola, City Planner. Mayor Laurent added an agenda item under 5) Other business: Extension of Hours for the Hwy 169 Bypass Project. Beard/Vierling moved to remove the Riva Ridge Apartments Project from the table. Motion carried unanimously. Vierling/Lynch offered Resolution No. 3818 , A Resolution of The City Council of The City of Shakopee, Minnesota (The "Issuer" ) Authorizing The Issuance, Sale and Delivery of The Issuer's Multifamily Housing Revenue Refunding Bonds (Riva Ridge Apartments Project) , Series 1993 (The "Bonds") , Which Bonds and The Interest and Any Premium Thereon Shall be Payable Solely From Revenues Pledged Thereto; Approving The Form of and Authorizing The Execution and Delivery of An Indenture of Trust and A Loan Agreement and Other Documents; Approving The Form of and Authorizing The Execution and Delivery of The Bonds; Providing for The Security, Rights and Remedies of The Owners of Said Bonds, and moved its adoption. Discussion ensued on whether or not the documents involving the bonds contain language continuing the requirement that 20% of the units be available for low and moderate income residents. Sweeney/Lynch moved that a provision be added to the resolution that the 20% low to moderate income housing characteristic contained in the original bond issue be continued in the refunding bond issue. Mr. Kenneth Talle, Thies & Talle Enterprises, Inc. , purchaser of the project, recommended that conditions not be put in the actual resolution. Discussion followed. Motion defeated with Councilor Lynch voting in favor. Vierling/Lynch moved to amend the motion by adding, subject to counsel verifying that the bond documents contain language of low and moderate income housing provisions. Motion carried unanimously. Motion carried unanimously on main motion as amended. Discussion ensued on the payment options offered by the successful bidder on the new aerial fire truck. Beard/Sweeney moved to pay for the purchase of the 1993 aerial fire truck when we get it. Motion carried unanimously. Official Proceedings of the June 22, 1993 Shakopee City Council Page -2- Sweeney/Vierling offered Resolution No. 3821, A Resolution Canvassing Returns For The Special Election, and moved its adoption. Motion carried unanimously. Dave Hutton explained the request from the mini bypass contractor, C. S. McCrossan Construction, Inc. for a variance to the City of Shakopee's noise ordinance. Beard/Lynch moved to grant a noise variance to C.S. McCrossan Construction, Inc. to allow construction to occur on the Mini Bypass Project between the hours of 6: 00 A.M. to 11: 00 P.M. , Monday through Saturday, from June 24, 1993 to November 12, 1993 . Motion carried unanimously. Sweeney/Lynch moved to adjourn to Tuesday, June 29, 1993 at 7: 00 P.M. Motion carried unanimously. Meeting adjourned at approximately 7 : 30 P.M. 41,441...thLd• k J ith S. Cox C y Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 29, 1993 3 PM Mayor Laurent called themeeting present at AlsoOpresent thDennis Vierling, Lynch, Beard andSweeney Stock, Asst City R. Kraft, City Administrator; . Barry Administrator; Lindberg Ekola, Planning Commission; and Judith S. Cox, City Clerk. Mayor Laurent acknowledged the letter withdrawing applications for liquor licenses for J & D of Shakopee, Inc. and deleted the liquor license applications from the agenda. Sweeney/Lynch moved that items 2, 3 , 4 , 5, and 6 be put on consent business . Motion carried unanimously. Sweeney/Vierling moved to approve the consent agenda, as changed. Motion carried unanimously. Sweeney/Vierling moved to forward a letter to Governor Carlson recommending that Ms . Bonnie Featherstone be reappointed to the Metropolitan Council . (Motion carried under consent business . ) Sweeney/Vierling moved to approve the applications of and grant the following Intoxicating Liquor Licenses to: Bretbecca, Inc . , 124 West 1st Avenue (On-Sale, Sunday and Off-Sale licenses) ; Camgill Corporation, 1561 East 1st Avenue (On-Sale, Sunday, and Off-Sale) ; Clair' s Bar, Inc. , 124 South Holmes (On-Sale, Sunday, and Off- Sale) ; Dangerfield' s Restaurant, Inc . , 1583 East 1st Avenue (On- Sale, and Sunday) ; MIN Hotel Corporation, 1244 Canterbury Road (On- Sale and Sunday) ; Turtle' s Bar & Grill, Inc . , 132 East 1st Avenue (On-Sale and Sunday) ; Corp-Tool, Inc. , 122 East 1st Aven (Off-Sal ;(On-Sal) 10 and Sunday) ; Family Dining, Inc. , 6268 Hwy Riverside 'Liquors, Inc. , 507 East 1st Avenue (Off-Sale) ; Valley Liquor, Inc. , 1102 Minnesota Valley Mall (Off-Sale) ; Spirits of Shakopee, Inc. , 471 Marshall Road (Off-Sale) ; American Legion Club Post No. 2, 1266 East 1st Avenue (Sunday and Club) ; Knights of Columbus Home Assn. , Inc. , 1760 East 4th Avenue (Sunday and Club) ; Pablo' s Mexican Restaurant, 1201 East230 3rdouth AvenueW1s(Sundayt and Club) . (On-Sale) ; VFW Post *4046 , Inc. , (Motion carried unanimously under consent business . ) Sweeney/Vierling moved to approve the application and grant an On Sale Wine License to Cedar Fair L.P. , One Valleyfair Drive. (Motion carried under consent business. ) Sweeney/Vierling moved to approve the applications of and grant the following non-intoxicating malt liquor licenses to: BirchBru, Inc . 1155 East (Super1st Avenue (Off Sale) ; Cedar Fair L.P. , America) , Holiday Valleyfair Drive (On Sale) ; Station Stores, Inc . , 444 East 1st Avenue (Off Sale) ; Pizza Huts of the Northwest, Inc . , 257 Marschall Road (On Sale) ; Retail Foods of Minnesota, A Division of Gateway Foods, Inc . , dba Brooks Food Market #28, 615 Marschall Road Official Proceedings of the June 29, 1993 Shakopee City Council Page -2- (Off Sale) ; Raceway Park, Inc . , One Checkered Flag Blvd. (On Sale) ; Shakopee Ballroom and Banquet Center, Inc . , 2400 East 4th Avenue (On Sale) ; Polka Dot Dairy, Inc . , Tom Thumb Food Markets, 590 South Marschall Road (Off Sale) ; Fraternal Order of Eagles Aerie #4120, 220 West 2nd Avenue (On Sale) ; Retail Foods of Minnesota, A Division of Gateway Foods, Inc . , dba Brooks Food Market #42 , 1147 Canterbury Road (Off Sale) ; Sene' s, Inc . dba Imperial Wok, 237 East 1st Avenue (On Sale) ; and Stonebrooke of Shakopee, Inc . , 2693 CR-79 (On Sale) . (Motion carried unanimously under consent business . ) Sweeney/Vierling offered Resolution No. 3822 , A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for the Shakopee Rotary Club, and moved its adoption. - (Motion carried under consent business . ) Sweeney/Beard moved to receive the letter from Haaf and Allen, P.A. regarding the NBZ Enterprises v. City of Shakopee . Mr. Kraft explained that the Court of Appeals ruled in favor of the City of Shakopee in the NBZ appeal . Motion carried unanimously. Mayor Laurent adjourned the City Council meeting _at 7 : 15 PM. • viii, _ .ith S . Co i y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JULY 6 , 1993 Mayor Laurent called the meeting to order at 7 : 00 PM with Cncl . Vierling, Lynch, Beard and Sweeney present . Also present : Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Nummer, Civil Engineer; and Judith S . Cox, City Clerk. Council added to Other Business : Joint Meeting with the Townships, Prior Lake Outflow, Liquor License Hearing for Cheers 2 Ya. Sweeney/Lynch moved to approve the agenda as changed. Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 7 : 03 PM fbr an HRA meeting. Mayor Laurent reconvened the City Council meeting at 7.:16 PM. Rutt Transaction was added to Other Business on the Agenda. Liaison reports were given by the Councilmembers . Mayor Laurent gave the Mayor' s report . Mr. Tom Henninger, Minnesota Veteran' s Color Guard, informed the Council that over the Labor Day weekend, 1993 , the Vietnam Veteran Moving Wall would be coming to Shakopee and this celebration would be held at Canterbury Downs . He commented on what groups this celebration would consist of and that it would last the whole week, each day having its own unique occurrences, for example, Tuesday would be law enforcement and fireman day. Mr. Henninger commented that there would be approximately a quarter of a million people coming and asked the City of Shakopee for their cooperation in this celebration. The following items were added to consent business : 9) Approval of the Minutes 9th and Custodial, Vacant Police STechnical Sergeancy; and 13b) 1993-94 Clerical, Employees Contract . Beard/Vierling moved to approve the consent business as modified. Motion carried unanimously. Carla Distad, St . John' s Evangelical Lutheran Church, gave a presentation on a "clean the river" weekend to be held September 18-19, 1993 between 12-4 p.m. Ms . Distad showed a video to the Council ldabhave for hthedMinnesotat a River River. Mayor the Laurent encouraged effects it would have proceeding with the project. Official Proceedings of the July 6, 1993 Shakopee City Council Page -2- Mayor Laurent opened the public hearing at 7 :50 PM on Bituminous Materials, Inc . appeal of Condition #8 in their Conditional Use Permit to operate an asphalt plant . Mr. Ekola gave a brief presentation on the appeal from Bituminous Materials Inc . He stated that the Planning Commission' s concerns were to get the Westbound traffic to access on to Hwy. 101 at the Valley View Park Drive intersection where there is a signal light . Mr. Ekola stated that MnDOT did not have any concerns about this project at this time. Cncl . Sweeney was concerned if there was a fatality where Bituminous Materials, Inc. desires to exit onto Highway 101 that there would be demand for another stop light along Hwy. 101 . Mayor Laurent commented that since this use is with a conditional use permit, the City could review it and place . additional restrictions if problems should occur with their exiting onto Highway 101 where there is no signalized crossing. Mayor Laurent asked if there were any comments from the audience . There were none . Mayor Laurent closed the public hearing at 7 : 56 PM. Beard/Vierling offered Resolution No. CC-661, A Resolution Amending Conditional Use Permit Resolution No. PC-661 Granted to Bituminous Materials, Inc. to Operate a Hot-Mixed Asphalt Plant, and moved its adoption. Motion carried unanimously. Mr. Ekola gave a brief presentation of the Conditional Use Permit for Terminal Transport stating the three conditions not being complied with by the company. He also stated that Anchor Glass had discontinued their contract with Terminal Transport . Lynch/Vierling moved to direct staff to prepare the appropriate resolution revoking Conditional Use Permit No. PC-593 (Renewal) (Terminal Transport) . Motion carried unanimously. Lynch/Sweeney moved to remove item 12b) Amendment to Zoning Ordinance to Allow Wood Preservation Facilities with a conditional use permit in an I-1 zone from the table. Motion carried unanimously. Mr. Ekola gave a brief presentation on the conditional use permit being requested by Universal Forest Products and the text amendment to the zoning ordinance needed. Cncl . Sweeney stated that he would vote against this motion because he did not feel any text changes in the zoning ordinances should be made at this time. Official Proceedings of the July 6, 1993 Shakopee City Council Page -3- Universal Forest Products Representative stated that their company had decided that the new facilities should have covered storage yards for environmental reasons . He commented that Shakopee should want to keep their business since it will create more jobs and also increase the tax base . He stated that the time frame was not a major issue, but they would like to get started as soon as possible . He also suggested to Council that if there were legal issues to be worked out, that their lawyer is available to assist the City Attorney with working out any problems. Ms . Marty commented that she could not find a way to amend the ordinance that would grant the opportunity being requested to Universal Forest Products . She also stated that the draft of the industrial portions of the new zoning ordinance are not completed at this time. Christine Dirks, Director of the Shakopee Chamber of Commerce, commented that she was very much in favor of this 'amendment, because of the new l Forestobs t Productbe s andreated also because because of the of their expansion by Univers reputable standing in the community. Vierling/Beard moved to direct staff to prepare the appropriate ordinance amendment, amending Section 11 .32, Light Industrial (I-1) Zoning District_ to include wood preservation facilities as a conditional use with specific conditions relating to this process . Motion carried with Cncl . Sweeney and Lynch dissenting. Beard/Vierling moved that the City maintain the status quo in terms of its cable franchise cstandards ordinance (�and on°tcar t regulate undereS consent customer service business. ) Beard/Vierling moved to appoint Officer Clark to the position of Police Sergeant, effective immediately, at the 1992 rate of $3285 . 97 per month with subsequent adjustments as provided for by the Police Sergeant' s Union Contract . (Motion carried under consent business. ) Beard/Vierling moved to authorize the appropriate City official to execute the labor agreement between the City of Shakopee an the Minnesota Teamsters Public and Law Enforcement Employee Union, Local 320 - Clerical, Custodial and technical for 1993 and 1994 . (Motion carried under consent business . ) Beard/Vierling move to authorize the appropriate city officials to establish a custodial safekeeping account for the investment portfolio with the cost to be covered by interest revenues before the allocation of interest earnings to other funds. (Motion carried under consent business . ) Official Proceedings of the July 6, 1993 Shakopee City Council Page -4- Beard/Vierling moved to declare the flag pole at the former City Hall facility surplus and authorize the appropriate City officials to sell the flag pole to the VFW for $1 . 00 . (Motion carried under consent business. ) Beard/Vierling moved to direct staff to submit a request to the Scott County Highway Engineer to do a stop sign warrant study at the intersection of 4th Avenue and Market Street . (Motion carried under consent business . ) Beard/Vierling moved to authorize the appropriate City officials to execute a license agreement with the Chicago and Northwestern Transportation Company for a storm sewer crossing associated with the Valley Park ith Project No. 1993-10 . (Motion carried under consent business. ) Mr. Stock gave a presentation on the Ice Arena Design stating that Greystone Construction Company had ceased work on the development due to the failure of the referendum. He stated that soil borings and topographic surveys still needed to be done, and that they would have a long shelf life if done now. Vierling/Sweeney moved that City pay what is owed for the work already done by Greystone and put a hold on the rest until a vote from the citizens of Shakopee to continue. Motion carried unanimously. Mr. Nuumer gave a brief explanation on the St . Francis Hospital Sewer Petition. He stated that if the Chaska interceptor would be installed prior to September 1994, then the hospital would rather hook into that otherwise they would be required to extend across the bypass and utilize the existing V. I .P. trunk sewer. Mr. Don Leverman, CEO of St . Francis Hospital, stated they would like to have this completed by the summer of 1994 in order to build a new medical facility on their property. Cncl . Sweeney stated that there are no funds available from SPUC for this type of process for the watermains and it would need to be assessed. Cncl . Vierling made Council aware that she had talked to the City Attorney about abstaining from this vote since there could be some financial conflicts . However, the City Attorney did not feel this was necessary. Mr. Dale Dahlke, representing Dalles Properties, did not feel he should be assessed if St . Francis could not get their sewer lines in with the interceptor, since his property already has sewer. 1993 6, Official Proceedings of the July July Shakopee City Council Page -5- Mr. Gene Hauer commented that he would like to get his water and sewer taken care of while Hwy. 17 was under construction instead of tearing it up later. He also stated that he would not mind paying a reasonable amount of assessments. Sweeney/Lynch offered Resolution No. 3828 , A Resolution Ordering the Preparation of a Feasibility Seer anWate main Improvements and moved ort for St . Francis Regional Medical Center Sanitary its adoption. Motion carried unanimously. Beard/Vierling moved to approve the 1993 Shakopee Derby Days Committee request for City Assistance granting permission for the following: 1) Permission for the sale of goods on public property including downtown sidewalks, Lion' s Park and the 2nd Avenue parking lot . 2) Permission to utilize Public maintenance crews to assist in preparing for the celebration and to assist in clean up following the event . (Motion carried under consent business . ) Beard/Vierling moved to approve bills in the amount of $597, 594 . 18 . (Motion carried under consent business. ) Beard/Vierling moved to accept the bid of Flexible Pipe Tool for the sewer bucket machines and accessories in the amount of $766 . 00 and direct the Public Works Department to remove and scrap the jetter body from the old sewer jetter in order to sell this chassis cab and spare parts at the Hennepin County auction this year. (Motion carried under consent business . ) Beard/Vierling offered Resolution No. 3820, Authorizing Execution of Agreement, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3823 , A Resolution Authorizing the Execution of Scott County Cooperative Agreements No. 83-9203 and 17-9202 for Cost Participation in Scott County Project No. 93-83-08, County Road 83 from the Shakopee Bypass North 2, County and Scott County NorthProject No.and moved bits ladoption. Roadfrom (Motion carried Shakopee Bypass under consent business . ) Beard/Vierling offered Resolution No. 3824, A Resolution Accepting Bids on the Foothnll Motion ail torm Drainage Project No. 1993-2 and moved its adoption. (Motion carred under consent business .) and moved its adoptio Official Proceedings of the July 6, 1993 Shakopee City Council Page -6- Beard/Vierling moved to approve a contingency in the amount of 10% for use by the City Engineer in authorizing change orders for this project . (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3825, A Resolution Accepting the bids on the 1993 Street Reconstruction Project No. 1993-7 and moved its adoption. (Motion carried under consent business . ) Beard/Vierling moved to approve a contingency in the amount of 100 for use by the City Engineer in authorizing change orders for this project . (Motion carried under consent business . ) Beard/Vierling offered Resolution No. 3827, A Resolution Authorizing the Appropriate City Officials to Execute Temporary Permits to Construct and moved its adoption. (Motion carried under consent business . ) Mr. Stock suggested choosing an alternative date to July 13th to meet with the townships . Council chose July 27th at 8 :30 PM after the scheduled liquor license hearing, to meet with the townships . Cncl . Sweeney discussed his concerns about the Prior Lake outflow project and how the Watershed District has not kept the Council up to date on what they were doing. Mayor Laurent informed Council that Prior Lake had made a number of repairs, however, the outlet is shut off at this time because of the increased amount of water and repairs needed. Mr. Stock suggested calling Prior Lake and having them inform Council what is being done. Sweeney/Lynch moved to cancel the proposed hearing on Cheers 2 Ya alleged liquor violations because of their letter stating that they are withdrawing €heir applications for renewal of their liquor licenses . Motion carried unanimously. Sweeny/Lynch moved to direct the appropriate City officials to pursue the title process so that the Rutt purchasing property can be conveyed to the HRA. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an Executive Session at 9 : 00 PM to discuss collective bargaining. Mayor Laurent reconvened the meeting at 9 :37 PM. No action was taken during the Executive Session. Official Proceedings of the July 6, 1993 Shakopee City Council Page -7- Mayor Laurent adjourned the City Council meeting to Tuesday, July 20, 1993 at 7 : 00 PM. Meeting adjourned at 9 :38 PM. u cC�t�l.h. J. (3rg, Julith S. Cox C'ty Clerk Debra Zabel Recording Secretary /Da, MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Ordinance Amendment for the Light Industrial (I-1) Zoning District - Additional Conditional Use Provision DATE: July 14 , 1993 INTRODUCTION: At their July 8, 1993 , meeting, the Shakopee Planning Commission recommended denial of an application for an Amendment to Section 11. 32 , Subd. 3 , Conditional Uses within the Light Industrial (I-1) Zoning District from Mr. Marlowe (Chris) Anderson, Mr. Burdette Booth, and Mr. Ron Theibaud. The applicants are requesting that the City amend this portion of the Zoning Ordinance to add retail sales when necessary to a permitted principal use as a Conditional Use within the I-1 Zoning District. BACKGROUND: The applicants each operate a business on Maras Street. (See Exhibit A. ) Mr. Marlowe (Chris) Anderson operates Leeco Distributing, Inc. ; Mr. Ron Theibaud operates Ron's Auto Sales; and Mr. Burdette Booth operates Kar Kraft. Each of these operations is in the automobile sales business and two of the three businesses are in danger of having their Used Dealers license revoked by the Dealer's Unit of the State of Minnesota Department of Public Safety. They are requesting the amendment to allow them to apply for a Conditional Use Permit to allow retail sales when necessary to a permitted principal use. Please refer to the attached Planning Commission staff reports and the Minutes from the June 3rd and July 8th Planning Commission meetings for additional background information. DISCUSSION: The specific text amendment request is to amend the I-1 district regulations to add retail sales when necessary to a permitted principal use carried on in a structure located on the premises, with an area not to exceed 15 percent of the floor area of the principal structure. This provision is currently in the Heavy Industrial (I-2) district regulations. The City Attorney has commented that the existing wording in the retail sales portion of the Heavy Industrial (I-2) Zoning District is unclear. Adding the existing retail sales provision to the I-1 district could further confuse the retail and wholesale issue. A consultant has recently been hired to develop the updated ordinance, and information relating to the retail sales issue in the industrial districts has been forwarded to the consultant. The new provisions in the updated ordinance will better address the retail and wholesale issues. The City Council could direct staff to include consideration of the retail sales issues and/or the creation of a Heavy Commercial zoning district into the Zoning Ordinance update. In the development of the 1990 - 2010 Comprehensive Plan, a new land use category, called Heavy Commercial, was recommended to be implemented for several areas in the City including the Maras Street area. This new land use category proposed several automobile related uses including truck, bus, recreational vehicle, and automobile sales; automobile body shops; and truck repair. The Heavy Commercial category would also include lumber yards warehousing, light industry, and salvage yards. It states that special zoning controls should be enacted to protect nearby properties from the effects of these activities. In contrast, the "Commercial" land use designation includes retail and service businesses which sell primarily to individual customers, but not to other businesses (wholesale trade) . It does not include manufacturing, warehousing, trucking, or businesses which utilize extensive outdoor storage of goods or materials. Commercial land use designations include the Highway Business (B-1) Zoning District, the Community Business (B-2) Zoning District, and the Central Business (B-3) Zoning District. The City has been attempting to obtain the public right-of-way for Maras Street for some time. Currently, all property owners have dedicated the right-of-way except for two property owners. Both of these owners are in favor of dedicating the right-of-way, but each has been delayed for legal reasons. It is the City Engineer's desire to obtain the remaining right-of-way by the end of 1993 . He is currently in the process of updating the 5 year Capital Improvements Program and will be requesting that the upgrading of this road be included in the 1994 street projects. ALTERNATIVES: 1. Deny the application for a text amendment to Section 11. 32, Subd. 3 , to add retail sales when necessary to a permitted principal use as a Conditional Use within the Light Industrial (I-i) Zoning District. 2 . Approve the application for a text amendment to Section 11. 32, Subd. 3 , to add retail sales when necessary to a permitted principal use as a Conditional Use within the Light Industrial (I-1) Zoning District. 3 . Direct staff to include the retail/wholesale issues and consider the creation of a zoning district which would allow the heavy commercial mix of uses in the Zoning Ordinance update process. 