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Home My WebLink About07/18/1995 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: July 14, 1995. 1. Attached is correspondence from Rahr Malting to the MN Pollution.Control Agency regarding their agreement with the MPCA to explore alternatives to reduce background loading that could allow them to construct their own wastewater treatment system. 2. Attached are the Revenue and Expenditure Reports as of June 30, 1995.. 3. Attached is the Police Newsletter for Council review. 4. Attached are the July 6, 1995. minutes of the Planning Commission and Board of Adjustment and Appeals meetings. 5. Attached is correspondence from the Assistant City Administrator to the School Board and the County Board regarding a public hearing on proposed amendments to the Redevelopment and TIF Plans. 6. Attached is a memorandum from the Assistant City Administrator regarding Township Non-Resident Fees. RAHR MALTING CO. SINCE 1847 800 WEST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379, PHONE 612/445-1431 July 3, 1995 Mr. Russ Felt Minnesota Pollution Control Agency Water Quality Division 520 Lafayette Road St. Paul, Minnesota 55155 Dear Mr. Felt, On behalf of Rahr Malting Co., I want to thank you for organizing our meeting on June 27, 1995. We at Rahr understand the MPCA's concern for our request for a permit to discharge to the Minnesota River and also appreciate the difficult position that our request may cause. We also hope that the MPCA staff can appreciate our position as it relates to the high cost of wastewater treatment and the fact that our competitors have either lower rates or they operate their own waste water treatment facility. To remain competitive and a worldwide malting company, we are forced to expand capacity and continually control our costs. The cost associated with waste water treatment is not under our control. We have been informed that water quality problems on the river do not originate at point sources such as the MCWS facilities. The load allocation indicates that even without the point sources on the river, dissolved oxygen problems exist. The conditions in the Minnesota River are not caused by our presence. From our perception it would appear that Rahr is being held accountable for the non-point sources that the MPCA, admittedly, is only now addressing. It is difficult for us to understand that there are no rules, procedures or guidelines that we can follow in an effort to obtain a permit to discharge. Unfortunately, our competitors do not have this situation. As we alluded, Rahr Malting could relocate this new capacity to North Dakota without the restrictions we face in Minnesota. We want to remain in Minnesota and to continue to be the largest malting facility in the world. Therefore, we are interested in exploring any means to address your concerns and keep our facility on track. The concerns must be addressed in a fair, practical and realistic method. MINNEAPOLIS,MINNESOTA•SHAKOPEE,MINNESOTA It is our understanding that it is the position of the MPCA staff that Rahr will not be granted a permit unless a reduction in point or nonpoint source pollution load, equal to our proposed discharge loadings, accompanies the permit approval. That would either be a reduction in allocated load (to the MCWS) or a reduction in the background load. Rahr Malting has agreed to work with the MPCA to explore alternatives to reduce background loading that could allow us to construct our own wastewater treatment system. HDR Engineering will be contacting Mr. Wayne Anderson to review these options. As we discussed at our meeting, Rahr has been a good corporate citizen in the state of Minnesota since 1930. We cannot continue to be burdened with uncompetetive costs from wastewater treatment if we are to continue to expand in Minnesota. We are confident that the MPCA will help us develop an acceptable solution to our situation. Sincerely yours, RAHR MALTING CO. 27 Robert Micheletti Vice-President of Operations xc: Charles Williams, Commissioner MPCA Helen Boyer, MCWS Curtis Sparks, HDR Engineering Dennis Kraft, Shakopee City Manager W W W W W W W U4 W w W W w W W W W W W W W W W W W W W W W W "23 0 W W W W W W W Cl N N N N N N N N N N N N N N N Cl 01 Cl r r F-' r C, W cm Ln a. 4. 4. JP 4. W .1 01 U7 a> 4. .P 4. 4. J. N N N N r r CO r W 4. O 0 0 7. C4 ✓ r Co O1 W N r m3 O co 0 En iA W N r 0 VO W r 0 U1 N y 0 6-3 0 a. 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IL APPROVAL OF AGENDA Agenda Item No. 16(Final Plat for Orchard Park)was removed from Consent at the request of staff. The Agenda was approved as amended. III. APPROVAL OF JUNE 8, 1995 MEETING MINUTES Comm. DuBois stated that on Page 4, the name "Tieben" had been spelled incorrectly. The minutes were approved as amended. IV. RECOGNITION OF INTERESTED CITIZENS The Chairman recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Chairman Joos introduced the Consent Agenda and asked if there was anyone that wanted to discuss these issues. There was no response. Motion: Comm. Mars/DuBois offered a motion to approve the Consent Agenda: Consent Agenda Item 17, the Final Plat of Horizon Heights 5th Addition, located south of Riverview Estates, east of Horizon Heights 1st Addition, north and west of Shakopee City limits. Vote: Motion carried unanimously. VI. PUBLIC HEARING: PUBLIC HEARING CLOSED/TABLED: TO CONSIDER AN ORDINANCE AMENDING CITY CODE CHAPTER 12, SUBDIVISION REGULATIONS (PLATTING), BY REPEALING SEC. 12.08, MINOR S SUBDIVISION PROCESS,AND ADOPTING ONE NEW SECTION City of Shakopee Planning Commission July 6, 1995 Page 2 The City Attorney provided an introduction to this matter, and provided answers for the legal questions of the Commissioners. Motion: Commissioner Bladow/Madigan offered a motion to approve an ordinance amending City Code Chapter 12, Subdivision Regulations (Platting), by repealing Sec. 12.08, Minor S Subdivision Process, and adopting one new section. Vote: Motion carried unanimously. Motion: Commissioner Mars/Bladow offered a motion to rescind the previous vote. Vote: Motion carried unanimously. Motion: Commissioner Mars/Madigan offered a motion to remove this matter from the table. Vote: Motion carried unanimously. Motion: Commissioner Bladow/Mars offered a motion to approve an ordinance amending City Code Chapter 12, Subdivision Regulations (Platting), by repealing Sec. 12.08, Minor S Subdivision Process, and adopting one new section. Vote: Motion carried unanimously. VII. PRELIMINARY PLAT: TO CONSIDER THE PRELIMINARY PLAT OF MARKET PLACE 2ND ADDITION, LOCATED WEST OF MARKET STREET AND NORTH OF FIFTH AVENUE (PUBLIC HEARING CLOSED AT THE MAY 4, 1995 MEETING. CONTINUED FROM JUNE 8, 1995 MEETING). The Assistant City Planner stated that Klingelhutz Development Company has submitted a request to table the recommendation to August 3rd to allow time for the developer to continue to work on alternatives for the alley design. Motion: Commissioner DuBois/Link offered a motion to table the recommendation to the August 3, 1995, meeting. Vote: Motion carried unanimously. VIII. PUBLIC HEARING/CONTINUED: TO CONSIDER THE PRELIMINARY PLAT FOR MEADOWS NORTH, LOCATED EAST OF CR 77, NORTH AND WEST OF THE PROPOSED FULLER STREET EXTENSION The Assistant City Planner stated that Gold Nugget Development, Inc. is requesting approval of the preliminary plat for The Meadows North. At the public hearing on June City of Shakopee Planning Commission July 6, 1995 Page 3 8th, there were a number of concerns raised by neighboring residents to the Planning Commission, and the public hearing was continued to tonight's meeting. The staff memo contains information regarding the extension of Hennes Avenue to Thomas Avenue, the extension of the alleys, the Fuller Street realignment, garages facing Apgar Street, maximum block length, and pedestrian access. The applicant is hoping to obtain direction from the Planning Commission regarding the issues raised at the June meeting. The applicant will be redesigning the plat based upon the recommendations of the Planning Commission. In response to a concern from Commissioner DuBois, The Acting Planning Director stated that the function of 10th Avenue and Fuller would be as collector streets. We would want these streets to be used,as well as Vierling. We don't want people to cut through on Hennes and Thomas. The Staff Engineer stated that Vierling Drive would be used when it has been completed. It is in the Capital Improvement Program (CIP) and will be completed within the next few years. The Acting Planning Director stated that all the areas up to the collector were reviewed, and we are looking at serving this area. Commissioner DuBois asked if Apgar would run south of this development to CR 78. The Staff Engineer stated that the extension of Fuller Street will curve down to CR 77 and tie in to CR 78. Commissioner DuBois asked what the plans are for CR 77; would it be two lanes? The Staff Engineer stated that it would be a collector street. Commissioner Mars asked if trail connections are being considered. The Assistant City Planner stated that there aren't any additional trails proposed, but the Commission could recommend that the applicant provide trails between lots. Commissioner Joos asked where the best location would be for trails. The Acting Planning Director stated that a lot would depend on whether a street is put in to access Thomas Avenue. He noted a location for a trail location between two lots. Commissioner Mars discussed concerns about kids accessing the trail rather than using the streets and cut through traffic. The Acting Planning Director stated that in cases of vacated right-of-way, the property owners would fence or landscape to prevent that. Commissioner Joos identified possible street connections. City of Shakopee Planning Commission July 6, 1995 Page 4 Commissioner DuBois asked if an option is to have Apgar remain open. The Staff Engineer stated that with the construction of Fuller Street, there is no plan to have Apgar come and intersect with Fuller. He discussed traffic restraints, noting that it made for a dangerous situation. Commissioner Bladow suggested an extension from Thomas to the intersection of Scott and Apgar between Lots 15 and 23. The Acting Planning Director stated that this would be a possible consideration. It was the Commission's recommendation to the developer to consider a north/south intersection. Commissioners discussed the need for a trail in this area as well. Commissioner Mars stated that a proper trail connection is necessary in this area in order to continue on the west side. Commissioner Joos believed that the streets would be sufficient. Commissioner Mars agreed, but stated that users will not go north in order to come south again. Commissioner DuBois agreed. Commissioner Link asked what would happen when the trail exits at Fuller. He cited safety concerns. The Staff Engineer noted that a sidewalk is proposed on the west side of Fuller, and a bike lane is proposed on the east side. Traffic control is proposed on Thomas Avenue, which will line up with the direct access to the proposed Community Center. The Staff Engineer stated that the current ordinance does not allow bikes to be used on sidewalks. If a bike trail is proposed, we will need to review the redesign of Fuller Street. Commissioner Madigan believed that a trail needs to be provided for a reasonable access to the Community Center. She stated that it is difficult to ride bikes on a collector street. Commissioner Joos suggested that staff revisit the design issue. The Staff Engineer stated that a solution would be a sidewalk rather than a bike trail through the lots in Apgar and Fuller. If there is a street connection between Apgar and Thomas, this would be another possibility. Leon Opatz, Pioneer Engineering stated that they would not be opposed to constructing a bituminous path between the lots or opposed to connecting Hennes and Thomas. He understood that the City Council is considering increasing the maximum block length. He City of Shakopee Planning Commission July 6, 1995 Page 5 believed that there would be a better traffic flow connecting Hennes and Thomas. Commissioner Mars asked how a child would access the Community Center from Hennes. Opatz replied that they would probably cut through a yard. Commissioner Joos stated that the real issue is whether the street should go through there or not. Commissioner Bladow asked why the connection between Thomas, Scott and Apgar is not the preference. Opatz replied that people need to be directed out of the subdivisions to the collector street. They would be taken more onto minor streets with the Thomas, Scott and Apgar connection. Commissioner DuBois asked if the developers were originally opposed to extending Apgar to the south or if it was a planning decision. Opatz stated that they were given direction by staff that Apgar would be vacated with the completion of the Fuller Street realignment. Harold Armstrong, 1044 Fuller Street asked if a decision has been made to vacate Apgar Street. The Staff Engineer stated that there has not been a decision, but noted that the City will take ownership from the county after the Fuller Street realignment has been completed. Armstrong was concerned that we might be painting ourselves into a corner by making decisions on this subdivision. The Acting Planning Director stated that one of the recommended conditions is that the plat would be contingent upon the approval of the vacation of Apgar. Armstrong was concerned about the six homes between 10th and 11th are being sacrificed for the greater good of the whole. Leon Menke, 1185 Shumway stated that his greatest concern is that the half of Apgar Street that he will get back will not be developable due to easements and power lines. He stated that it doesn't make sense that you continue to go from one plan to another. He discussed concerns about bicyclists in the area. His main concern is what he will be able to do with the land, as well as assessments on Fuller Street. Jean Marschall, 600 Hennes stated that she doesn't care to drive a bit farther. She discussed her concerns about routing traffic out of the way to get where she wants to go. She believed that there should be a gradual change from one development to the other rather than a complete change. She asked that Apgar be kept open. She stated that she believed that the only benefit would be to the developer; current residents do not want it closed. She stated that there should be two accesses to the Community Center. Rose Geis, 528 Thomas stated that she is concerned about getting back the land if Apgar is closed and having to pay taxes for unusable property. She was concerned about the City of Shakopee Planning Commission July 6, 1995 Page 6 number of dead end roads and preferred that Apgar stay open for the benefit of the entire City. Motion: Commissioner Mars/Madigan offered a motion to continue the public hearing to the August 3, 1995, meeting. Commissioner Joos stated that the developer needs to look at the vacation of Apgar a lot more than has been done in the past. Vote: Motion carried unanimously. IX. PUBLIC HEARING: TO CONSIDER TEXT AMENDMENTS TO CHAPTER 11 OF THE SHAKOPEE CITY CODE (ZONING ORDINANCE)(ORDINANCE NO. 377 WHICH WAS ADOPTED ON JUNE 7, 1994). The Assistant City Planner stated that Fischer Aggregates is requesting an amendment to Section 11.88, Subd. 2(S) regarding specific standards for conditional use permits for mining. This section specifically states that applicants "Shall provide the City with the following maps of the entire site and all areas within 500 feet of the site drawn at a scale of one (1) inch to one hundred (100)feet. This requirement was adopted in 1979. The applicant is requesting that this requirement be reduced from "all areas within 500 feet" to "all areas within 100 feet". There was no staff recommendation provided in the staff memo because this is a policy issue. Staff would like to stress that this requirement was looked at and discussed within the past year with the update of the Zoning Ordinance. During this process, it was recommended that this submittal requirement not be amended. She stated, however, that the Planning Commission could recommend an alternative submittal requirement to the City Council. Mars asked if others have been required to do this as well. The Assistant City Planner replied that this has been a requirement since 1979. John Voss, Planning Consultant stated that if this had been required in 1984 during the time of the preparation of the Merrila project, topography information would be available for their use. This requirement was not applied in that instance. He believed that it was inconsistent that mining and residential development have different requirements. He stated that more topography is being required than are acres included in the site. He explained the difficulties of obtaining aerial topographies of the site during this time of year. He didn't believe that it would serve any purpose to provide the topographies. City of Shakopee Planning Commission July 6, 1995 Page 7 Commissioner Joos noted that Lakeville and Scott County have 350' requirements. Voss stated that he believed that Lakeville only requires 100'. Kirsten Rojina discussed Scott County requirements. Staff Engineer Dave Nummer discussed Engineering Staffs concerns for the 500' requirement. He stated that the 500' would not be necessary, and flexibility is a possibility. Commissioner Joos asked if the 10' contours are needed. The Staff Engineer replied that the 10' contours would not provide the needed accuracy. Beverly Koehnen, 2036 Canterbury Road stated that the portion of the ordinance should not be amended. She discussed the City's history with dealing with gravel pits in 1979. She reviewed the layout of the site. She stated that Shakopee is unique with three river valleys running through it, which prompts the need for the 500' requirement. She concurred with the decision made in 1979 for the 500' requirement. Koehnen noted that the area to the south of the mine is the most well hidden drainage area in the county, and can get to a depth of nine feet. Motion: Commissioner Mars/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Comm. DuBois asked the City Engineer if the present ordinance would allow for the engineer to make a determination if a change can be made to the distance. The Staff Engineer replied that the ordinance requirement is currently 500', but it does not allow flexibility for the City Engineer to require more or less. Commissioners discussed allowing flexibility for the City Engineer to determine whether 500' or less would be required. Commissioners and staff discussed circumstances where 100' would be an adequate requirement. Motion: Commissioner DuBois/Link offered a motion to recommend alternative #3.B, requiring topographic information within 100' for all applications, and within 500' when the City Engineer determines it is necessary. Commissioner Mars stated that there are three mines in town, and they are treated like houses. He didn't agree with this policy. City of Shakopee Planning Commission July 6, 1995 Page 8 Vote: Ayes - 3. Nays - 3. Motion failed Motion: Commissioner Bladow offered a motion to recommend alternative no. 1, that it remain as written, and not be amended. Motion died for lack of a second. Motion: Commissioner Mars/Madigan offered a motion to require submittal requirements for topographic information for 300' for all mines, with further topographical information to be provided at discretion of the City Engineer. Commissioner Link asked what significance the 300' would be if it is still up to the City Engineer to make the decision. He believed that the Commission was just looking for a number that would pass. Commissioner Madigan stated that the 300' is more consistent with Scott County. Vote: Ayes - 3. Nays - 3. Motion failed. Motion: Commissioner Madigan/DuBois to offer a motion to recommend alternative 3.B, to require topographical information within 100' and require that the City Engineer use the appropriate discretion to require more information in order to evaluate the potential impact on neighbors. Vote: Ayes - Madigan, Mars, Joos and DuBois. Nays - Link and Bladow. Motion carried. X. PUBLIC HEARING: TO CONSIDER A ZONING MAP AMENDMENT TO REZONE 4.07 ACRES LOCATED AT 1760 4TH AVENUE EAST FROM MULTIPLE FAMILY RESIDENTIAL (R-3) TO HIGHWAY BUSINESS (B-1) Planning Intern Bauman stated that the applicant is requesting that the City amend the Official Zoning Map to rezone the site from Multi-Family Residential (R-3) to Highway Business (B-1). The Knights of Columbus Hall is defined as a private club or lodge. The current zoning designation of the site does not allow private clubs or loges as a permitted or conditional use, making the KC Hall a non-conforming