4 . Table the request to allow staff or the applicant time to submit additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended Alternatives No. 1 and 3 . ACTION REQUESTED: 1. Offer a motion to direct staff to prepare an ordinance to amend Section 11. 32, Light Industrial (I-1) Zoning District, to add the following and move its denial: O. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the floor area of said principal structure. 2 . Offer a motion to direct staff to include the retail/wholesale issues and consider the creation of the Heavy Commercial district in the Zoning Ordinance update process, and move its approval. ATTACH EENT 1 MEMO TO: Shakopee Planning Commission FROM: Terrie Sandbeck, Assistant City Planner RE: Ordinance Amendment for the Light Industrial (I-1) Zoning District - Additional Conditional Use Provision DATE: May 26, 1993 INTRODUCTION: Mr. Marlowe (Chris) Anderson, Mr. Burdette Booth, and Mr. Ron Theibaud have submitted a request for an Amendment to Section 11. 32 , Subd. 3 , Conditional Uses within the Light Industrial (I-1) Zoning District. They are requesting that the City amend this portion of the Zoning Ordinance to add retail sales when necessary to a permitted principal use as a Conditional Use within the I-1 Zoning District. BACKGROUND: The applicants each operate a business on Maras Street. (See Exhibit A. ) Mr. Marlowe (Chris) Anderson operates Leeco Distributing, Inc. ; Mr. Ron Theibaud operates Ron's Auto Sales; and Mr. Burdette Booth operates Kar Kraft. Each of these operations is in the automobile sales business and each is in danger of having their Used Dealers license revoked by the Dealer's Unit of the State of Minnesota Department of Public Safety. (See Exhibit B. ) They are requesting the amendment to allow them to apply for a Conditional Use Permit to allow retail sales when necessary to a permitted principal use. CONSIDERATIONS: 1. The 1980 Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as_ to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. 2 . The properties owned by the applicants are designated for Light Industrial land uses in the adopted 1980 Comprehensive Plan. The industrial land use classification currently allows a variety of activities, such as assembly, warehousing, wholesale distribution, and office activities. The applicants' properties are zoned Light Industrial (I-1) . The permitted uses in the I-1 district include warehousing and wholesaling, offices, public buildings, research laboratories, construction and special trade contractors, and restaurants. Retail sales are neither a permitted or a conditional use in the I-1 district. A list of permitted and conditional uses within the I-1 Zoning District are attached as Exhibit C. 4. The applicants are requesting an amendment to Section 11. 32 , Light Industrial (I-1) Zoning District, Subd. 3 , Conditional Uses, Item O. (See Exhibit D. ) They are requesting that the following be added to the list of Conditional Uses: O. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the floor area of said principal structure. 5. The above language is presently listed as a Conditional Use within the Heavy Industrial (I-2) Zoning District. The applicants are proposing that it also be added as a Conditional Use within the Light Industrial (I-1) Zoning District. 6. Open sales or rental lots were listed as a Conditional Use within the Industrial Zoning District between 1966 and 1978 . In 1978 , the Industrial (I) Zoning District was amended to allow the following as conditional use: If abutting a State Highway: a. Motels and tourist accommodations b. Automobile service station c. Restaurants and supper clubs d. Drive-in establishments e. Open sales or rental lots The Industrial Zoning District was divided into the Light Industrial (I-1) and the Heavy Industrial (I-2) Zoning Districts in 1979 . Both of these districts allowed "open sales or rental lots" as a Conditional Use when the subject site abutted a State Highway. In 1981, the City Council added the following to the list of Conditional Uses within the I-2 Zoning District with the adoption of Ordinance No. 59 : N. Retail Sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15% of floor area of said principal building. In 1986, the City Council repealed Subd. 3 .J of Sections 11.32 and 11 . 33 , which had allowed the following as a Conditional Use in both the I-1 and the I-2 Zoning District: J. If abutting a State Highway: 1. Motels and tourist accommodations 2 . Automobile service station 3 . Restaurants and supper clubs 4 . Drive-in establishments 5. Open sales or rental lots The ordinance amendment which repealed Subd. 3 .J was based on the Race Track District Land Use Study for the City in 1986. The purpose of the study was to guide future development in the area near the racetrack. This study recommended that Subd. 3 .J be repealed because, "sufficient lands are available and property zoned to accommodate Highway Service uses" . With the development of the racetrack district which utilized previously industrially zoned land, there was perceived a need to protect the industrial zoned areas in the City. 7 . In April of 1992 , the City Council approved an amendment to the Heavy Industrial (I-2) Zoning District which allowed the retail sales and rentals of recreational vehicles which are licensed by the state, including camper trailers. As an accessory use, the property also may sell vehicles taken in on trade for the sale of a recreational vehicle. These types of retail sales and rentals may be allowed by Conditional Use Permit when certain conditions are met. Please refer to Section 11. 33 , Subd. 3 .S for additional information regarding the required conditions. 8 . Minnesota Statute 168 . 27, Subd. 10, requires automobile dealers to have an established place of business which includes a location that complies with the local zoning requirements and state requirements for a commercial location. The State of Minnesota Department of Public Safety, Dealer's Unit is responsible for ensuring that automobile dealers are located within the correct zoning district. 9 . Mr. Ron Theibaud of Ron's Auto Sales received two letters from the Dealer's Unit of the Department of Public Safety. The letter dated April 7, 1993 , (Exhibit B) , states that his place of business does not comply with the requirements for a Used Dealers license. The statute 168.27, Subd. 10, requires those having a Used Dealers license to have an established place of business which includes a location approved by the local zoning authorities. In signing the zoning authorization, staff stated that the Light Industrial (I-1) Zoning District permits "wholesale only, no retail sales" . The Dealer's Unit has determined that the applicants' businesses do not comply with the requirements for a used license, and changed their licenses to a Wholesale Dealers. After discussions with the Dealer's Unit, Mr. Theibaud received a second letter dated April 19, 1993 . The Dealer's Unit will permit extra time to resolve his location and/or zoning problems. Failure to comply may result in possible referral of his dealer license to the Dealer License Review Committee, and may result in withdrawal of his dealer license, pursuant to Minnesota Statute 168 . 27, Subd. 12 . In response to this letter, the applicants have researched several options, including submitting this request for this text amendment. 10 . The Dealer's Unit of the Department of Public Safety defines the various types of licenses as the following: A. A Used Motor Vehicle Dealer is entitled to: 1. Buy, sell, lease, broker, wholesale, or auction any make of used vehicle. 2 . A Used Motor Vehicle Dealer may NOT acquire a junked ("D" class) vehicle from a salvage pool, insurance company or its agent, unless the dealer is also licensed as a Used Vehicle Parts Dealer. B. A Motor Vehicle Wholesaler is entitled to: 1. Sell a motor vehicle as wholesale for resale, provided that a wholesaler may sell new vehicles only to dealers duly licensed to sell the same make of vehicles. 11. On May 17 , 1993 , staff received a letter from Mr. DuWayne Ege of Shakopee Towing. This letter has been attached as Exhibit E. It states his support of the requested amendment. He would like to start a new business at his current location at 1803 Eagle Creek Boulevard, and is having difficulties with the current Light Industrial Zoning regulations. 12 . In the development of the 1990 - 2010 Comprehensive Plan, a new land use category, called Heavy Commercial, was recommended to be implemented for several areas in the City including the Maras Street area. This new land use category proposed several automobile related uses including truck, bus, recreational vehicle, and automobile sales; automobile body shops; and truck repair. The Heavy Commercial category would also include lumber yards warehousing, light industry, and salvage yards. It states that special zoning controls should be enacted to protect nearby properties from the effects of these activities. The City has not yet developed a "Heavy Commercial" Zoning District. In contrast, the "Commercial" land use designation includes retail and service businesses which sell primarily to individual customers, but not to other businesses (wholesale trade) . It does not include manufacturing, warehousing, trucking, or businesses which utilize extensive outdoor storage of goods or materials. Commercial land use designations include the Highway Business (B-1) Zoning District, the Community Business (B-2) Zoning District, and the Central Business (B-3) Zoning District. 13 . The City Attorney has commented that the existing wording in the retail sales portion of the Heavy Industrial (I-2) Zoning District is unclear. Adding the existing retail sales provision to the I-1 district could further confuse the retail and wholesale issue. The Zoning Ordinance is currently in the process of being updated. A consultant has recently been hired to develop the updated ordinance. Information relating to the retail sales issue in the industrial districts has been forwarded to the consultant. The new provisions in the updated ordinance will better address the retail and wholesale issues. The Planning Commission could direct staff to include consideration of the retail sales issues and/or the creation of a Heavy Commercial zoning district into the Zoning Ordinance update. The applicants have noted that there are several businesses in the I-1 zoned Maras Street area which operate retail businesses. Included with Exhibit D is a letter from Chris Anderson, dated May 6, 1993 , listing several of those businesses. Due to the number of other businesses which may be operating some retail uses, staff would recommend that the retail/wholesale issue be more thoroughly studied in the Zoning Ordinance update. 14 . The Dealer's Unit would like to see this issue resolved in a timely fashion. One alternative to the applicants which is acceptable to Dealer's Unit, would be to relocate the retail sales portion of the applicants' businesses to a commercial zoned parcel. The applicants have stated that this alternative is a costly measure for their businesses and it divides their business operations into two locations. 15 . Section 11. 04 , Subd. 7 of the City Code states that amendments changing the regulations of any existing district require an affirmative vote of four-fifths of the City Council. 16. The approval of this text amendment would allow retail sales when necessary to a permitted principal use as a conditional use in all of the City's Light Industrial zoned property. Exhibit F illustrates the location of I-1 zoned land in the City. 17 . The Building Official has commented that any change in the occupancy will require building permits and inspections. FINDINGS: Section 11.04 , Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited, the criteria listed below: Criteria #1 The original zoning ordinance was in error. Finding #1 The zoning ordinance has not been found to be in error. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 The draft 1990 - 2010 Comprehensive Plan has recommended a new land use category, Heavy Commercial, to accommodate the types of uses operated by the applicants. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 There have been no significant changes in development patterns. Many of the businesses in the Maras Street area have been located there for: over ten years. Criteria #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 Approval of the text amendment request would be in conflict with the Comprehensive Plan's growth,: management program. ALTERNATIVES: 1 . Recommend to the City Council denial of the application for a text amendment to Section 11. 32 , Subd. 3 , to add retail sale when necessary to a permitted principal use as a Conditional Use within the Light Industrial (I-1) Zoning District. 2 . Recommend to the City Council denial of the application for a text amendment to Section 11. 32 , Subd. 3 , to add retail sales when necessary to a permitted principal use as a Conditional Use within the Light Industrial (I-i) Zoning District. 3 . Table the request and direct staff to include the retail/wholesale issues in the Zoning Ordinance update process. 4 . Continue the public hearing to allow staff or the applicant time to submit additional information. RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer a motion to recommend to the City Council denial of the application for a text amendment to Section 11. 32 , Light Industrial (I-1) Zoning District, to add the following to the list of Conditional Uses, and move its approval: O. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the floor area of said principal structure. y;•'t - '-'e8^: qW YA i'! '1` <�.% rr,}�.0 K: .tr _ TW 1 . �'� y ` r {': fY S r� 0x .'.V S J -�S - S ?� P y F 3xp a - .... ?a-,•�..cm yam. xfa . t . r�r ,, EXHIBIT A I' ��.o�, 4y. - t�y � ./�"a ,'x'Y OS 4' � x xK *vatµ�xa,�q.Fyv� . XCq. : _ '�'Y-6i. Y''.Xv,. 4.n :F f`d+•�9iP y+G,�,�- ',,"5 ^C' -^ 9 v� r 5 fi •t, :p•:::.x .'-. "� 4 - ;`` # ' a / 4 n q� . 'm• ;g R-��� s r. 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's 'v. yc�'XG'a y.��'>:.. ..= A?.:'.�y�t�.'�. .{'a%.?: :3�::s;� __ .yw•x=s:�?.�Xf':r �:: 2 i i -..,-.- 1 h9 r Hi J / 4 �:�r' - y N.; yS o ,i i i �--- g -`'ecoid yiLYys•�`E �`.,� �:..'" y�.e _ Sf� c. B 1 t y. ply • YX'--- ' a '64;-----71.4%,,..----=-'-':-. -,: ..,.---*.f.,...--- ms"" '•'.- :.;=f%'%'s,c•..r? • rct% ;. moi.% ,...,-,...-..,-.*..:.:,,...:-..--..,•,&:::--,...: c'- .•s:�.::;- lith_ . . • *4:3.:::'S:Vt."-- 7.:• - `,sv -.sem. ` � -9'.. m MIII--------__.t____._._L, ____ ‘%. ...v:.,;.'"•1/4„,....„1/4c4vreiiitiert--- .-0--_-_,.4.•%%.r,i.-....-..,,o,• .p 11 } 1 1 1 AG AGRICULTURE \ , v \ - :I o �• R 1 RURAL RESIDENTIAL \ , ' R2 URBAN RESIDENTIAL \\ 1 S j K N R3 MID-DENSITY RES. ' 1 \ \ '• ' ej,...bi R4 MULTI FAMILY RES. 1 , B i HIGHWAY BUSINESS 2 �/ R B2 COMMUNITY BUSINESS / • B3 CENTRAL BUSINESS , ' - .. 1 I i LIGHT INDUSTRIAL 2 12 HEAVY INDUSTRIAL S - S SHORELAND Std o FLOODPLAIN DISTRICT I v -•-•• MANDATORY PUD RTD RACETRACK DISTRICT �2J21/89 STATE OF MINNESOTA EXHIBIT B DEPARTMENT OF PUBLIC SAFETY DEALERS UNIT ROOM G 17 395 JOHN IRELAND BLVD ST PAUL 55155 612 296-2977 Area 04 APRIL 07 1993 RONS AUTO SALES 1428 MARAS ST DLR11817 SHAKOPEE. MN 55379 Dear Dealer: In reviewing your dealer file, we have discovered that your place of business does not comply with the the requirements for a Used Dealers license . The statute 168.27 sub 10 requires you to have established place of business which includes: a location approved by the local zoning authorities for the type of license applied for. It was also noticed that a dealers lease and a commercial location checklist was also missing, we ask that you complete the enclosed forms and return them to this office . Because the local zoning authority states that this location must be "wholesale only, no retail sales and no displays on site" , you do not comply with the requirements for a used license . Your license type has been changed to Wholesale as of the date of this letter_ Because a wholesale license is not intitled to dealer demonstration plates, you must surrender demonstration plates: D09552. You are intitled to use IT ( intransit) plates. Since these plates would no longer be valid registration, they would be confiscated by law enforcement officials if displayed on vehicles. If the above listed plates are not returned to our office or surrendered to your area dealer examiner within 15 days of the date of this letter, our office will notify State Patrol for appropriate action. Also any retail sales conducted from the date of reciept of this letter will be subject to excise tax on your purchase price of the vehicle sold. You must comply with the above marked items by 05 07 93 and notify this office in writing that you have done so . Failure to comply may result in the withdrawal of your dealer license pursuant to Minnesota Statute 168 .27 subdivision 12. If you need further information please contact this office. Sincerely, Dealers Unit Room G17 cc : Dealer Examiner � ; ( 7A STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DEALERS UNIT ROOM G 17 395 JOHN IRELAND BLVD ST PAUL 55155 (612) 296-2977 AREA 02 APRIL 19 1993 RONS AUTO SALES 1428 MARAS ST SHAKOPEE MN 55379 DLR11817 COMMERCIAL LOCATION Dear Dealer: " Minnesota Statute 168 .27 subd 10 requires you to have an established place of business which includes a location that complies with the local zoning requirements and state requirements for a commercial location. Upon further review of your commercial location issue , previously addressed by this office. it has been decided that extra time should be allowed to resolve your location and/or zoning problems. Within 30 days from the date of receipt of this letter you must submit proof of zoning approval for the type of license you hold. You must also meet all other reauirements for a commercial location. Any requests for an extension of this deadline must be accompanied by appropriate documentation justifying the extension. After you have made any necessary changes to your business location you must complete and sign the enclosed form and return it to verify that your location now meets the requirements. Failure to comply may result in possible referral of your dealer file to the Dealer License Review Committee, and may result in withdrawal of your dealer license pursuant to Minnesota Statute 168.27 Subd 12. If you need further information please contact this office . Sincerely, Dealers Unit Room G17 cc : Dealer Examiner EXHIBIT C ; 11 . 3 : B. Side and rear setback if abutting residential district : same as 3-2. Source : Ordinance No . 31 , 4th Series Effective Date : 10-25-79 Subd. 6. Performance Standards . A. Acceptable Building Materials. (For applicable provisions , see Section 11 . 60 , Subdivision 3) . B. Landscaping Requirements. (For applicable provisions , see Section 11 . 60 , Subdivision 7) . C. Screening. (For applicable provisions , see Section 11 . 60 , Subdivision 3 , Subparagraph 0) . 1. Roof Top Facilites . (For applicable provisions , see Section 11.60, Subdivision 3, Subparagraph D, Item 1. 2. Outdoor Storage and Trash Handling . (For applicable provisions , see Section 11 . 60 , Subdivision 3 , Subparagraph D, Item 3) . Source : Ordinance No . 246, 4th Series Effective Date: 6-17-88 SEC. 11.32. LIGHT INDUSTRY (I-1) . Subd. 1. Purpose. This District shall serve as a transition between more intense industrial sites and residential and/or business land uses. Mixed land uses other than intense manufacturing and processing shall be allowed such as warehousing and office space . Subd. 2. Permitted Uses. Within any Light Industrial District, no structure or land shall be used except for one or more of the following uses: A. Warehousing and wholesaling . B. Offices . C. Public buildings . D. Research laboratories . E. Construction and special trade contractor . F. Essential services . Source : Ordinance No . 31, 4th Series Effective Date: 10-25-79 G. Restaurants (Class I and II) , taverns, private lodges and clubs and supper clubs, but only when part of a Class A licensed horse racetrack as provided for in MSA 240 .01 et seq. Source: Ordinance No . 138, 4th Series Effective Date : 11-24-83 310-5 ( _2-- , . H. Class It day care facilities when located in the home of the day care provider . Source : Ordinance No . 264 , 4th Series Effective Date : 5-26-89 Source : Ordinance No . 279 , 4th Series Effective Date: 12-1-89 Subd. 3. Conditional Uses. Within any Light Industrial District, no structure or land shall be used for the following uses except by conditional use permit: A. Assembly/storage of : 1. Apparel. 2. Food products . 3. Glass . 4 . Leather . 5 . Pottery. 6 . Lumber and wood products . 7. Paper products . 8 . Rock and stone products . 9 . Textiles . 10 . Tobacco products . 11. Fabrication metal products . 12. Machinery and appliances . 13 . Transportation equipment. B . Commercial recreation. - C . Residential accessory. D . Heliports , airport. E. Bus and truck maintenance garages . F. Railroad operations . G . Mining and excavating industries . H. Landscaping services . I. Storage of coal, gas , junk, salvage , scrap metal, paper and rags . - Source : Ordinance No . 31, 4th Series Effective Date: 10-25-79 J. (Repealed by Ordinance No. 203 , 4th Series , adopted 7-1-86 .) K . Structures in excess of 45 feet in height . L. Animal hospitals and veterinary clinics . Source : Ordinance ::o . 186 , 4th Series Effective Date: 1-30-36 M. Class I day care facilities . N. Class II day care facilities when not located in • the home of the day care provide: . Source: Ordinance No . 264, 4th Series Effective Date: 5-26-89 Source : Ordinance No . 279 , 4th Series Effective Date: 12-1-89 3:J-. (12-1-39) 5 11 . 32 Subd. 4. Lot Area, Height, Lot Width and Yard Require- ments. A. The floor area ratio shall not exceed 1 to 1 . B. Front yard setback : 30 feet. C. Lot Width: 100 feet. D . Minimum lot area: With City services : 1 acre . Without City services : 20 acres . Source : Ordinance No . 31, 4th Series Effective Date: 10-25-79 E. Rear yard setback : 30 feet , except that where there is an abutting rail- road spur , the rear yard setback shall be 20 feet . Source : Ordinance No . 279 , 4th Series Effective Date: 12-1-89 F. Side yard setback: 15 feet normal. 1. 50 feet when abutting R District . 2. 0 feet when abutting railroad . Source: Ordinance No. 96, 4th Series Effective Date : 11-11-82 Subd. 5. Performance Standards . A. Acceptable Building Materials. (For applicable provisions , see Section 11. 60, Subdivision 5) . 3. Required Parking Setback. (For applicable provisions , see Section 11. 60, Subdivision 6) . C. Landscaping Requirements. (For applicable provisions , see Section 11 . 60, Subdivision 7) . D. Screening. (For applicable provisions , see Section 11. 60 , Subdivision 3, Subparagraph D) . 1. Roof Top Facilites . (For applicable provisions, see Section 11.60, Subdivision 3, Subparagraph 0, Item 1. 2. Parking Areas. (For applicable provisions, see Section 11. 60, Subdivision 3, Subparagraph D, Iters 2) . 3. Outdoor Storage and Trash Handling . (For applicable provisions , see Section 11. 60 , Subdivision 3 , Subparagraph D, Iters 3) . 310-7 (12-1-89) 5--i c Lk - 4 7/f .� cteevi.e,_ Q (; f-i 14nt‘ial Ve`Y‘d<A-- •it44:=3 s 4- 64` , S-f o—•— his LL - ? LRcr - �'� � RU /O 0 cZ. P- f2i• 5 ; /0/ Luh ' 100 4-1,144 ;; . LI'LCC) OBST 1OBUTIIUVG 11 o . 0 0 y 1438 Maras Street .. ; }jf ; :-- - Shakopee.MN 55379 .....4...i.---..,.,„.—...,-.:.....- . �a . :.-., .. ._ ....z ..... -- -1 • F . . (612)445-9222 .,- ''''-'-rr_i__,L7/...7'-ii----' • k 72-.3,,--, -. ------:-4,,..-.-._ ..:.:;--..4%,:- : _. .., -: .r1 2 . - >. <c ,,. :.-.2:;k:".. ..-I!':`,4!;_ 1t ._ .G_.: , _ .`Li=: 3 .----:;i:;,,,;- . -,- __. src 9E r-7 E _ - . rnti. - .1....:-s. ,. G - r . - Arl" 19 "- �, " ? __._VCs�s - - •'-Q.. .:_cw .!`: rs : .s>rsrpi -.23I �: 93Y-•.._ - -..:v . � ._.-.�_>._ . -... •- r.rrm�x,tesr'"' evq.u.x-:-,- . 1-5.! .-_....`�.... . :.F.e,Ef.isR. .?y_".....^a+.au1171 .+-:"gp .... _!ae... _!s IM,'' ,.....,t,--t;24,74,.. ' _- `-7,.- "'N�E ... ��.: . 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We would like-Ito make application to -have the zoning changed -,',.---------.---------------• • •qy¢(-fX•nlf K..0. - in I-1 , light industrial to read as . follows: - - r. •: - -- "-. fir,- ` �•.--.-- ^".r`.- ,;;_ •-.7-4-4. 1-r-! . ..Myr'.,.. .. - •-+ r,. $ ,_-r'S_ ',5.t,� - -. .-' . __ Retail sales and displays__in__front--yards when_necessary _ 'to "a permitted principal use"`carried =on in a =structure _ _...._. - ..r„F located on thepremisesbute `area so .-used :hail not l exceed 15 percent-of -the floor�-area--of� saidprincipal- structure. _ "" = - ro j`.•.��� �.. :.a-: __Y _ '-. ._. �1_C_ �.2 Yatac err;� _ ..r .. v.a....`t� - The above '-languageed fn Sec 1.1 =13: `Heavy i-Inds strial'(I-2)---4c-!_i!-f#1" Subd 3 (�I) _ , _ T�- ;Z . , : M •_ w.G ..c... �.__.._. . .tet:._-s+.se-�•.1+'.- . In,_addition, we, woul also 7. Pike to-- e==-adre �y czty°cam 2&ii -.,meeting agenda_to rec ify this=<mat er. -_-• - -- • - 1 .- PFease '`no ifyme ;upoa'ecei• of"thtislfe ,s - hattlfiext ct=io -:.'f .,,,.1...v-- -...�.•. - - - 5t Sincere/it- _ . _____-_ _ - - -- - --- —— -- s r fti�'sl'EL t+ vse `4-� JG .. : - - _ v—. y. ... ..... - _a Y.. _. .__ - _ -. .. .,..-.'4 _+t+c. _r+ter -r, : r , . 1,...i.-•;. r*4:4—_ ..._ _ ,.tom-. ..� . _ . . . _ • .... __ _. _. .ice:-..„,. ._. - ... _ _ -�- �wti^ ,� -- .... ,..,.„ _ . . . . . _ ._. _ . . _. m . e� -: _-=:. rte- , , _ . , .. ,.. _ - _ .____ �, -- . _. ..Iw- wn � rw�r�r� .-Ala11.11.M . ir--w#'---r; ---- - s--x -5' 3 C 2 c 11'- ` d- (ct- [-vs 'ru h1;,,jeasQ�— C20,, Ik4-410‘44. S ct0.fa'3i . `. ado ft i r �a�n�i,crg 4- S-�-u. .;,r. tAJ,fid,, ays-/- _ ti&AA" 1i R.Ad-Z)tcvi ._1! geei -- �'U �-,, , -i c115-Li--'0 . ( �-f __, C:. . , C _mow _...1--;---.-.- -. - /G.G%, __ .. _______ _ __ _____.....____________ _______________ , , ,. RON'S AUTO SALES !____: SINCE 1965 n i c!��//o z of ZE44tifup Cat — LATE MODELS - CLASSICS & RESTORATIONS i 1428 MARAS STREET SHAKOPEE, MINNESOTA 55379 RON THIEBAUD 612-445.1598 BUS. _ _ _ 447-1353 RES. 1 EXHIBIT E SHAKOPEE TOWING 1803 EAGLE CREEK BLVD. SHAKOPEE MN. 55379 MAY 6, 1993 City of Shakopee City Hall Shakopee,MN 55379 Dear Planing and Zoning commission I understand that there is a request to amend the permitted uses within the light industrial district. I am writing this letter in support of this change. I would like to start a new business at my location, And I am encountering difficulties with the current state and city zoning requirements. Sincerely DuWayne Ege ri EXHIBIT F t ...., ci Il Vail NLV.1 •••••:,:. -0. 1. ‘.. • r ...-- . ... , • -.• : , ,.., .. • . 01 ... A i . • ' s.; i: 1 s' \ . . I , - ' • •,\ e , . .. --..........t. < fil \ . 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' :,.e k', ` • cue , L._ is_ t • - .r. -— i...: =3 �L-' • E fillimii .0 ,. ..,..=_,...., 1x .. /. z_%., ..,IN. . .A. . /. ., . • : .. • 1.._______:ii.... ..... : ......,_:_i_ _. .._-----_. . .....i • • . , u i • :rte • g IIS t' ' � _. , iiyil 1 �\ �� ATTACILMEENT 2 MEMO TO: Shakopee Planning Commission FROM: Terrie Sandbeck, Assistant City Planner RE: Ordinance Amendment for the Light Industrial (I-1) Zoning District - Additional Conditional Use Provision DATE: June 30, 1993 INTRODUCTION: Mr. Marlowe (Chris) Anderson, Mr. Burdette Booth, and Mr. Ron Theibaud have submitted a request for an Amendment to Section 11. 32, Subd. 3, Conditional Uses within the Light Industrial (I-i) Zoning District. They are requesting that the City amend this portion of the Zoning Ordinance to add retail sales when necessary to a permitted principal use as a Conditional Use within the I-i Zoning District. The Planning Commission held the public hearing at their June 3 , 1993 , meeting, but tabled the decision regarding this request to the July, 8th meeting to allow for an inventory of businesses within the Maras Street area to be completed. BACKGROUND: The applicants each operate a business on Maras Street. (See Exhibit A. ) - Mr. Marlowe (Chris) Anderson operates Leeco Distributing, Inc. ; Mr. Ron Theibaud operates Ron's Auto Sales; and Mr. Burdette Booth operates Kar Kraft. Each of these operations is in the automobile sales business and each is in danger of having their Used Dealers license revoked by the Dealer's Unit of the State of Minnesota Department of Public Safety. They are requesting the amendment to allow them to apply for a Conditional Use Permit to allow retail sales when necessary to a permitted principal use. Please refer to the previous staff report and the Minutes from the June 3rd meeting for additional background information. DISCUSSION: At the June 3 , 1993 , meeting of the Planning Commission, the applicants provided a video of many of the existing businesses within the area, and expressed their concern that there were several businesses in the I-1 zoned Maras Street area which operate as retail businesses. The Planning Commission tabled their decision regarding this request to the July, 8th meeting to allow for an inventory of businesses within the Maras Street area to be prepared. Attached as Exhibit A is a copy of the inventory of businesses in the Maras Street area. The businesses in the inventory have a mix of operations. Several of the businesses operate some form of automobile sales, service and/or repairs. For example, there are auto body and engine shops whereas some businesses store and sell vehicles. There are also trucking companies, specialty contractors, and other assembly/storage operations. A majority of the businesses utilized an extensive amount of outdoor storage. A list of business names and addresses is included with the map in Exhibit A. The specific text amendment request is to amend the I-1 district regulations to add retail sales when necessary to a permitted principal use carried on in a structure located on the premises, with an area not to exceed 15 percent of the floor area of the principal structure. This provision is currently in the Heavy Industrial (I-2) district regulations. The City Attorney has commented that the existing wording in the retail sales portion of the Heavy Industrial (I-2) Zoning District is unclear. Adding the existing retail sales provision to the I-1 district could further confuse the retail and wholesale issue. A consultant has recently been hired to develop the updated ordinance, and information relating to the retail sales issue in the industrial districts has been forwarded to the consultant. The new provisions in the updated ordinance will better address the retail and wholesale issues. The Planning Commission could direct staff to include consideration of the retail sales issues and/or the creation of a Heavy Commercial zoning district into the Zoning Ordinance update. In the development of the 1990 - 2010 Comprehensive Plan, a new land use category, called Heavy Commercial, was recommended to be implemented for several areas in the City including the Maras Street area. This new land use category proposed several automobile related uses including truck, bus, recreational vehicle, and automobile sales; automobile body shops; and truck repair. The Heavy Commercial category would also include lumber yards warehousing, light industry, and salvage yards. It states that special zoning controls should be enacted to protect nearby properties from the effects of these activities. In contrast, the "Commercial" land use designation includes retail and service businesses which sell primarily to individual customers, but not to other businesses (wholesale trade) . It does not include manufacturing, warehousing, trucking, or businesses which utilize extensive outdoor storage of goods or materials. Commercial land use designations include the Highway Business (B-1) Zoning District, the Community Business (8-2) Zoning District, and the Central Business (B-3) Zoning District. At the June 3 , 1993 , meeting, the Planning Commission requested information on the progress the City has made in obtaining the Maras Street right-of-way. The City Engineer informed staff that the City has been attempting to obtain this public right-of-way for Maras Street for some time. Currently, all property owners have dedicated the right-of-way except for two property owners. Both of these owners are in favor of dedicating the right-of-way, but each has been delayed for legal reasons. It is the City Engineer's desire to obtain the remaining right-of-way by the end of 1993 . He is currently in the process of updating the 5 year Capital Improvements Program and will be requesting that the upgrading of this road be included in the 1994 street projects. ALTERNATIVES: 1. Recommend to the City Council denial of the application for a text amendment to Section 11.32, Subd. 3 , to add retail sales when necessary to a permitted principal use as a Conditional Use within the Light Industrial (I-1) Zoning District. 2 . Recommend to the City Council approval of the application for a text amendment to Section 11. 32 , Subd. 3 , to add retail sales when necessary to a permitted principal use as a Conditional Use within the Light Industrial (I-i) Zoning District. 3 . Request that staff include the retail/wholesale issues and consider the creation of a zoning district which would allow the heavy commercial mix of uses in the Zoning Ordinance update process. 4 . Table the request to allow staff or the applicant time to submit additional information. RECOMMENDATION: Staff recommends Alternatives No. 1 and 3 . ACTION REQUESTED: 1. Offer a motion to recommend to the City Council denial of the application for a text amendment to Section 11. 32, Light Industrial (I-1) Zoning District, to add the following to the list of Conditional Uses, and move its approval: O. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the floor area of said principal structure. 2 . Offer a motion to request that staff to include the retail/wholesale issues and consider the creation of the Heavy Commercial district in the Zoning Ordinance update process, and move its approval. INVENTORY OF EXISTING BUSINESSES MARAS STREET AND SURROUNDING AREA AS OF JUNE 1993 1. County Road 18: A. West Side- a. 1410 CR 18: "Hanson's Ranch,Hayrides,Sleigh Rides,Saddle Horses"(Freestanding). b. No Address: Vacant Land. "535 Acres For Sale" (Freestanding Sign). e. No Address: Vacant Land. (No Signs) d. Residential Homes. B. East Side- a. 1511 CR 18: "Princess Marble, Cultured Marble and Granite" (Freestanding sign). 1513 CR 18: "Resler" (Sign on mailbox). b. 1475 CR 18: "Premier Fleet Services" (Wall Sign). 1451 CR 18: "West Suburban Utility Contractors, Inc." (Wall Sign). 1451 CR 18: "Northwest Asphalt" (Wall Sign). c. 1425 CR 18: "NU STAR" (Wall Sign). d. 1393 CR 18: "Prairie Line, Inc., Liquid and Dry Bulk Trucking" (Freestanding Sign). 2. 13th Avenue: A. North Side- a. 8855 13th Ave: "Backstretch RV Park and Campground, Entrance" (Sign on fence). B. South Side- a. No Address: Vacant Land. "Lots for Sale, Call 445-8615" (Freestanding Sign). b. 8800 13th Ave: "Valley Paving" (Sign on Door). 8810 13th Ave: "Outdoor Environments, 496-1000, Landscape-Irrigation, Landscape Management" (Freestanding Sign). c. Maras Street: Off-site signs at the entrance to Maras Street: 1) Arden Group, etc. 2) Q Carriers. 3) Donovan's Repair. d. 9099 13th Ave: "Highway 101 Auto Salvage, Inc." 3. Maras Street: A. East Side- a. No Address: "DKH, Inc., Excavating, Site Grading, Residential" (Wall Sign). b. 8959 13th Ave: "Q Carriers, Inc." (Wall Sign). c. 8973 13th Ave: "THEINWELLCO.,8973 13th Ave.East"and"Auto Repair"(Wall Signs). d. No Address: Vacant Land. (No signs). e. No Address: One-Way Sweeping. (No signs). B. West Side- a. No Address: Vacant Land. (No signs). b. 8807 13 Ave: "Quality Coach Auto Body" (Wall Sign). c. No Address: "Donovan's Repair" (Wall Sign). d. 1438 Maras: "Leeco Dist. Co." (Freestanding Sign). 1428 Maras: "Ron's Auto Sales, 445-? (Wall Sign). 1432 Maras: "TBK Auto Body Repair" (Wall Sign). 1444 Maras: "Kar Kraft" (Freestanding Sign). e. No Address: Use Unknown. (No signs). f. 8990 Maras: "Zack's, 8990 Maras" (Sign on Door). g. No Address: No Structure or Signs. Land used to store pallets. •z,./.4 1 i g 3 ai // � � o i 6 • 1 z d Z M • •�ti 0 ° fw %7 - -- ------ x H A _te a !' Y .q j7 a ,� 1 4) ti) I — mc ' ' i -- rfr :• - lc • 174*• ' —.0•l ... ,.., , , 41 .P 11);.-..0..: M M O ----. d �• i int ' ..i.e W 5 i I 0 mt? C) 'IC .-5 Ci - 14*j..-. 7 ! § kd i in-' 3 co) *1 I: 28 '''-'' a c , ,c - , • 1 : 1 ‘ - • • 4p •.. . , . i in 4J ,.. ! . .., l . : q ,..o... I ?. i: i S - I ,-ti i#A,. ;' g _ : ,_____ si.• dli..:-. • .1 : Ai ms ,,, --?) ...C.11- .ore Ct: . I . ik . 41..t .. f. -' - ,. - _ i. op soh. .i ii„,.. 4,, .,„. ...,.... A II,- u : : �r- _ .4, .,.... .-...„.,..__ . *--g-, i rt . .z. , , �� VV,VVI ,n •n • - 11 • • in— . g :1 — o Z ! o : : 3 +, I I I d 0 _ J -."._ .- ------ 1 1::ei In1 • t I 8 . . • . . '---11:?1•Z` 1 , rat ...:. il 1 raitt k 4 • i i . . „I5-.4 ..1 i f ,--- --- — -- ..- c _ r. 1 i g I v • , /- }yr : 1 .1 i (2 i 7.:-. 1 i 4; • , I --. - v , .. mi -1 . , 1.' iv _ . . 0 ,,,..,' ,A, f I �. ) 1 Ij. . s .. t,1 „. ci . .. • oit ' ` • I I pi � ti1 oli �� . - ....... 11›.. lir- IL 7:-....." 1 1 • .. . . . U : : I.. ...'''....'...'''' ... • 0 . { ADVERTISING RESEARCII A. Shakopee Valley News July 1, 1993, Edition 1. Donovan's Repair and Maintenance (Maras Street). B. U.S. West Direct Yellow Pages - 1991 1. Listed Under "Automobile Body Repairing and Painting": a. TBK Auto Body Repair/Action Frame (1432 Maras Street). b. Dave's Collision and Paint (1513 CR 18). c. Quality Coach Auto Body (8807 13th Ave. E.). 2. Listed Under "Automobile Dealers - Used Cars": a. Leeco Distributing (1438 Maras Street). 3. Listed Under "Automobile Parts & Supplies- Used & Rebuilt": a. Hwy 101 Auto Salvage, Inc. (9099 13th Ave. E.). 4. Listed Under "Automobile Repairing and Service": a. Anderson Automotive Repair (8973 13th Ave. E.). 5. Listed Under "Truck Repairing & Service": a. Premier Fleet Services, Inc. (1475 CR 18). 6. Listed Under "Trucking- Heavy Hauling": a. L & D Trucking (1513 CR 18). 7. Listed Under "Trucking- Liquid or Dry Bulk": a. Prairie Line, Inc. (1393 CR 18). 8. Listed Under "Trucking- Motor Freight": a. Minnoka Transport, Inc. (8990 13th Ave.). b. Q Carriers, Inc. (8959 13th Ave.). 9. Listed Under "Trucking Transportation Brokers": a. Hanson Management, Inc. (8925 13th Ave.). 10. Listed Under "Transmissions- Automobiles": a. Anderson Automotive Repair (8973 13th Ave.). 11. Listed Under "Landscape Contractors": a. Outdoor Environments, Inc. (8810 13th Ave.). 12. Listed Under "Paving Contractor?: a. Dakota Blacktopping (1746 CR 18). b. Griepp Arden & Son Blacktopping (Shop: 8854 13th Ave.). c. Griepp Dale & Sons Best Blacktop Co. (Shop: 8854 13th Ave.). d. Northwest Asphalt, Inc. (1451 CR 18). -1- Page 2 Advertising Research Maris St-& Surrounding Area C. 1991 GTE Sun Community Directories, Inc. - Yellow Pages 1. Listed Under "Automobile Body Repairing and Painting": a. Jim's Body and Paint (8868 13th Ave. E.). b. Quality Coach Auto Body Shop (8807 13th Ave. E.). 2. Listed Under "Automobile Dealers- Used- Cars - Wholesale": a. Burnsville Auto Sales (8854 13th Ave. E.). 3. Listed Under "Truck Repairing & Service": a. Premier Fleet Services, Inc. (1475 CR 18). 4. Listed Under "Trucking- Contract Haulers": a. L & D Trucking (1513 CR 18). 5. Listed Under "Trucking- Motor Freight": a. Q Carriers, Inc. (8959 13th Ave.). 6. Listed Under "Landscape Contractors": a. Outdoor Environments, Inc. (8810 13th Ave.). 7. Listed Under "Paving Contractors": a. Arden Griepp & Son Blacktopping (Shop: 8854 13th Ave.). b. Booth, Donald J. (1746 CR 18). c. Valley Paving, Inc. (8800 13th Ave.). 106 MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Request for an Amendment to Section 11. 32, Subd. 3 Conditional Uses within the Light Industrial (I-1) Zoning District, from Universal Forest Products DATE: July 14, 1993 INTRODUCTION AND BACKGROUND: At the June 15, 1993 , meeting, the City Council approved a motion to direct staff to prepare the appropriate ordinance amending Section 11. 32, Subd. 3, Conditional Uses within the Light Industrial (I-1) Zoning District, to include wood preservation facilities as a Conditional Use. DISCUSSION: A copy of the draft ordinance has been attached to this memo. As drafted, wood preservation facilities would be added to the I-1 district as a conditional use. In permitting new conditional use permits the Planning Commission may require additional conditions which it considers necessary to protect the interests of the surrounding area or the community as a whole. Four requirements have also been included with the ordinance amendment to promote further land use compatibility and to protect the environment. Subd. 7 . I , Section 11. 04 requires an affirmative vote of four- fifths of the City Council for passage of amendments to the zoning map or text. ACTION REQUESTED: Offer Ordinance No. 359 , and move its adoption. ORDINANCE NO. 359, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, LAND USE REGULATION (ZONING) , SEC. 11. 32 . LIGHT INDUSTRY (I-1) , BY REPEALING SUBD. 3 , CONDITIONAL USES, AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 11, Land Use Regulation (Zoning) , of the City Code Sec. 11. 32, Light Industry (I-1) , is hereby amended by repealing Subd. 3 , Conditional Uses, and enacting one new subdivision in lieu thereof, which shall read as follows: Subd. 3. Conditional Uses. Within any Light Industrial District, no structure or land shall be used for the following uses except by conditional use permit: A. Assembly/storage of: 1. Apparel. 2 . Food products. 3. Glass. 4. Leather. 5. Pottery. 6. Lumber and wood products. 7. Paper products. 8. Rock and stone products. 9. Textiles. 10. Tobacco products. 11. Fabrication metal products. 12 . Machinery and appliances. 13. Transportation equipment. B. Commercial recreation. C. Residential accessory. D. Heliports, airport. E. Bus and truck maintenance garages. F. Railroad operations. G. Mining and excavating industries. H. Landscaping services. I. Storage of coal, gas, junk, salvage, scrap metal, paper and rags. J. Repealed. K. Structures in excess of 45 feet in height. L. Animal hospitals and veterinary clinics. M. Class I day care facilities. N. Class II day care facilities when not located in the home of the day care provider. O. Wood preservation facilities, provided that such use: 1. Is on a site with a minimum of 15 acres. 2 . Involves a non-odorous type of preservative. 3. Is entirely contained inside one or more buildings. Storage of treated or untreated wood is allowed outdoors, if it is stored on impervious surfaces and does not create a nuisance or pollution. 4. Meets all health and pollution control provisions of the State. Note: The underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11. 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. 3 Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1993 . [11. 32] 4 DC. MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner Proposed Zoning Ordinance Text Amendment Additional Uses For The Racetrack District Ladbroke Company DATE: July 16, 1993 INTRODUCTION: At their meeting on July 8, 1993 , the Shakopee Planning Commission recommended approval of a request by the Ladbroke Company to amend the Racetrack District (RTD) regulations in order to allow additional permitted uses to occur within this zoning district. BACKGROUND: Ladbroke is requesting the following uses to be added to the RTD as permitted uses: 1. Outdoor amphitheater for concerts and festivals. 2 . Convention and conference centers. 3 . Indoor hockey facilities. 4 . Community Centers. Attachment 1 is a copy of the staff report to the Planning Commission from their July 8, 1993 meeting. Exhibit A is a copy of a letter recently received form Mr. Walter Wittmer of Valleyfair. DISCUSSION: A copy of the draft Ordinance No. 358 has been attached with this memo. The draft ordinance has incorporated the four proposed uses into the appropriate Uses Permitted (Subd. 2) and have been underlined in the text. Included with the proposed outdoor amphitheater are seven additional requirements. These requirements are intended to promote land use compatibility between the RTD and surrounding areas in the community. These requirements and other site planning standards will be incorporated into the planned unit development review process. ALTERNATIVES: 1. Approve Ordinance No. 358 . 2 . Modify proposed Ordinance No. 358 and move its adoption. 3 . Deny proposed Ordinance No. 358. 4 . Table the decision for further study and direct the applicants to submit further specific information items. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended Alternative No. 1 . ACTION REQUESTED: Offer Ordinance No. 385 , and move its adoption. ORDINANCE NO. 358, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, LAND USE REGULATION (ZONING) , OF THE CITY CODE, SECTION 11.36, RACE TRACK DISTRICT, BY DELETING SUBD. 2, USES PERMITTED BY PLANNED UNIT DEVELOPMENT (PUD) , AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 11, Land Use Regulation (Zoning) , of the City Code, Section 11. 36, Race Track District, is hereby amended by deleting Subd. 2 , Uses Permitted by Planned Unit Development (PUD) , and enacting one new subdivision in lieu thereof relating to the same subject, which shall read as follows: Subd. 2 . Uses Permitted by Planned Unit Development (PUD) . Within the Race Track District, no structures or land shall be used except for one or more of the following uses, which uses shall be permitted only hy PUD and subject to all stated conditions: A. A licensed Class A race track which includes the following accessory uses, activities and facilities: 1. Commercial recreation. 2. Employee housing and dormitories. 3. Food and drink concessions, program sales, etc. ' 4. Horse auctions. 5. Horse barns. 6. Horse racing. 7. Horse training, grooming and exercise facilities. 8. Maintenance facilities and equipment. 9 . Off-street parking facilities. 10. Parimutuel wagering. 11. Private clubs. 12 . Printing and publishing facilities for race track related purposes. 13. Race track administrative offices. 14. Signage. 15. Class I day care facility with an approved PUD Class II day care facility not allowed. 16. Commercial storage of boats and recreational vehicles - both interior and exterior. 17. Antique, craft, flea, and bargain markets. 18. Product shows for cars, boats and home. B. Clubs and lodges including fraternal organizations, YMCA's and YWCA's. C. Minor commercial recreation including but not limited to the following: 1. Bowling alleys. 2 . Golf courses. 3. Miniature golf courses. 4 . Roller skating rinks. 5. Water slides. D. Community park, recreation and open space uses [which do not conflict with race track operations] , including indoor hockey facilities. E. Essential services. F. ' Health and athletic clubs. G. Horse care uses including boarding, training, showing, grooming and veterinary clinic facilities. H. Hotels, motels and conference centers including such customary accessory uses as internalized retail and entertainment facilities provided such uses: 1. Are an integral part of the principal use; 2 . Have no entrance except from within the principal building; 3 . Display all internal signage on the ground floor level of the building; and, 4 . Occupy not more than 25% of the ground floor area. 2 I. Light industrial uses but specifically limited to office-showroom, corporate offices, research and development laboratories, warehousing and light assembly type maintenance. J. Offices: Business, corporate and professional. K. Public buildings, including community centers. L. Restaurants: Class I and II but excluding fast-food and drive-in restaurants. M. Signage as permitted by Section 4 . 30 of the City Code. N. Customary Accessory Uses. O. Outdoor amphitheater for concerts and festivals, provided such uses: 1. Specify a maximum attendance in the PUD and limit ticket sales to that maximum. Adequate parking, permanent sanitary facilities, ingress, egress, and on-site medical facilities for the maximum allowed attendance must be provided. 2 . Provide a traffic impact analysis and an adequate traffic management plan. 3 . Limit noise levels to the more restrictive of (a) the Minnesota Pollution Control Agency standards, or (b) L(50) of 60 dBA and L(10) of 65 dBA between 7 : 00 a.m. and 10: 00 p.m. ; and L(50) of 50 dBA and L(10) of 55 dBA between 10: 00 p.m. and 7: 00 a.m. Permanent noise monitoring devices satisfactory to the City shall be installed. 4 . Provide for adequate security arrangements, as approved by the City including the Chief of Police. 5. Provide other health and safety measures as required by the Planning Commission, such as pest and litter control. 6. Prohibit use of airspace, including helicopters, after dusk except under emergency conditions. P. Convention and conference centers. Note: The bracketed language [thus) is deleted; the underlined language is inserted. 3 Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11.99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: (irALLAwIEMWEEty Attorney 4 Published in the Shakopee Valley News - the day of , 1993 . [11. 36] 4 TEL No . Jul 15 ,93 7 :39 P .02 EXHIBIT A - 4 . 11.11 =��.. �.�. �!C _i•..•• gib I. b. aikit Family Amus- ent P Rk One Valleyfair Drive,Shakopee,MN 55379 (612)445-7600 TDD(612)445-1364 Fax(612)445-1539 • • July 15, 1993 • To: Shakopee City Council • Although I, along with many others, wish that Canterbury Downs would be successful as a horse track as originally intended, it appears as if this cannot be the case. • Accordingly, I feel that the facility should be used in some capacity that bene- fits all concerned parties and can contribute to the tax base of Shakopee. I believe that an Amphitheater would be successful at this location and that sound, light, and traffic concerns could be handled by a dedicated and experienced management team. • Sincerely, alter Wittmer Vice President/General Manager • • • • • • • • 4 ./ ATTACHMENT 1 MEMO TO: Shakopee Planning Commission FROM: Lindberg S. Ekola, City Planner RE: Proposed Zoning Ordinance Text Amendment Additional Uses For The Racetrack District Ladbroke Company DATE: July 2, 1993 INTRODUCTION: The Ladbroke Company has submitted a request to amend the Racetrack District (RTD) regulations in order to allow additional permitted uses to occur in this zoning district. BACKGROUND: A copy of the letter from Mr. Richard Reichow of the Ladbroke Company has been attached to this memo as Exhibit A. Ladbroke is requesting the following uses be added to the RTD as permitted uses: 1. Outdoor amphitheater for concerts and festivals. 