use. As a non-conforming use, the KC Hall is not allowed to be enlarged, replaced, or structurally changed. The proposed rezoning allows private clubs and lodges as a conditional use. The current zoning designation is not in compliance with the 1980 or draft 1995 Comprehensive Land Use Plan. The applicant's request to rezone to the B-1 district would bring the site into conformance with the draft 1995 Comprehensive Plan. Staff is City of Shakopee Planning Commission July 6, 1995 Page 9 recommending the approval of the request to rezone the subject site from Multiple Family (R-3) to Highway Business (B-1). Commissioner DuBois asked why the rezoning is being requested. The Acting Planning Director stated that the plans of the applicant are not relevant. He didn't believe that there are any plans, but if there were they would not be relevant to a rezoning request. Commissioner DuBois asked, if the building is torn down, could anything allowed in that particular zone be allowed. The Assistant City Planner replied that they would be allowed to do anything listed as a permitted use within the Highway Business Zone at the site. Harold Armstrong, 1044 S. Fuller Street stated that he would hate to see anything else at the spot except the KC Hall. He noted that they have been located there for 25 years. Motion: Comm. Mars/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Bladow/Madigan offered a motion to recommend to the City Council the approval of the request to amend the zoning map to rezone 4.07 acres located at 1760 4th Avenue East from Multiple Family Residential (R-3) to Highway Business (B-1) Vote: Motion carried unanimously. XI. PUBLIC HEARING: TO CONSIDER A ZONING MAP AMENDMENT TO REZONE 26.1 ACRES LOCATED SOUTHEAST OF LAKE O'DOWD FROM AGRICULTURE (AG) TO RURAL RESIDENTIAL (RR). The Assistant City Planner stated that the applicant is requesting that the City amend the Official Zoning Map to rezone his 26 acre site from Agricultural to Rural Residential. The site was zoned from Rural Residential to Agricultural with Phase II of the remapping in November of 1994 in response to one of the Metropolitan Council's principal concerns with the City. The Chaska Interceptor Agreement was adopted by the City Council on January 18, 1994. This agreement required that the City adopt a density standard of 64 dwellings per 640 acres for all areas where the number of existing dwelling units, the number of developable lots shown in preliminary or final plats as of the date of the agreement, and the number of unsubdivided parcels, exceeded the 1 unit per 10 acre density computed on the basis of 640 acre parcels. In response to this requirement, staff calculated the section densities for the Rural Service Areas within the City, and found that this provision applied to seven City of Shakopee Planning Commission July 6, 1995 Page 10 sections within the City, including Section 30 which contains the site. It was determined that as of 1990, this section had already exceeded the density standard of one dwelling unit per ten acres, and was at 1.4 dwelling units per ten acres. She stated that staff recommends the denial of the request to rezone the site from Agricultural to Rural Residential, because it would be in conflict with the Comprehensive Plan, the Chaska Interceptor Agreement, and the Metropolitan Council's rural density policy. Commissioner DuBois removed herself from discussion and from voting. Commissioner Joos asked if this is foreseen as a Rural Residential district. The Acting Planning Director stated that the Met Council foresees the end of 2 1/2 acre Rural Residential lots. The timing for sewer is fairly long term. A lot of control over this issue is from the Met Council who have requested that no new rural residential areas be designated. Commissioner Mars asked if this wouldn't be a logical extension of rural residential around the lake. The Acting Planning Director stated that it would seem logical; however, policies change. Gene Chessen, property owner stated that he originally bought the property in order to develop it. He discussed his concerns about the zoning restriction in this area. Commissioner Joos stated that both he and the City are between a rock and a hard place with this restriction. He stated that it should be best left to the City Council to make the final decision. In response to a question from the Commission, The Acting Planning Director explained how the Met Council determines land use and zoning. Commissioner Mars asked how the Met Council is managing growth in this area. The Acting Planning Director explained how they determine how the property will be used. He noted that this area is currently over the maximum density requirement. Chasen asked why it wasn't made public when the decision was made to rezone. The Assistant City Planner stated that although notice was published in the newspaper, no individual notices are required to be sent to individual property owners when the site is over a certain size. The Acting Planning Director added that if the area is over five acres in size, notification is not required under State law. City of Shakopee Planning Commission July 6, 1995 Page 11 Motion: Commissioner Mars/Bladow offered a motion to close the public hearing. Vote: Motion carried 5 to 0. Commissioner DuBois did not vote on the motion. Motion: Commissioner Mars/Madigan offered a motion to recommend to the City Council the request to rezone this site from Agricultural to Rural Residential and move its approval. Vote: Motion carried 5 to 1. Commissioner DuBois did not vote on the motion. XII. PUBLIC HEARING: TO CONSIDER AMENDING CHAPTER 11, THE ZONING CHAPTER, TO MODIFY THE SETBACK OF CANOPIES IN THE BUSINESS ZONES. Planning Intern Emerson stated that the City Council directed staff to set guidelines for gas station canopies. Staff is proposing a text amendment to Section 11.83, Subd. 2(S), regarding the required setback for gas station canopies. Currently, gas station canopies must be within the normal building setbacks for principal structures. Canopies appear to create less of an impact than a principal building due to their "open air" design. She added that staff is recommending the approval of the amendment to Section 11.87, Subd. 2 (S). Commissioner Mars asked if the bulk of these would be in Section 1. Can it be 10' into the setback and as high as 18', but the thickness can only be 3'. Planning Intern Emerson stated that would be the case. Commissioner Joos believed that the current zoning ordinance is quite appropriate and believed the ordinance should remain as it is. Commissioner Bladow asked how the 18' height is determined from. The Assistant City Planner stated that height is measured from ground level. The Acting Planning Director stated that the 18 foot height recommendation was determined to allow clearance for vehicles. Commissioner Joos believed that this request would not meet three of the four criteria necessary for approval. He believed this request was prompted by one request which did not meet the current criteria and had a problem approving the text amendment for one applicant. The Acting Planning Director stated that only one of the criteria needs to be met. Commissioner Link stated that it is obvious why this issue is being raised. He stated that this is only referring to gas stations, and he was in favor of the change. City of Shakopee Planning Commission July 6, 1995 Page 12 Motion: Commissioner MarsBladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Mars/Bladow offered a motion to recommend to the City Council that Section 11 of the Zoning Code be amended as recommended by staff. Commissioner Joos stated that a lot of other communities have addressed this issue and noted that some are at 35'. He didn't see the need for a change. Vote: Ayes - 4. Nays - 2. Motion carried. XIII. PUBLIC HEARING: TO CONSIDER REZONING IN THE AREA AROUND CANTERBURY PARK. Planning Intern Bauman stated that the applicant is requesting that the Official Zoning Map be amended to rezone the site from RTD and Multi-Family Residential (R-3) to Urban Residential (R-1B) and Major Recreation (MR). She stated that in 1986, the City Council adopted the Racetrack Land Use Study. This study recommended the creation of the Racetrack District and the mapping of the district to include a large amount of land around Canterbury Downs. It was anticipated that there would be considerable commercial development around the racetrack when the plan was created. This anticipated growth has never really evolved. The current zoning designation for the subject site is not in compliance with the draft 1995 comprehensive Land Use Plan. The request to rezone would bring the site into conformance with the draft 1995 Comprehensive Plan. In addition, the goals and policies have changed. On June 7, 1994, the City Council adopted the new Zoning Ordinance text which deleted the Racetrack District. A new district, the Major Recreation District, was created. For these reasons, staff is recommending the approval of the request to rezone the subject site from RTD and R3 Multiple Family to Urban Residential (R-1B) and Major Recreation (MB). Commissioner DuBois asked if a mandatory PUD zoning was ever considered rather than this rezoning. The Acting Planning Director stated that a mandatory PUD zoning has a questionable legality. City of Shakopee Planning Commission July 6, 1995 Page 13 Motion: Commissioner Madigan/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Mars/ offered a motion to recommend to the City Council the approval of amending the Official Zoning Map to rezone the site from RTD and Multi-Family Residential (R-3) to Urban Residential (R-1B) and Major Recreation (MR) and move its approval. Commissioner DuBois asked if buffering has been considered in this area between zoning uses. She asked for an opinion from staff. The Acting Planning Director stated that it is beneficial to cluster multi family uses around commercial for traffic flow purposes. Multi family is not to be used for buffering. It is anticipated that identifying it as single family would give more control to the Planning Commission. Commissioner DuBois stated that if the rezoning is done, there is nothing to stop the developer from wanting all single family in this area. Vote: Ayes - 5. Nays - 1 (DuBois). Motion carried. XIV. PUBLIC HEARING/CONTINUED: TO CONSIDER PHASE 4 REZONING AMENDMENTS TO THE NEW ZONING ORDINANCE TEXT (ORDINANCE NO. 377) WHICH WAS ADOPTED ON JUNE 7, 1994. The Acting Planning Director stated that this public hearing was continued until after more direction on uses in the Canterbury Park area was developed as part of the Comprehensive Planning Process. This has been accomplished with the Planning Commission and City Council review of the draft Comprehensive Plan. This continued public hearing is no longer necessary since agenda item 13 on the Planning Commission agenda contains all of the area in the Phase IV Rezoning. The original Phase IV public hearing notice was not broad enough to include all of the area included in agenda item 13. Staff recommends closing the public hearing since it is not longer necessary. Motion: Commissioner Mars/Link offered a motion to close the public hearing and move approval. Vote: Motion carried unanimously. XV. PUBLIC HEARING: TO CONSIDER ZONING MAP AMENDMENT FOR MEDIUM DENSITY RESIDENTIAL (R-2) AREAS IN "OLD SHAKOPEE" AREA. City of Shakopee Planning Commission July 6, 1995 Page 14 Planning Intern Emerson stated that the applicant is requesting that the City amend the Official Zoning Map to rezone the site from Medium Density Residential (R-2) to Old Shakopee Residential (R-1C) and Multiple Family Residential (R-3). This issue was brought to the Planning Commission at the June meeting, and the Planning Commission indicated that the preferred approach was to amend the official zoning map to comply with the land use as much as possible. Staff has prepared recommended zoning map changes based on the Planning Commission direction. Staff is recommending approval of the request to rezone the subject area from Medium Density Residential District (R-2) to Old Shakopee Residential (R-1C) and Multiple Family Residential (R-3) as shown on Exhibit B. Commissioner Joos asked if this in regard to a previous variance request. Planning Intern Emerson replied that this is the case. Motion: Commissioner Mars/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Madigan/Mars offered a motion to the City Council to approve the request to revise the Official Zoning Map from Medium Density Residential (R-2) to Old Shakopee Residential (R-1C) and Multiple Family Residential (R-3). Vote: Motion carried unanimously. XVI. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF ORCHARD PARK, LOCATED SOUTH OF THE MEADOWS WEST 2ND ADDITION, WEST OF P & V 2ND ADDITION, EAST OF CR 77 AND NORTH OF THE SHAKOPEE BYPASS The Acting Planning Director stated that the only reason this request is not on consent is because it has been identified that there will not be a crossing at the Shakopee Bypass. Staff recommends the approval of the final plat for Orchard Park, subject to conditions with the removal of recommended condition #9 which states "Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77. Commissioner DuBois asked if the further alignment would dip into what is Apgar. The Acting Planning Director noted the location on the map and explained how the trail system has been changed. City of Shakopee Planning Commission July 6, 1995 Page 15 Commissioner DuBois suggested that better maps be provided in the future that are more legible. Motion: Commissioner Mars/DuBois offered a motion to the City Council for the approval of the final plat of Orchard Park subject to conditions with the removal of recommendation #9 and move its approval. Vote: Motion carried unanimously. XVII. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF HORIZON HEIGHTS 5TH ADDITION, LOCATED SOUTH OF RIVERVIEW ESTATES, EAST OF HORIZON HEIGHTS 1ST ADDITION, NORTH AND WEST OF SHAKOPEE CITY LIMITS Approved under consent agenda. XVIII.CONCEPT REVIEW: TO CONSIDER THE CONCEPT REVIEW FOR PRAIRIE BEND PUD AMENDMENT. Planning Intern Bauman stated that Cottage Homesteads of America is requesting that the Planning Commission review the proposed amendment to the Prairie Bend Planned Unit Development prior to the submittal of their application. The subject site is located south of 4th Avenue between Marschall Road and Shenandoah Drive. The development would contain 39 units plus a clubhouse on approximately seven acres, at a density of 5.57 units per acre. The applicant is proposing one level owner-occupied condominiums for seniors 55 years and older. She.added that the Planning Commission may want to consider the issues listed in the staff memo. However, no formal action is being requested at this time. Jim Johnston, Sienna Corporation explained why the use has been changed from assisted living to owner-occupied condominiums. He stated that the end result will be a much better project and be more compatible with the single family homes. Roger Derrick, Cottage Homesteads of America reviewed the project. He noted that seniors that move in here can be assured that they will not have families with children living next door because of Federal exemptions. He discussed the amenities which will be available for the residents. He reviewed two prospective layouts for the site proposing 39 cottages plus a clubhouse. There will be two entrances to the site. In one plan, the two entrances connect; in the other plan, they do not. Commissioner Joos stated that there are concerns in the staff memo relating to the street widths. He asked if this was because they are private drives. The Acting Planning City of Shakopee Planning Commission July 6, 1995 Page 16 Director discussed the reason for the two concept plans. Subdivision regulations state that private drives are not allowed. The first concept looks a lot like a street. The Staff Engineer stated that if private streets are allowed, the tendency is to construct them narrower. Staff has concerns about the life of a street in this instance. Johnston explained how the street will be constructed to a 28' width. He noted that sewer and water will be constructed to city standards. The quality of the street will be high, and the residents tend to prefer a private street. Commissioner Bladow stated that his concern about a private drive is access for emergency vehicles and the ease with which they can enter the site. Commissioner DuBois concurred and believed that concept A would be a better plan. Commissioner Madigan was also in favor of concept A. The Staff Engineer stated that the problem with looking at it as a private drive would be the width. The current standard is 36', and the applicant is proposing 28'. He believed that the plan would not work if the width is 36'. He would prefer a private drive from an engineering standpoint. Commissioner Joos asked if there is a public benefit from the road. The Staff Engineer replied that there is a public benefit. It would provide another access to avoid 4th Avenue. Commissioner DuBois asked if a 28' wide road would not be allowed. The Staff Engineer stated that private streets are not allowed. If it is a city street, it must be 36' wide. He stated that staff is currently reviewing street width issues. Commissioner Joos asked staff if our current ordinance addresses private drives. The Acting Planning Director replied that it does not. With the Zoning Ordinance update, multiple buildings are allowed on one lot. Access to these buildings has not been addressed. Commissioner DuBois asked the applicant if other developments of this nature are 28' in width and private streets. Derrick replied that they are private streets and are 28' in width. It was determined, in one case, that this was a unique situation. Commissioner Joos stated that he likes the first concept better than the second. Commissioner Mars believed that concept A has a better flow to it. He stated that the purpose of a PUD is to allow flexibility for private drives, narrower streets, etc. The City of Shakopee Planning Commission July 6, 1995 Page 17 Acting Planning Director stated that a PUD does allow flexibility, but streets are governed under the Subdivision Ordinance. Commissioner DuBois stated that there needs to be latitude and flexibility for the developer, because there will be similar requests in the future. She didn't have a problem with either concept. The bigger issue is private streets vs. city streets. The Acting Planning Director stated that he will discuss the issues with the City Attorney relating to flexibility. XIX. OTHER BUSINESS a. CIP The Acting Planning Director noted that a meeting has been scheduled for Thursday, July 13th to discuss this item. XX. ADJOURNMENT Chairman Joos adjourned the meeting at 11:30 p.m. OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota July 6, 1995 MEMBERS PRESENT: Mars, Joos,Madigan, Bladow,Link, and DuBois MEMBERS ABSENT: Christensen STAFF PRESENT: Paul Bilotta, Acting Planning Director Terrie A. Thurmer, Assistant City Planner Nancy Emerson,Planning Intern Julie Bauman, Planning Intern Dave Nummer, Staff Engineer 1. ROLL CALL Chairman Mars called to meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF JUNE 8, 1995 MEETING MINUTES The minutes were approved as submitted. 4. RECOGNITION OF INTERESTED CITIZENS Chairman Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: CONTINUED FROM JUNE 8, 1995 MEETING. TO CONSIDER AMENDMENTS TO A CONDITIONAL USE PERMIT FOR FISCHER AGGREGATES The Assistant City Planner stated that the applicant is requesting that this public hearing be continued to August 3rd to allow them to receive a decision regarding their request for a text amendment to the submittal requirements for mining. Kirsten Rojina, Sunde Engineering brought the Planning Commission up-to-date on this project. She stated that final plans will be submitted to staff within the next week for review at the August meeting where the depth of the mine and the sanitary sewer issues will be addressed. She added that the grading plan will be revised to bring the sewer depth requirements up, and that the street layouts will be revised to meet the requirements of the Subdivision Regulations. A terracing approach will be utilized to eliminate a "bowl" effect. Environmental issues are being addressed. She discussed the end use proposal, and stated that the revisions will allow a better use of the property. Commissioner Joos asked if the mine depth will be changed. Rojina replied that depths would vary,but it would be shallower. City of Shakopee Board of Adjustments and Appeals July 6, 1995 Page 2 Motion: Commissioner Joos/Bladow offered a motion to continue the public hearing to the August 3rd meeting. Vote: Motion carried unanimously. 6. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR TIETJEN FAMILY, INC. TO ALLOW AN OUTDOOR SALES LOT,LOCATED SOUTH OF HIGHWAY 101 AND NORTH OF CRETEX AVENUE The Assistant City Planner stated that the applicant is requesting a Conditional Use Permit for an open sales lot for utility trailers. The site is zoned Highway Business, and open sales lots are a Conditional Use within this zone. Staff recommends approval of this Conditional Use, subject to the two conditions discussed in the staff memo. Motion: Commissioner Joos/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Joos/Madigan offered a motion to approve the Conditional Use Permit, subject to the following condition(striking recommended condition#1): 1. The site shall not have any displays within any required front(30 feet), side(20 feet), or rear(30 feet)yard setback, or within any required parking areas. Vote: Motion carried 4 to 2, with Comm. Link and DuBois opposed. 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP TO ALLOW TWO BUILDINGS ON ONE LOT, LOCATED AT 5240 VALLEY INDUSTRIAL BOULEVARD SOUTH. The Assistant City Planner stated that the public hearing notice regarding this request was incorrect. To allow time to publish a corrected public hearing notice, staff recommends that the Board open the public hearing and continue it to the August meeting. Motion: Commissioner Joos/Link offered a motion to continue the public hearing. Vote: Motion carried unanimously. 8. OTHER BUSINESS No other business was on the agenda for discussion. City of Shakopee Board of Adjustments and Appeals July 6, 1995 Page 3 9. ADJOURN Chairman Mars adjourned the meeting at 7:50 p.m. s SHAKOPEE July 14, 1995 CERTIFIED MAIL: July 14, 1995 Mr. Robert Ostlund, Superintendent Member of the School Board Independent School District #720 505 Holmes Street South Shakopee, MN 55379 RE: City of Shakopee, Minnesota Public Hearing on Proposed Amendments to Redevelopment and TIF Plans Estimated Fiscal and Economic Impact Dear Mr. Ostlund and Board Members: The City of Shakopee is in the process of amending both the Housing and Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 ("the Project Area"), and the Tax Increment Financing Plans for TIF district 2, 3,4, 7 and 9 contained therein. Such amendments allow for additional public activities and costs to be undertaken. Pursuant to Minnesota Statutes, Section 469.175, Subdivisions 2-4,the County Board of Commissioners and School Board must be notified of the estimated"fiscal and economic"impact of modifications,to any existing tax increment financing plan and district. Since the proposed amendments outlined above do not involve the generation of any new retained captured tax capacity value or tax increment,there is no fiscal and economic impact on other taxing jurisdictions. The City Council has scheduled a public hearing on these proposals for Tuesday, August 15, 1995 at 7:00 p.m. at the Shakopee City Hall. Your attendance at this meeting and comments concerning the proposed amendments are welcomed. If you have any questions, please feel free to call me at 445-3650. Sincerely,/1 zt fr' Barry A. Stock Assistant City Administrator CC: Gary L. Laurent. Mayor, City of Shakopee Mike Beard, Chair, Shakopee EDA Judith Cox. City Clerk COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Al:rrc,ota s;374-1;;1 612-44r,-3rsO FAX 612-445-6718 SHAKOPEE July 14, 1995 CERTIFIED MAIL: July 14, 1995 Mr. Thomas L. Hennen, Auditor Scott County Board of Commissioners Scott County Courthouse 428 Holmes Street South Shakopee, MN 55379 RE: City of Shakopee, Minnesota Public Hearing on Proposed Amendments to Redevelopment and TIF Plans Estimated Fiscal and Economic Impact Dear Mr. Hennen and Commissioners: The City of Shakopee is in the process of amending both the Housing and Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 ("the Project Area"), and the Tax Increment Financing Plans for TIF district 2, 3,4, 7 and 9 contained therein. Such amendments allow for additional public activities and costs to be undertaken. Pursuant to Minnesota Statutes, Section 469.175, Subdivisions 2-4,the County Board of Commissioners and School Board must be notified of the estimated"fiscal and economic" impact of modifications,to any existing tax increment financing plan and district. Since the proposed amendments outlined above do not involve the generation of any new retained captured tax capacity value or tax increment,there is no fiscal and economic impact on other taxing jurisdictions. The City Council has scheduled a public hearing on these proposals for Tuesday, August 15, 1995 at 7:00 p.m. at the Shakopee City Hall. Your attendance at this meeting and comments concerning the proposed amendments are welcomed. If you have any questions, please feel free to call me at 445-3650. Sincerely, Barry A. Stock Assistant City Administrator CC: Gary L. Laurent, Mayor, City of Shakopee Mike Beard, Chair, Shakopee EDA Judith Cox, City Clerk COMMUNI I Y PRIDE SINCE 1857 129 Holmes Street South Shakopee,A-linnesota 3379-1351 612-445-3650 FAX 612-44S-6718 Pr—c) MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Township Non-Resident Fees DATE: July 14, 1995 INTRODUCTION: On July 10, 1995 Gary Laurent and I had the opportunity to meet with Jerry Merrick, Jackson Township and Marion Schmidt, Louisville Township to discuss the current non-resident fee structure for recreation participants. It appears that the township officials would like to revisit the non-resident fee issue prior to the issuance of the fall recreation program guide (August 10th) and subsequent registrations for fall programs. Mr. Merrick asked for clarification on how non-resident fees are determined. Attached is the information that I have distributed to Mr. Merrick which identifies how we determine what the subsidy per participant is for the Shakopee recreation programs. It should be noted that the cost figures quoted in the accompanying attachments do not include costs associated with recreation maintenance. This is consistent with past illustrations. Keep in mind that the currently estimated subsidy per participant equates to approximately $26.88. The townships are presently reimbursing the City $10.00 per each participant. Additionally, each individual who resides within a township pays an additional $11.00 non-resident fee. Combined, township residents are then paying a total of$21.00 per participant which is nearly $6.00 less than our estimated subsidy. It appears that the townships may be willing to pick up the entire $21.00 non- resident amount if they can be satisfied that there is a rational basis for the fee. Additionally,the townships would like to pick up the entire $21.00 amount for only those persons who are 17 and under. They feel the status quo for persons 18 and over is reasonable. Furthermore,the townships feel that the swimming pool lessons should be exempt from the non-resident fee all together. Staff is not supportive of this position. If the townships ultimately agree to cover the entire $21.00 non-resident fee for persons 17 and under, City Council will be requested to amend the 1995 Fee Schedule accordingly. I will keep Council informed of the discussions by and between staff and the township officials as the situation develops. H:\word\tami\admin\township BAS/tiv NON-AGENDA INFORMATIONAL ITEM MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 4 . SUBJECT: Meadows 4th Addition Lot 1, Blk. 5 Drainage Easement DATE: July 18, 1995 INTRODUCTION: This memo is a report on the status of the drainage easement problem on the Petrill residence located on Lot 1, Block 5, Meadows 4th Addition. This problem was discussed at the 1995 Council meeting. BACKGROUND: A drainage easement problem has been identified by Mr. H.R. Spurrier representing Linda Petrill on Lot 1, Block 5, Meadows 4th Addition. The main problem associated with the complaint is that the grading of this lot was not completed as per the grading plan, thus ponding of stormwater occurs outside the dedicated drainage easement. Also a concern of erosion in the Upper Valley Drainageway (U.V.D.)property has been raised. Attempts to negotiate a settlement between Pioneer Engineering, the Meadows 4th Addition engineer and the property owners were made on November 10th and November 15th of 1994. Mr. Spurrier outlined three options in resolving the easement situation as follows: 1. Grading the lot to contain the stormwater ponding within the existing easement at an elevation of 786.0. 2. Trade the existing property for another home of comparable value with identical payments. 3. Purchase the easement with cost of easement being the value of property plus relocation costs. Pioneer Engineering countered with a November 15, 1994 letter with the following two options: 1. A new easement agreement with compensation in the amount of$2,500.00 given for the drainage easement. 2. Regrade the lot to raise the area of the lot outside of the existing drainage easement to an elevation of 784.1 or above. Needless to say,the two sides are still in disagreement over what option to agree with and the exact conditions. At this time, a meeting between Pioneer Engineering, Mr. Spurrier and City staff needs to be conducted in order to talk about the remaining issues. Staff has met with Mr. Spurrier and received the attached July 16, 1995 letter in regard to the current situation. The objections of Pioneer's offer from Mr. Spurrier's letter are listed as follows: 1. City approval was not sought: 2. The source of fill was not identified: 3. No compaction or construction standard was agreed to: 4. No bond or other guarantee was furnished or proposed: 5. The plan did not provide freeboard: 6. The plan did not include topsoil: The main objection in dispute with Mr. Spurrier at this point appears to be what design standards should be applied to this problem. The 100 year flood elevation of the pond adjacent to the property is 784.0. The normal procedure for determining a drainage easement for ponds for Shakopee and most other Cities is to use the 100 year flood elevation and not add any freeboard height in determining the easement line. The drainage easement line on ponds has been based on the 100 year flood elevation per Pete Willenbring of Orr-Schelen-Mayeron & Assoc. The option offered by Pioneer Engineering on November 15, 1994 was to raise the property to an elevation of 784.1 and place four inches of topsoil. Staff will be contacting the appropriate persons of the parties involved to set a meeting and discuss the remaining issues. July 16 , 19(?5 City of Shakonee 5:.akopee , :'.:.ninnesota 5573 7,u..::,wee VLering Drive ane County Road 7( of I . Block 5 , The Meadows 4th Addition , Scott. County ± appreciaLe youi serious effo:t to help reselYe the prcblerh selatee to the above referenceti system. The City has been needed as part of The solution to this problem. The ;: eveloper , 'Mid: Nucgee , t.h developer ' s engineer , Pioneer Engineering , P .L . and. even the City admit th,.-tr is a p:Toblem. The City is needed because the ,::ity must interpret City standards , ratity and approve the solution and issue the aatherity docaments , so that the appropriate :nudification to the hydulogic system can be made . senI-. a .', etter to Mr . Paul Carne , 7ioneer Enci:ineerihg , Nov Thee IC . 194 , regarding the abov ....eferenced matter . The lattel eu'7n ] .--. Jite con6j. Iou..- Hrat ac:.i to he EcIrTilh-J,d , -7':ne reeponse e,f Pioneer Engineering was unacceptable because ( ... ) Ci ty sot ova udrg,11 (:71. Phe s,-)L.-: ce oF till was tio ireentlted . ( 7) ) n _) cdmpaut .i.e oS construction standard was dreed. td ; ( 4no bond or otne3: g-ahlantest was famished or p:r_ ,iposed ; ( 5 ) the plan ::,i..C., DOL provide tnzeeboad; ( 6 ) the plan did nu- include top soil . It short , none of the important conditi .-,s we specified we . m&- . Comeouc of authority with the City must tell me whether I am applying t'he chT:ect arjLs . If ..r. am tHly._ fli.g Lhe c.-; :n. ei.-Hi stanOards . -.'hs 'Tioheer ce- cuil is incorect an,: Peet- must 'oe told sc . T v.ill s :-.,a1 c:1 on . . ,h .-_, • a-Jir ne. yh watet elevaide T nave seet , has a freeboard with CIity des.i.gn standards say it is 2 feet ,'io yoG aw-ree? Tnis is what -:, need . It voh can eiatify the City ' s 1::,ositlosi en these ma ..es -si_ ease . e . .ie 'ihow . I-..esDecttiiInv , 411116 Or / -----......\ IHI . R . I-;pi -lez MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : July 17, 1995 RE : Lebens & Link v. City For your information, Messrs . Lebens and Link have filed an appeal with the Court of Appeals . I will be preparing an appropriate response, opposing their position. Signed /. y "if Karen Marty, 'City Attorney i KEM:bjm [17MEMO] TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA JULY 18, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 p.m. 2) Approval of Agenda 3 ) 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] Approve Minutes of June 26, 1995 8] Communications: a) Brian M. Norris, Lions Club, donation for future improvement projects at Lions Park b) Norman Denstedt regarding signing waiver for P & V Addition improvements - tabled 6/6 9) Public Hearings: None 10] Recommendations from Boards and Commissions: *a) Amending Zoning Ordinance Text Relating to Gas Station Canopies - Ord. No. 420 *b) Amending Zoning Ordinance Map from R-2 to R-1C and R-3 , Ord. No. 421 *c] Amending Zoning Ordinance Map from R-3 to B-1 for the Knights of Columbus - Ord. No. 422 *d) Amending Zoning Ordinance Map from RTD & R-3 to R1B and MR - Ord. No. 423 e) Proposed Zoning Ordinance Text Amendment - Fischer Aggregates, Inc. f] Proposed Zoning Ordinance Text Amendment from AG to RR - Larry Schlasinger and Eugene Chessen g) Final Plat of Orchard Park - Res. No. 4253 TENTATIVE AGENDA July 18 , 1995 Page -2- 11] Reports from Staff: a] Authorize Hiring of Police Officer b] Regulating The Sale of Tobacco Products - tabled 7/11 *c] Temporary 3 . 2 Beer License - Shakopee Jaycees d] Temporary Access Road to Boat Ramp from Bluff Avenue, tabled 7/11 *e] Civic Center Bid Package #11 - Mechanical *f] Civic Center RFP #2 - Dasher Boards g] Authorize Consultant Design Services for Box Culvert for Vierling Dr. from CR-79 to CR-77, 1995-6 *h] Hiring Code Enforcement Officer - Res. No. 4257 *i] Approve Bills in the Amount of $772 , 565. 94 (of which $221 , 757 . 50 is debt service payments) *j ) Civic Center Bid Package #9 - Metal for Applications 12) Resolutions and Ordinances: *a] Res. No. 4258 - Setting Hearing on Vacation of Easement Btwn Lots 2&3, Block 1, Valley Pk 6th *b] Res. No. 4259 - Resolution of Special Commendation to Judith S. Cox *c] Res. No. 4254 - Approving Plans and Ordering Ad for Bids for Fuller St. from 10th to Vierling Dr. Project No. 1995-8 *d] Res. No. 4255 - Approving Plans and Ordering Ad for Bids for Cracksealing and Sealcoating of Bituminous Pavements, Project No. 1995-10 e] Res. No. 4256 - Deleted *f] Res. No. 4260 - Approving Quotes for Alley in Blk. 51 1994-14 and Pierce Street 1994-5 13] Other Business: a] b] c] 14] Recess for an Executive Session to discuss labor negotiations 15] Re-convene 16] Adjourn Dennis R. Kraft City Administrator REMINDER: 4 : 00 p.m. July 24th Committee of the Whole meeting. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 26, 1995 Mayor Laurent called the meeting to order at 5 : 30 P.M. with Cncl. Brekke, Beard (arrived at 5 : 39 P.M. ) , Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Paul Bilotta, Acting Planning Director; Bruce Loney, Public Works Director/City Engineer; and Dave Nummer, Staff Engineer. Items added to the Agenda: 6a) Premises Permit For The Shakopee Rotary Club. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Bruce Loney spoke about the County Road 16 Reconstruction from CSAH 17 to County Road 83 . He stated that in working to finalize the Cooperative Agreement between the City and County, City/County Cost Participation and the installation of a turn lane at Vierling Drive and County Road 16 were discussed. Mr. Loney stated that it was agreed to modify the Cooperative Agreement. He said that a revised agreement is on the table which includes the storm sewer costs that were included in the City's County Road 16 Sanitary Sewer and Water Service Contract. Other changes include: 1) Adding a City Clerk signature block. 2) A separate agreement will be prepared addressing the future ponding costs that the County should participate in, and 3) A separate Cooperative Agreement should be entered into in order not to delay the project. He explained that a separate agreement will be prepared for the future maintenance of the water quality pond on the Shakopee Public Utilities Commission Wellhouse #6 . The maintenance agreement will focus on the City maintaining the pond with the County contributing into the Stormwater Utility Fund. Mr. Loney recommended authorization to execute the Cooperative Agreement with Scott County for the County Road 16 Project, restricting parking on County Road 16, and approving plans and specification for County Road 16 . Sweeney/Beard moved to authorize the appropriate City officials to execute Cooperative Agreement No. 9516 with Scott County for the County Road 16 project. A discussion regarding whether or not someone other than the County would be paying any part of the City's portion of Cost Participation ensued. Scott Merkley, Scott County, approached the podium and discussed the ownership of land and maintenance of the pond. Official Proceedings of the June 26 , 1995 Shakopee City Council Page -2- In response to a question regarding turn lanes, Mr. Merkley stated that there will be sufficient right-of-way for a left-turn lane, but that additional right-of-way would be needed for right-turn lanes. He explained that current policy addresses purchasing the necessary right-of-way now for the project and not for the future at this time. Motion carried unanimously. Lynch/Sweeney offered Resolution No. 4238 , A Resolution Restricting Parking on County State Aid Highway 16 Between CSAH 17 and County Highway 83 , S.A.P. 70-616-15, and moved its adoption. Motion carried unanimously. Beard/Brekke offered Resolution No. 4239 , A Resolution Approving Scott County Plans to Improve County State Highway 16 Between CSAH 17 and County Highway 83 , S.A.P. 70-616-15, and moved its adoption. Motion carried unanimously. Gregg Voxland briefly reviewed the insurance deductibles and stated that the League is recommending a $1000 to $2500 deductible for a city the size of Shakopee. Brekke/Sweeney moved to renew insurance policies with the League of Cities and Hartford and to approve a deductible level of $2500 for the League of Cities insurance coverage. A discussion regarding insurance claims and deductibles ensued. Motion carried unanimously. Barry Stock gave an overview of the conceptual design plan for the downtown area riverfront that could be phased in over a period of years. He stated that the concept is to use the top portion of the old bridge for special events, the possibility of adding a lower walking deck at the level of Levee Drive, and relocating the boat landing. He stated that the cost of this project is approximately $4 million. Mr. Stock explained that Downtown Area Riverfront Project Plan is merely a conceptual Plan. He said that the ideas we may be looking at could be a 20 year Plan. What is done is up to the Council. Mr. Stock stated that next year' s funding plan did include a project for grading and storm drainage ponding in this area and suggested discussion as to whether this should be included in the Capital Improvement Plan and what staff would like to do as far as grading the park. Official Proceedings of the June 26, 1995 Shakopee City Council Page -3- Paul Bilotta stated that the DNR' s position on fill that has been deposited in Huber Park over the past 20 years, is that fill as far as "fill" purposes is not allowed. He explained that if there is a benefit then the impact on drainage would be reviewed. Charles Engel, 132 N. Main Street, approached the podium and stated that the fill deposited in Huber park is causing basement flooding in homes nearby. He suggested the City pay for any necessary improvements. He also spoke in opposition to continuing to use the road to get to the boat ramp since there is an alley and a trail. A discussion regarding access to Huber Park ensued. A discussion ensued as to whether or not the road behind the buildings would be closed. A discussion regarding the Eden Prairie owned right-of-way and the trail system ensued. John Albinson approached the podium and suggested that once the south bypass is open the traffic east of the bridge will be localized which would provide for a pedestrian friendly atmosphere. Mike Engel approached the podium and spoke about the former park and the flooding that still occurs after adding fill. He also spoke