2 . Convention and conference centers. 3 . Indoor hockey facilities. 4 . Community centers. Exhibit B is a copy of additional material submitted by Ladbroke. The document provides a general introduction to the proposal for an amphitheater and multipurpose entertainment center at Canterbury Downs. Representatives from Ladbroke will be at the July 8 Planning Commission meeting to provide additional information and answer questions on the proposed uses. Exhibit C is a copy of the RTD regulations (Section 11. 36) . The RTD regulations list fourteen (14) permitted uses. The proposed uses are not currently a part of the permitted uses for the RTD. On October 20, 1992 , the Shakopee City Council adopted Ordinance No. 342 which added the following permitted uses as accessory to a licensed Class A Racetrack (Section 11. 36, Subd. 2 .A. 16-18) : 16. Commercial storage of boats and recreational vehicles, both interior and exterior. 17 . Antique, craft, flea and bargain markets. 18 . Product shows for cars, boats and home. Canterbury Downs covers a majority of the RTD zoned land in the City. There are approximately 575 acres within the RTD. The racetrack site covers approximately 390 acres. Exhibit D illustrates the RTD zoned area and properties owned by Ladbroke. 2 In 1986, a land use study was prepared for the racetrack, which had been completed in June of 1985, and the surrounding area. Narrative from the study provided the following background: Other than traffic problems, the racetrack has had a very positive impact on the City of Shakopee. It has heightened the City's image within the metropolitan community and the State of Minnesota and it has stimulated the growth of existing City businesses. It has also stimulated land speculation within the community to such a degree that the City has been inundated with development inquiries and requests for rezoning to accommodate hotels, motels, restaurant and associated commercial development. Because the only land properly zoned for these uses near the racetrack is in a single ownership, a great deal of pressure was put on the City to open up development opportunities for other adjacent landowners. In response to landowner concerns, the City Council appointed the Racetrack District Land Use Study Committee and appointed money for the planning consultant services. The purpose of the Racetrack District Land Use Study as defined by the City was to determine whether compatible commercial activities should be permitted in the vicinity of Canterbury Downs, to prepare a land use and transportation plan for the track's environs, to develop a special racetrack zoning district such as a planned unit development district and, to establish the boundaries of such a special district. Exhibit E is a copy of a map from the Land Use Study which illustrates the Racetrack and surrounding areas. Several notes on visual or perceptual images were made on this map. Surrounding land uses to the racetrack include single family residential to the south of CR 16, mixed commercial-light industrial to the southwest, vacant multi-family residential to the west, vacant industrial to the north and heavy industrial uses to the east. Please refer to Exhibit E. The City Council adopted the RTD regulations and amended the zoning map to include the RTD zoned properties in 1986 as recommended in the Land Use Study. The regulations were intended to guide the development of the Racetrack and surrounding properties. A mandatory planned unit development (PUD) review requirement was established for the RTD and properties to the west. Please refer to Exhibit D for the boundaries of the RTD and mandatory PUD area. 3 DISCUSSION: The draft 1990 - 2010 Comprehensive Plan did not anticipate changes in the gambling and entertainment industry which has resulted in the decision by Ladbroke to close the racetrack. Therefore, the Comprehensive Plan provides limited direction for the future development of the racetrack and surrounding properties. On March 2 , 1993 , the Shakopee City Council directed staff to address the zoning issues facing the RTD. Staff is currently in the process of preparing a Land Use Plan for the East Shakopee Transportation Study Area, which includes the RTD. A PUD has never been processed for Canterbury Downs since the track was constructed prior to the adoption of the RTD ordinance in 1986. Since that time frame, the owners of the racetrack have not requested any significant approvals from the City which would trigger the PUD process. Although the RTD regulations require a mandatory PUD, it is presently unclear when the PUD process would be required for the racetrack site. Therefore, staff would suggest that language be included with a text amendment (if it is recommended for approval) clarifying what would trigger the PUD review. Staff believes that any of the four proposed uses would be of a significant change in use of the racetrack site to warrant the PUD review. The PUD review process is intended to encourage innovation in the planning of larger parcels of property. Through the PUD process greater development compatibility and efficiency in the use of land can occur. The City can impose additional conditions necessary to guide the development in the PUD process. The conditional use permit process is another project review alternative available if the proposed uses are added to the RTD. Currently, the RTD does not have any conditional uses listed. If the proposed uses are recommended for approval, further consideration should be given on which review process (PUD or CUP) would be most appropriate. Amending the text of the RTD regulations to require that the proposed uses to through the PUD or CUP processes will not insure that an amphitheater or the other proposed uses will be approved. The proposed uses by the applicant vary in their potential impacts on the surrounding properties and the community as a whole in terms of land use, transportation, demand on City services, etc. In addition, the intensity of each proposed use can vary in terms of the size of the particular facility. For example, a conference center could be sized to support one or several events concurrently. A specific proposal identifying the magnitude for any of the four proposed uses has not been submitted by Ladbroke at 4 this time. The following discussion introduces the proposed uses and some staff comments: 1. Outdoor amphitheater for concerns and festivals - Issues needing to be further addressed include noise, traffic, security, economic impacts, crime, litter and trash, liquor control and impact on property values. An amphitheater would represent a significant change in use of the property and needs to be thoroughly evaluated. 2 . Convention and conference centers - Staff is of the opinion that convention and conference center uses could work well with the existing RTD district. Depending on the magnitude of the operation traffic likely would be one of the major concerns. Traffic issues could be appropriately dealt with through the PUD or CUP review processes. 3 . Indoor hockey facilities - The impacts of a hockey facility would likely center on traffic concerns. Again, traffic issues could adequately be resolved through the PUD or CUP review processes for these types of uses. 4 . Community Center - Staff would recommend that this use not be included with the RTD. Staff believes that community centers should be located in closer proximity to the population base for the community. A central location is essential for a community center. Staff has contacted the Minnesota Environmental Quality Board (EQB) to discuss the environmental review requirements for the proposed uses. An Environmental Impact Statement (EIS) was prepared for the racetrack in 1984. With the proposed change in uses, EQB staff has determined that the new uses should be treated as independent from the original racetrack EIS. Attached as Exhibit E is a copy of a table from EQB which defines the thresholds for environmental review for entertainment facilities. An EIS would be required for an outdoor entertainment facility with an attendance of 20, 000 people or more. An Environmental Assessment Worksheet (EAW) would be required for facilities with an attendance of 5, 000 people or more. Of the four proposed uses the amphitheater use would likely have the greatest impacts on the community. If the Planning Commission determines that the uses are not appropriate for RTD, they may wish to recommend denying the approval of the text amendment to the City Council. 5 If the Planning Commission believes that additional information on the proposed uses is necessary in making a recommendation on the proposed text amendment, they should identify specific items or areas. Some of the additional information items could include but are not limited to: 1. Noise analysis of proposed uses including dB levels, duration, time frames. 2 . Seating capacities or numbers of facility users. 3 . Traffic analysis of proposed uses in daily volumes and peak flows on area streets and highways. 4 . Parking required. 5. Security measures and costs. 6. Financial impacts on the City. 7 . Impacts on area property values. 8 . On site lighting - locations, intensity, time frames. 9 . Environmental review - indirect source permit, automobile emissions. City staff has received letters from concerned citizens on the proposed amphitheater. Attached as Exhibit F are copies of the letters received to date. ALTERNATIVES: 1. Recommend to the City Council approval of all the proposed uses. 2 . Recommend approval of ice hockey facilities and convention and conference centers uses only. 3 . Recommend that none of the proposed uses be approved. 4 . Recommend that the PUD or CUP review processes be required for the proposed uses. 5. Continue the public hearing for further study and direct the applicants to submit further specific information items. STAFF RECOMMENDATION: Staff recommends alternative #5. A more thorough analysis of the proposed uses, especially the amphitheater in terms on impacts on the community should be taken prior to a decision on the proposed text amendment. ACTION REQUESTED: Offer a motion to continue the public hearing to the August meeting and direct the applicant to submit additional information and move its approval. 6 EXHIBIT A Ladbroke 4141111P"ir *1/;1-9 June 11, 1993 Shakopee Planning Commission c/o Mr. Lindberg Ekola 129 Holmes Street South Shakopee IvLN 55379 Dear Commissioners: As discussed in our letter to the Shakopee Planning Commission dated June 2, 1993, Ladbroke Racing Corporation, as owners of Canterbury Downs, would appreciate the opportunity to appear before the Commission at your July 8, 1993, meeting. At that time we will present our plans for the proposed redevelopment of Canterbury Downs into a multi-purpose entertainment complex. It is our hope to have as much information as possible accumulated to address what we understand to be the critical issues facing the commission and the Shakopee community at large. As we view the situation, these concerns fall into four major categories: 1. Noise abatement/impact. 2. Traffic control/impact. 3. Security (crowd/liquor control). 4. Financial impact. If there are other areas which we have not listed which you feel are significant for this first presentation, please let us know as soon as possible. We would like to reaffirm that the objective of this presentation is to propose an ordinance amending Section 11.36, Race Track District, to include the following as additional permitted uses within the Race Track District: 1. Outdoor amphitheaters for the presentation of: a. Outdoor concerts b. Outdoor festivals 2. Convention and conference centers 3. Indoor hockey facilities 4. Community centers Ladbroke Racing Corporation Foster Plaza 9. 750 Holiday Drive. Pittsburgh, Pennsylvania 15220 Phone(412) 937-4410 FAX(412) 937-4418 I L.'di,n.c;Gr.,up Con:NT Shakopee Planning Commission Page 2 June 11, 1993 It is not our intention to seek site approvals at this meeting; rather, we are seeking a show of support in concept for the uses by making the proposed zoning changes. This approval of proposed uses for the Race Track District will then allow us to expend the resources necessary to complete our planning and continue our presentations to you on a more specific basis, at which time we will seek site approvals. A point of interest to you may be that the City of St. Paul issued a request for proposals for a Riverfront Amphitheater on June 1, 1993. Their timetable as presented in that document would have the Council/HRA taking action on these proposals on August 23, 1993. We cannot stress enough the importance of a public statement of support by the City of Shakopee prior to that date in the event that you view this as'a benefit to your community. We would like to thank you in advance for considering our request; and we look forward to addressing your questions and concerns. We hope that this can be the first step toward revitalizing one of Shakopee's major attractions. Very truly yours, Ladbroke Racing Corporation By: „Z % Richard A. Reichow CFO RAR/pm EXHIBIT C SEC. 11.36. RACE TRACK DISTRICT (RTD). Subd. 1. Purpose. This mixed use district was created specifically for lands within and adjacent to the Canterbury Downs Race Track and it is the intent of the district to create a high quality environment with a high degree of land use compatibility and public street efficiency. It is further the intent of the district to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, to appropriately space accesses to the public street system and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered development on a lot by lot basis. Subd. 2. Uses Permitted by Planned Unit Development (PUD'. Within the Race Track District, no structures or land shall be used except for one or more of the following uses, which uses shall be permitted only PUD and subject to all stated conditions: A. A licensed Class A race track which includes the following accessory uses, activities and facilites: 1. Commercial recreation. 2. Employee housing and dormitories. 3. Food and drink concessions, program sales, etc. 4. Horse auctions. 5. Horse barns. 6. Horse racing. 7. Horse training, grooming and exercise facilities. 8. Maintenance facilities and equipment. 9. Off-street parking facilities. 10. Paramutual wagering. 11. Private clubs. 12. Printing and publishing facilities for race track related purposes. 13. Race track administrative offices. 14. Signage. 15. Class I day care facility with an approved PUD Class Il day care facility not allowed. 16. Commercial storage of boats and recreational vehicles - both interior and exterior. 1430 17. Antique, craft, flea, and bargain markets. 18. Product shows for cars, boats and home. B. Clubs and lodges including fraternal organizations, YMCA's and YWCA's. C. Minor commercial recreation including but not limited to the following: 1. Bowling alleys. 2. Golf courses. 3. Miniature golf courses. 4. Roller skating rinks. 5. Water slides. D. Community park, recreation and open space uses which do not conflict with race track operations. E. Essential services. F. Health and athletic clubs. G. Horse care uses including boarding, training, showing, grooming and veterinary clinic facilities. H. Hotels, motels and conference centers including such customary accessory uses as internalized retail and entertainment facilities provided such uses: 1. Are an integral part of the principal use; 2. Have no entrance except from within the principal building; 3. Display all internal signage on the ground floor level of the building; and, 4. Occupy not more than 25% of the ground floor area. I. Light industrial uses but specifically limited to office-showroom, corporate offices, research and development laboratories, warehousing and light assembly type maintenance. J. Offices: Business, corporate and professional. K. Public buildings. L. Restaurants: Class I and II but excluding fast-food and drive-in restaurants. M. Signage as permitted by Section 4.30 of the City Code. N. Customary Accessory Uses. 1431 Subd. 3. Lot Area, Width and Coverage; Buildinq Height, Yard and Access Spacing Requirements. A. Minimum Lot Size: One (1) acre. B. Minimum Lot Width: 300 feet. C. Minimum Yards: 1. Front: 50 feet 2. Side: 25 feet. 3. Rear: 30 feet (50 feet when abutting a residential area). D. Maximum Hard Surface Lot Coverage: 80%. E. Maximum Building Height 35 feet F. Minimum Access Spacing: No street or driveway entrance to a major street shall be located closer to another street or driveway on the same side of the street than as follows: 1. County Roads 83 and 16: Access limited to public and private streets only having a minimum spacing of 600 feet. 2. Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue: 300 feet. Subd. 4. Performance Standards. A. Acceptable Building Materials. 1. All portions or sides of buildings and all fences which are visible from a public street or abut residential or institutional uses or zones or places of assembly such as public parks or recreation facilities shall be constructed with durable, low maintenance, quality building materials. - 2. The following exterior building materials shall be deemed acceptable for the required portions or sides of the building and fences, if incorporated into an architectural design which is consistent with the standards established within the District face brick, stone, glass,wood, architecturally treated concrete, decorative block, cast in place or precast concrete panels. B. Minimum Landscape Requirements. 1. All plant materials used in the required landscaping of the Race Track District shall comply with the following minimum sizes: Major Deciduous: 2-12 inch diameter Ornamental: 1-112 inch diameter Coniferous: 6 feet in height Major Shrub: 5 gallon 1432 2. Landscaping shall be required in an amount equal to one (1) caliper inch per 500 square feet of building gross floor area. Credit may be given for existing quality trees using the same formula. 3. Landscape plans shall be required and shall be prepared by or under the supervision of a landscape architect They shall show types, common and botanical names, sizes, number and location of all plant materials. 4. No building permit shall be issued until the applicant shall file with the Building Official, a performance bond, or other guarantee acceptable to the City, in the amount of one and one-half (1-1/2)- times the cost of completing the required landscaping, said cost to be determined by the Administrator. The bond or other guarantee shall cover one calendar year and two complete growing seasons. C. Screening. The following must be screened: (1) roof-top facilities; (2) parking areas; (3) loading and service areas; and (4) outdoor storage. One or any combination of the following elements may be used to meet the screening requirements: site design, building design, grade separation, berrning, landscaping, fences,walls or other landscape features. 1. Roof-Top Facilities. (a) All roof-top facilities shall be either. (1) Totally screened from the eye level view from adjacent parcels and existing and planned public streets; (2) Painted to match or complement (3) Incorporated into an architectural design which is aesthetically compatible with the principal structure. (b) All materials used to screen roof-top facilities shall be aesthetically compatible with the exterior building materials of the principal structure. 2: Parking Areas. All parking which occurs within the required front yard shall be screened to at least the height of the headlights of the parked vehicles or three feet. The use of screening shall require at least two types of screening materials used proportionately at 60%/40%. One type of screening material may not be used for more than 64% of the required screening. 3. Loading and Service Areas. Loading and service areas shall not face directly on a public street Maneuvering and truck loading areas shall be at least 50% screened, to a height of four feet from the eye level from all roadways. 4. Outdoor Storage. All outdoor storage shall be screened to a height of six feet on the entire perimeter of the storage area by fully (100%) opaque fencing, berms, and/or continuous vegetation as approved by the Planning Commission. This screening must be maintained in a neat and attractive condition. 5. All required screening shall comply with the performance bonding requirements established for Landscaping, Subparagraph B of this Subdivision. 1433 D. Storage. The storage of all materials; semi-finished or finished products; trucks, business vehicles and equipment and waste products shall be within a completely enclosed building, except as follows: Outdoor storage of materials, semi-finished or finished products, trucks, business vehicles, and equipment as a customary accessory use may be allowed, provided that(1) no outdoor storage will be permitted within the required front yard setback; (2) no storage may exceed fifteen feet in height; (3) all outdoor storage items must be neatly placed, in an orderly and attractive manner, and (4) all outdoor storage must be reviewed and approved by the Planning Commission in the PUD approval process as in conformance with the language and intent of this Section. E. Existing Landscape Features. No tree removal of any kind shall be permitted in the Race Track District until a Final Development Plan has been approved by the Council. Grading shall be permitted only upon issuance of a Grading or Building Permit by the Building Official. Subd. 5. Variances. Variances may be negotiated within this District except as specifically restricted by Section 11.40, Subd. 4, A through F. Variances shall be allowed for access spacing (Subd. 3 F, above) only if the PUD proposal provides for a lesser number of accesses than would be permitted by strict application of this Section. Variances from Subd. 4, A through E of this Section, shall not be negotiated. (Ord. 204, July 31, 1986; Ord. 264, May 26, 1989; Ord. 328, January 30, 1992; Ord. -342, October 29, 1992) 1434 _i}.11.0,„)64 . . iiell ut:m 144 -- l'r 11- Ill • II' • \ -F,s3,-Woot3R-H-1-.-1. . ".--- .:. ,,...(11k.. ) - _ • ' • k-4 1 EL,',1 . I. - - • - ., )3 1 0 Kir, wal03 7333117:1 > t. .-Yi ' )_... _:._:...r.._./: .. di±:s ......:......... ti " IT] —I ! 1 s Ca N.)-+ 41.CA.)N)-.• 0 iii.„,.): . 0 . • .,.. e:fle.v.4./( 1... . 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AZ 1 ' ir tE IJIiI?• 0 0 0 i i m �F� C�RmSI i1 Co C7 1 1 ♦411,%/: ``� p P VIZ m>7 H " '1 1 �m—1 1 I �� �•• �9 mm — ` zm n qm •S I tn `� I •4. ` Z n8 z ,+ _ _ It '. m i T > ^ Arial1�1 I-71 3]Z \ 1 .. �o x n• I cai ` n t lel '� mn 1 F 1 nn m• X ` °` / (/)I- 1 o i — mx \ I \ °om ,a'01`/I Z D 1 N '1 �r 8 L1 r .,_,6 4.0%,..____ rD--rG ` o o 43 m�In 6_.47/ oD .. cZinnIQ ' !o -�till �� i,� o24 Z X-t 1' 0 . pp 1 1i',, ,:f i1 //,-,.e,, a�3\ ,3•.a ,�'�Y A /�jJ Li m ligc.in _ o r •— 1t —y, / / \ 0� cn m 1 4111241 5, 4.1 n. • jp*PiODO ®c�D O " LI 119 cu-- DHI@C � 4 UNE ROAD au a � le- rl.� ' CZIo N--- L77 —91 ) __, , •.-1 ��,_- 1_— -_ . , ,t\. o � xo ' �f V/3 7131 m i / .‘, -i y? o z 71 zlrnaG� o$ C D •ttr. 4. //1 1: \ D m00C> N I I ir \\ n Ry I =D u \ m 1 11. I oro : / \_ I r� c —7) D3 m p z .L �41r I AR 4 -b\oC j �ii c r- `. -1 z 9 9• 9F�B� 1 ..bo'. `,6 L t X X i n = SF > + m 0 r i 1 •• n 1 1 z .. . 1 z • ° 1 m 11 o 0 I 1 z o m /1 �% 9 in M `+ ti 1 r i til P m m s ). m I �J "0 I �F I- ..1N 1N� :>„ I �.,� z• o• D D z . -- $�— --il n n _ c (7) rn r- r-----[- ______ ,;00, /I - P*,• ,, --t '-1 1 LANE ROAD I, 'l --� IC . tt 0 I i' m D1 111 TO VALLEY FAIR-. \`' \ finnn1111 X 17 • EXHIBIT F Mandatory EAW Category Mandatory EIS Category Exemption Sports or Entertainment Facilities 4410.4300, subp. 34 4410.4400, subp. 22 None C.mstrucdon of a new sports or rosm'ammn,.nr C.zm coon of a new outdoor sports or facility designed for or expect i ro crertumne t facility designed for or ezaxed accommodate a peak agenda= of 5,000 or to .' mMatt a peak aaendance of 20.000 mom persons, or the expansion of an coasting or more ..soca or a new indoor mors or sports or ante,siam ^•f r- ty by this amovat. entertainm=facility designed for or exaeced (Local) to ac.