about the traffic level North of 1st Avenue. Lynch/Beard moved to approve the conceptual design plan for the downtown area riverfront project. Motion carried unanimously. Bruce Loney discussed the temporary road access to the boat ramp from Bluff Avenue. He stated that the clearance under the old bridge was found to be 11' and asked for direction from staff as to whether the boat ramp access from Bluff Avenue should be maintained or if the road should be closed. Beard/Lynch moved to remove the temporary road access to the boat ramp from Bluff Avenue from the table for consideration. Motion carried unanimously. A discussion regarding the clearance under the old 169 bridge and boats that exceed that height ensued. Bruce Loney stated that staff would investigate the possibility of overhead lines in the alley North of 1st Avenue, and the actual width of the alley (West to Spencer St. ) and bring that information back to the Council . Official Proceedings of the June 26, 1995 Shakopee City Council Page -4- Brekke/Beard moved to table discussions on removing the temporary road access to the boat ramp from Bluff Avenue to allow staff to bring back information as to the height and width of the alley. Motion carried unanimously. Beard/Lynch offered Resolution No. 4241, A Resolution Of The City Of Shakopee, Minnesota, Approving Premises Permit For The Shakopee Rotary Club, and moved its adoption. Motion carried unanimously. There being no other business to come before the City Council, Mayor Laurent adjourned the meeting at 7 : 03 P.M. 2j2c 4J� ith S. Cox y4 Clerk Esther TenEyck Recording Secretary /mite ^jam 41,312.raa , LIONS CLUB SA) Post Office Box X1XX254 Shakopee, Minnesota July 10, 1995 Mr. Dennis R. Kraft City Administrator City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Dear Mr. Kraft: Enclosed please find a check in the amount of $10, 000.00. This money is to be used for future improvement projects at Lions Park. The Club would like to thank the City of Shakopee for all the help and cooperation received toward making this park a show piece for the community. Sincerely, SHAKOPEE LIONS CLUB Brian M. Norris President 94-95 '213 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Cf-- RE: P & V Additions Waiver - Norman Denstedt DATE: July 3, 1995 INTRODUCTION: On June 6, 1995, City Council tabled a request by Mr. Denstedt to be permitted to sign a waiver for his property for public improvements in the P & V Additions. BACKGROUND: Sometime during the end of May, Mr. Denstedt stopped into the office inquiring about the proposed assessments for the VIP Interceptor Extension because he had received a notice of the June 6th public hearing. At that time he was asked if he had signed a waiver that other residents in his neighborhood had signed with regard to public improvements for the P & V Additions. He said that he didn't remember. He also said that he didn't remember being notified of the public hearing on the proposed improvements to the P & V Additions for January 3, 1995. He said that he probably had to work that evening. He was advised at that time that City Council had given property owners who had not yet signed waivers until 7:50 P.M. on January 3, 1995 to sign a waiver. I advised Mr. Denstedt to write to City Council requesting permission to sign a waiver and explain his request. In his letter of May 26th, Mr. Denstedt stated that he didn't remember signing any waiver, but that he had gone to the meeting at the Jackson Township Town Hall concerning becoming part of Shakopee and that he voted for all of the improvements. On June 6th, City Council tabled acting on Mr. Denstedt's request and directed the City Clerk to contact Jackson Township to see whether there was an attendance record and a record of how each person had voted. I contacted Rose Menke, Jackson Township Clerk, and asked her if she had any records relating to this matter. She advised me that Mr. Denstedt was present at the meeting. She also advised that the ballot was secret and she did not know how Mr. Denstedt voted. She said that in some cases both spouses did not attend the meeting. In these cases the waivers were taken home so that both parties could sign them. She said that Mr. Denstedt must have taken his waiver home and that it just never got returned. Waivers have been signed by all property owners in the P & V Additions except for: Mr. Denstedt, Mr. & Mrs. Michael Rowan and the State of Minnesota. ALTERNATIVES: 1] Allow Mr. Denstedt to sign a waiver 2] Do not allow Mr. Denstedt to sign a waiver RECOMMENDATION: Discuss and direct staff whether or not to allow Mr. Denstedt to sign a waiver on the proposed improvements to the P & V Additions. (Lot 4, Block 2, P & V 2nd Addition) l a 144 op, ite. 2 2 7 A £44 )241,e4d.ety ai 0/ ,Ifs, - �: u -rz-- . fir // "/ . * .e � y2�•y/ - ,or/ wk- /457 /m.1( 14 ,y .�if ef 1.14444a4 1 //4", 6A-i-c-<-t-4-t- al evr- 7 , -- s; , //' r' ,rte 6,20- Pz." 6441 'AA"- .1 ,f."( .- 44' -- ,u, )47" 2,443,44.: f ty 71y- j, /i-� ��1, ,9c4' 0r , —/7.e--, /40 , A-4(4 o k4w-r-I your , .- 5, %1 4" y y 2 7 V frJ Ctr` oto. c2( 9( CITY OF SHAKOPEE MAY 3 0 1995 ECLHU / Official Proceedings of the January 3 , 1995 Shakopee City Council Page -3- Mayor Laurent opened the public hearing for the proposed public improvements for the P & V Addition and P & V Second Addition . Dave Nummer spoke briefly on the proposed public improvements for the P & V additions and stated that 31 property owners of the 34 parcels on the assessment roll have signed the waivers. He explained that the improvements consist of sanitary sewer, watermain, 36' urban section and that the estimated cost is $11, 500 per lot. Sweeney/Lynch moved to give the 3 parcels that have not yet signed _:)r- the waivers until 7 : 50 P.M. tonight to do so, or to be assessed an , \ estimated $11, 500. 00. Motion carried unanimously. Ms . Cox stated that she did have waivers with her. Mayor Laurent asked if anyone present wished to speak on the proposed improvements for the P & V Additions. John Collins, 109 E Mound St. , Shakopee, Mn. approached the podium. Mr. Collins stated his concern about the Harcy property, which the state bought and is currently renting out. He asked whether the state was going to pay the assessments. He also wanted to make sure he would not be assessed for a vacant lot which has no street access. • Dave Nummer stated that Mr. Collins would not be assessed for the vacant lot but that there would also not be any sewer or water installed. In answer to Mr. Collins other question, he stated that the State would pay the assessments for the Harcy property. Mayor Laurent closed the public hearing for the P .& V Additions. Lynch/Sweeney offered Resolution No. 4150, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the P & V Addition and P & V 2nd Addition, Project No. 1995-5, and moved its adoption. Motion carried unanimously. Cncl .Lynch stated her concern for taking the time to seek qualified candidates for police officers. Cncl . Sweeney reiterated Cncl . Lynch's concerns for the record. Cncl.Brekke also had the same concern and wanted it noted on the record. Lynch/Sweeney moved to authorize the hiring of Chris L. Dellwo as a police officer with the Shakopee Police Department at a monthly rate of $2 , 463 . 00 subject to the satisfactory completion of pre- employment medical and psychological testing and the customary 12 month probation period. Motion carried unanimously . _ CONSENT Memo To: Dennis Kraft, City Administrator From: Nancy J. Emerson,Planning Intern Date: July 14, 1995 Re: Gas Station Canopies Introduction: The City Council has directed staff to revise the standards for Gas Station Canopies. A copy of the July 6, 1995,Planning Commission staff report has been attached for your reference. Discussion: Currently, Gas Station Canopies must be within the normal building setbacks for principal structures. Canopies appear to create less of an impact than a principal building due to their "Open Air" design. Gas stations are a Conditional Use in the Highway Business Zone(B-1) and Central Business Zone(B- 3). Alternatives: 1. Approve the proposed text amendment to City Code 11.87, Subd. 2 (S). 2. Do not approve the proposed text amendment to City Code 11.87, Subd. 2 (S). 3. Table the decision, and request additional information. Planning Commission Recommendation: The Planning Commission has recommended the approval of the proposed text amendment to the City Code 11.87, Subd. 2 (S) (Alternative No. 1). Action Requested: Offer Resolution No. 420, A Resolution Approving the proposed text amendment to City Code 11.87, Subd. 2 (S), and move its adoption. 1 ORDINANCE NO. LI 2 O , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, SEC. 11 . 87, CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES, BY REPEALING SUBD. 2 .S, GAS STATIONS, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 11, Zoning, Sec . 11 . 87, Conditional Use Permit Standards for Business Zones, is hereby amended by repealing Subd. 2 .S, Gas Stations, and adopting one new subdivision in lieu thereof, which shall read as follows : S. gas stations : 1. shall be screened from any adjacent residential zone; 2 . shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas; 3 . shall conduct all repair, assembly, disassembly, and maintenance of vehicles within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement; 4 . shall not have a public address system which is audible from any residential property; 5 . shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and 6 . shall not sell, store, or display any used vehicles ; and 7 . may have a canopy which prolects up to ten feet into the required front or rear yard setback. The setback shall be maintained clear of all obstructions up to a height of thirteen feet . The canopy shall have a maximum vertical thickness of three feet . The canopy shall have a maximum height of 18 feet . Note : The ctrickcn language 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 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 , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . [30ord) --� 11L 12_ Memo To: Shakopee Planning Commission From: Nancy J. Emerson, Planning Intern Meeting Date: July 6, 1995 Re: 20 foot setback for Gas Station Canopies; Proposed Zoning Ordinance Text Amendment Introduction The City Council directed staff to set guidelines for gas station canopies. Staff is proposing a text amendment to Section 11.83, Subd. 2 (S), regarding the required setback for Gas Station Canopies. Currently, Gas Station Canopies must be within the normal building setbacks for principal structures. Background Gas stations are a Conditional Use in the I-Eghway Business Zone(B-1) and Central Business Zone(B- 3). The current front yard setback for the B-1 district is 30 feet. The front yard setback for the B-3 district is 0 feet. A portion of Section 11.87, Subd. 2(S)is shown in Exhibit A. Section 11.87, Subd. 2 (S), currently makes no reference to Gas Station Canopies (see Exhibit A). Staff is requesting adding a 7th condition to Section 11.87, Subd. 2 (S) (Conditional Use Permit for Business Zones, Gas Station). The 7th condition would read"may have a canopy which projects up to ten feet into the required front or rear yard setback. The setback shall be maintained clear of all obstructions up to a height of thirteen feet. The canopy shall have a maximum vertical thickness of three feet. The canopy shall have a maximum height of 18 feet." Discussion Canopies appear the create less of an impact than a principal building due to their "open air" design. This may provide reason to consider a lesser setback. Staff has researched the canopy requirements of some of the surrounding communities. This information is provided below: Chaska: Regarded as a principle structure. Eden Prairie: Regarded as a accessory structure with a 35 foot setback for the allowed districts. There are 2 height restrictions depending on the district 40 feet and 15 feet maximum height. The top is regarded as a wall and signs are allowed. Savage: Regarded as a principle structure. Prior Lake: Regards as principle structure. Burnsville: Regarded as a accessory structure conditional use. There is a height restriction of 20 feet. The setbacks are 30 feet except if abutting a residential zone than 60 feet front and 50 feet side and rear. 1 Findings According to City Code 11.83 Subd. 2 the City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criteria I That the original Zoning Ordinance is in error; Finding 1 There are no errors with the existing Zoning Ordinance treatment of gas station canopies. Criteria 2 That significant changes in community goals and policies have taken place; Finding 2 A change in policy has occurred. The City Council directed staff to initiate a revision to the setbacks for gas station canopies so they are not held to the same standards as principal structures. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 No significant changes in City-wide of neighborhood development patterns have occurred. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The comprehensive plan does not provide any provisions referencing gas station canopies. Alternatives 1. Recommend to the City Council the approval of the proposed text amendment to City Code 11.87, Subd. 2(S). 2. Recommend to the City Council that this portion of Zoning Ordinance 11.87, Subd. 2 (S) not be amended. 3. Continue the public hearing and request additional information. Staff Recommendation Staff recommends approval of the request to amend the zoning ordinance 11.87, Subd. 2 (S). Action Requested Offer a motion to recommend to the City Council that Section 11.87, Subd. 2 (S) be amended, and move its approval. 2 f Exhibit A ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, SEC. 11 . 87, CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES, BY REPEALING SUED. 2 .S, GAS STATIONS, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 11, Zoning, Sec . 11 . 87, Conditional Use Permit Standards for Business Zones, is hereby amended by repealing Subd. 2 .S, Gas Stations, and adopting one new subdivision in lieu thereof, which shall read as follows : S. gas stations : 1. shall be screened from any adjacent residential zone; 2 . shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas; 3 . shall conduct all repair, assembly, disassembly, and maintenance of vehicles within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement; 4 . shall not have a public address system which is audible from any residential property; 5 . shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and 6 . shall not sell, store, or display any used vehicles; and 7 . may have a canopy which prolects up to ten feet into the required front or rear yard setback. The setback shall be maintained clear of all obstructions up to a height of thirteen feet . The canopy shall have a maximum vertical thickness of three feet . The canopy shall have a maximum height of 18 feet . Note : The otrickcn language 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 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 , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . [30ord] ONSENT IDS Memo To: Dennis Kraft, City Administrator From: Nancy J. Emerson, Planning Intern Date: July 12, 1995 Re: Amendment to the Zoning Map: Medium Density Residential (R-2) to Old Shakopee Residential(R-1C) and Multiple-Family Residential(R-3). Introduction: The applicant is requesting that the city amend the Official Zoning map to rezone the site from Medium Density Residential (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3). A copy of the July 6, 1995, Planning Commission staff report has been attached for your reference. Discussion: The lots in the R-2 district allow existing single family dwellings but not development of new single family dwellings. With the old Shakopee lot sizes of 60 by 142 feet and the minimum lot size for a duplex of 70 by 157 feet it is impossible to develop on a vacant lot without a variance. There are no legal uses for the vacant lots of standard size. This issue was brought to the Planning Commission at the June meeting and the Planning Commission indicated that the preferred approach was to amend the official zoning map to comply with the land uses as much as possible. Alternatives: 1. Approve the rezoning of the subject area from Medium Density Residential District (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3) as shown on Exhibit B. 2. Do not approve the rezoning of the subject area from Medium Density Residential District (R- 2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3) as shown on Exhibit B. 3. Table the decision, and request additional information. Planning Commission Recommendation: The Planning Commission has recommended the approval of the rezoning of the subject area from Medium Density Residential District (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3) as shown on Exhibit B. (Alternative No. 1). Action Requested: Offer Resolution No. 421, A Resolution Approving the rezoning of the subject area from Medium Density Residential District (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3) as shown on Exhibit B., and move its adoption. ORDINANCE NO. 421, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO REZONE [HE CURRENT R-2 ZONES NORTH OF 5TH AVENUE AND SOUTH OF SECOND AVENUE BETWEEN HARRISON STREET AND MARSCHALL ROAD,FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO OLD SHAKOPEE RESIDENTIAL(R-1C)AND MULTIPLE-FAMILY RESIDENTIAL(R-3). WHEREAS, the City of Shakopee has submitted an application rezoning from Medium Density Residential District (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3) as shown on Attachment 2; and WHEREAS,this parcel is presently zoned Medium Density Residential (R-2); and WHEREAS, a public hearing was held on July 6, 1995, and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS,the Planning Commission reviewed this request at their public hearing on July 6, 1995, and voted to recommend approval of the rezoning request to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.21 is hereby amended by rezoning the property described on Exhibit B from Medium Density Residential (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3), as designated therein. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this _ day of ,, 1995. Mayor of the City of Shakopee Attest: City Clerk 10 Applicant: City of Shakopee Memo To: Shakopee Planning Commission From: Nancy J. Emerson, Planning Intern Meeting Date: July 6, 1995 Re: Amendment to the Zoning Map: Medium Density Residential (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3). Site Information Applicant City of Shakopee Location Current R-2 zones North of 5th Street and South of the railroad line between Harrison Street and Marschall Road Current Zoning Medium Density Residential (R-2) Comp. Plan Designation 1980-Residential Draft 1995 -Medium Density Residential, Single Family Residential, and Commercial Municipal Utilities The areas are served by municipal utilities. Adjacent Zoning Zone Title (R-1C) Old Shakopee Residential (R-3) Multiple-Family Residential (B-1) Highway Business (B-2) Office Business (B-3) Central Business (I-1) Light Industrial (I-2) Heavy Industrial Discussion A citywide problem with the R-2 zone was brought to staff's attention. The lots in the R-2 district allow existing single family dwellings but not development of new single family dwellings. With the old Shakopee lot sizes of 60 by 142 feet and the minimum lot size for a duplex of 70 by 157 feet it is impossible to develop on a vacant lot without a variance. It is also virtually impossible to meet the variance criteria since this is not a situation unique to any of the lots. In effect, there are no legal uses for the vacant lots of standard size. This issue was brought to the Planning Commission at the June meeting and the Planning Commission indicated that the preferred approach was to amend the official zoning map to comply with the land uses as much as possible. Staff has prepared recommended zoning map changes based on the PC's direction (Exhibit B). By rezoning the non-conforming areas to Old Shakopee Residential (R-1C) the 1 problem should be largely eliminated except in two blocks where apartment complexes are located. The Multiple-Family Residential (R-3)was recommended for these areas. Findings Section 11.83, Subd. 3 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately. Only one criteria needs to be satisfied. The changes shall be based on findings or criteria including, but not limited to, the criteria listed below: Criteria#1 The original zoning ordinance was in error. the rent Finding#1 The current zoning designation o°r he Re S1C andubject 'te is R-3 d�strictst in owou d bring ance hhe siteinto uses. The request to rezone conformance with its uses and the Comprehensive Plan. Criteria#2 Significant changes in community goals and policies have taken place. Finding#2 The need for this rezoning is not due to any changes in community goals or policies. Criteria#3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding#3 Significant changes in development patterns have not occurred that would create a need to rezone this area. Criteria #4 The comprehensive plan requires a different provision. Finding#4 The rezoning of these parcels from Medium Density Residential District to Old Shakopee Residential and Multiple-Family Residential (R-3) would appear to be in conflict with the Comprehensive Plan's growth management program in one small area. The area that is in conflict consists of a one a half block section of residential dwellings in a commercial designation. However, this is not anticipated to be a commercial growth area until the later years of the comprehensive plan's planning horizon due to the amount of vacant land in the B-3 zone. Alternatives 1. Recommend that the City Council rezone the subject area from Medium Density Residential District (R-2) to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3) as shown on Exhibit B. 2. Modify the recommendations shown on Exhibit B and recommend to the City Council its approval.. 2 2. Modify the recommendations shown on Exhibit B and recommend to the City Council its approval.. 3. Continue the public hearing to allow staff to provide additional information. Staff Recommendation Staff recommends approval of the request to rezone the subject area from Medium Density Residential District (R-2)to Old Shakopee Residential (R-1C) and Multiple-Family Residential (R-3) as shown on Exhibit B. 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CONSENT � o Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planning Intern Date: July 14, 1995 Re: Amendment to the Zoning Map: Multiple-Family Residential(R-3)to Highway Business(B-1) Introduction: The Knights of Columbus are requesting that the City amend the Official Zoning Map to rezone a 4.07 acre site at 1760 4th Avenue East from Multiple-Family Residential (R-3) to Highway Business (B-1). A copy of the July 6, 1995, Planning Commission staff report has been attached for your reference. Discussion: The Knights of Columbus Hall is defined as a private club or lodge. The current zoning designation of the site does not allow private clubs or lodges as a permitted or conditional use. Therefore, the Knights of Columbus Hall is currently a nonconforming use. As a nonconforming use, the Knights of Columbus Hall is not allowed to be enlarged, replaced, or structurally changed. The proposed rezoning allows private clubs and lodges as a conditional use. Additional permitted and conditional uses are outlined in Exhibit B of the Planning Commission staff memo. Alternatives: 1. Approve the request to rezone from Multiple-Family Residential(R-3)to Highway Business (B-1). 2. Do not approve the request to rezone from Multiple-Family Residential (R-3)to Highway Business(B-1). 3. Table the decision, and request additional information from the applicant and/or staff. Planning Commission Recommendation: The Planning Commission has recommended the approval of the request to rezone from Multiple- Family Residential(R-3)to Highway Business(B-1). Action Requested: Offer Ordinance No. 422, An Ordinance Approving the Amendment to the Zoning Map to rezone a 4.07 acre site located at 1760 4th Avenue East from Multiple-Family Residential (R-3) to Highway Business(B-1), and move its adoption. 1 ORDINANCE NO. 422, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO REZONE A 4.07 ACRE SITE LOCATED AT 1760 4TH AVENUE EAST FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) TO HIGHWAY BUSINESS (B-1). WHEREAS, on May 24, 1995, the Shakopee Council 1685 Home Inc. Knights of Columbus submitted an application requesting rezoning from Multiple-Family Residential (R-3) to Highway Business (B-1) of 4.07 acres of land owned by them which is described on Attachment 1; and WHEREAS, notices were duly sent and posted, and a public hearing was held on July 6, 1995, at which all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearing on July 6, 1995, and voted to recommend approval of the rezoning request to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Attachment 1 from Multiple-Family Residential (R-3) to Highway Business (B-1). Section 2 -- Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. ATTACHMENT 1 The North 30 rods and 4.7 feet (499.7 feet) of the Northwest Quarter of the Southwest Quarter, Section 5, Township 115, Range 22, Scott County, Minnesota EXCEPT the Easterly 59 rods and 1.5 feet (975.0 feet) thereof, all distances measured along the North, South, and East-West lines thereof. 10 Applicant: Knights of Columbus Memo To: Shakopee Planning Commission 1 Qom, From: Julie Baumann, Planning Intern �`U Meeting Date: July 6, 1995 Re: Amendment to the Zoning Map: Multiple-Family Residential (R-3) to Highway Business(B-1) Site Information Applicant Knights of Columbus Location 1760 4th Avenue East Current Zoning Multiple-Family Residential(R-3), and within the Mandatory PUD District Comp. Plan Designation 1980-Commercial Draft 1995 - Commercial Municipal Utilities Site is served by municipal utilities. Adjacent Zoning Zone Title North (I-1) Light Industrial South (R-1B)Urban Residential Zone East (AG) Agricultural West (R-3) Multiple-Family Residential Introduction The applicant is requesting that the City amend the Official Zoning Map to rezone a 4.07 acre site from Multiple-Family Residential (R-3) to Highway Business (B-1). Please find attached Exhibit A. This exhibit shows the subject site location on the current zoning map. Background Within the Zoning Ordinance, the Knights of Columbus Hall is defined as a private club or lodge. With the adoption of the new Zoning Ordinance on June 7, 1994 the subject site was zoned Multiple-Family Residential (R-3). Private clubs and lodges are not listed as either a conditional or permitted use within that district. Therefore, the Knights of Columbus Hall is a nonconforming use. The Zoning Ordinance that was in effect from 1979 to 1994, designated the site within the Multi-family Residential (R-4) District. Under that ordinance private clubs and lodges were listed as a conditional use. The KC Hall, however, did not apply for or receive a conditional use permit to operate. Because a conditional use permit was never issued, the KC Hall was a nonconforming use under the provisions of the previous ordinance. 4 1 The Knights of Columbus Hall is considered a Type A Nonconformity. The City Code provides a number of provisions that control the actions of Type A Nonconformities. The provision that is currently most relevant is Section 11.91, Subd. 3.A. This provision states that : No such use shall be expanded, enlarged to use more land area, intensified, replaced, structurally changed, or relocated, except to make it a permitted use. Normal maintenance and non-structural repairs shall be excepted from this prohibition. Considerations The proposed rezoning would list private clubs and lodges as a conditional use. If this request were approved, the KC Hall would then be able to operate as a conforming use, provided that a conditional use permit was issued. As shown on Exhibit A, the property proposed to be zoned is located adjacent to existing I-1, R-1B, AG, and R-3 zoned properties. Rezoning the property to B-1, would appear to be spot zoning, which is considered to be in conflict with good planning principles and generally discouraged. However, the proposed rezoning is in compliance with the Land Use Plan designations set forth by the 1980 and the draft 1995 Comprehensive Plans. The subject site is within the Mandatory Planned Unit Development District. The properties to the east, west, and south of the subject site are also within the Mandatory PUD District. The area to the north is not included in the Mandatory PUD District. The existing land uses in the subject site area include a cemetery, light industrial, and a residential Planned Unit Development. The dwellings in the Planned Unit Development include single family homes, as well as multiple family dwellings. Rezoning the property would allow the property owner to take full advantage of all the permitted and conditional uses within the B-1 district. Some of these include motels/hotels, gas stations, and medical clinics. For a complete list of permitted and conditional uses within the B-1 district, please see Exhibit B. Findings Section 11.83, Subd. 2 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 to, the criteria listed below: Criteria#1 The original zoning ordinance was in error. Finding#1 The current zoning designation for the subject site is not in compliance with the 1980 or the draft 1995 Comprehensive Land Use Plan. Therefore, the current zoning is in 2 error. The applicant's request to rezone to the B-1 district would bring the site into conformance with the draft 1995 Comprehensive Plan. Criteria#2 Significant changes in community goals and policies have taken place. Finding#2 The goals and policies for the Multiple-Family Residential District within the City of Shakopee have not changed. Criteria#3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding#3 Significant changes in development patterns have not occurred which would effect the directions established in the 1980 or the draft 1995 Comprehensive Plan for this area. Criteria #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding#4 The rezoning of this parcel from Multiple-Family to Highway Business would not be in conflict with the Comprehensive Plan's growth management program. Alternatives 1. Recommend that the City Council rezone the subject site from Multiple-Family Residential (R- 3)to Highway Business(B-1). 2. Do not recommend that the City Council rezone the subject site from Multiple-Family Residential (R-3)to Highway Business(B-1). 3. Continue the public hearing to allow the applicant and/or staff to provide additional information. Staff Recommendation Staff recommends approval of the request to rezone the subject site from Multiple Family Residential (R-3)to Highway Business(B-1). Action Requested Offer a motion to recommend to the City Council the approval of the request to revise the Official Zoning Map to rezone the subject site from Multiple-Family Residential (R-3) to Highway Business (B-1), and move its approval. 3 EXHIBIT A ZONING ,, AG • _ • iikiiiiY\i..... • • • = �(1-1• :;: 111 a82n' s "' 1______ "-- '60-' fi--f apt:;1'1::1.1 :111- 1.1, ' �� ..t; :11: ..1::111• ail' •It1:U1�1'�� 12 . fir.•5:. $ ' Y1 Ii 1��I rpm no- ..i._ 1-+; `+i :!_::-.11,5 mut; mom. mi.3 R3 Boat 61 .►�. v.s.r.��141,1= _!, az R1B 00,1R 111 ;r;�t.c g•• �■ it 0 f .t. �2,! ,..,,1.:1- _._ai►,,..,„r_i �Pio%►`. R 3 R3 -: 'i�11,+ ..1': aur :1111:r_aHji.:r, e , r i....1::m • ,� :..c 1..r �►�a'_: —(`p' / IA R ill:_Ih 11111 an m1 is, c •lik �j`/.'-410 Illh —= �=clad, 0 ' -itp �'�Rpm ..._- i,U � A1C 71111_��si11U11iilk-•+ i1- 711117 .1,1 �,,, �- �� 1131 �'�•' ,'-•'', _ , %V '`.... ill 41: __ __ __ �_l^_ :_ __ _ :_ __ __ __:_ ___D , N.. 41110, ,. :re:= ...-s . s iso - ...% 171:RI ov oma u- v_i o- i'i i1\'1•rt FTf•) �' 111 ti 41 - a: \ice * /, - J? �r.,:rw>.i` tit-11iI�s�j.Ap 4 ►411 IMMONtiM. V: 2-.II.:164��41:•^O+'>>744. 4./.� .., A II P. P.JR.A_ .,_S',=`.- R3 ==_Ilh•.,2,�.% .cum, - ,i 1 ,, _„ . D_-_•.. 41 Aft. 44 ` J' r P-S I -^ __ --syr CIVVI IES an••u.�:'� vnO77 moi;12 +�3 4. RIO 0_D SH-.-<OP=_= B=SD= ,► ~16 o%:;.6:.•n C� R2 sol ! R2 ` D UM D=NS - R=S(D B1 R3 �.'J`T iPL` FAV _ R=SiD 1 eillil - I ! B1 H GH'/;,A`r BJSA=SS __ 1 B2 OF FIC= BCS';N=SS B3 C=N RAL BDSI' =S ' • i 1 II 123'7--17 INDJS T R -_ 1 I 12 -_A',^( ;NDUSTR -_ GRAPHIC SCALE u,,J.0 R 0 i ` 5 J I ,r , ,. �1_j t- F_L'..1 t,J� •`-,,,�• D.\ -(C �_. Zoning Map C.: : - y; of SHAKOPEE • EXHIBIT B SEC. 11 . 36 . HIGHWAY BUSINESS ZONE (B-1) . Subd. 1 . Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets . Subd. 2 . Permitted Uses . Within the highway business . zone, no structure or land shall be used except for one or. more of the following uses : A. motels and hotels; B. restaurants, class 1; • C. retail establishments; • D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3 . Conditional Uses. Within_.the highway- business 'zone, no • structure or land shall be used for the following mses. except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; - D. open sales lots or any use having .exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor; Z . bed and breakfast inns; uses having a drive-up or drive-through-window; 42 MOW • R. vehicle sales, service, or repair; including general repair, rebuilding Cr reconditioning of engines or vehicles , including body work, frame work and major painting service, replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes ; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S . structures- over 35 fee: in height; T. developments containing more than one principal structure per lot; or U. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted- Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses : A. any incidental repair cr processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. ocher accessory uses customarily appurtenant to a nen-ratted use, as determined by the Zoning Administrator. Subd. 5 . Desiazr Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: minimum lc: area : (r._•.: lots) : one acre 43 ONSENT IDS Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planning Intern Date: July 14, 1995 """" 11��11 Re: Amendment to the Zoning Map: Racetrack District(RTD) and Multiple-Family Residential (R-3)to Urban Residential(R-1B)and Major Recreation(MR) Introduction: The City of Shakopee is requesting that the Official Zoning Map be amended to rezone portions of the city from Racetrack District (RTD) and Multiple-Family Residential (R-3)to Urban Residential (R-1B) and Major Recreation (MR). A copy of the July 6, 1995, Planning Commission staff report has been attached for your reference. Discussion: In 1986, the City Council adopted the Racetrack Land Use Study. This study recommended the creation of the Racetrack District and the mapping of the district to include a large amount of land around Canterbury Downs. It was anticipated that there would be considerable commercial development around the racetrack when the plan was created. This anticipated growth has never really evolved. On June 7, 1994, the City Council adopted the new Zoning Ordinance Text which deleted the Racetrack District. A new district, the Major Recreation District was created. The majority of the subject area is currently not under the control of the new Zoning Ordinance Text due to the present zoning designation of Racetrack District (RTD). The approval of the Planning Commission recommendation will bring the subject area under the control of the new Zoning Ordinance Text. Please find attached Exhibits A and B. Exhibit A is a map depicting the existing zoning. Exhibit B displays the proposed zoning. Alternatives: 1. Approve the request to rezone from Racetrack District (RTD) and Multiple-Family Residential (R-3)to Urban Residential (R-1B) and Major Recreation(MR). 2. Do not approve the request to rezone from Racetrack District (RTD) and Multiple-Family Residential (R-3)to Urban Residential (R-1B) and Major Recreation (MR). 3. Table the decision, and request additional information from the applicant and/or staff. 1 Planning Commission Recommendation: The Planning Commission has recommended the approval of the request to rezone from Racetrack District (RTD) and Multiple-Family Residential (R-3) to Urban Residential (R-1B) and Major Recreation(MR). Action Requested: Offer Ordinance No. 423, An Ordinance Approving the Amendment to the Zoning Map to rezone areas located South of 4th Avenue, West of County Road 83 to Marschall Road from Racetrack District (RTD) and Multiple-Family Residential (R-3) to Urban Residential (R-1B) and Major Recreation(MR), and move its adoption. 2 471 _ •vE B '1 1 EXHIBIT A AG ILL ftAtt .:.,.:.:.::.i.::..::::::,.:,,„„„„„.:.:,:„... 1B ........,. .................... v.:4 SSE ..:::„::,:::::::„„„:„:„„„: ::.-!::.::::1:7::.:::::::::!::.:.:!:.: 7.:...::.77:D7i:i MR .1:•mpo anisop:::,i4 pil 1.1.11.1.1 _ _7M4 17 .. • . •, . 11 .,;\ 40' rivi . = e eii, ..:.:„.:.::.:.:.:.:.:.. " . . itit if 4.:::: :::::::. .....:.:.:.:.:.:. . D:"17.D"."1;" eA k of lepentlii �o.�.r�a.0 t♦ �I 41141141o, \Nati iroviutin :auk affiatir .0 irt 411-#4••4 w4 - ._, .ce 011 a *** 4.,41,.4* - A bop, ,i � �w , 44k. --m b ea nejiliN7‘ $44 0 4,110'isigg -`-' 1.1-7 A : --- Niffi nu pal, 1J � � �b -.dip ---- jLl . EXISTING ZONIN G Q •04 i MR *Y g EXHIBIT B B1 AG ...:::..:::::::::::::::::::. . Alissosii,.....::::, ....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,„„„,.„,.„„„,„,„„,...,„„.„0.,„„„„„,.„,...,.„.„„,„.„,,,,,,. .......................... ........... .:.:....„...:.:........::.::.:.::.....................................„.:.:.:.:.:......:......:...........,1 B ::: :::.::::R:.::. .::::•:: ::::..:: . .:::: :�. : ::. WWI 1111111111goo R 11 _ :::::::::11.i::::!1.11'.:.::1::::.:.1:.'..1..:',::..1'.1.;.::'..1'.1.:.'::..i11.1':.i.i.1..1'.1.i...11..1i;i.::!..11..1:::i.:::::1!.:...i .!..:.'.i..:':.1.:.':.1:1:.1.::':i;i1..'.1::::1:i'.i:'..1:.'.1.:':::.11.1.::l.:.i::'._1'.'!1.1.'.1:11.;:l.L1.....:si:i':'.1',!!1.1....!".!.I.1...:::::.!.1....!.:....fi'...:1'.1:11.1;:1::::1.;!...!.1.„.i.......1 1 OPa/ . %.* %. 11,...::•:::::::.....:...........:::::......:-..:::"...:•:......•......::.......:•............................:-............:.......•.......:..............:..•..."...............:::::::::::::.....................::.......-..........."..:-..::.:...-:-...:•.....:::::::.".;.......i.............i.."..:::::........?,:i. I Jr O s • 4 • . .44?::*1*At f p S additteak vaiciiii/B1VP d Sigh, - -- ..:,„ Nit,._ . . ltr.riat:-.- , „, ,,$ ---474. , n:ioup #_,.# 11. ,v_si.*17*. ,,ts.i47---- NI - mg :g ...&,---,.,, oiA.rviii.t.4.,._ • .., __ . Eau IN 53111111.;- 101:1wIR allpsi(17. ttogat4 .* - A ..ttil I' SRaMiE. �I-ll•rY/t /�' 1 I/ 1 1 F1,1 .1.1!" D b ;ti .i LZK+u1 .K 1.n -3t1' PROPOSED ZONING OpE2I MR ...... . M =-it1. s1 8 acs �::::: : :::::: - ORDINANCE NO. 423, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY CODE BY ADOPTING A ZONING MAP FOR AN AREA GENERALLY DESCRIBED AS NORTH OF COUNTY ROAD 16, SOUTH OF 4TH AVENUE, EAST OF SARAZIN STREET (EXTENDED), AND WEST OF COUNTY ROAD 83. WHEREAS, on June 7, 1994, the City Council adopted Ordinance No. 377, which adopted a new Chapter 11, Zoning, to the City Code; and WHEREAS, Ordinance No. 377 provided that it would not become effective until the latest of its passage, the publication of its title and summary, and the passage and publication of an ordinance or ordinance summary adopting a new zoning map; and WHEREAS, Ordinance No. 377 passed, and its title and summary were published on July 7, 1994, but the zoning map was not included at that time; and WHEREAS, the City Council has adopted a new zoning map for most of Shakopee; and WHEREAS, the City Council now desires to adopt the zoning map for the remaining area around Canterbury Park. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the land shown in Exhibit A is hereby mapped under the new zoning ordinance as identified on the Exhibit, in conformity with City Code Sec. 11.03. 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 - Summary Approved. The City Council hereby determines that the text of the summary of this ordinance, marked "Official Summary of Ordinance No. 423" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4 - Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Scott County Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 5 - The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the Scott County Library. Section 6 - Effective Date. This ordinance becomes effective upon its passage and the publication of its title and summary.. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. ORDINANCE NO. 423, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY CODE BY ADOPTING A ZONING MAP FOR AN AREA GENERALLY DESCRIBED AS NORTH OF COUNTY ROAD 16, SOUTH OF 4TH AVENUE, EAST OF SARAZIN STREET (EXTENDED),AND WEST OF COUNTY ROAD 83. The following is the official summary of Ordinance No. 423, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota, on , 1995 : The City Council adopted the zoning map for an area around Canterbury Park. Land east of Shenandoah Drive was zoned Major Recreation (MR), and land west of Shenandoah Drive was zoned Urban Residential (R-1B). Nearly all other areas of the City were mapped in November 1994, and are subject to the new zoning ordinance already. These areas will be subject to the provisions of the new zoning ordinance. A map was attached to the ordinance showing the areas affected. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Scott County Library. - iiiii;:ii:iN::igiiiMEN D pEXHIBIT A AG .........................................................:„,............... ........... ............-...-.......-...-...- Ell 1 11 i:gi:.iii:::::::::::i.ii::: M R - -. . -vro . , . I 1 8 ......,4„,,,,,,:„,,,.„,.„„:„. ...„ . . 0.„.:::...,„„i„,,,„„,,,,,,.,,,,,,,„„im. ,,- .., . 4*.eili7 4 s 46,4ib4tPcfitb _ , _ ..................................................... 0 sacspauma i . -- , - vanti0IITIV it I./a, -, _ 4, -NN* :, .,, b niat$1111117 1.•0_ . ow 10_121614P / ir-c--44t.). h FEli � � � - moo/ �►4Ih �� ` 41111 411 we , 5 »Jr., ...,ti i 1 ri. .,, dal siiftlitt -.41,, a ” jai A 11 Z ,:;i;:::: MR 'No •T..:..__. 11111..1.1 Ate, I 1 zi EXHIBIT A A G ::::::::::::;:::::::::::::::::::::::::::::: ::::::: B 4 `y L�IIP['R�RT R IP ..........,.................,.................................................................. .........".".......................... .......... .... ...... .................... :........ ..........„::::,„:„„„„.......„:„:„:„...„...„:„:„:„.„.„,..:.......:.:....:....:............ .. :...::::::,:.:.„..,....:::::::::.:....„...„.:....._.,...."......"...•.•••• .:.,......... .. ..„ ,....., ..... . ..... 4. ,•• :...::::::::::::::::::: ..., \ .... ......„. 11 ,....„...,,, .. ......„:::....„:„:,,, .. ...„,.,..„..„:„.„ . , A_.4,#, _ ., . ., .,„„,:,,,,,,,,„„„„,,,,,....,„:„...„..........,:.....„,,,..„,:::,„,„..„,,.,11u,iiiiiiiiiiiip 0,„:‘, I, 01°9$1 • ....--...----::::::':":"::::::MR:::'":. '4 ' , s'it4:*ib4tP. .b.f . .... .. 0t a ■ Millaveltrtei ilk ■ T4IP*--ir !,1111k t Si* ---- .. .. , \*NI, miloir.....-3131vp1110, is " .�.-v V�� *Is 1 d - $,off 444, AL 4 A' r° `i /a 1, I .l 11�� -_4: b ,_'/� w"n" fl .� _,.................L1 L. `:: • , ASR T / 3. Applicant: City of Shakopee Memo To: Shakopee Planning Commission From: Julie Baumann, Planning Intern Meeting Date: July 6, 1995 Re: Amendment to the Zoning Map: Racetrack District (RTD) and Multiple- Family Residential (R-3) to Urban Residential (R-1B) and Major Recreation (MR) Site Information Applicant City of Shakopee Location South of 4th Avenue;West of County Road 83 to Marschall Road Current Zoning Racetrack District(RTD) and Multiple-Family Residential (R-3), and within the Mandatory PUD District Comp. Plan Designation 1980 - Agricultural Draft 1995 -Entertainment (East of Shenandoah Drive)and Single- Family Residential(West of Shenandoah Drive) Municipal Utilities Site is served by municipal utilities. Adjacent Zoning Zone Title North I-1 Light Industrial South I-1 Light Industrial R-1B Urban Residential East MR Major Recreation West R-1B Urban Residential Introduction The City of Shakopee is requesting that the Official Zoning Map be amended to rezone portions of the site from Racetrack District (RTD) and Multiple-Family (R-3) to Urban Residential (R-1B) and Major Recreation (MR). Please find attached Exhibits A and B. Exhibit A shows the location of the sites proposed to be rezoned within the Urban Area Zoning Map. Exhibit B displays the areas to be rezoned within the Rural Area Zoning Map. Considerations In 1986, the City Council adopted the Racetrack Land Use Study. This study recommended the creation of the Racetrack District (RTD) and the mapping of the district to include a large amount of land around Canterbury Downs. It was anticipated the there would be considerable commercial development around the racetrack when the plan was created. This anticipated growth has never really evolved. 1 The City is proposing that the areas west of Shenandoah Drive be rezoned from Racetrack District (RTD) and Multiple-Family Residential (R-3) to Urban Residential (R-1B). The proposed rezoning would be in compliance with the draft 1995 Comprehensive Plan Land Use Plan. The proposal also includes that the areas east of Shenandoah Drive be rezoned from Racetrack District (RTD) to Major Recreation(MR). The proposed rezoning would essentially extend single family residential zoning along the west side of Shenandoah Drive. Developers would still be able to develop at higher residential densities as part of a Planned Unit Development (PUD). It would also extend the Major Recreation zoning along the east side of Shenandoah Drive. 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 to, the criteria listed below: Criteria#1 The original zoning ordinance was in error. Finding#1 The current zoning designation for the subject site is not in compliance with the draft 1995 Comprehensive Land Use Plan, and would therefore be in error. The request to rezone to the R-1B and MR districts would bring the site into conformance with the draft 1995 Comprehensive Plan. Criteria#2 Significant changes in community goals and policies have taken place. Finding#2 The goals and policies for the Racetrack District within the City of Shakopee have changed. On June 7, 1994, the City Council adopted the new Zoning Ordinance text which deleted the Racetrack District. A new district, the Major Recreation District was created. Criteria#3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding#3 Significant changes in development patterns have not occurred which would effect the directions established in the draft 1995 Comprehensive Plan for this area. However, the draft 1995 Comprehensive Plan recognized the reduced development expectations for the area. Criteria#4 The amendment is necessary to implement the Comprehensive Plan's growth management program. 2 Finding#4 The rezoning of this parcel from Racetrack District/Multiple-Family Residential to Urban Residential/Major Recreation would not be in conflict with the Comprehensive Plan's growth management program. Alternatives 1. Recommend that the City Council rezone the subject site from Racetrack District (RTD)/Multiple-Family Residential (R-3) to Urban Residential (R-1B)/Major Recreation (MR). 2. Do not recommend that the City Council rezone the subject site from Racetrack District (RTD)/Multiple-Family Residential (R-3) to Urban Residential (R-1B)/Major Recreation (MR). 3. Continue the public hearing to allow staff to provide additional information. Staff Recommendation Staff recommends approval of the request to rezone the subject site from Racetrack District (RTD)/Multiple-Family Residential (R-3)to Urban Residential (R-1B)/Major Recreation(MR). Action Requested Offer a motion to recommend to the City Council the approval of the request to revise the Official Zoning Map to rezone the subject site from Racetrack District (RTD)/Multiple-Family Residential (R-3)to Urban Residential(R-1B)/Major Recreation(MR), and move its approval. 3 EX I-I 113IT A . I1 s t 1 3 ril....... 1 . lyr:M• A G B '1 11 _ iwillitifigiiiiiiiiniiii,,.. _. ..•..i.,....•.,..•,..„:„.•..,..•..„..„::;19r.............:......... . � 1B :I R e i t _ :>i:i:y - liti:21 J'flit:, - M • R CwMi7f AGR 0u_-.:-_ r 1LO, - _ 1 RIB UR:=2,-.1.,\; '0, ::aiiignigiiiin:...:...::.:FOR: , .:V 1. U .. '.`. L ._ ._— - } \- f D 3 t..'.i - - - "' - - :-_ '.. . ':.::..:qii.i",s,::''',Iiiig0 . -__. • / ..1 G. . _cc l r / B 2 OFFICE- I - 77 83 Cr RJ , _ _ J' c- c.. • I ) 11 LIGHT IiJ^ -- '� 1 f : :`::>:. ��J 1 ‘411, . • *' / • 1 ss C / / --',"---, , A �7 t - Zoning Map ( : , , v o 'F � HAKOPEE . ._ . • • EXHIBIT B , .. . - . , • . .. , _, ,..... ..._,________ I . 0 11111 11:1 111'- 111-1'.411 11111 ''''. - ( do"rn•OP°' ;WO . • - • - - -- ' L Imo ---,elkilOS A _ • 11;4041% , II ps AR -; • : - LI I rt z ih, i 1;1 ail a c-ri„ tz 4 F1L2 1 •640,_. • • ________. .1 • - ! 1 RI:. 11111112==.;11111BDE a - • • - -. A teq1 1 MR . • ' ' -a a• t ..1 • 1 . _iik'- j141111. II i k. ii[Li --.---4{—.4 -_-_ .-- . • _ ,....„,....._..... . J IMO_ 1 *4WD...,, /7LIIRIFIt all .7 .. -..... , - _ 1111TrAlf .t. , I:: L . , 1 , . .,t, e 1.4-0,1/4.,..-. ...: •• ----;____.„ t • _., • ... . .._ _ II* „vire •-- JP- • , ../1 I -.... 4.1. - 1110101.11111 . ,---, ,-C.; , ,.. , ,7 --- ---- --- _ - :---- RR 7-----1 R", B L .: R7c07'.- Ti ._. . .... ____ fv ED:..J N., E.:',-7 N S:77' :::7 S 2-7.,.- _. 7-1 3 .'...)_7:RH_E F.-1,.' ‘:f :-":7 S 2:7 7 - PIT 7-7 E33 CENTRAL B..;S:%ESS • ..„.....,...,„ • AG , , C C.'-:,-s-::" •' -) • .-.. 74 L_-___ir r__,.--,_, ,- •-, _.; ,.) - , _-...1 Zoning Map ( • ! 1. .•„ I-' ; C--‘ !--i A tznocc / � QJ Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner , Date: July 7, 1995 Re: Proposed Zoning Ordinance Text Amendment; Revision to the Conditional Use Permit Standards for Industry Zones. Introduction Fischer Aggregates, Inc. has submitted an application for a text amendment to Section 11.88, Subd. 2 (S.3), regarding specific standards for Conditional Use Permits for Mining. This provision requires that an application for a Conditional Use Permit for mining must provide the following maps of the site and all areas within 500 feet of the site: (1) Existing Conditions; (2) Proposed operations; and (3)End Use Plan. Discussion Section 11.88, Subd. 2 (S.3), specifically states that applicants "Shall provide the City with the following maps of the entire site and all areas within 500 feet of the site drawn at a scale of one (1) inch to one hundred(100)feet. The applicant is requesting that this requirement be reduced from "all areas within 500 feet" to "all areas within 100 feet". A copy of the July 6th 1995, Planning Commission staff memo has been attached for your reference. There was no staff recommendation provided in the Planning Commission staff memo because this is largely a policy issue. However, the technical issues of how much off site detail is needed to analyze mining impacts will vary greatly from site to site and could exceed 500 feet in some circumstances. Staff would like to stress that this requirement was discussed within the past year with the update of the Zoning Ordinance. During this process, it was recommended that this requirement not be amended. Alternatives 1. Amend Section 11.88, Subd. 2 (S.3)to require topographic information within 100 feet of the site drawn at a scale of one (1) inch to one hundred (100) feet. However, the City Engineer shall use the appropriate discretion to require additional topographic information in order to evaluate the potential impact upon neighboring properties (as recommended by the Planning Commission). 2. Do not amend Section 11.88, Subd. 2(S.3). 3. Approve the text amendment to Section 11.88, Subd. 2 (S.3)as proposed by the applicant. 4. Amend Section 11.88, Subd. 2(S.3)to require one of the following: a) Topographic information within feet for all proposed mines; b) Topographic information within feet for all proposed mines, and require topographic information within feet when the City Engineer determines it is necessary in order to evaluate the potential impacts upon neighboring properties; or 1 c) Topographic information within feet of the site drawn at a scale of one (1) inch to one hundred (100) feet. However, the City Engineer shall use the appropriate discretion to require additional topographic information in order to evaluate the potential impact upon neighboring properties. 5. Table the decision and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended Alternative No. 1, that Section 1188, Subd. 2 (S.3) be amended to state that applicants, "Shall provide the City with the following maps of the entire site and all areas within 100 feet of the site drawn at a scale of one (1) inch to one hundred (100)feet. However, the City Engineer shall use the appropriate discretion to require additional topographic information in order to evaluate the potential impact upon neighboring properties. " Action Requested Offer a motion to direct staff to prepare the appropriate ordinance to amend Section 11.88, Subd. 2 (S.3), and move its approval. {J:\PLAN\CC\1995\CC0725\TEXTM INE.72 5} 2 7-7 -95 Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner Meeting Date: July 6, 1995 Re: Revision to the Conditional Use Permit Standards for Industry Zones; Proposed Zoning Ordinance Text Amendment Alternatives Below are revisions to the alternatives provided in the staff memo. Additional language is in italics and deleted language is crossed out. 1. Recommend that this portion of Chapter 11 not be amended. 2. Recommend to the City Council the approval of the proposed text amendment to Chapter 11 as proposed by the applicant. 3. Recommend to the City Council that the submittal requirements be revised to require one of the following requirements: a) Topographic information within feet for all proposed mines; b) Topographic information within feet for all proposed mines, and to require topographic information within feet when the Public Works Director Planning Commission determines it is necessary in order to evaluate the potential impacts upon neighboring properties. 4. Continue the public hearing and request additional information from the applicant and/or staff. NOTE: Regarding Staff Recommendation There was no staff recommendation provided in the staff memo because this is a policy issue. However, staff would like to stress that this requirement was looked at and discussed within the past year with the update of the Zoning Ordinance. During this process, it was recommended that this requirement not be amended. However, the Planning Commission is free to recommend an alternative submittal requirement to the City Council. {J:/PLAN/PC-BOAR/1995/0706/TEXTTABL.MEM} Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner6 4 - Meeting Date: July 6, 1995 Re: Revision to the Conditional Use Permit Standards for Industry Zones; Proposed Zoning Ordinance Text Amendment Introduction Fischer Aggregates, Inc. has submitted an application for a text amendment to Section 11.88, Subd. 2 (S), regarding specific standards for Conditional Use Permits for Mining. This provision requires that an application for a Conditional Use Permit for mining must provide the following maps of the site and all areas within 500 feet of the site: (1) Existing Conditions; (2) Proposed operations; and (3)End Use Plan. A copy of the reasons for their request has been attached as Exhibit A Section 11.88, Subd. 2 (S), specifically states that applicants "Shall provide the City with the following maps of the entire site and all areas within 500 feet of the site drawn at a scale of one (1) inch to one hundred (100)feet. The applicant is requesting that this requirement be reduced from "all areas within 500 feet"to "all areas within 100 feet". Background The portion of Chapter 11 of the City Code which requires that an application for a Conditional Use Permit for mining must provide maps of the site and all areas within 500 feet of the site was adopted in 1979. This requirement has been carried over into the current Zoning Ordinance. A copy of Section 11.88, Subd. 2 (S)has been attached as Exhibit B for your reference. Discussion The applicant has provided a number of reasons to reduce this requirement from 500 feet to 100 feet. Their reasons include the following: 1. 100 feet is consistent with City's Subdivision Regulations and application form for a Preliminary Plat. 2. Topographic information is not available in all areas of the City, particularly Agricultural areas. Therefore, it requires considerable time and expense to obtain topographic date to an area 500 feet beyond the perimeter of the subject property. 3. 10 foot interval contours are available in all areas, therefore, some topographic information is available. 4. The City ordinance only requires a 100 foot perimeter for a preliminary plat in any area of the City. It is an undue burden to require a 500 foot perimeter only for a mining area. 5. City ordinances typically require 2 foot interval topography to 100 feet beyond the subject boundary. 500 feet is a very urnisual requirement. 6. A 500 foot perimeter will require permission from adjacent owners to survey and establish ground control. This permission may not be given. Also a 500 foot perimeter is often a larger area than the subject site. 1 7. At the time of platting, the City Engineer may extend the requirement to 300 feet if necessary (City Subdivision Regulation Section 12.04 B7). This assures that the City will have sufficient topographic information before platting and development. Staff has researched the topographical submittal requirements of a few other communities within the metropolitan area. This information is provided below: Apple Valley: 100' Burnsville: 100' Chaska: 300' Lakeville: 350' Scott County: 350' Woodbury: 200' Shakopee's 500 foot requirement was originally adopted to protect neighboring properties from impacts of proposed mines. One option that the Planning Commission may want to consider is to revise the submittal requirements to require topographic information within 100 or 200 feet for all proposed mines, and to require topographic information within 500 feet only when it is necessary in order to determine the potential impacts upon neighboring properties. An example of where the 500 foot dimension lies in proximity to the Fischer Aggregate mine has been provided on Exhibit C. Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criteria! That the original Zoning Ordinance is in error; Draft Finding 1 The original Zoning Ordinance is not found to be in error. Criteria 2 That significant changes in community goals and policies have taken place; Draft Finding 2 Determining the amount of topographic information required for a sufficient review of a mining operation, and yet protect the public, is a policy issue. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Draft Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria#4 That the comprehensive plan requires a different provision. Draft Finding #4 Neither the 1980 Comprehensive Plan, nor the 1995 draft Comprehensive Plan requires a different provision. 2 Alternatives 1. Recommend that this portion of Chapter 11 not be amended. 2. Recommend to the City Council the approval of the proposed text amendment to Chapter 11 as proposed by the applicant. 3. Recommend to the City Council that the submittal requirements be revised to require one of the following requirements: a) Topographic information within feet for all proposed mines; b) Topographic information within feet for all proposed mines, and to require topographic information within feet when the Planning Commission determines it is necessary in order to evaluate the potential impacts upon neighboring properties. 4. Continue the public hearing and request additional information from the applicant and/or staff. Action Requested Offer a motion to recommend to the City Council the recommended alternative, and move its approval. {J:\PLANIPC-B0AA11995\PC0706\TEXTMINE.JUL.} 3 EXHIBIT A FISCHER AGGREGATES, INC. PROPOSED ZONING ORDINANCE AMENDMENT 06-08-95 The existing ordinance in Section 1 1 .88 Subdivision 253 states the following: "3. shall provide the City with the following maps of the entire site and all areas within 500 feet of the site, drawn at a scale of one (1) inch to one hundred (100) feet:" Fischer Aggregates, Inc. request that this wording be revised to read as follows: "3. shall provide the City with the following maps of the entire site and all areas within 100 feet of the site, drawn at a scale of one (1) inch to one hundred (100) feet:" Reasons for the proposed amendment are: 1 . 100 feet is consistent with City's Subdivision Regulations and application form for a preliminary plat. 2. Topographic information is not available in all areas of the City, particularly Agricultural areas. Therefore, it requires considerable time and expense to obtain topographic data to an area 500 feet beyond the perimeter of a subject property. 3. 10 foot interval contours are available in all areas, therefore, some topographic information is available. 4. The City ordinance only requires a 100 foot perimeter for a preliminary plat in any area of the City. It is an undue burden to require a 500 foot perimeter only for a mining area. 5. City ordinances typically require 2 foot interval topography to 100 feet beyond the subject boundary. 500 feet is a very unusual requirement. 