^cmmodace a peak aeerdance of 3C,CCO or more persons,or the expansion of an exist g facility by these amoctnts. (Local) ■Notes A "sports or entertainment facility" it any facility intended for the presentation of snorts events or or various fonts of lunainnsent or amusement, and includes spore stadiums and arenas. racetracks, concert halls or amphitheaters, theaters.facilities for pageants or festivals (if other than temporary facilities rich are grandstands, ampgication systems. or lighting are to be constructed),fairgrounds, a utrement parr.. and roar. The common dement is the:az:rdtion of crge numbers of people within a limited period of tirre. The ntonber of participants in events to be presented is to be counted as part of the attendance. . • Water Diversions None 4410.4400, subp. 23 None Divaron of waters of tbe.ssase to an l�himare location outside the state in an amount aouai to or greater than 2,CCO,000 gallons per day, expressed as a daily average over any 30-day period (DNR) El Notes "Waters of the state" includes any waren.surface or underground,e.eept thane surface waters which are not confined but are spread and diffused over the land;all inland and boundary waters are includes. • 8,1086@ 55 EXHIBIT G Dennis Kraft May 28th, 1993 City Administrator 129 S. Holmes street Shakopee, Mn. 55379 Dear Mr. Kraft, I was dismayed to hear of the suggestion by Ladbroke officials to turn Canterbury Downs into an amphitheater. The citizens of Shakopee did not like the idea of an amphitheater five years ago, and I doubt they will now. 1, too, want to see that beautiful facility put to good use, but there must be something more suitable for our community. I hope we can look past the dollar signs and see the big picture down the road. I am concerned that the citizens of Shakopee would have to deal with additional traffic congestion, excessive noise and a probable increased crime rate. When heavy metal bands or rap groups played, I am sure that inner city drug-and-weapon-toting teens and gang members from all over would come. Who Knows? Post-concert drive-by shootings could happen. The end results of these kinds of concerts could ultimately have a negative effect on our local youth. Shakopee is a warm, friendly town with an already impressive list of tourist attractions. Let's now capitalize on the good things we do have. True, Shakopee is a growing community, but we must guide it's growth carefully into the right direction. More heavy tourist traffic, noise, probable increased drug and crime rates are things that this fine city does not need. Sincerely,` Mary Kaufenberg 964 S. Clay street Shakopee, Mn. 55379 cc; Gary Laurent Joan Lynch Mike Beard Gloria Vierling Bob Sweeney ill MICHAEL D. McCOLLUM 540 OPUS CENTER TELEPHONE. (612) 935-300= 9900 BREN ROAD EAST FAX: (612) 932-909435-3 MINNETONKA, MN 55343 ATTORNEY AT LAS' May 21, 1993 Gary Laurent, Mayor City of Shakopee City Hall Shakopee, MN 55379 Dear Mr. Laurent: I read in today's (May 21) Star Tribune that there is a proposal for Ogden Corp. to buy the Canterbury Downs Track, remodel it and have entertainers perform on the infield while spectators watch. I live in Eden Prairie, on the bluffs overlooking the Canterbury Downs Track. I would suggest you consider the noise factor. If I am subjected to what I think is being proposed, namely rock concerts or any other concerts that I don't care to listen to I can, and will, sue everyone to the wall for creating a public nuisance. I think Shakopee's money is better spent on finding a more appropriate use for this facility than on attorney's fees. Very truly yours, / ff / / Michael D. McCollum MDM/ses WILLIAM J. NEVIN SCOTT COUNTY SHERIFF COURTHOUSE ANNEX 428 S. HOLMES ST. SHAKOPEE, MN 55379-1391 (612) 496-8303 C.S.I.R. UNIT Investigations Patrol Recreation Safety ,:; ' y 7, 199-2' • Planning Commission City of Shakopee 235 Lewis St . So . Shakopee, MN 5537? Dear Planning Commission. Members : I have teen asked by Mr . Richard Brown of Canterbury Dos to support the efforts of himself and the Ladbroke Racing Company to use the Cante-bury facility as an outdoor amphi- theater . As a career Scott County law enforcement officer and a life-long resident of Shakopee I strongly recommend that you sive approval to their endeavo• _ . The reopening of Canterbury Downs will mean many jobs and will help our ever increasing tax burden. The experiences that I have had with the Ladbroke Company have been good . They are concerned about the community. We need the facility to be functioning as a job provider and a tax payer . Sincerely, c /*.\(\ 6/1/41N Don Hamilton, Lt . Scott Co . Sheriff ' s Dept . DH: kp An Equal Opportunity'Affirmative Action Employer EXH=B 2 T B 1O _ c AMPHI THEA TER PROPOSAL FOR CANTERBURY DOWNS SHAKOPEE, MINNESOTA JULY 1993 AMPHITHEATER & MULTI-PURPOSE FACILITY CONTENTS 1 . Introduction 2. Use of the Complex 3. Location, Accessibility, Growth 4. Facility 5. Services 6. Noise Abatement r- 7. Site Plans • . 8. Economic Impact -24 y ` AMPHITHEATER & MULTI-PURPOSE FACILITY 1 . Introduction CANTERBURY DOWNS PARK: AN based on past attendance at Canterbury Downs. Its proximity to Valley-fair and Mystic Lake, and the success EAL SITE FOR AN AMPHITHEATER of the U.S. Open,all points to the fact the consumer is not intimidated by travel to this area. AND MULTIPURPOSE ENTERTAIN- It is inevitable that an Amphitheater will be built in the ENTERTAIN- MENTFACILITY Twin Cities in the nor ro distant future. During the last several concerts at Target Center,patrons were surveyed Canterbury Downs Park is the ideal sight to be renovar- as to their interest in attending an event or concert at an ed into an Amphitheater and multipurpose entertain- Amphitheater with 74% expressing that they would rnent complex. Although rhe primary use of such a indeed attend the same event ar an Amphitheater. facility would be for hosting major outdoor musical entertainment events from Memorial Day ro Labor Day, Ladbroke Racing Corporation has committed itself to providing a first rate Amphitheater for this sire, one which will make a positive impact on the quality of life for the Twin Cities. -• .. .{s.... .r =`' �' Incorporating a facility of this .;� _ ��-- _ magnitude as an Amphitheater ,_ —. �'^ '7• �"""=--- ..- and a multipurpose entertain- • y.,..z _ ment complex redefines a pur- :fir.:.. .. .a a:4' tcv+t:'.. Esb: ti.. -- � — pose for Canterbury Downs ________ _ ti�rasals•-• -z: x i.++._ Park. Most importantly, this - — - ,_ .. ' • -- .�`""'... ""`"r'�� .„___-:•,.-.-...51::-....,:. project will create a series of _,_ _ _:. `''' _ uses for the sire,which result in _ _ . _ increased economic growth for - - _. -- ..- ._ the area including the City of this particular facility has the ability to be used year- Shakopee. round. The Twin Cities is a prime target for AmphitheaterV:s �.": �-. 41 development and several national/promotional organiza- . _ t tions are pursuing other locations within the metropoli- L .' . "0, 1.4-..,. can vicinity for this purpose. This market area, ranked s' N ,,i' 13th in the nation in population, has proved a viable ,e"•' - ` �• •r v' and profitable marker for the concert indust Last year a • ': alone, Target Center placed number six(6) in concert T' ` " 1 #, 'p, , •.1 attendance. Only markers with much larger populations e". _ .. �`; t`` . .` exceeded these figures including Los Angeles, I..( i Philadelphia and Detroit. f:' 4/....�„. j. The fact Canterbury Downs Park already exists, makes it (` the most cost effective sire in Minnesota to house an , •,,,•5=/ ' outdoor Amphitheater Location of the complex is ideal i .- .,-„, 4's AMPHITHEATER & MULTI-PURPOSE FACILITY Z. Use of the Complex FACILITY USES Following is a list of Pop Barry Manilow and Rock Concerts on tour Neil Young in 1993: Red Hot Chili Peppers The sire at Canterbury Downs Park is ideal for a mulri- and Soul Asylum purpose entertainment center. In addition to a variety of Frank Sinatra Kenny G. concerts the facility may host a diversified list of activi- Neil Diamond . Aerosmith ties twelve months of rhe year. Jimmy Buffett and rhe yes Coral Reefer Band Tina Turner Each year Canterbury Downs Park will have rhe oppor- Sting INXS runiry to host approximately twenty ro forty musical Van Halen Sade attractions during the summer months from May Lollapalooza'93 Ziggy Marley through September. Several of these concerts play are- Bon Jovi 10,000 Maniacs nas, bur rhe majority will want to perform exclusively at Rod Stewart Berre Midler Amphitheaters. Tom Petry and the Natalie Cole Heartbreakers Tony Bennett - i Right now country music is experiencing unprecidenred - - 'N growth and many of rhe stars of counrry insist on playing r- Amphitheaters as part of their tours. Presently most of • 7.-- these artists perform ar Target Center and are setting �. attendance records. Listed below are the performers who g� tk,.- /-7,-1 have exclusive Amphitheater tours for the coming sum- ¢ ; mer. Based on the popularity of this segment of the music �� z industry, it is always possible to schedule additional \ 4. -�'. arrracnons. ' �' Reba McEntire Alan Jackson • Garth Brooks ...- c.:-_ `� George Strait ` Clint Black'Wynonna `: Budweiser Rock'n Country Tour scarring Travis Tritt and Trisha Yearwood Y . . Classical and family entertainment is growing in populari- ry within the Amphitheater market. This summer a vari- - s ery of performers will be playing at Amphitheaters across ._,..-t-- i.", •- . � t y�- -'7.-„ Ir.." rhe United States,such as: . k i''l'~ Moody Blues with local Symphony Orchestras . : A 0.... Disney Symphonic Fantasy / The Boston Pops Concert Series rt Minnesota Symphony Orchestra Series - The Music of Andrew Lloyd Webber Bob Hope AMPHITHEATER & MULTI—PURPOSE FACILITY Complex 2. Usecont.ofthe ,, ...............,... ..... .., ......_.• .....•,...........„..,,...... .. . . .„4 ,_,... „........„.:__. _ ...A.:4r''''''::,.,;7:..."•-t7".. - 3.-- -:.=E''•fta. • '..:- `--.. ,"7.-.' .; - -,–..,----:----'7 ,-'- , ---`-r--"." ...7...-.. ......„ -. ri -fix _ ..4777... 14....i;;.,,,;',;:,,:;,-,1,-.;_%..- "1^'i`"' ,;:,-,:-.:4,,,,,... -;''- c• _Ai 2r .- s:.•`...-"`ilia'. � �3. .v 4s': • w I ... _' ma�Syr.- . v r 1 Mb � _, -a.r_.. Ja r '.'.- - �� -4„- per,;' _ N Jo- Vrj 1 , t d :' ! 1'�'�`Ny�T : :< 1 •lam -N - i '_,-� ---02.--- ---- i-4 • During non-peak concert times it is viral to keep the facil- - - ' iry maintained with a diversified assortment of uses such �` y as: • � -� Rib Cook-off r �`F { i.-ROSCOFS , Jazz Festival 'OI. TH 1 Antique Shows I ,u' - -i Flea Markers :AV- i - V a Garage Sales _ ,.'- - „ A., �". +�► `-1 Carnivals r S ti _ - . '"' Display Shows ,}4t. o: Al- -mac. -.. " -- : .. Trade Shows _- v ,►4 i`,; � Music Festivals �� 1^ `~• - = t , .`.i Holiday Shows(like an Independence Day celebration) aa�. - r �' .. ��A- ' . •' Auto Shows ,'' lam.. 3 �- r.. • Pe i P--- "c"^:"•-' 4 -.„ ...-. -.14- 1.-4,--,--te ' . AMPHITHEATER & MULTI-PURPOSE FACILITY 3. Location, Growth a OCATION, ACCESSIBILITY, AND GROWTHARE KEY FACTORS TO THE There is ample on-site parking, to accommodate a crowd of 20,000. Bus Tour operators are familiar with the sire. SUCCESS OF AN AMPHITHEATER AT Historically attendance at Canterbury Downs Park dur- CANTERBURY DOWNS ing prime times exceeded 17,000 people. Based on the proposed maximum capacity for rhe Amphitheater, traf- fic to the sire is controllable. It is projected that there The general public is familiar with rhe location of will be no traffic problems at rhe Shakopee sire. r1 - — "..'3"" > , -�-'! - 1•4'-7:4'. i ,7._•.. _ � +. . .ra1.i ... - a.. � -.' VF K - ::Dti7A ��.. ._Y? . ^ti+ti. ►f�r S � Y'.-'r'* ` T4 � griseitTi . A ed, i ►s.;. ..:,,,,=..... .,... . 'wF •. . i ._---.-t...c,_ ....„,,,...„. ...:_..„:„... " " _ - w-: '� � w _: 4 - , a ,, • .a`. rF`�r ' ' '-: ^•. - —__ i—`_ _ i C .te,.a. -,7-,...... .1.2..,...--..-:-- - l 1,2,..-•.�! " n } f --- .� ... ..A.,_ - .: '."" ;' 'G_._ .. s ''Z'*t - --.a` p 't}',j��'�y.�� 'L .F ..GSL^ki..,,,,M .: `-'..= AMPHITHEATER & MULTI-PURPOSE FACILITY 4, Facility CANTERBURYDOWNS IS AN An attribute that would be a terrific revenue source ALREADY ESTABLISHED FACILITY already existing is the special clubhouse seating. Corporate memberships could be sold for this seating which would be an additional revenue source for In all rhe other locations being considered for an Canterbury Downs Park. Canterbury Downs Park has a Amphitheater in the Twin Cities, there is no physical stare-of the-art audio visual department,which is neces- structure. Canterbury Downs Park already exists and sary to meet the needs of the performers who appear at with specific modifications can be transformed into a Amphitheaters. multi-use center. Most sites under consideration will only have rhe ability to be used as an Amphitheater- The facility would require renovation to make it into an but not Canterbury Downs Park! Amphitheater, bur the costs are nominal compared to the start-up of a new facility. The facility already has rhe grounds and rhe basic con- figuration to build the appropriate staging. Ir also has Issues will have to be answered regarding rezoning, envi- sufficient space to house all the other events outlined ronmental concerns and noise abatements. Ladbroke Racing Corporation fes: - k and several poten- _ _ ... -;,_ i T �. ;-• s tial partners are y� "- � � • t,; } s �" willing to move for- .. \ "tea. .► ,� .:1,......:,_ :� ward on this -.e ." i ..� .- ' - research predicated "a = `` on a commitment ='. - u $' from the Ciry of _� � —�,�" 7:2 = Shakopee. - _ - A commitment will r ....:- �` - - be made by rhe a rya r-`= +Ws" ,,.,, r II! s • partners to do 4� *+7 _ ` '' , ''' �1 • everything within j r :.'i� S t - - M'II< ,_t W -. their power to meet , `- �- _ _. r--. i"'"`;:`�- r standards , � - om:.,; industry rx. =wr , ;_ M= a. = in regard to sound p7 :141..i_. " abatement. (see ?.! 1r ' . , tis 4 , - 3. 'W -V-Zi.,,` Section 6) o - --tee- < --r#' .:,--i .",;-r a " ' _ , .+ Discussions will need to take place earlier in this proposal. Due to rhe square footage of the regarding curfews and number of nights of operation as Grandstand proper,Canterbury Downs Park allows for established by the city. These issues have been success- the interior to be used for trade shows, auto shows and a fully resolved in every location where an Amphitheater variety of other activities making it feasible for year exists. round usage. The facility already has the necessary concession stands, sufficient restrooms, seating, etc. AMPHITHEATER & MULTI-PURPOSE FACILITY 5. Services IMPORTANT SERVICES FOR THE SUCCESSOF CANTERBURY DOWNS peers in the industry(agents,managers,artists and pro- moters). In the last 14 monrhs,Target Center has cap- PARKrured all of the major touring attractions with capacities to fill over 6,000 sears. The success of this project is subject to the involvement of the appropriate parties who will bring a full range of Jam Productions is a major regional and national pro- services to the facility. morer who promotes in the Midwest and the Southwest including Target Center. The major cities where they • Involving the right promoter to book the acts is a key produce shows are Chicago, Minneapolis and Phoenix. • element, but even more important is marketing and However, they are also involved in at least another 20 managing the facility and its entertainment. cities in these regions. Jam also promotes, produces shows for amphitheaters and operates irs own amphithe- The appropriate team should include: aver,The World Theatre in Tinley Park, Illinois with a capacity of 40,000. Jam Productions produces approxi- • Professional Box Office which can handle large volume marely 800 shows a year with a sraff of 22. of tickets. Another proposed partner, MCA Concerts, a division of • Group sales and direct sales team. MCA's Music Entertainment Group, specializes in rhe consrrucrion, booking and operation of live performance o Sponsorship ream which can sell rhe facility and venues. MCA Concerts currently owns and/or operates events. Often this is a key ro profitability. five venues: Universal Amphitheater in Los Angeles, Fiddler's Green Amphitheater in Denver, Starplex • Advertising connections to establish strong buying Amphitheater in Atlanta and their most recent acquisi- power and impact promotional commitments are very tion, Blossom Music Center in Cleveland,added in important in the success of an event. 1990. In 1990, MCA Concerts was also selected by Molson Breweries to form MCA Concerts Canada, a full o Strong public relations contacts to help ser forth the service concert promotion company promoting events right image for the sire. throughout Canada. • Experienced food and beverage staff is a must to insure Ogden Entertainment Services manages and provides the quality of dining needed to maintain high standards. services in over 100 venues across the country. Many of these facilities are similar to Target Center where Ogden • A professional group to manage the facility to ensure provides both management and food&beverage services. it operates in a profitable manner. Ogden is rhe food &beverage purveyor in many amphitheaters around the country. They have become a Ladbroke Racing Corporation and Target Center have dominate force in the entertainment industry and are just begun making plans and conversations have ensued involved in many international projects. In addition to with a variety of potential partners including Jam managing facilities, Ogden now has the ability ro also Productions, Ogden Corporation and possibly MCA. book and produce many of their own events. Target Center was voted into a select group of five facili- ries in the nation as best entertainment facilities over 15,000 sears for 1992. Voting members were primarily AMPHITHEATER & MULTI-PURPOSE FACILITY 6. Noise Abatement A concern of all parties interested in seeing Canterbury hour(10:00 p.m. to 11:00 p.m.)for shows if the Figure 1 Downs Park become the future Metropolitan Amphitheater configuration is built. has been that of the sound issue. A preliminary noise analy- sis has been completed by the firm of Wrightson,Johnson, Figure 2 changes the stage so that the grandstand is to one Haddon&Williams,Inc. Attached are two staging configu- side. With this configuration there would be open seating rations which illustrate the predicted noise pattern for the with berm,the noise impact on the homes is significantly site. lower. It should be possible,with a properly designed stage house,roof and side wall construction to meet the post 10:00 Figure 1 shows the Amphitheater situated to face the exist- p.m.limit with this orientation. ing grandstand. The noise contour is based upon construc- tion which includes a roof over the stage house and apron Given the fact chat the existing residential development faces only a small portion of the • =r..i.� .P� 117 site,re-orienting the 44".-:• ! '� �i .Y > }" Amphitheater and for movingt f i.'� ���►►w —�" 3 ''- it within the racetrack F - boundaries should allow the '`�' r Yi� ' "�� construction of a facility with f minimal environmental noise 4. /, � ' � `'.. t impact. Combined with �. u_ ;, "h;114,7 appropriate construction,this .Y 0. _' ;!-' . +A . approach could eliminate the ti :;� • s< < .& * need for revisions to the �. .� ;�, .w,,,;,, • : ,/,' • Noise Pollution Control f ;: •s:-'- , at Rules. It would be best to � change the curfew impact _ • ,F; - <•- regardless of the staging. +� �� +-6 y `'11.4.!1,1 Although this approach does _ l 7 - .' • not utilize the existing struc- 1 " ' _ =y' ,,yf a- tures as efficiently,it helps to • f L. +s. _ wminimize noise problems and complaints. ,,,sc.�- gy =- ' -8- • There are several issues chat area,fixed searing,along with a combination sidewall/berm should be considered in order to affect a most successful g. at least 30 ft. high extending along the west side of the facil- entertainment site. First and foremost is the orientation of icy from the stage house to the grandstand.This configura- the facility. tion would need to have an adjustment in the curfew from 10 p.m. to 11 p.m. to be properly functional. A change in the existing noise ordinance would be beneficial. The rime of day at which the lower allowable dBA level The noise contour shown takes into consideration rhe occurs should be changed,from 10:00 p.m. to 11:00 p.m. If Minnesota Noise Pollution Control rules for the maximum the northwesterly orientation(utilizing the existing grand- allowable level for Noise Area Classification 1 (residential up stand seating)is chosen,then a change in the ordinance,per- to 10:00 p.m. of 60 dBA 150. It appears that it should be haps as part of the zoning permit or a PUD,will be pursued possible with appropriate construction and restraints on which could increase the allowable noise level by at least 5 sound system levels(105 dBA at the mixing console)to rr.et dBA. the Area 1 limit. After 10:00 p.m.,the allowable level drops to 50 dBA. Therefore,the need to request a variance of or.e The final issue is the need to build appropriate noise control construction which will be the most significant element in i. the overall noise control plan. AMPHITHEATER & MULTI-PURPOSE FACILITY • 7. Sites Plans / // \ il, ��� II , , !1 r- f -- . --- - . - i„ .i: , it 'I- I..= i' •. I,Il .,:,,llllll�ll II • I A, •. '.•,~ ' Ear Il; lli i ' I , 1 ; �i 1 'i • III Lill Rim II 1 - • -. ��luulylliiiiiiluiml 'ILII - --- I•--- -r-I- ..- -- , 1111111 --°- '-' , I111IIIIIIII - . i, , - IIIIII,I _L :© @ ,�lllll�!LI!I! 1.1.2 ;!1 : _j --- I 111111 i_ -. -- III,!III!Illl�i �9�1: ii �. �` _:i BI I __ . t._ -'...:_...IIIILIl tn.. ..: 4_.: . I I• �—_-- , •S II�1111II��IIIIIIIIII�IIIl ,. II i' ;i nit!_�� mid III III lo 1‘ of" • I I .. S i 1 Iii it 1 {Il — � S 1 11I t !',_i 1i III I p ii G.••,„.4...,,-.G.••,„.4...G.••,„.4...,,-...4ut.!_•••/••_,,N,cpt.!_•••/•_ I i , , I , • '� t • P 1' PC�SIDLE MA-1'114G. T ER A —r AS+yr a/f.—•art Y• S{CA TEPI CIRY 4TE artx Bed= GAMOSTX/O LEVEL FIXED COMF1GiIRATIO. Al-1 , Q3 • ,/,/, -------\ e' V , moi .--- -f-).\*-------------- ..._________----''":---- 4 4- r ``�! s 1 El i �` y -�Y--_ f di Of'DyK � R1J� �� I, I I, L \L 1 z: 1 meq, 1: ;1 7D---;›-N-z . i , ,, Woo' /0, ... 1I ~ ,,,,...............„..,N Igo DEAN ( 11 Lr Canterbury Downs Amphitheatre Site .44. Preliminary 60 dBA L50 1 f Noise Contour l;t6 i,,s Figure 1 II ii li 1 1� 11 III:---------------- __ II 1 it 1 .1 II e?- s.\. ., Q (i `-c-y • ---- ) . � 4- 4- 4- 4 44 ii L---1, -----7----s , . \L lIli 9 . II; /7-) W.;14 j�� .fZ "t'` C/ .r4. 1 3 li 1..s. iff-1, 1,,\elLr--- --.S.,..„,i...,.gy i 17 1 4,z__,D,..-„, , 6>,./.-- . • U. 1 1 IN - . I TAW DEAN1 LA Canterbury Downs 441l Amphitheatre Site I - ff � xPreliminary 60 dBA L,p �Noise Contouri ll,, •;s Figure 2 II 6 {i II Ir i(II ° I IA i J' ;I 1 III li r 1 m III, "p f Q � a 11,11 I 1 7 E W it W I I - 0!1: 1. u1 1 .111 , 1 , I , I , I 1 I [[pp , , • Illr--..::: --- ' 4. ''. 1 • I I I I 1 i • t I.!i. : I I 111' II h'ii) . h iii i o 8!...,....,....i. i 11 I i , l' ' ;1 (9------- 1 7 ,: . 1 , ....,,,,.,, I i p , .i . i , �; .. , . i I I I . I . II t I I i ---�/:.. 112 I , - , , • . . , ,. . . , , , , , . . , ,_:.....,__,...__r ___, - v , . I / ;I Q 1 ' , ; ; 1 /I 11 >� a v I ' 1 1 1 I / i C , , ♦ ^ n lij I'll 1 U I` 1 , I II I,11 Q I / ' I I I i I 1 , II Q I I t / a 1 \ /I • I \ ."...,....... ../\ \ OO V / \• \ in / , • \ ..' • \ / . : ! ii l , I z I 0 < . co E i Hill 1 . a 4 E a 111l1 I o 1 E v • I 01 It .,.... . — I Y It _I 1rIt 1 '`I I a 1 . I -- - — , f . 1111 I , -1` / . li/ I f I ` a 1 - } . o 1 id— r, ,.. _, , , .., il of ii f ' 1 • (k.,)---- ll }�I€ i - 11 7 ,/ . . AMPHITHEATER & MULTI-PURPOSE FACILITY 8. Economic Impact In ddition the average er ECONOMIC IMPACT TO SHAKOPEE $47 5 onfood and beverage nd $3.00 on customer o elry ems ANDMINNESOTA again generating additional sales taxes. Ocher avenues of income for the facility itself include It is important to analyze rhe ongoing economic impact sponsorships and corporate sales which increase prof- of a project of this magnitude which is positive in genet- irabiliry. acing revenue, employment opportunities as well as growth opportunity in Shakopee and its surrounding Based on reports in other markers, restaurants,bars, communities. hotels and other entertainment complexes have all seen a surge in activity and rhe spending level when a major While under construction there will be a great number entertainment complex is built in its vicinity. This will of contractual and employment opportunities available. then spur more development for the community. Established industry standards for patrons attending an Concert Grosses Growing entertainment event indicate that each person spends The number of amphitheater approximately $25.00 indirectly in rhe marketplace on concerts that grossed more than 12 such items as gas, food,beverage, clothing,etc. Based 51 million reached an on current projections, a conservative estimate would be all-time high last year. that approximately $7,500,000 of revenue from indirect 9 9 expenditures would be funneled into the market. 7 3 2 87 88 89 90 91 92 Source:AB Boo Once the operation is up and running it is estimated that Canterbury Downs Amphitheater would provide approximately 400 parr-time and full-rime employment opportunities. As experienced in most entertainment facilities many of the employees would come from a radius of 20 minutes from rhe site. If 10,000 people attended 20 concerts per summer with an average ticket price of S 17.50,approximately $3,500,000. worth of ticket revenue would be generated resulting in additional sales taxes. Since plans include more than just 20 concerts, revenues will surpass these estimates. •________ ______________ cu /Amphitheatres . • 1• tie Nation's Amphitheatres f ave a Broad Message: • Performance That by StSMNA MILLEpen-air he porch of recessionary reahry 1 grimly anticipated by amphithe- ee s the View resulted in li season characterized by se p overall stability and r emerging sense of priorities for the next decade. New c projects underway underscore the con- ,- ‘ A tinued viability of expansion in the =:`•1/4 � '\ = marketplace. "' =`: \ = Targeting a paucity of top-shelf enter- 4 i 1'"r tainment venues in the central Missouri-Ozarks Lake area, the F� • _'-'°a ::+ Stoneridge Amphitheater is set to r r • r Fes; .f• ��3 �� Tri_ open in May, 1993,with seating for r, ,, 10.349 and overflow lawn seating of -•;-: <�;-,� + _ �. _ 6.335.In contemporary mode,the facil- -•.•Y t I '','. try will feature five sets of restroom facilities. an array of concessions in i� .. - __- - �— five locations.easy access parking,and ,.� >< a- ,.1 1 an FAA approved heliport for the con- - ls .-•..:'v..:L:: • !M .- • ..•—-.•• �,j -�_ ' venience o2 entertainers. �7" _ 1.--. r. ,. --- 1 Although the inaugural season of the • •,' ti - • • _�.r• 22.000-capacity Meadowlands Sum- --; Metropolitan Entertain- ' -':•.:-•. •:=t�c ,, '4-.3-1s e ,/ s•„.` ::�;�� �: �.�e''1'': ::_.L* ,�, meerfesstby \t- . •. � r according rg_ ' rr=a " - . s.r "•: :RM:L- = l ' - r' toasstantgenel start, n manager _,•• i • ' �' ` '' to. ... . . y•i.tf .a'• •;+ • .• - 1+ ::rr.. Y • -•• - . Castronovo.the Meadowlands—which --&--•a•- - 'i- already includes 76.891-seat Giants �' �; • - •- - - - Stadium and the 21.000-capacity - • - _ . _ Meadowlands Arena—will shortly be 2.- T • .• - soliciting proposals for the construc- . tion of a permanent amphitheatre on - • - • site. • Florida Markets: • Smart Strategies - _ & Suggestions r lorida is another promising site • for development, with new 111 amphitheatres underway in Tampa.West Palm Beach and Miami. ' -Our business judgment says it's a good time to do this. declares Robert Sosnick.co-owner of the Detroit-based Arena Associates(New Pine Knob and The Palace of Auburn Hills) about the - ' projected January'94 opening of a S20- million North Miami Bay Performing Arts Center. - Despite an increase in stadium and arena tours.which contributed to com- petition for entertainment dollars. a majority of sheds had a generally flat rate of growth, with a good number t coming out ahead.even way ahead. 'Business has been good this year.' says Rodney Eckerman. president of The Walnut ('reek Amphitheatre., Raleigh. \Y'. ix a prime example of nn ainphilhontre laoking toward a pru.cperm:A.future :S:.—.7-1.-- :=2 AGENT&MANAGER ce Facilities Group, which says facility owner Iry Zuckerman. "I don't have any stats on this, but I the Kent Hill version of the Phantom rs seven amphitheatres in "Riverport was the only one he played do know that weve made every effort of the Opera'with a little Lollapalooza :ie. Dallas.Atlanta. Houston. in the country. and it was one of our to let disabled people know that they thrown in. rgh. Raleigh. and Memphis. most incredible shows.Two others will be accommodated here." says Fontana's most immediate priority at uality of touring artists was were Eric Clapton and Elton John. Zuckerman of Riverport s ready corn- the Coca-Cola Starplex has been the :ut.and we saw a lot of growth These artists liked what they had pliance with Americans with creation of a total entertainment envi- ountry music industry. heard about the amphitheatre,so they "Disabilities Act marketing (ADA)campaign int regard to rocs a growing concern on l that part of mir- _as number of concerts.we're decided to play here' Our ruck on line with the last two Zuckerman cites such amenities as that has been pretty upfront and.as a amphitheatre managers. • Eckerman continues. "with plush dressing rooms. separate crew result.I think more people have come "One of our distinctive features is e attendance up. quantity of showers, a satellite dish, work- out to shows here that normally don't onhavinwhich sound ewe warehouse plazastage prior . and.a lot of premiere artists out/sports facilities, and a covered even attempt to go out" every shopresent , so we're bands pr or Elton John.the Grateful Dead. pavilion area for meet and greets. t�+ to shactsthatthe time the is- Buffet. Michael Bolton.John These kind of up-to-date specifications Fantastic doors runningopenuntil from the time the _amp all doing sellout business. are made possible by the shed's recent begins.orsMany times, at ourrbluesoroe iooza was also a sellout every- completion in June '91ge fore 's 5r mil- Marketing Always jazz festivals,we'll also run bands dur- r lion—and by its management's recap ��I /( Ing intermission,so we could have up :ew Pine Knob in Clarkston. tiveness to expert advice. in five acts between sets." :ts second year under the man- "We received a lot of help"from Deserves Praise Video equipment has become an tit of The Palace of Auburn friends in different markets, says essential component in eco an:as the busiest amphitheatre of Zuckerman. "and I'd say their input inclusive entertainmentnofferingenvinnment all- son.With a lineup of 88 shows. was instrumental in creating the -d attracted more than 660.000 amphitheatre we have.Things like thethCocae-Cola in Dallas. clever anus the 10,800-capacity Holmdel.Garden deniStav —an increase of 13 shows and having a covered loading dock that can people over last year—includ- handle 10 semis at once. Many older marketing and responsive ticket ered last year in a pilot project with sellouts. facilities can't accommodate the big- pricing resulted in perhaps the best two screens. -e successful because we're very ger shows we're able to:for instance, numbers ever this year.The instant "It went over very well."relates mar- and artist-service oriented," in '91. we were one of only two box-office power of top superstars keting coordinator Barbara Movelle, .ciiiry manager Thomas Trzos. amphitheatres that did Gloria Estefan helped the 20.000-capacity venue drop 'so we intend to continue (it)next sea- ow, we're looking into wause of sf diversificationyonof and the Miami Sound Machine con- to the same attendance of approxi- either pis chht asing screens ourselves or with shows for young and old. cert." for an ':e i16d shows for childrensome alone. Other bonuses are more women's mately're0 down (in performances) imagine we'll have two s screens.each looking for grow value day restroomshinstalledothangrequired in ace,entertainmente 'll remem- • building's code: rigging abilities were out on the road."justifies general hoping to install ant assistive listening marketplace,and they'll remem from the roofes intoatheaccessibility audience: abiityfr videoh $ w Pine Knob." screens: easy accessibility for the manager Larry Fontana. "W a had device for the hearing impaired in time physically disabled: and TDD for the everything from Harry Connick to for next season." hearing-impaired. George Strait from Howie Mandel to 'ween the -_ . . �.. - . :t `.i;. '"�i •' •• -, i .r te - !i'_liit•IS• .- � •1 -` '- :ks and a Hard �, '- , Eiwr. t • _ .-------:-.4---------2.k-;_..7-:,-;1,.. -- �iness Grabber y ...�� '` . - .�- - _ • r- ice .1rr.7..-I••••1 .�-P.-=:.• i •♦ Y :i r -r.. _i- '1 _.. unique advantage of the 9.000- • `- - •��. rapacity Red Rocks in Denver •• - - '`•�''�-"' :ontributed to a similarly stellar • s - • " son.'`We're the only amphithe- "j. = . ,ilt by God." quips Gary Lane. - • _ " r of Denver Theatres&Arenas. • i "� =-". :ing its location between two . - - :i"' • -i - '.t high red rocks,one that has �, • . self to filming for commercials .r — •h videotapes as L'2's"Under a I- �+ - i Red Sky."This season's high w �� _ _ `� • ' -���--- ' i -� -aside from a 127 increase in / - cross and attendance—was a ;< � • 'if, 4. • Blues/Colorado Symphony • e,::� f 4.-/y-, • r '�`- • sum concert The show attracted _ `"•'�''• .' f ; :lout crowds. and was recorded ._.. t .* '�'�!%! ,s,,,,...-, ` r2, •r TV broadcast on PBS. � = ., . cf. - Fey. our primary promoter in `~ •,•�`' • �,, i ] ...411..•• really deserves the credit." ;;G: - - _ -'-ii"-"2:S.. ] • �g : '' ane.'He-d been working on this '�" • _'=' •• -=ter _1 "' t for some time. Now there's • :s,,,.� �r '" �'t:.gxr- t.717 - one talk about the Moody Blues `_;i'* +�' 1"• - - " : _ r. amphitheatre tour next year ?7� _, � • --. >n their performances here. ..% f:-- • • • ' . _ - po.ting higher figures is the j. : • _ •:apacity Riverport Amphithe- 07Z-7'..:.Z:'•,-137.•:-.•;� . ,• . • •_ - ''` - . R \lanland Heights.>l0.up sig +A':�C: i '=: - _ O - • '1;1"( � th from last year with 41 shows • --'1-?1-"---44:_ j •= 1 ,'..r _. :% .:};; ---�� ,i-ed to 34. and 43:5.000 atten- — ' L.- -' .- - -- r _ i;a as opposed to last year's X+ 'r=_. ._ 'ti. "We were fortunate to have The 1..,#i1-capacity Pacific Amphitheatre.Costa.tlesa. CA.enjoyed a banner 1991.drawing nearly 3Y0.000 total atten- .cuts Mat didn't play many other dance :hratres. like Garth Brooks." 61 7&MANAGER Dece.-�cet '9 2 lo d CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Revocation of Conditional Use Permit No. PC-593 (Renewal) DATE: July 8, 1993 INTRODUCTION AND BACKGROUND: At the May 6, 1993, meeting, the City Council concurred with the recommendation of the Planning Commission, and approved a motion to direct staff to prepare the appropriate resolution revoking Conditional Use Permit No. PC-593 (Renewal) . ACTION REQUESTED: Offer a motion to approve Resolution No. 3836, A Resolution Revoking Conditional Use Permit No. PC-593 (Renewal) , and move its adoption. RESOLUTION NO. 3836 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REVOKING CONDITIONAL USE PERMIT NO. PC-593 (RENEWAL) , A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING THE RENEWAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF TRANSPORTATION EQUIPMENT. WHEREAS, Terminal Transport, applicant, and Viking Steel Products, owner, filed an application dated March 23 , 1992 , for a Conditional Use Permit under the provisions of Chapter 11, Land Use Regulation (Zoning) , of the Shakopee City Code, Section 11. 04 , Subd. 6 , to allow outdoor storage of transportation equipment; and WHEREAS, this parcel is presently zoned I-i, Light Industrial ; and WHEREAS, the property upon which the request was made is legally described on Attachment A; and WHEREAS, notice was provided and on May 7 , 1992 , the Planning Commission conducted a public hearing regarding this application, at which it heard from the City Planner and invited members of the public to comment; and WHEREAS, on May 7 , 1992 , the Planning Commission voted to approve the application for Conditional Use Permit Resolution No. PC-593 to allow the outdoor storage of transportation equipment by Terminal Transport, subject to eight (8) conditions; and WHEREAS, the Planning Commission scheduled the annual review of Conditional Use Permit Resolution No. PC-593 (Renewal) for their May 6, 1993 , meeting; and WHEREAS, the Planning Commission tabled the annual review to the June 3 , 1993 , meeting to allow the applicant further opportunity to comply with Conditions No. 3 , 4 , and 8 of the permit; and WHEREAS, on June 3 , 1993 , the Planning Commission reviewed the applicant' s compliance with the conditions of Conditional Use Permit Resolution No. PC-593 , at which it heard from the City Planner; and WHEREAS, on June 3 , 1993 , the Planning Commission voted to recommend to the City Council the revocation of Conditional Use Permit No. PC-593 (Renewal) if compliance with the conditions of the permit were not achieved by the July 6, 1993 , meeting of the City Council ; and WHEREAS, at their July 6 , 1993 , meeting, the City Council reviewed Terminal Transport's compliance with the conditions of Conditional Use Permit Resolution No. PC-593 and the recommendation of the Planning Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Conditional Use Permit Resolution No. PC-593 (Renewal) is hereby revoked because the applicant has failed to comply with conditions No. 3 , 4, and 8 of the permit. These three conditions required the following action: 1. To expand their dust control program to include Viking Steel Road; to provide the City with documentation of the application of Calcium Chloride after each application; and to submit a revised Dust Control Plan; 2 . To install a 25' bituminous approach to 4th Avenue on Viking Steel Road; and 3 . To install a satellite facility on the site. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney CONSENT 2) MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Amendment to Resolution No. 3591 Dominion Hills Subdivision DATE: July 16, 1993 INTRODUCTION: At the July 8, 1993 meeting, the Planning Commission recommended approval of amending Resolution No. 3591 to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street with conditions. BACKGROUND: Mr. Gary Bergquist, the developer of the Dominion Hills subdivision, is requesting an amendment to Resolution No. 3591. The Dominion Hills subdivision is located east of CR 17 and south of Hillside Drive. The subdivision covers approximately 75 acres and the preliminary plat approval was for 24 single family lots. The subdivision and surrounding area is zoned R-1, Rural Residential (See Exhibit A) . At the May 19 , 1992 meeting, the City Council approved the final plat for Dominion Hills subject to eight conditions (See Exhibit B) . DISCUSSION: Attached as Exhibit C is a copy of the developer's letter requesting the amendment to Resolution No. 3591. Attached with this letter is a copy of the final plat which illustrates the proposed street improvements by Mr. Bergquist with the construction of Phase I. The developer is proposing to grade the entire loop street including Promise Avenue (from Hillside Drive to Dominion Avenue) and Dominion Avenue back to CR 17 . A Class 5 gravel surface base would also be constructed throughout the entire looped street with the first phase. In terms of pavement, the applicant is proposing at this time to pave only Promise Avenue. A temporary cul-de-sac would be constructed at the Promise Avenue/Dominion Avenue intersection. The resulting temporary paved cul-de-sac street would measure approximately 1, 400 feet. The remaining 1, 900 feet of the looped street would be graveled with Phase I and paved with Phase II . A total of nine (9) lots have been platted in the first phase. The amount of traffic generated by these nine lots would be significantly under the 200 Average Daily Traffic (ADT) criteria. 1 Condition 2.g. from Resolution No. 3591 prohibits the release of building permits for the outlots until they have been replatted. Development of the outlots will require the final platting of the second phase. The pavement of the rest of the looped street, Dominion Avenue, will occur with the second phase. The Fire Chief, Building Official and City Engineer have reviewed the developer's request. These staff members are recommending approval of the developer's request subject to the gravel Class 5 surface being installed for the entire looped street. The Planning Commission recommended amending Resolution No. 3591 to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street (1,400 feet) , provided that the entire looped street within the subdivision is graded and graveled to City Code requirements. Traffic barriers as approved by the City Engineer must be provided by the developer to keep traffic off the graveled portion of Promise Avenue until it is paved with Phase II. Only emergency vehicles should be allowed to use Promise Avenue during Phase I. ALTERNATIVES: 1. Approve the requested amendment to allow the construction of a temporary over-length cul-de-sac street. 2 . Deny the requested amendment. 3 . Continue the request for more information from the developer and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended alternative #1. STAFF RECOMMENDATION: Staff recommends that a temporary easement for the cul-de-sac be provided. The attached resolution includes a condition requiring the needed easement. ACTION REQUESTED: Offer a motion to approve Resolution No. 3832 which would amend Resolution No. 3591 by allowing Promise Avenue to be constructed as a temporary over-length cul-de-sac street provided that the entire looped street section is graded and graveled, a temporary paved turnaround surface is provided at the end of Promise Avenue, traffic barriers as approved by the City Engineer are provided to keep public traffic off the graveled Dominion Avenue until it is paved with Phase II, and move its approval. 2 RESOLUTION NO. 3832 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3591, APPROVING THE FINAL PLAT OF DOMINION HILLS. WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Dominion Hills on May 7 , 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 Plat of Dominion Hills, described on Attachment 1 attached hereto and incorporated herein is 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 SPUC. b. Electrical system shall be installed in accordance with the requirements of SPUC. c. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d. Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Promise Avenue, from Hillside Drive to Dominion Avenue, shall be graded, graveled and paved with a temporary cul-de-sac within the Dominion Avenue intersection. Dominion avenue, from Marschall Road to the Promise Avenue intersection, shall be graded and graveled. Traffic barriers, as approved by the City engineer, shall be provided to keep public traffic off the graveled Dominion Avenue until it is paved with Phase II. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of 3 $250. 00 each per sign pole. f. Cash payment in lieu of park dedication shall be required. g. No building permits shall be issued for the outlots until they have been replatted. 3. A variance to the Subdivision Regulations to allow Promise Avenue to be constructed as a temporary over- length cul-de-sac street until Phase 2 is final platted. 4 . A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (1630 feet and 1340 feet) is granted to allow the dedication of right-of- way of the proposed cul-de-sac streets to the east property line. The applicant shall not construct these cul-de-sacs in excess of 1, 000 feet until the land to the east of the plat is developed and street connections can be made between the two developments. 5. The non-exclusive easement for ingress and egress that currently exists along the southerly portion of the plat must be vacated prior to the recording of the final plat. 6. The following language shall be added to the Signature Block for the plat: "and pursuant to M. S.A. 505. 03 , Subd. 2 , we are in conformance. " 7 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 8 . The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. 9. Drainage within the road right-of-way must remain within the right-of-way in areas adjacent to Outlots A, B, C, and D. 10. The developer shall provide a temporary easement for the cul-de-sac. The easement agreement shall be provided to the City at the time of the recording of the final plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. 4 f Passed in regular session of the City Council of the City 9 .of Shakopee, Minnesota, held this day of Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 5 ,..._______,--.t..._.__ 0. - ` � - - . - ` '' - • - - . ice•' '.•t :j-� �•�: :`ALL• �y�i : :. `•S :!21' .•1: _ - � � .i -7r:-.tis y' ••` r.[. �: ."«; .':•�� .::ii:. .'•-tl• _i• .�' -. r ti .:•f~ '•��.i :17s3"Y:��l'1: :-121;; -_ ►.• i:'�' 1 '', Cr A::1 `f�1C. ._ e • ''�. . • *..: : �.t...r ,r SAY- . .:,- :.:. �-.�:, _- :� , --. .-. . �EXHIBIT Bfi, �` iC:� r '• �( 1 ' SyC-). _` ._raj -:j"` i lV iiF2_#Li4.: %.4:g-f:=1.t .g tzs.'-�Citi;-•,,L G+. � '•• `i .fir � !.�!`� a :hie4- •'-• :-..-z..."....1. . f4-i. •.,•s,•.. -r..c _ ' RESOLUTION NO. 3591 MINNESOTA, APPROVING THE A RESOLUTION OF FINALE PLAT OF D MINION HILLS. WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Dominion Hills on May 7 , 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 Plat of Dominion Hills, described on Attachment i attached hereto and incorporated herein is 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 SPUC-. b. Electrical system shall be installed in accordance with the requirements of SPDC. c. Storm sewer' system shall .beCinstallednd inSrtandard accordance with the Design • Specifications of the City of Shakopee. d. Local streets within the plat will bec onstrhe ectedd in accordance with the -requirements Criteria and Standard Specifications of the City of Shakopee. - e. Street signs will be constructed oand einstalled rbyf the City of Shakopee ataecos t- $250. 00. each per sign po ., 'f.. Cash payment in lieu of park dedication shall. be required. .. g. No building permits shall be .,- issued forthe outlots until they have been replatted. 3 . A variance to the SubiS�reetsion R(1630tfeet and 1340 ions allowing two over length cul-de-sac �v:f:;�+Y•- - - • -...� " .~ * - Itry=�_t ry..-.�IC. feet) is granted-to' allow -the dedication of-right-ot , „z way of the proposed cul-de-sac streets to the east- T-:-.t4:::5;1„,-... property line. The applicant shall not construct these ;;; cul-de-sacs in excess of 1,000 feet until the land to =:X47. : the east of the plat is developed and street - connections can be made between the two developments. 1 . 4 . The non-exclusive easement for ingress and egress that currently exists along the southerly portion of the plat must be vacated prior to the recording of the final plat. 5. The following language shall be added to the Signature Block for the plat: "and pursuant to M.S.A. 505. 03 , Subd. 2 , we are in conformance. " 6. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 7 . The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. 8 . Drainage within the road right-of-way must remain within the right-of-way in areas adjacent to Outlots A, B, C, and D. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and - Developer's Agreement. Passed in4re lar session of the City Council of the City of Shakopee, Minnesota, held this /9c! day of "7a.0 , 1992 . ir Mayor Vity of Shakopee c_ ' City Clerk U. l J (./) Approved as to form: r City Attorney - C� • EXHIBIT C W/3 7a t )Aoor .71 /wet 1" 'e" / Dow/Nov ,'/,/(5 PLA/ 74e ,DRoe4o era tie, p4 ,14 AvirshOW5,4on4 /,l .5;a4. On,V f CcAt c4/;27 � 4 /rec. Al! S o.c) ()lc, 1'oot-d /7 , Z1 pe/Tte A L.so p caw c j,.tss S c Zcz s Ptejel /�ea� 'til e / .5 lAc aes/4r7 .¢ /yam /4/. 7teme/004.r7 Ple•rse Pcmp-d.s . r. /44 ! - tet' — - .. ..01.000 3_2.0.//•.OS ••••_a YC YUY j .'r;; \ to • s•.i•-' MI'.. O U5. / ` 45 OC '16'S F• t. • >'0 w'J' .\ s90 W o rLI •. 6 Z rr = • e • \\ ' ,1 Q 1 O s ' ,. 1 ( p"� • • (V e r .oa•'•°'1'— --- -^ -o• u ) I, �Y : °op sa 1- ?. 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I .�i0 " to \�\ 137 III m� ♦• \♦\`I b« • V 2i CI I III00S3 .�4ti , U1 •2 g ��� nQ n \♦♦♦ `l• �o W Q. • 0i',a6♦'• 4y V1u _NI L--- 6,'Ofi------,1L-__.-.-_.-61/hoc-.___----I -' --__ ♦ _ 1 a li'lCi 0 rtLI'02.00 03•t :);{ ':•.00'oi oo oS.` / ._. _ n n x (.1.1'ON•II'V'S.r.1)OVOa TIVHOSaVW cgi;4H_;u g. r COfCAN OI'YU2 10,03203]' t1•I•�).•I I'I' }J:.ovoa 1wHosavw:h Tcc.nN 22'1355 00•60 Jr1'61']3f.! •M_GO,ff.ON 066512'00'300.3513,035.03 3WN13111 --'x2 9u COyr 61]3S ' ./IJN A./1303Nil lair ai/CfI-""' s/1�N p•5/131'6J]rf • itY MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat Stonebrooke 2nd Addition DATE: July 14, 1993 INTRODUCTION: At their July 8, 1993, meeting, the Shakopee Planning Commission recommended approval of an Application for Final Plat Approval for Stonebrooke 2nd Addition, subject to conditions. On April 20, 1993 , the City Council approved two of three requested amendments to the Stonebrooke Planned Unit Development (PUD) , including a 36 stall parking lot expansion and permitting Outlot A to be developed with two single family lots instead of with commercial development, as originally proposed. Since the Planning Commission has continued the public hearing regarding the amendment requesting approval for the relocation of the twinhomes, the Final Plat for Stonebrooke 2nd Addition has not included the requested twinhome relocations. BACKGROUND: The site is located in the southeast corner of the intersection of CR 78 and CR 79, and adjacent to O'Dowd Lake. The northerly portion of the area is zoned Rural Residential (R-1) and the southerly portion is zoned Shoreland District (S) . The Stonebrooke PUD is located outside of the Urban Service Area. (See Exhibit A. ) Exhibit B is a copy of the Final Plat for the 1st Addition for reference purposes. As shown on the plat, twenty-one (21) lots in four (4) blocks are proposed in the Stonebrooke 2nd Addition. (See Exhibit C. ) Thirteen (13) single family residential lots have been proposed along Cambridge Way. Along Fairhaven Drive, a total of four (4) single family lots and two (2) twinhome lots have been proposed. The two twinhome lots along Fairhaven Drive (Lots 1 and 2 , Block 1) are in conformance with the approved PUD. CONSIDERATIONS: 1. A variance to the cul-de-sac street length limit (1, 000 feet in the rural service area) was approved by the City Council in the 1993 PUD amendment process. The applicant received approval to construct Fairhaven Drive 800 feet east of CR 79 and Cambridge Way (1, 800 feet) . Fairhaven Drive will connect with Lakeview Drive in future phases as shown on the approved Phasing Plan. Cambridge Way will be a permanent cul-de-sac street. 1 2 . The Stonebrooke PUD has a common private water system. A condition has been recommended requiring that the water system comply with the Shakopee Public Utilities Commission (SPUC) requirements and serve only properties within the PUD. 3 . Separate easements must be recorded for all off-site sewer areas as approved in the PUD process. There appears to be an overlap of sewer easements near Outlot A and the golf course clubhouse. A condition has been recommended requiring that documentation verifying the location of sewer easements be provided prior to the recording of the final plat. 4 . The 20" by 30" Final Plat provides two blocks that are proposed to be named "Block 1" . A condition has been recommended requiring the applicant to rename one of these blocks to "Block 2" . 