6. A 500 foot perimeter will require permission from adjacent owners to survey and establish ground control. This permission may not be given. Also, a 500 foot perimeter is often a larger area than the subject site. 7. At the time of platting, the City Engineer may extend the requirement to 300 feet if necessary (City Subdivision Regulation Section 12.04 67). This assures that the City wig have sufficient topographic information before platting and development. EXHIBIT B 4 . shall provide the City with information regarding the nature and location of all explosive materials, and keep such information current . g_D S. mining: 1. shall provide the City with the exact legal description and acreage of area to be mined; 2 . shall provide the City with an aerial photograph of the site prior to any mining; 0j 3 . shall provide the City with the following maps of the entire site and all areas within 500 feet of the site, drawn at a scale of one (1) inch to one hundred (100) feet : a. Map A - Existing conditions to include: i. contour lines at two (2) foot intervals; ii. existing vegetation; iii. existing drainage and permanent water areas; iv. existing structures; v. existing wells; and vi. cross-sectional views from each direction; b. Map B - Proposed operations to include: i . structures to be erected; ii. location of sites to be mined showing the maximum depth of proposed excavation; iii. location of tailings deposits showing - maximum height of deposits; iv. location of machinery to be used in the mining operation; v. location of storage of mined materials, showing height of storage deposits; vi . location of parking facilities; vii . location of storage of explosives; 168 viii .erosion and sediment control structures; ix. location of proposed wells, and the depth to the water table; x. location of proposed washing operations; xi . a mining. -quantities table showing the quantity and type of materials expected to be mined in each phase and each year; and xii . cross-sectional views of the site during each phase from each direction; c. Map C - End use plan to include : i . final,: grade of proposed site showing elevations and contour lines at two (2) foot: intervals; ii. location. and species of vegetation to be replanted; iii. location and nature of any structures to be erected in relation to the :lend use plan;= and iv. . cross-sectional views of the site after final grading; 4 . shall provide the- City with a full and adequate description of all phases of the proposed operation to include an "estimate of duration of the mining operation; - 5 . shall provide a dust control plan detailing the methods proposed for controlling dust, application rates and time frames, and volumes of water to be used; 6 . shall pave or gravel all roads which are within 450 feet of any other zone to minimize dust conditions; 7 . shall provide_ a noise control plan showing all occupied structures within 1000 feet of the mining site, existing_-noise contours in 5 Db intervals, and noise contours .anticipated during operations for each phase; 8 . shall provide a vibra_ion control plan; 169 • 9 . shall provide a landscape plan prepared by or under the supervision cf a landscape architect showing material types, common and botanical names, sizes, number, and location of proposed plantings; 10 . shall provide lighting and signage plans showing the type, height, and location of all exterior lighting and signs; 11 . shall provide a stormwater management plan showing the stormwater contour lines and drainage patterns prior to, durinc, and after mining, stormwater runoff calculations, and indicating that the Minnesota Pollution Control Agency' s Best Management Practices shall be followed; 12 . shall provide a traffic analysis prepared by a professional engineer showing the following: a. existing traffic volumes on affected streets; b. anticipated traffic volumes on affected streets; -- c. anticipated trip generation for each phase or operations change; d. morning and afternoon peak hour traffic volumes at all driveways into the site; e. recommended traffic improvements both on and off the site; and f. recommended traffic management actions;-_ including truck routing; 13 . shall complete an environmental assessment worksheet; 14 . if adjacent to a residential zone or within 300 feet of two (2) or more residential structures, shall be bound by the following standards : a. where water collects to a depth of one and one-half (1/2) feet or more, for at least one (1) month, and occupies an area of 700 square feet or more, all access to such water shall be barred by a fence or other barrier at least four (4) fee: in height ; and b. where slopes occur that are steeper than one (1) foot vertical to three (3) feet horizontal, for a period of one (1) month or more, all access to such slopes shall be barred by a fence or other barrier at least four (4) feet in height ; 15 . shall screen the mining site from adjacent residential or business uses . The mining site also shall be screened from any street within 500 feet . The screening shall be a minimum of eight (8) feet in height, and planted with a fast growing species . Existing trees and ground cover along street frontage shall be preserved, maintained, and supplemented for the depth of the street yard setback, except where traffic safety requires cutting and trimming; 16 . shall cut or trim weeds and any other unsightly or noxious vegetation as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property; 17 . shall . -not interfere with surface water drainage beyond .the boundaries of the mining operatipn. The mining operation shall not adversely affect the quality of surface or subsurface water resources . Surface water originating outside and passing through the mining site shall, at its point of departure from the mining site, be of equal quality , to or better quality than the water at the point where it enters the mining site . The mining operator _ shall perform any water treatment necessary to comply with this provision; 18 . shall conduct all operations between the hours of 7 : 00 a.m. and 7 : 00 p.m. Shorter hours may be established in the conditional use permit; 19 . -for a gravel mine, shall have a maximum area without ground cover or being mined at one time not to exceed twenty (20) acres; and 20 . immediately. after operations have ceased, shall be restored in compliance with the following: a. within a period of three (3) months after the termination of a mining operation, or within three (3) months after abandonment of such operation for a period of six months, all mining structures shall be dismantled and removed by, and at the expense of, the mining operator last operating such structures; 171 b. the peaks and depressions of the area shall be graded and backfilled to a surface which will result in gently rolling topography in substantial conformity to the land area immediately surrounding the mining site, and which will minimize erosion due to rainfall . No finished slope shall exceed eighteen percent (18%) in grade; and c. restored areas shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding the mining site, and to a depth of at least six (6) inches, or a greater depth if recommended by the Scott County Soil and Water Conservation District . Such required topsoil shall be planted with legumes and grasses . Trees and shrubs also may be planted, but not as a substitute for legumes and grasses . Such planting shall .be done -in conformity with Minnesota Pollution Control Agency' s Best Management Practices to adequately retard soil erosion. Excavations . completed to a water producing depth need not be backfilled if the water depth is at least ten- (10) feet, and if banks shall be sloped to a water line at a slope no . greater .. ..than three (3) feet horizontal to one _ (1) _.foot ._vertical . The finished grade- shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been-conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed . to occupy the site after mining operations cease. T. recycling or composting facilities : - 1 . shall conduct all operations either within a building or at least 500 feet from any residential or business zone; 2 . shall not collect more material on site than can be processed within a 60-day period; and 3 . shall promptly remove from the site all material which has been processed. U. relocated structures : 172 • 1 . shall have a moving permit from the City under City Code Sec . 4 . 08 ; 2 . prier to moving, shall have given cash, cashier' s check, or letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official' s estimate of the cost to bring the structure into compliance with the Building Code; 3 . shall meet all requirements of the Building Code within six months after moving; and 4 . if the structure is not in full compliance with the Building Code after six months after moving, the City, in its sole discretion, may drawn on the !1 financial guarantee and take whatever steps it 1 ` , deems necessary to bring the relocated structure into compliance with the Building Code . In the �� event the City draws on the financial guarantee, ], t`cr 10% of the total guarantee shall be paid to the City as its administrative fee. V. residences for securitypersonnel : — _. 1. shall not exceed one dwelling per principal use 2 . shall be used only by a resident security -guard .and the guard' s family, and shall not be available for rent to the public; and 3 . may not exceed 1,0-00 square feet of living space. W. restaurants, class I or class II, contained within._.a principal structure and oriented toward serving employees or those working in the immediate area: 1 . shall not exceed 15 percent of the gross floor area or 3 , 000 square feet, whichever is less; 2 . shall not increase traffic congestion on streets . X. re:ail sales of products manufactured, fabricated, assembled, or stored on site : 1 . shall sell products only within the principal structure; 2 . shall limi: the area devoted to display and sale of the products to no more than 15 percent of the 173 principal structure or 2000 square feet within the principal structure, whichever is less ; 3 . shall not require or result in exterior building modifications; 4 . shall have no outside storage or display or accessory structures; and 5 . shall submit a sign plan. Y. self-storage facilities : 1 . shall not allow maintenance of any vehicles on site, except within a building; 2 . shall have a security system adequate to limit access to persons -renting a storage site; and 3 . shall screen all storage. Z. structures over the specified height : 1 . shall submit a map showing shading patterns created by the over height structure; and 2 . shall - be set back Thfrom each' property line a distance equal to half the structure height . AA. vehicle repair: 1 . shall not store any vehicles which are unlicensed or inoperative for more than seven days; 2 . shall screen all storage areas; and 3 . shall not be located --on a lot or parcel of land within 200 feet _cf any residential zone . .?4 SEC. 11 . 89 . VARIANCES . Subd. 1 . Variance Jurisdiction. The Board of Adjustment and Appeals shall have jurisdiction over any variance which is not closely related to a land use application requiring consideration by the Planning Commission and City Council . Any variance which is closely related to such a land use application shalt be under the jurisdiction of the Planning Commission and City Council . Subd. 2 . Criteria for Grantinc Variances . A variance from the literal provisions of this Chapter may be granted where the following circumstances are found to exist : A. The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1. the property in question cannot be put to. ' a reasonable use if used under conditions allowed by the official ,controls; 2 . the plight of the landowner is due to circumstances 9 unique to the property; \ ~. 3 . the circumstances were not created Eby- _:the ri0, 1\1, - landowner; r r.. "'1\ 7"--): 4. the variance, if granted, will rot- .alter the essential character of the locality; and 5 . the problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. B. It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. C. The request is not for a use variance . D. Conditions to be imposed by the Board of Adjustment -and Appeals will insure compliance and tc protect the adjacent properties . E. Variances in the floodplain overlay zone also shall meet the following criteria : 1 . No variance shall have :he effect of allowing a lower degree of flood protection than the 1 7 3 EXHIBIT C 7-I-_--- < ,' 7 , :.2...,......_, b 1 :('------ -- at ) p i.,..‘ ri Urn ,,,'.---.- ,... .. , 1 ii \ , , -..„., ----..... 4 C.AtilVildir . i i AVE, 1 - 74,04 • 1211. 'Nce, - At411, I , j pf.,0,‘ z-•.,...... 40-:-. 81 - ! . tor •i 7•11riorni-Q, . , . .41•••• -r----1,----- --- ......00061. vw.--- i 1 IP. . ________,.......................0""_.---_ _--------177- z: i• - -__ . 8 1 1 ---- --- I i › - . 4, . _ RP IIII, _ .................„..- "":„::::::::::::::::::::*:t::i.x:K: . • 11111111099.1inanion .,:;:i!I 3 . _ mar / - I.* . . Alf FISCHmTER, I Aim R -: ! A16 H .........at AG. Minx, ....v •::mi:E:::::.„.. , ........,.........::::-....,,..:K.1 ,444,. ::. r .-•••••• :;P:1:::§:i , .:,..., • , ..... ........... / ,",,:,,,... 16 - 11......... 1 °Olgr AG r -I./ A ,..,.. ;---i AG AGRiCULTURE IE i L----J RR RURAL RESIDE.:NTLAL :=2 RIA LOA DENSITY RESIDENT.A_ :! AG • 1 R I B URBAN RESIDENTIAL i 1 RIC OLD SHAKOPEE RESIDENT= _ i I R2 MEDIUM DENS•7Y RESID=NT r I R3 MULTIPLE FAMILY RESIDENT =_ 1 RR I 1 I 1 81 HIGHWAY BUSINESS 1 i ... . I 1 82 OFFICE BUSINESS I 1 83 CENTRAL BUSINESS • I 1 11 LIGHT INDUSTRIAL 1 1 12 HEAVY INDUSTR:AL 1 I MR MAJOR RECREA70N E.L7 S SHOREL,-^, ,ID F FLOODRLAIN D:STRICT SCALE: 1" = 2,000' • Zoning Map u ; ty of SHAKOPEE ID � Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Date: July 7, 1995 Re: Amendment to the Zoning Map: Agricultural(AG)to Rural Residential(RR) Introduction Larry Schlasinger and Eugene Chessen are requesting that the City amend the Official Zoning Map to rezone a 26.1 acre site from Agricultural(AG)to Rural Residential(RR).. A copy of the July 6, 1995, Planning Commission staff memo has been attached for your reference. Discussion The Chaska Interceptor Agreement was adopted by the City Council on January 18, 1994. This agreement required that the City adopt a density standard of 64 dwellings per 640 acres for all areas where the number of existing dwelling units, the number of developable lots shown in preliminary or final plats as of the date of the agreement, and the number of unsubdivided parcels, exceeded the 1 unit per 10 acre density computed on the basis of 640 acre parcels. In response to this requirement, staff calculated the section densities for the Rural Service Areas within the City, and found that this provision applied to seven Sections within the City, including Section 30 which contains the subject site. It was determined that as of 1990, this section had already exceeded the density standard of 1 dwelling unit per ten acres, and was at 1.4 dwelling units per ten acres. Alternatives 1. Do not approve the rezoning request, stating the reasons for denial. 2. Approve the rezoning request. 3. Table the decision, and request additional information from the applicant and/or staff Planning Commission Recommendation At their meeting on July 6, 1995, the Shakopee Planning Commission recommended the denial of the request (Alternative No. 1) to rezone the site from Agricultural (AG) to Rural Residential (RR), because it would be in conflict with the Comprehensive Plan, the Chaska Interceptor Agreement, and the Metropolitan Council's rural density policy. Action Requested Offer a motion to direct staff to prepare the appropriate ordinance to rezone the site from Agricultural (AG)to Rural Residential (RR), and move its approval. Note: If the City Council concurs with the recommendation of the Planning Commission, the City Council should vote against the motion. {J:\PLAN\CC\1995\CC0725\REZSCHLA.725} 1 Applicant: Larry Schlasinger Memo To: Shakopee Planning Commission I] From: Terrie A. Thurmer, Assistant City Planner ' Meeting Date: July 6, 1995 Re: Amendment to the Zoning Map: Agricultural (AG)to Rural Residential(R-1) Site Information Applicant Larry Schlasinger Location East of O'Dowd Lake, West of CR 17, and North of CSAH 14 Current Zoning Agricultural (AG) with a Shoreland Overlay Comp. Plan Designation 1980-Rural Residential/Shoreland Draft 1995 -Future Urban Area Municipal Utilities Site is not served by municipal utilities. Adjacent Zoning Zone Title North AG/RR/S Agricultural/Rural Residential with a Shoreland Overlay South AG/RR Agricultural/Rural Residential East AG/RR Agricultural/Rural Residential West RR/S Rural Residential with a Shoreland Overlay Case History The subject site was annexed from Eagle Creek Township into the City of Shakopee in 1972. It was zoned Agricultural (AG) at that time. It was rezoned to Rural Residential / Shoreland in 1979, and it remained as such until the City rezoned the site back to Agricultural (with a Shoreland Overlay) in the fall of 1994. This rezoning was initiated by the City to implement the provisions of the new zoning ordinance. Introduction The applicant is requesting that the City amend the Official Zoning Map to rezone the site from Agricultural (AG) to Rural Residential (RR). Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Cover Letter; Exhibit C,Map showing the existing and the proposed zoning; Exhibit D, survey provided by the applicant; Exhibit E, Sec. 11.22, Agricultural Preservation Zone; and Sec. 11.24, Rural Residential Zone. Background On June 7,1994, the City Council adopted Ordinance No. 377 which approved the new zoning ordinance text. The old ordinance was seriously out of date with the current development trends. In order to make the provisions of the new zoning ordinance effective, a new zoning map for the entire City was needed. The majority of the City has been rezoned to the new zones, and the revised zoning regulations are being applied to these areas. (The subject site was rezoned from Rural Residential (RR) to Agricultural (AG) with Phase II of the remapping in November of 1994.) In an effort to implement 1 the Metropolitan Council's rural density policy of 64 dwellings per 640 acres (one section), the Shakopee City Council adopted an interim ordinance on January 18, 1994. This interim ordinance limited land divisions in the rural service area within Shakopee to no less than ten acres in size. The interim ordinance expired on January 18, 1995, so the adoption of the new zoning map for these areas was necessary prior to this expiration date. The adoption of the portion of the zoning map containing the subject site satisfied one of the Metropolitan Council's principal concerns with the City. To rezone the rural service areas of the City, staff put all platted parcels into the Rural Residential Zone, and all remaining parcels were placed into the Agricultural District. The Planning Commission reviewed this proposal at their November 9, 1994, meeting and recommended the approval of the rezoning to the City Council. The City Council adopted Ordinance No. 389,An Ordinance Amending the City Code by Adopting the Zoning Map for Most of the City, on November 15, 1994. This Ordinance included the rezoning of the subject site. Considerations 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial and residential 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. Exhibits E and F provide a list of the uses, both permitted and conditional, that are allowed in the Agricultural (AG) and Urban Residential (R-2)Zoning Districts. 2. The Transportation Section of the draft 1990 Comprehensive Plan has designated both CR 17 and CSAH 14 as Minor Arterials. This roadway classification provides traffic movement with limited direct access. A Minor Arterial within the rural area has the capacity to carry 1,000 to 10,000 vehicles per day. 3. The Land Use Chapter of the 1980 Comprehensive Plan has designated this area for Rural Residential Development. However, the Land Use Chapter of the draft 1995 Comprehensive Plan has designated the site, as well as the surrounding area, as a Future Urban Area. The Rural Residential land use designation was eliminated from the draft 1995 Comprehensive Plan due to the Metropolitan Council's rural density policy of 64 dwellings per 640 acres, and the problems related to providing City services to areas which have been allowed to have uncontrolled rural residential growth. 