5. The City Engineer has commented that the Stormwater Management Plan, and the Grading and Erosion Control Plan have been submitted and were accepted. Final construction plans have also been submitted, and only minor changes are anticipated. 6. Since the preliminary plat for the Stonebrooke PUD was approved after June 1, 1986, this project is exempted from the Wetlands Conservation Act of 1991. The Minnesota Department of Natural Resources (DNR) has reviewed the proposed plat, and has no objections. 7 . On the preliminary plat, a five foot strip of land between the exception parcel along CR 79 (owned by Dallas Plekkenpol) and Lot 1, Block 1 and Lot 13 , Block 3 was proposed. If the lots were platted as proposed, the lot widths for these two lots would measure only five feet and not meet the Zoning Ordinance requirements. A condition of the preliminary plat required the removal of the five foot strips. The applicant is proposing to plat these 5 foot wide strips of land as Outlots C and D with the Final Plat. Staff has reviewed the location of Outlot C as a future street connection. Outlot C is in an acceptable location. A condition has been recommended that requires Outlot C to be dedicated as right-of-way. 8 . The park dedication requirements for the 1st Addition were $250. 00 for a single family residential lots and $400. 00 for twinhome lots. The park dedication fees have been deferred to the time of Building Permit for each lot. Of the 36 lots in the 1st Addition, park dedication fees have been paid for 18 lots. Since the establishment of the park dedication fees for the 1st Addition, the park dedication requirements have been 2 amended in the subdivision regulations from a per lot fee method to a fair market value method. With the recently approved preliminary plat for the 2nd Addition, a new park dedication requirement was established. Based on low calculations performed during the preliminary plat approval process, the City Council authorized the hiring of an appraiser to perform an appraisal of the parcels in the second and third phases. The applicant has requested a deferment of the park dedication fees to the time of Building Permit. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the Final Plat for Stonebrooke 2nd Addition, 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. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . A variance to the subdivision regulations allowing an over- length cul-de-sac street (Fairhaven Drive/Cambridge Way, 1, 800 feet) is granted until Fairhaven Drive is constructed to Wood Duck Trail. 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. Separate easements shall be provided for all off-site septic systems prior to the recording of the final plat. Documentation verifying the locations of these sewer easements shall also be provided to the City prior to their recording. 3 6. Prior to the approval of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 7 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 8 . The applicant shall provide a revised Final Plat which renames one of the two blocks that are named "Block 1" to "Block 2" . 9 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 10. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 11. Outlot C shall be shown as right-of-way to be platted with Stonebrooke 2nd Addition on a revised final plat. ACTION REQUESTED: Offer Resolution No. 3831, A Resolution Approving the Final Plat of Stonebrooke 2nd Addition, and move its adoption. 4 RESOLUTION NO. 3831 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF STONEBROOKE 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Stonebrooke 2nd Addition on July 8, 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 Final Plat of Stonebrooke 2nd Addition, described as: Outlots A, C, and E, Stonebrooke 1st Addition is 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. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . A variance to the subdivision regulations allowing an over- length cul-de-sac street (Fairhaven Drive/Cambridge Way, 1, 800 feet) is granted until Fairhaven Drive is constructed to Wood Duck Trail. 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5 5. Separate easements shall be provided for all off-site septic systems prior to the recording of the final plat. Documentation verifying the locations of these sewer easements shall also be provided to the City prior to their recording. 6. Prior to the approval of the final plat, final construction plans for all public improvements must be approved by the City Engineer. 7 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 8 . The applicant shall provide a revised Final Plat which renames one of the two blocks that are named "Block 1" to "Block 2" . 9 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 10. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 11. Outlot C shall be shown as right-of-way to be platted with Stonebrooke 2nd Addition on a revised final plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 6 • -•: EXHIBIT A -,.. •• • 1 --I • _ i. � :� II1 Elk t •- ,.��: t 1 ' c;-a:ss I 1 t. CC F.^• 7? I :.yam,;.... '.: X44 � f — i - 'ML • M�'� 1 ` E_ R_1___. t k: n.. .r / 4/V -2:—'‘. - -- I ° i t 7 4 c� { ,jam! • AG AGRICULTURE 1 , _,,s i a \ R 1 RURAL RESIDENTIAL . ' l'* i . • R2 URBAN RESIDENTIAL 1 �.— ` • •� 1 R3 MID—DENSITY RES. R4 MULTI FAMILY RES. i ! 1 ones==. 1 t ! it:1.eM - I 1 { i i B 1 HIGHWAY BUSINESS I . ... ...-- ..1..1, S 1 -• _ ._.• . .-- B2 COMMUNITY BUSINESS ;r.. , • __ B3 CENTRAL BUSINESS ± 11 LIGHT INDUSTRIAL -�_; , 1 • �-f-- `i- r•mss�, s 12 HEAVY INDUSTRIAL I�I S SHORELAND I ::: �; `"'' ` �_ _• L_ r DPLAIN DISTRICTt• � ; _.—.• MANDATORY PUD L jI `. t4i i�.L„ _ -•—s�� _ J — RTD RACETRACK DISTRICT' ; _ _ — Zoning Map City' of SHAKOPEE . '1; _ .., ..... _, Exm-BIT B KN.\ -1- ...„_.... „...,.... 1 ... , .. 1.1.•••••=.mow ••/7 •II*.•6 I-P••• I I Z il '.• • •C\I •it_It ,..'4,4:, • I •.--,,-—.---..•r•••••-•••••-••• I l", h.'s•!! •_ f' "-""•••••• • • 3 \ 'NZE1110;t1 no I il; • -„);10 ,.,.- , lrl'! .._ „.......... . Ll. --m r.t r• ii . \•....,.... ... .. .-. I ;--- . Abith...;2 11 ... ., i;73- • ,-i • li I: a' : 0 . •S` _i ) kg • 1 N :.-'IA -.1 , C.••• ._..-, ,1 ,s• • 02.100,0 .—,..., r—--• )-- —,..,••.., 0 la ----.... ......... 1 loiino it , • ....- z vs a I • . 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Rv•111.1 It:1D'NW M••e' ` / Ioj SHAKOPEE FIRE DEPARTMENT Department Memo To: Dennis Kraft, City Administrator Members of the Council From: Frank Ries, Fire Chief Date: July 7, 1993 Subject: Hiring of Fire Fighters Background: The city council approved an increase of three (3) fire fighters in the year 1993 . This increased total staff to 38 . During 1993 we also had the retirement of one (1) fire fighter - George Breeggemann. This leaves four (4) openings on our roster. On July 10th the Shakopee Fire Department conducted a oral interviews and physical agility tests for seven (7) candidates. From this process, the following were the top four candidates in order: Bob Riesgraf Ed Schwaesdall Dennis Pauly Christopher Link Recommendation: We recommend council approve these candidates to be hired to the Shakopee Fire Department. i N h //b MEMO TO: Dennis R. Kraft, City Administrator /- CFROM: Judith S. Cox, City Clerk_, Re: Application for Premises Per it from Disabled American Veterans DATE: July 16, 1993 INTRODUCTION AND BACKGROUND: The Disabled American Veterans are making application with the Gambling Control Board for a premises permit at Dangerfield's Restaurant, 1583 East 1st Avenue. You may remember that the Shakopee Youth Baseball/Softball Association has discontinued its sales of pull-tabs at all three of their licensed premises one of which was Dangerfield's Restaurant. The current city gambling regulations require each licensed organization conducting lawful gambling within the City to expend 75% of its expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. In addition to the City of Shakopee, the trade area includes each city contiguous to the City of Shakopee. (The regulations also require filing monthly reports which include a "Schedule C" which identifies the lawful purpose expenditures made during that month. ) Mr. Wayne Blue, Sr. , from the Disabled American Veterans, is aware of Shakopee's requirements and believes that they can comply with them. He would like to speak to the City Council for just a couple of minutes in support of City Council approval of the premises permit. ALTERNATIVES: 1] Approve request 2] Deny request 3 ] Table for additional information RECOMMENDATION: After hearing Mr. Blue's comments, staff recommends alternative #1, approval of the request, unless City Council has sufficient reason to believe that the applicant can't comply with the City's gambling requirements. RECOMMENDED ACTION: Offer Resolution No. 3837, A Resolution of The City of Shakopee, Minnesota, Approving A Premises Permit for the Disabled American Veterans, and move its adoption. RESOLUTION NO. 3837 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR THE DISABLED AMERICAN VETERANS WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, the Disabled American Veterans are seeking a Premises Permit for Dangerfield's Restaurant Inc. , 1583 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Disabled American Veterans at Dangerfield's Restaurant Inc. , 1583 East 1st Avenue, Shakopee, Minnesota, be approved. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of July, 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney lT CON iic MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler RE: Jaycees Temporary Beer Lic ses DATE: July 14, 1993 INTRODUCTION AND BACKGROUND: The Shakopee Jaycees have applied for three temporary non- intoxicating (3 . 2 beer) liquor licenses. The license applications are for August 6th-8th at Canterbury Downs for the Minnesota 50's Summer Nationals car show, for August 7th at Lions Park for Derby Days, and for July 30th-August 1st at Tahpah Park for a softball tournament. All applications and insurance requirements are in order. RECOMMENDED ACTION: Move to approve the applications and grant temporary non- intoxicating liquor licenses to the Shakopee Jaycees for August 6th-8th at Canterbury Downs, for August 7th at Lions Park, and for July 30th-August 1st, 1993 at Tahpah Park. Ladbroke lesoor*")„, Canterbury Downs June 25,1993 Ms.Judy Cox City Clerk City of Shakopee 129 South Holmes Street Shakopee,Minnesota 55379 Dear Judy, This letter is to confirm the conversation between yourself and Troy Mertens this afternoon. Ladbroke grants the Shakopee Jaycees the right to control and operate the beer sales during the Minnesota 50's Summer Nationals event that will be held on our property. The event will take place in August on the 6,7,and 8th of 1993. However,Ladbroke does reserve the right to cancel this right at any time if we feel that the sale of beer would be harmful to either the City of Shakopee or Ladbroke Racing. Ladbroke Racing Canterbury Inc.and any and all affiliated companies will not be held responsible for any circumstances resulting from the sale of alcohol. Sincerely, ##‘101 ielaimmomm. Richard S.Brown Facilities Manager c\winword\tj m\ci ty l.doc Ladbroke at Canterbury Downs 1100 Canterbury Road, Shakopee, Minnesota 55379 Phone (612) 445-7223 FAX (612) 496-7741 tr A Ladbroke Group Company CONSENT �d MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City ClerkC RE: Chamber of Commerce - Circus\ License DATE: July 14 , 1993 INTRODUCTION AND BACKGROUND: The Shakopee Chamber of Commerce is sponsoring a circus by Carson & Barnes Five Ring Circus for August 6th at Canterbury Downs in conjunction with Derby Days. The application and insurance for this event are in order. RECOMMENDED ACTION: Approve the application and grant a license to the Shakopee Chamber of Commerce for circus performances by Carson & Barnes Five Ring Circus on August 6, 1993 at Canterbury Downs. L adbroke Canterbury Downs July 6, 1993 Shakopee Chamber of Commerce 1801 Trunk Highway 101 Shakopee, MN 55379 Dear Chamber: I am pleased to announce the following reservations: Shakopee Chamber of Commerce Gravel Overflow Lot August 6, 1993 2pm and 8pm We at Ladbroke Racing Inc. are looking forward to your event coming up in August. We are pleased to be in the position to help the chamber put on such a wonderful program. Last years' event was enjoyable for all who attended, and we hope that this year is just as successful as it was last. We will keep our fingers crossed for good weather. If I may be of any assistance please contact me at (612)--445-0511. Sincerely, ichard S. Brown Facilities Manager RSEVyrn \winwordknMoirws.doc Ladbroke at Canterbury Downs 1100 Canterbury Rood. Shakopee. Minnesota 55379 >none (612) 445-7223 FAX !f'2) 495-7741 A Ladbroke Group Company CONSENT 1/9) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Request for Deferment of Special Assessments DATE: July 15, 1993 INTRODUCTION: The City of Shakopee has received an application from Arthur H. Smith for the deferment of special assessments against his property as a result of the 2nd Avenue Improvements, Project #1991- 3 . BACKGROUND: As you are aware, both Minnesota Statutes and the City Code have provisions for Senior Citizens to defer their special assessment if it would be a hardship for them to make the payments . Mr. Smith has completed an application stating that it would be a hardship for him to make the payments for the special assessments against his property as a result of the recent improvements to 2nd Avenue. According to Mr. Smith' s application he does meet the conditions outlined in the City Code. Mr. Smith has already paid the first one-half of 1993 taxes which includes one-half of the first years payment and interest on this assessment . Mr. Voxland has advised me that the City can approve deferral of the whole original assessment and refund the amount of assessments already paid. The County Treasurer' s office will send Mr. Smith a new tax statement for the October 15th payment without the special assessment . ALTERNATIVES : 1 . Approve the request . 2 . Deny the request . 3 . Approve refund. 4 . Deny refund. RECOMMENDATION: Alternative #1 and #3, Approve the deferment and refund. REOUESTED ACTION: Approve the application from Mr. Arthur Smith, 921 East 3rd Avenue, and grant deferment of special assessments to parcel #27- 004091-0 for the 1991-3 2nd Avenue Public Improvements, pursuant to the conditions outlined in Section 2 . 82 of the City Code, and, approve refunding $255 . 53 already paid. JSC/tiv i/ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Milwaukee Manor DATE: July 14, 1993 INTRODUCTION: Attached is a request from the developer of the Milwaukee Manor Subdivision regarding reimbursement for constructing Dakota Street oversized. BACKGROUND: As part of the Milwaukee Manor Subdivision, Dakota Street will be constructed between 4th Avenue and 7th Avenue. Because all of the streets in this area of the City are 40 feet wide and because the existing Dakota Street at each end is 40 feet, staff indicated to the developer that Dakota Street must also be constructed 40 feet wide The developer is requesting to be reimbursed for constructing the street wider than 36 feet. The costs for this additional street width have been calculated at $2,500.00, based on actual bid prices obtained by the developer. ALTERNATIVES: 1. Adopt the request. 2. Deny the request. RECOMMENDATION: Staff recommends denial of this request. Most of the streets in this area are part of the East Shakopee Plat and were all constructed to a width of 40 feet. The proposed Milwaukee Manor Plat is merely connecting the two ends of the existing Dakota Street by constructing one more block of the street and providing in-fill development to a developed area of Shakopee. Based on the existing street characteristics in this area, staff does not consider the construction of one block of Dakota Street to a width of 40 feet as oversizing, but rather a standard width for this area. ACTION REQUESTED: Move to authorize the appropriate City officials to reimburse Mr. LeRoy Menke for street oversizing costs in the amount of$2,500.00 for Milwaukee Manor Subdivision. (City Council should either vote the motion up or down depending on wishes of the Council). Menke Construction 4: % = Ith8St 1185 Shumway Shakopee, MN 55379 445-2710 6-16-1993 To City of Shakopeee Dave Hutton, City Eng. , This reques, is for City to sharee in expense od street on Dakota Street in Milwaukee Manop 1st Add.to be built as 40ft. street instead of normal 36 ft . wide street . It is for grading, classy Bit . wearcourse and bit . base course. Thank You, TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Authority To Pay Claims DATE: June 28, 1993 Introduction The 1993 Legislature passed a bill permitting cities to allow administrative officials to pay claims and bills prior to council review. Background The 1993 Legislature granted cities the authority to permit staff to pay bills if the city prepares annual audited financial statements and there are adequate internal accounting and administrative controls to ensure proper disbursement and council reviews bills at the next regular meeting. There are certain bills that the city receives that are advantageous to pay before the next council meeting and approval of a bill list. Included in such bills are items that are administratively advantageous to pay early due to billing cycles, have a discount for early payment or other circumstances. Staff is recommending that the attached resolution be adopted which will give staff the authority to pay bills before council approval. It is not anticipated that there will be a significant change in the way business is done or that there will be a large number of bills processed under this provision. The most frequent type of bill is monthly utility bills or insurance premiums. Council should discuss the resolution and the criteria contained therein and modifing if desired. Alternatives 1. Approve resolution as drafted. 2. Approve resolution as amended. 3. Do not approve resolution. Recommendation Alternative number 1. Action Requested Offer Resolution No. 3826 A Resolution Authorizing Administrative Personnel To Pay Claims And Bills Prior To Council Review and move its adoption. RESOLUTION NO. 3826 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DELEGATING AUTHORITY TO PAY CERTAIN CLAIMS. WHEREAS, the legislature has authorized the City Council to delegate authority to pay certain claims made against the City to an administrative official; and WHEREAS, the City Council desires to delegate this authority to the Director of Finance; and WHEREAS, the City has adopted internal accounting and administrative control procedures which ensure the proper disbursement of public funds, including regular and frequent review of the actions of the Director of Finance by the Council . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Director of Finance is authorized to pay claims made against the City under the adopted standards and procedures of the City, when one of the following circumstances is present : 1 . The payment is for an amount under $20,000 and either: a. There is an administrative advantage due to the timing of the bill or the bill cycle; or b. A monetary saving could be realized by early payment under this policy. 2 . The payment is for a repetitious purchase which has had prior City Council approval in substantially the same amount or form (e.g. , a utility bill) . -A list of all claims paid under this policy shall be presented to the Council for informational purposes at the next regularly scheduled meeting after payment of the claim. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : iL City C k r Approved as to form: L ;� / City Attorney [16RES] TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Equipment Maintenance Sinking Fund DATE: July 6, 1993 Introduction Council indicated an interest in creating an equipment maintenance "sinking fund" to provide for the replacement or major repair of such items as HVAC for city buildings. Background Perceived pros and cons of setting up a "sinking fund" for major equipment maintenance and repair of city buildings include: Pro: 1. Even out budget/cost impact on General Fund. Con: 1. Another fund or pocket for the financing of city operations is confusing to the public and sometimes confusing to Council and staff. 2. A government entity should have the minimum number of funds needed or required to operate. "Governmental units should establish and maintain those funds required by law and sound financial administration. Only the minimum number of funds consistent with legal and operating requirements should be established, however, because unnecessary funds result in inflexibility, undue complexity, and inefficient financial administration." Governmental Accounting, Auditing And Financial Reporting. GFOA 1988. 3. Council has given direction to staff to budget for the scheduled replacement of more items before they fail and present an emergency situation. This should reduced the need for a "sinking fund". 4. Such a fund does not have a defined source of revenue. It is understood that funding would come from transfers in from the General Fund which are not a "revenue source" but are instead an other financing source. As such, classification as a special revenue fund type would not be appropriate. It clearly would not be a debt service fund or an enterprise fund. Capital projects funds are defined as being for "the acquisition or construction of major capital facilities". The cost of replacement of building equipment is very minor compared to the cost of the building and as such is just not within the scope of a capital projects fund type. Internal service funds provide a service or good to other funds within a government and charge for that service. Renting a HVAC unit over 15 or 20 years presents an administrative effort far in excess of the benefits to be achieved. An internal service fund would not be appropriate as funding is by transfers in. 5. Experience over the past 15 years has not shown that replacement of building equipment caused a serious budget problem for the general fund. This would be a legitimate use of the contingency appropriation or an additional appropriation utilizing fund balance in the General Fund. 6. I would consider the replacement of an HVAC unit to be a maintenance cost and therefore should be a General Fund cost. Alternatives 1. Status quo. Replacement of HVAC units is a General Fund cost from either annual budget appropriations, contingency or additional appropriation of fund balance. 2. Keep costs within the general fund but increase the contingency an additional amount for HVAC replacement. 3. Set up a "Building Equipment" capital projects fund supported by transfers in from the general fund as determined by Council. 4. Set up a "Building Equipment" capital projects fund supported by annual fees charged to general fund departments. 5. Set up a portion of the fund balance in the general fund as a reserve for building equipment replacement. 6. Set up a "Building Equipment" internal service fund supported by annual fees charged to general fund departments. Recommendation Alternative number 1 or 2. There has not been a budget problem in the past because of this type of situation. The estimated costs in relation to the total general fund budget and fund balance are minor. Based on the above information, the benefits to be derived do not warrant another fund. Action Requested Move to maintain the current method of paying for building equipment maintenance and replacement via the departments budget and/or contingency appropriation. other94\hvacfd TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: New Fee On Garbage Collection Service DATE: July 12, 1993 Introduction Council action to increase garbage service rates for one month is requested. Background The state has assessed a new fee on garbage service customers and the collector (biller) is required to collect a fee of $2.00 for each customer who has service on July 1. In order to implement this, the city will have to increase the garbage service fee by $1.88 for the month of July. The $1.88 increase in the rate is taxable so the total increase in the bill is $2.00. SPUC does not have capacity in the billing system to add a flat $2.00 as a miscellaneous charge, therefore the garbage rate will have to be increased. Staff has taken the liberty of directing SPUC to increase the garbage rate by $1.88 for the bills sent out about August 1 in order to comply with the state requirement. This is for one month only but will happen next year. Action Requested Move to direct that garbage service rates be increased by $1.88 for one month to generate the garbage service assessment fee mandated by and to be remitted to the state. CONSENT 11 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Group Insurance Proposals DATE: July 9, 1993 Introduction The City should be preparing for soliciting group insurance proposals for 1/1/94. Background In order to comply with state law, the City should solicit proposals for group insurance coverage including health, accidental death and dismemberment, life insurance and long term disability. The law requires proposals, not bids, in order to get local governments to review costs without making them take the lowest bid and go through the process of changing carriers for a small change in premium or changing away from a carrier with whom they are satisfied. The law requires such a process be done at least every 5 years and Shakopee is at that point. Last time the City went through an actual bid process under the law in effect at that time. Council retained the services of Corporate Risk Management for the process. Corporate Risk is available for the 1993 process and funds are available in the 1993 Finance Department budget to cover the cost which should be about $2,500 - $3,000. Staff does not have the expertise needed in this area. Alternatives 1. Do not solicit proposals. 2. Solicit proposals utilizing existing staff. 3. Solicit proposals utilizing Corporate Risk. 4. Solicit proposals utilizing another consultant. Recommendation Alternative 3. Action Requested Move to authorize staff to retain Corporate Risk Managers to solicit and evaluate proposals for 1994 group insurance policies. memo\94blues CO i IdpSEN 1l1< TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Special Assessment Abatement For 2nd Ave. Project DATE: July 6, 1993 Introduction The City has received a request for the adjustment of special assessment payments due following the settlement of a appeal. Background The special assessment for the 2nd Ave. project for parcel 27-004071-1 was appealed and a reduction in the amount was agreed upon. The owner of the parcel wishes to have the pay 1993 installment reduced through the abatement process in order to reduce the monthly escrow payment. The county will process the abatement request from the city and issue a replacement tax statement. Alternatives 1. Status Quo with the reduction showing up on the pay 1994 and subsequent tax statements. 2. Request abatement in the pay 1993 tax statement. Recommendation Alternative #2. Action Move to request Scott County to approve of the reduction in the amount of the special assessment due on the pay 1993 tax statements for parcel 27-004071-1, 2nd Ave. project, code 27076 from a total of $997.14 to $560.53. memo\Hicks July 8, 1993 Margaret Hartung 12761 Gerard 1)r. Eden Prairie, MN 55346 Greg Voxland 129 Holmes Street South Shakopee, Minnesota 55379 RE: Parcel Number: 27:004071-1 Tax Payer Idii: 40865 Property Owner: Theresa Hicks Address: 211 Minnesota Street Dear Mr. Voxland: This letter is a follow up to our recent telephone conversation on July 7, 1993. My mother, Theresa Hicks, appealed the assessment charges as a result of the Second Avenue project. We have come to an agreement of $3,000.00 in May with one of your attorney's. Theresa Hicks passed away on June 18, 1993. The property will be transferred into my brothers name, Robert Ray Hicks. The mortgage company is shooting for August 1, 1993 as the new loan date. The mortgage company has requested a corrected second half property tax statement. They will then adjust the mortgage payment. - This will ease the monthy financial responsibility for the new homeowner. Please send me a corrected second half property tax statement on the above property. Thank you for your cooperation and assistance in this matter. Sincerely, LA/ . Mar ar ctun E"xecutor g IlL CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (7/14/93) for the 1993 budget, although on the attached printout there appear to be a few divisions running close to their budget. Attached is a print out showing the budget status as of 07/14/93 for 1993 based on data entered as of that date. - - CITY OF SHAKOPEE -7//k//S3 EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR & COUNCIL 69,140 1,464 25,176 36 12 CITY ADMINISTRATOR 252,920 15,769 124,621 49 13 CITY CLERK 112,370 11,192 59,239 53 15 FINANCE 267,370 12,428 144,284 54 16 LEGAL COUNSEL 155,820 10,774 73,550 47 17 PLANNING 293,510 11,866 117,297 40 18 GENERAL GOVERNMENT BUILDINGS 114,160 5,672 65,755 58 31 POLICE 1;307;140 83,828 769,511 59 32 FIRE 805,820 11,765 101,785 13 33 INSPECTION-BLDG-PLMBG-HTG 161,754 12,047 76,405 47 41 ENGINEERING 332,280 19,694 136,026 41 42 STREET MAINTENANCE 683,896 20,770 299,897 44 44 SHOP 148,120 7,164 58,340 39 46 PARK MAINTENANCE 315,940 16,241 156,334 49 48 REFUSE COLLECTION 513,550 40,153 251,472 49 61 POOL 150,300 24,612 76,425 51 64 RECREATION 198,540 14,884 102,565 52 91 UNALLOCATED 126,240 138,576 32,629 26 TOTAL GENERAL FUND - 6,008,870 458,899 2,671,311 44 17 PLANNING 360,860 15,310 175,473 49 TOTAL TRANSIT 360,860 15,310 175,473 49 12 CITY ADMINISTRATOR 64,870 1,757 30,204 47 TOTAL HRA 64,870 1,757 30,204 47 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 • F ,- owHwa.a=-_ _a +i4r TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: City Contribution To Shakopee Fire Relief Association DATE: July 14, 1993 Introduction The City has received notice from the State that the Fire Relief contribution was under paid in 1992. Backaround The City has received notice from the State Auditor's Office that the contribution to the Shakopee Fire Relief Association was under paid in 1992. They are holding up on processing state aid for 1993 until the situation is corrected. The certification by the Association to the City for the contribution in 1992 seemed to contain several relatively minor errors. Apparently, there never was a corrected version filed with the city. The basic problem however, was that when I processed the voucher to pay the 1992 contribution, i inadvertently picked up the amount due for 19.93, resulting in an_underpayment in 1992. The state is saying that the City needs to pay the Association $6,245.00 for 1992 before it will proceed with processing the 1993 state aid payment. Additionally, the State is saying that the contribution for 1993 should be $41,993 instead of the $28,191 that the Association certified to the City in August 1992. The Association has retained James Streefland to reconcile the differences and identify any problems with the schedules used for the certification. The amount of $6,245.00 that the state says is due for 1992 is included on the bill list in order to expedite the process of securing the 1993 state aid. Firedept\state Ci a w w S w w `° Cw w w w w w z 0o co co co CO CO CO Co CO V V w H Cr. 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N N r 0 '0 00 00 -J V 0% 0% C% C+ U+ Z H a a a a W a a H 00 a 00 a a H Z Z b [tz1 H H H 0 0 H H X H H H H H H C'' "0 "0 "A C/ Z Z Z 0 0 Z H "0 H b b 9 "X0 b b '� 7 M M 0 [T1 "0 ' 'TJ M 'r1 C H O 0 < 70 7d M M H H M 0 O O O C < [21 < 0 0 0 H H 0 C Z Z VI [23"21 CCr1 CCr1 [C=1 "21 '=7 VI VI Z < 0 tt21 [TI [C+7 t21 r21 C7i H yCC7 Z Pd C C "ri C-4 r r rn r mo to W N -co N W N N -CO N N r -CO, N -CO -CO N -CO H 0 CO -...1 UI UI -4 W W UI N F r W Co VI W N -4 •. I--. - - - N W OD Q` W VI N tO 00 r u' N N 03 F r oo -4 0% N N CO 'O 03 03 0 C+ VI v 0 v UI 03 N CO 0' N UI N 'O VI O O O W O N O VI O VI O v UI 4 N U O O NW O 4- UI N r U+ 0 0 0 0 0 U+ 0 U+ VI 0 0 VI F'' N3 Jn OQ fD r C C a C C O • z z z z z o d d o * 03 CO 00 V V n O 0 0 0 0 Cj) n tz7 C ro N v) k Cln H 0 Z o H o 1-3 ° H H re •e a z t1 H H 9. [[21 [_) Pa H r 0% r 0 '.0 N W O N N N N 03 CO N N 0% w O '.o A 0 ON w 0% 0 %0 VS' %0 CO w N VO Ln O\ Lri N N w o Ul r r w b 3) as fD // AA CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk 1_,./ RE: Appointing Acting City Clerk DATE: July 16, 1993 Introduction and Background: I am planning on taking vacation the week of July 25th. In the event that documents would need to be signed during my absence, I recommend that Mr. Stock be appointed acting city clerk during this time. Recommended Action: Appoint Mr. Barry Stock as Acting City Clerk for the period July 25th to July 31st, 1993 . CONSENT I/ N MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Internal Reorganization of City Staffing DATE: July 16, 1993 INTRODUCTION: This item relates to transferring the position of M.I.S. Coordinator from the Administration Department to the Planning Department, changing the position from an exempt to a non-exempt position, and removing the eligibility for the position to receive an extra 40 hours of leave per year as provided for certain employees who consistently work more than 40 hours per week. BACKGROUND: The Management Information System's (M. I. S. ) Coordinator position is currently in the Administration Department and the incumbent reports directly to the City Administrator. After a lengthy analysis of the functioning of this position, the City Administrator, in consultation with department directors, has come to the conclusion that the provision of computer services will be provided in a more efficient manner by transferring this position to the Planning Department. This transfer will allow a higher level of supervision and coordination of the activities of M. I.S. Coordinator. In that the Planning Department is continuing to become more heavily involved in the usage of computer systems, the reassignment to this department is logical. As was indicated earlier, the City Administrator is in the process of appointing a computer user committee, which will be composed of personnel from various departments who have day-to-day involvement with the City's computer system and who will be able to contribute to the more efficient operation of the in-house computing operation. The specific charges of this committee will include providing periodic feedback on ways of more efficiently operating the City's computer system as well as making recommendations on training for computer users and hardware and software purchases. In reviewing the responsibilities of the M. I. S. position, it is my opinion that the position does not "fairly consistently work more then 40 hours per week" , unlike department heads and many other professional employees. Therefore the additional 40 hours per leave that this position currently receives as provided for in Section 8, Subd. 6 of the Personnel Policy, will no longer apply. In reviewing the position responsibilities and comparing them to the current Fair Labor Standards Act, it is my opinion and that of the City Attorney that the position should be changed from an exempt position to a non-exempt position and that the employee be compensated on an hourly basis rather than a salaried basis. By doing so the interests of equity and fairness will be best served, along with the intent of the city council in adopting this provision of the Personnel Policy. RECOMMENDATION: It is recommended that the City Council approve the transferring of the M. I.S. Coordinator from the Administrative Department to the Planning Department and that the City Council affirm the City Administrator's decision to change the M. I.S. Coordinator position from an exempt position to a non-exempt position and further affirm that the position no longer be eligible for an additional 40 hours of leave per year as provided in Section 8, Subd. 6 of the City Personnel Policy. ACTION REQUESTED: Move to transfer the M.I.S. Coordinator position from the Administration Department to the Planning Department and change the position from an exempt to a non-exempt position, with the recognition that the position will no longer receive an additional 40 hours leave per year as provided for in the City's Personnel Policy. CONSENT ieztu TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Budget Amendment Resolution No. 3830 DATE: July 8, 1993 Introduction Due to the pay increase required by the recently accepted Union contract for clerical workers, an amendment to the 1993 budget is warranted. Background Attached is a resolution that amends the 1993 budget to provide appropriations in accordance with the 1993 union contract for clerical, technical, and maintenance personnel. Alternatives 1. Approve resolution as presented. 2 . Amend resolution and approve. 3 . Do not approve resolution. Action Offer Resolution No. 3830 A Resolution amending Resolution No. 3720 Adopting the 1993 Budget and move its adoption. RESOLUTION 3830 A RESOLUTION AMENDING RESOLUTION 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: Fund Division Account Amount General City Clerk Personal Services 730. General Finance Personal Services 2,110. General Planning Personal Services 850. General Gov. Bldgs. Personal Services 1,290. General Police Personal Services 2,080. General Inspection Personal Services 2,210 General Engineering Personal Services 4,100. General Streets Personal Services 550. General Recreation Personal Services 1,470. General Unallocated Contingency (15,390.) Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney CONSENT '. b MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of portion of the 10th Avenue right- of-way south of Lot 3 , Block 3, Scenic Heights 2nd Addition DATE: July 6, 1993 INTRODUCTION: The attached Resolution No. 3829 sets a public hearing date to consider the vacation of a portion of the 10th Avenue right-of-way south of Lot 3 , Block 3 , Scenic Heights 2nd Addition. DISCUSSION: The City has received a petition requesting the vacation of a 17 foot wide portion of the 10th Avenue right-of-way located south of Lot 3 , Block 3 , Scenic Heights 2nd Addition. The attached resolution sets a public hearing for August 17, 1993 . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 3829, A Resolution Setting the Public Hearing Date to Consider the Vacation of a 17 foot wide portion of the 10th Avenue right-of-way located south of Lot 3 , Block 3 , Scenic Heights 2nd Addition, and move its adoption. RESOLUTION NO. 3829 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A 17 FOOT WIDE PORTION OF THE 10TH AVENUE RIGHT-OF-WAY LOCATED SOUTH OF LOT 3, BLOCK 3, SCENIC HEIGHTS 2ND ADDITION. WHEREAS, it has been made to appear to the Shakopee City Council that a 17 foot wide portion of the 10th Avenue right-of-way located south of Lot 3 , Block 3 , Scenic Heights 2nd Addition serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 17th day of August, 1993 , at 7 : 00 P.M. or thereafter, on the matter of vacating a 17 foot wide portion of the 10th Avenue right-of-way located south of Lot 3 , Block 3 , Scenic Heights 2nd Addition. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be -given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall . Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1993 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSENT /,, c_, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Valley Park 11th Addition D DATE: July 15, 1993 INTRODUCTION & BACKGROUND: On July 6, 1993 the City Council authorized the execution of a license agreement with the Chicago and Northwestern Transportation Company (C. & N.W.) regarding the installation of a new culvert as part of the Valley Park 11th Addition. This action was taken by motion, rather than resolution. The C. & N.W. has indicated that the City must adopt a resolution authorizing the execution of the agreement. Attached is the appropriate resolution for City Council consideration. RECOMMENDATION: This is basically housekeeping item and staff recommends adopting Resolution No. 3835. ACTION REQUESTED: Offer Resolution No. 3835, A Resolution Authorizing the Appropriate City Officials to Execute a License Agreement with the Chicago and Northwestern Transportation Company for the Installation of a Storm Sewer Associated with Valley Park 11th Addition, Project No. 1993-10 and move its adoption. DEH/pmp MEM3835 RESOLUTION NO. 3835 A Resolution Authorizing The Appropriate City Officials To Execute A License Agreement With The Chicago and Northwestern Transportation Company For The Installation Of A Storm Sewer Associated With Valley Park 11th Addition Project No. 1993-10 WHEREAS, the City of Shakopee desires to install a new storm sewer pipe under the Chicago and Northwestern Transportation Company tracks as part of the Valley Park 11th Project No. 1993-10; and WHEREAS, the Chicago and Northwestern Transportation Company has submitted a license agreement to the City for execution. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the appropriate City officials are hereby authorized to execute the attached license agreement, hereby referred to as Exhibit A, with the Chicago and Northwestern Transportation Company for a new storm sewer pipe as part of the Valley Park 11th Addition Project. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT a .1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director�, SUBJECT: 1993 Street Reconstruction Y� Project No. 1993-7 DATE: July 14, 1993 INTRODUCTION AND BACKGROUND: On July 6, 1993 the City Council adopted Resolution No. 3825, which awarded the bid on the above referenced project to S.M. Hentges & Sons, Inc. A portion of this project is on the State Aid System. The State Aid office of Mn/DOT is required to approved all plans and specifications for State Aid projects prior to the award of bids. For this particular project, the State Aid office was aware of the time constraints associated with this project and had indicated they would have their review completed and approve the plans prior to the July 6, 1993 City Council meeting. Unfortunately, the State Aid office did not complete their review and grant approval of the plans until Monday, July 12, 1993. This presents a problem to the City because if a bid is awarded prior to State Aid approval, Mn/DOT will not provide any funding to the City for those State Aid streets. If the resolution had been adopted contingent on State Aid approving the plans, there would be no problem. Therefore, staff feels that the best course of action would be to repeal Resolution No. 3825 and then adopt a new resolution, awarding the bids contingent on State Aid approval of the plans. ACTION REQUESTED: 1. Offer Resolution No. 3833, A Resolution Repealing Resolution No. 3825 and move its adoption. 2. Offer Resolution No. 3834, A Resolution Accepting Bids on the 1993 Street Reconstruction Project No. 1993-7 and move its adoption. DEH/pmp MEM3833 RESOLUTION NO. 3833 A Resolution Repealing Resolution No. 3825 WHEREAS, on July 6, 1993 the City Council of Shakopee adopted Resolution No. 3825 which accepted bids and awarded the contract for the 1993 Street Reconstruction Project No. 1993-7; and WHEREAS, the Minnesota Department of Transportation Office of State Aid failed to approve the plans and specifications prior to the July 6, 1993 award. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that Resolution No. 3825 adopted on July 6, 1993 is hereby repealed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney RESOLUTION NO. 3834 A Resolution Accepting Bids On The 1993 Street Reconstruction Project No. 1993-7 WHEREAS, pursuant to an advertisement for bids for the 1993 Street Reconstruction Project No. 1993-7,bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.M. Hentges & Sons $1,324,060.00 S.J. Louis Construction $1,382,898.00 C.S. McCrossan Construction $1,476,058.93 Arcon Construction $1,563,800.57 Barbarossa & Sons $1,593,322.05 Northdale Construction $1,626,003.00 Ryan Contracting $1,630,390.00 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc., P.O. Box 212, Shakopee, MN 55379 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 S.M. Hentges& Sons, Inc., in the name of the City of Shakopee for the 1993 Street Reconstruction Project improvements including pavement, curb& gutter, sidewalks, storm sewer, utilities and all the necessary appurtenances according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk, contingent on the Minnesota Department of Transporation State Aid Office approving the plans and specifications. 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 , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSLJT i EXPLANATION TO ORDINANCE 360 ORIGINATING DEPARTMENT: Law Department PURPOSE: To clarify the regulation of wild animals . REMARKS: City staff recently has had reports of a cougar being temporarily housed in the City. In reviewing the ordinances, it appears that non-domestic and non-farm animals were intended to be prohibited, but the ordinance did not clearly do so. This revision will specify that wild animals are prohibited in Shakopee . As a house-cleaning matter, the provisions requiring quarantine of biting animals were revised to be limited to rabies-carrying animals. The language discusses testing for rabies, but requires quarantine of all animals . ACTION REQUESTED: Offer Ordinance No. 360, an ordinance amending Chapter 10, Public Protection, Crimes and Offenses of the City Code, by repealing Sec. 10 . 22, Animals and Fowl - Keeping, Housing, Treatment, Restraining, Confinement and Trespasses and Biting Animals, and enacting one new section in lieu thereof, and move its adoption. Submitted by: f2-41:4 City Attorney [10 .22] 1 ORDINANCE NO. 360, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 10, PUBLIC PROTECTION, CRIMES AND OFFENSES, OF THE CITY CODE, BY REPEALING SEC. 10 .22, ANIMALS AND FOWL - KEEPING, HOUSING, TREATMENT, RESTRAINT, CONFINEMENT AND TRESPASSES AND BITING ANIMALS, AND ENACTING ONE NEW SECTION IN LIEU THEREOF RELATING TO • THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 10, Public Protection, Crimes and Offenses of the City Code, is hereby amended by repealing Sec. 10. 22, Animals and Fowl - Keeping, Housing, Treatment, Restraining, Confinement and Trespasses and Biting Animals, and enacting one new section in lieu thereof which shall read as follows : SEC. 10.22 . OTHER ANIMALS [AND FOWL - KEEPING, HOUSING, TREATMENT, RESTRAINT, CONFINEMENT AND TRESPASSES AND BITING ANIMALS] . Subd. 1. Definitions. 1. The term "domestic animal [s] " means any animal other than a wild animal [cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens, reptiles, and all other animals and feathered fowl; provided, that this definition shall extend to this Section only and shall not apply to dogs, cats, gerbils, hamsters and caged household birds] . 2 . The term "wild animal" means any animal other than the following: domestic dogs (excluding hybrids • with wolves, coyotes or iackals) , domestic cats (excluding hybrids with ocelots or margays) , farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds . Subd. 2 . Keeping. It is unlawful for any person to keep any wild animal [, not in transit, ] in any part of the City. It is unlawful for any person to keep any domestic animal other than domestic dogs, domestic cats, rodents, and caged household birds in any part of the City, except farm animals may be kept in that portion of the City zoned for agricultural purposes. Subd. 3 . Housing. It is unlawful for any person to keep any domestic or wild animal [s] in any structure infested by rodents, vermin, flies or insects . Subd. 4. Treatment. It is unlawful for any person to treat any domestic or wild animal in a cruel or inhumane manner. Subd. 5. Restraint and Confinement. It is unlawful for any person to [suffer or) permit any animal [s] to run at large [in the streets or public places, or to be herded or driven thereon unless such animal is confined within a vehicle or restrained by means of bridles, halters, ropes or other means of individual restraint] . Subd. 6. Trespasses. It is unlawful for any person to herd, ride or drive any animal over andupon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefor from the owner. Subd. 7 . Biting Animals. A. Animal Bites Human Being. 1. Whenever any animal within the corporate limits of the City has bitten any human being, and such animal is of a species which can carry rabies, the City shall impound such animal for a period of ten (10) days separate and apart from other animals until it is determined whether the animal had or has rabies . If the animal is found to be rabid it shall be destroyed. If it is found not to be rabid it shall be returned to the owner provided the owner shall first pay for the cost of keeping said animal . If the owner does not claim or retrieve his animal, the animal may be disposed of as provided in the City Code. 2 . Whenever the City can determine the person owning, possessing or harboring the animal that has bitten the human being, the City may permit the owner to impound such animal for a period of ten (10) days separate and apart from other animals under the supervision of a licensed veterinarian until it is determined whether the animal had or has rabies. If the animal is rabid, it shall be destroyed. In all cases the City shall make the determination of how the animal shall be impounded, and shall base its decision upon the owner' s ability to properly impound the animal, and the current rabies vaccination status of the animal . B. Animal Bites Animal. Any animal known to have been bitten or exposed to rabies shall be impounded or destroyed, provided, however, that such animal may be immediately destroyed, if with reasonable effort it cannot first be taken up and impounded. If such an animal is impounded, it shall not be destroyed if the owner makes provision for suitable quarantine for a period of not less than six months, or proof of immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner. Note : The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 10 . 99, Violation a Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk - Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1993 . [10 .22]