4. The Metropolitan Council/MWCC Chaska Interceptor Sewer Agreement was adopted by the City Council on January 18, 1994. It required that the City adopt a density standard of 64 dwellings per 640 acres for all areas where the number of existing dwelling units, the number of developable lots shown in preliminary or final plats as of the date of the agreement, and the number of unsubdivided parcels, exceeded the one (1) unit per ten (10) acre density computed on the basis of 640 acre parcels (sixty-four (64) units per six hundred and forty (640) acres). This provision applies to Sections 9, 13, 18, 19, 24, 30, and 32 within the City. 2 This change in policy is also reflected in the type of development planned for this area, and the City's concern for controlled, efficient development of the land. For example, the subject site contains 26.1 acres. The density requirement within the Rural Residential Zone is one dwelling per 10 acres. If the site were rezoned for Rural Residential development, as proposed by the applicant, the site could be platted into 2 residential lots. (Two (2) lots/26.1 acres=a density of.07 lots per acre.) However, if this site was not rezoned, and it was not developed until such time that City services could be provided, the site could be platted into 65 residential lots. (2.5 lots per acre/ 26.1 acres=65.25 lots.) Criteria#3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding#3 Significant changes in development patterns have not occurred. Criteria#4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 The Chapter of the draft 1995 Comprehensive Plan which discusses Sanitary Sewers (Volume II: Sanitary Sewers, 1.1.a) states that, "The ease of extending sanitary sewer service and capacity constraints shall be significant considerations for the planning offuture land uses and Zoning in undeveloped areas". Uncontrolled growth on the border of urbanized areas results in difficulty in serving the properties with sanitary and storm sewers, roads, parks, schools, and fire protection. There are also environmental concerns regarding failing sanitary sewer systems. The rezoning of this parcel from Agricultural to Rural Residential would be in conflict with the Comprehensive Plan's growth management program, as well as the Metropolitan Council's rural density policy . Alternatives 1. Recommend to the City Council the denial of the request to rezone the site from Agricultural (AG)to Rural Residential (RR). 2. Recommend to the City Council that the site be rezoned from Agricultural (AG) to Rural Residential (RR). 3. Continue the public hearing to allow the applicant and/or staff to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. 4 5. The subject site is located within Section 30, Range 22, Township 115. In response to this requirement in the Metropolitan Council/MWCC Chaska Interceptor Sewer Agreement, City staff calculated the section densities for the Rural Service Areas within the City. It was determined that as of 1990, this section had already exceeded the density standard of 1 dwelling unit per ten acres, and was at 1.4 dwelling units per ten acres. 6. In an effort to implement the Metropolitan Council's rural density policy of one dwelling per ten acres, the City initiated the rezoning process for the rural service areas of the City. Staff proposed that all platted parcels be placed into the Rural Residential Zone with a minimum lot size of ten (10) acres (instead of the 2.5 minimum lot size that had been required with the previous Zoning Ordinance). All remaining parcels were placed into the Agricultural Zone. The City Council approved the rezoning of the subject site from Rural Residential to Agricultural with the adoption of Ordinance No. 389, An Ordinance Amending the City Code by Adopting the Zoning Map for Most of the City, on November 15, 1994. Findings Section 11.83, Subd. 2 of the Shakopee City Code states that the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists: Criteria#1 The original zoning ordinance was in error. Finding#1 The current zoning designation for the subject site is not in error. The intent of the rezoning from Rural Residential to Agricultural in 1994 was to implement the Metropolitan Council's rural density policy. The draft 1995 Comprehensive Plan eliminated the Rural Residential land use designation that had been approved with the 1980 Comprehensive Plan, and the majority of these areas are designated as "Future Urban Area". In addition, the City has adopted an ultimate sewer plan to serve both the City and the future annexation areas currently located within Louisville Township. Rural developments eventually have to be serviced by City services (sanitary and storm sewer, police and fire services, transportation services, and schools) and the City should encourage growth that can eventually be served. Ten acre lots are not easily served with City services. Criteria#2 Significant changes in community goals and policies have taken place. Finding#2 Significant changes in community goals and policies have taken place. In response to changes in regional goals and policies, the City of Shakopee changed its rural residential policies, as evidenced by the adoption of the Metropolitan Council/MWCC Chaska Interceptor Sewer Agreement. The 1995 draft Comprehensive Plan is consistent with the Metropolitan Council / MWCC Chaska Interceptor Sewer Agreement. 3 Action Requested Offer a motion to recommend to the City Council the denial of the request to rezone the site from Agricultural (AG)to Rural Residential(RR), and move its approval. {J:\PLAN\PC-BOAR\1995\PC0706REZSC HLAJUL} - +Y 5 EXHIBIT A AG RR `f ' I I . G RR AG • RR.loll-. t l- RR -. lial AG ,.. • 11 .. O'DG�,ID ..,/ . co, J RR AGct RR t _ _.. - -.,. _.- . _ ", .. . ..CT-AKE a�• .• i 4 SAF .,,„.„,;„,,,,„,„,„:.:,::,,„:„,„,..,.,„,„ ` . _-_'-(-7-7- - 4 } s' ill - AG t _. ,/' i r c �N 't° • t I AG r,G: `^` R U_ LR. i ,)i. iLili • RR RURAL RES.D=^ -.A_ i �� '=l R1A LOW DENSITY RESID=^.T,-•_ ILA . I Ri B URBAN RESIDENTIAL E 4 i I RIC OLD SHAKOPEE R_SID=NT. 1 f I R2 MEDIUM DEN TY RE f 1 R3 MULTIPLE FAMILY RESIDENT,.-.L pp 0: g 4 l I 81 HIGHWAY BUSINESS 4 FT 82 OFFICE BUSINESS / e 83 CENTRAL BUSINESS RR AG i 4 Li • (-1 II LIGHT INDUSTRAL = 12 HEAVY INDUSTR„AL coos 4 n 1 I MR M. JOR RECRE.ATiOi ~ Q• I I S SHORELAN'D I = r FLOODPL1\;N DISTRICT • T-, Zoning Map ( : ; tv of NAknDPP EXHIBIT B Executive Sales & Leasing Specializing in Fine Import Automobiles, Aircraft&Boats 14380 TOWNLINE AVE. SHAKOPEE, MN 55379 (612) 496-0751 12-6-95 Shakopee City Council Shakopee , Minnesota 55379 Dear Council , I would like to propose the re-zoning of my parcel of land in Shakopee , bordering Lake O ' Dowd . When I initially purchased this property it was zoned rural residential and I expected it to stay zoned the same or perhaps for more serious development . It was , however , rezoned to ag without my knowledge and was also eliminated from furthur development by the moratorium . As I 'm sure you know, this action has caused serious financial problems among the people like myself that thought we would wait for the completion of the bypass before we developed our property. I would like to see this property rezoned to residential and think the rezoning fee should certainly be waived in these circumstances . I would be willing to accept the approval of two 10 acre+ parcels in this situatuon , bbut would like it known that I feel that every land owner should have had the right to execute a PUD in a grace period before the moratorium . Si -ce i , ip.. ifroo, Lar �� chlasincer EXHIBIT C KKKK s 1 T` lli PROPOSED ZONING —s AG ihoIle AG � !A___ Jar CI:I. jr Vif.. . . AG • • RR RR Y .'(; LAKE AG 111L.H.:.,-- 4 . • .- - - -RR.-- - •-... .- ., RR '• #4,- . . AG 116` -. . . . a. AG ' . /6 . %s6 ) . ... ' - . 111'.z Its ci4lic • PP - .. o�e� .— --.1 en _ i""""" RR" G 11______ RR •1 �` 1. : EXISTING ZONING —� AG lZhoul AG J o'DaWDQ) i • , [•- R R AG `P - . RR Y ' .(; LAKE 4--.--.. AG 4 4' 'RR . ._ RR 014, , Abh` . .. . .. .• • 4F- AG '. AG \,-... • --— t• • --- 1••••,i - I . 1•"i S — •'0. • X , • + hfTl I o �l . V ".Z 0 N e e• 1. • •••-.1 i N I :1 .i •,'•7f/ 11 •'t ii • . •I* IIII •ei t1 Ye •(ij A l V .1 . • •1 .• 61 1 4 d .q s %tt.. _ �U ..1 s•• • . ....�. l •••es•N.• I_ .1 +. 4:1) '� el-SL%-- • •.he'll- = Z ;; 3aS.fI,i' 9�1i.L7.11+ ; . • • .•/ ,1 • ;t 1. • • O• • 1 0 . 1 A.l tl 1y' i•r r 1, •. IS I 4 •' %- a, , "\ •.' c• : . •7 r( .....i::/: (. ,. . ••. / 1 , • r .. �, / - ' , •.•=••L S•♦ .. ..... - � 1 1.:,.!,1 W • • 1 1 131 }r' /7 - ' •• . ,1 -i I i sr. Ni a i sk A f. g99 ff Y t •L ^ ; + e I s - ' g S ( 3 x l I S6 1 5 } L g t 4 I 0 : A E a : R S yj Y. r g - - . 1 # # a ! ill € 3 i 3 3 f + 3 : 7 ; 1 311 : 3 ; 11 71 1 Y i 3 -, ' - - - - t 3 V v ! 5 1 3 3 ZONING TEXT ADOPTED JUNL 7 , 1999EXHIBIT E SEC. 11 . 22 . AGRICULTURAL PRESERVATION ZONE (AG) . Subd. 1 . Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2 . Permitted Uses . Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses : A. agricultural uses; • B. single family detached dwellings; C. forestry and nursery uses; • D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons . Ibid. 3 . Conditional Uses . Within the agricultural preservation ane, no structure or land shall be used for the following uses :cept by conditional use permit : A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; 21 E. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the •production of agricultural crops, including research aimed at developing plant varieties . This term specifically excludes research regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels . A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; I . public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor; K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot; or R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . d. 4 . Permitted Accessory Uses . Within the agricultural servation zone the following uses shall be permitted accessory .s : A. machinery and structures necessary to the conduct of agricultural operations; B . garages; C . fences; 22 . D. recreational equipment ; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; I . receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards . Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one dwelling per 40 acres . B. Lot specifications : Minimum lot width: 1000 feet . Minimum lot depth: 1000 feet . Minimum front yard setback: 100 feet . Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet . C. Maximum height : 2-1/2 stories or 35 feet . Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit . 3ubd. 6 . Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. C. 11 .23 . Reserved. 23 . '"ENING TEXT ADOPTED JUNE 7 , 994 EXHIBIT SEC . 11 . 24 . RURAL RESIDENTIAL ZONE (RR) . Subd. 1 . Purpose . The purpose of the rural residential zone is to allow low-density residential development in areas which are not served by municipal urban services . Subd. 2 . Permitted Uses . Within the rural residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. agricultural uses; C. forestry and nursery uses; D. utility services; E. public recreation; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses . Within the rural residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; C. cemeteries; D. commercial recreation, minor; E. seasonal produce stands when the principal use of the property is agricultural; F. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12 , or any portion thereof; G. riding academies; H. utility service structures ; 24 I . day care facilities serving 13 through 16 persons; J'. residential facilities serving from 7 through 16 persons ; K. wind energy conversion systems or windmills ; L. relocated structures; M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or O. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the rural residential zone, the following uses shall be permitted accessory uses : A. garages ; B. fences; C. gardening and other horticultural uses not involving retail sales; D. one lodging room per single family dwelling; E. recreational equipment; F. machinery and structures necessary to the conduct of agricultural operations; G. stables with not more than two horses per 2-1/2 acre; H. swimming pools; I . solar equipment; J. receive only satellite dish antennas and other antenna devices; K. tennis courts; or L . other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards . Within the rural residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : 25 A. Density: one dwellinc per 10 acres . B. Maximum impervious surface percentage : 300 C. Lot specifications : Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet . Minimum side yard setback: 20 feet . Minimum rear yard setback: 40 feet . Setback for accessory machinery and buildings necessary to the conduct of agricultural operations : 100 feet from all lot lines . D. Maximum height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height without a conditional use permit . 3ubd. 6 . Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. ;EC. 11.25 . Reserved. 26 _ - a r r f ? OG `- C - A r '( 7 Qp r II c C t C C G C f Q .= f.' T O Wp C ' • •" - C. r r f c C 6 f: :...7. •l C ._••C. ti c: n c: r. 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Memo To: Dennis Kraft, City Administrator From: Nancy J. Emerson, Planning Intern Meeting Date: July 12, 1995 Re: Final Plat for Orchard Park First Addition INTRODUCTION: Laurent Builders, Inc., has submitted an Application for Approval of the Final Plat for Orchard Park. The proposed subdivision is located east of the CR 77 and south of Vierling Drive. The proposed plat covers 31.9 acres. DISCUSSION: The Preliminary Plat for Orchard Park was approved by City Council on October 4, 1994. This final plat appears to be in substantial conformance with the approved preliminary plat. A bicycle/pedestrian traffic path along CR 77 is a requirement from the preliminary plat. However, preliminary indications were that the design of the CR 77 overpass would not provide for bicycle/pedestrian traffic crossing the Bypass at this location, nor was a crossing identified on the City's sidewalk/trail plan. Dead end sidewalks/trails to bridge overpasses are generally not considered good planning due to their tendency to encourage dangerous crossings of bridges that can result in tragic results. Planning staff discovered this error in the Sidewalk/Trail plan and brought it to the attention of the Planning Commission. In the interest of safety, the Planning Commission recommended that the requirement to construct a sidewalk or trail along CR 77 be removed. Subsequent to the Planning Commission's recommendation, additional research has occurred at the staff level and it has been discovered that there is an 8 foot shoulder on the bridge that could be used to construct a sidewalk or trail across the bridge. The City Council might prefer to leave the development requirement in place and direct staff to amend the sidewalk/trail plan to show a bridge crossing at CR 77 that would likely need to be constructed at City expense. The current trail plan has only one crossing of the Bypass between Hwy 169 and Marschall Road (at CR 79). This has been a staff generated issue. The developer has expressed a willingness to comply with either alternative. ALTERNATIVES: 1. Approve the Final Plat for Orchard Park First Addition, subject to conditions with no sidewalk or trail requirement along CR 77 as recommended by the Planning Commission. 2. Approve the Final Plat for Orchard Park First Addition, subject to conditions with a sidewalk or trail requirement along CR 77 and direct staff to modify the sidewalk/trail plan to show a crossing at the CR 77 bridge. 3. Deny the request for approval of the Final Plat for Orchard Park First Addition. 4. Table the decision for further information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission Alternative No. 1, that the Final Plat for Orchard Park First Addition be approved with the removal of condition#8 in the resolution which stated that "Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77." ACTION REQUESTED: Offer Resolution No. 4253, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Orchard Park First Addition, removing condition#8, and move its adoption. RESOLUTION NO. 4253 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVLNNG THE FINAL PLAT FOR ORCHARD PARK FIRST ADDITION WHEREAS,Laurent Builders, Inc. in the owner of said property; and WHEREAS,the property upon which the request is being made is legally described as follows: That part of the Southwest Quarter of the Southeast Quarter of Section 12, Township 115, Range 23 lying easterly and northerly of the following described line; Commencing at.the Northwest corner of said Southwest Quarter of the Southeast Quarter; thence South 84 degrees 26 minutes 44 seconds East, assumed bearing, along the north line of said Southwest Quarter of the Southeast Quarter a distance of 50.29 feet to the right-of-way line of Parcel 51 A, Minnesota Department of Transportation Right Of Way Plat No. 70-20, and the point of beginning of the line to be described; thence South 00 degrees 34 minutes 55 seconds West, along said right-of-way line, a distance of 826.75 feet;thence South 09 degrees 06 minutes 44 seconds East a distance of 202.24 feet; thence South 57 degrees 38 minutes 18 seconds East a distance of 168.43 feet; thence North 89 degrees 48 minutes 51 seconds East a distance of 500.00 feet; thence North 65 degrees 35 minutes 12 seconds East a distance of 219.32 feet; thence North 89 degrees 48 minutes 51 seconds East a distance of 401.67 feet; thence North 89 degrees 45 minutes 34 seconds East a distance of 16.29 feet to a point on the east line of said Southwest Quarter of the Southeast Quarter and there terminating; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Orchard Park in July 6, 1995 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 for Orchard Park, described on Exhibit B, is hereby approved, subject to the following conditions: 1. Approval of title opinion be 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 shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Installation of sanitary sewer and storm sewer system shall be in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. 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. f 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. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The park dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. Prior to approval of the final plat, final construction plans for all public improvements, the stormwater management plans, and the grading and erosion control plan must be submitted and approved by the City Engineer. i. The developer shall be responsible for grading of the plat as shown in the final drainage plan. j. The developer shall be responsible for the installation of a berm or other improvements as identified by MNDOT and required by ordinance, to mitigate noise impacts from the new Bypass highway. 3. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 4. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 5. The developer shall submit a revised final plat drawing, prior to recording, with the following revisions and additions: a. The extension of Appleblossom Lane to the edge of the subdivision. b. Re-numbering of lots in a clear and consecutive manner c. Dedication easement for Pond A d. Grading Plan for Engineering review e. Inclusion of pond in Phase 1 6. Temporary access has been given from County Road 77. Permanent access rights shall be limited by dedicating to the City the access rights in an access agreement. 7. No Building Permits shall be approved for any lots within the plat that are not served by adequate sanitary sewer services. 8. Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Th I CO MEMO TO: Shakopee Planning Commission FROM: Nancy J. Emerson, Planning Intern RE: Final Plat for Orchard Park DATE: June 29, 1995 INTRODUCTION: Mr. Gary Laurent of Laurent Builders, Inc. has submitted an Application for Approval of the Final Plat for Orchard Park. The proposed subdivision is located east of the CR 77 and south of Vierling Drive. Phase one would contain 23 single family lots and 10 lots developable with 2 family homes. The proposed plat covers 31.9 acres. BACKGROUND: The preliminary plat for Orchard Park was approved by City Council on October 4, 1994. This final plat appears to be in substantial conformance with the approved preliminary plat. The development abuts the proposed Shakopee southern Bypass. Therefore, the developer is required to take the steps necessary to mitigate noise impacts from the proposed residences. CONSIDERATIONS: 1. The Final Plat shows Appleblossom Lane ending before it reaches the property line. Appleblossom Lane must be extended to the property line as shown in the Preliminary Plat. The extension will need to be brought into conformance with City Code Sec. 12.07 Subd. 1.A.1 before the recording of the Final Plat. 2. Several errors were found in the numbering of blocks and lots. This should be corrected prior to the recording of the Final Plat. 3. Pond A must show a dedicated on the Final Plat prior to recording. 4. The grading plan must be approved by the Engineering Department for approval prior to the recording of the Final Plat. 5. A bicycle/pedestrian traffic path along CR 77 is a requirement from the preliminary plat. However, the design of the CR 77 overpass has now been given to the City and does not provide for bicycle/pedestrian traffic crossing the Bypass. Dead end sidewalks/trails to bridge overpasses are generally not considered good planning due to their tendency to encourage dangerous crossings of bridges that can result in tragic results. The subdivision will still have access to the City's trail system on Fuller Street or the Upper Valley drainageway(Exhibit E). More information will be provided on the table at the Planning Commission meeting about this issue. 6. Pond A is currently shown under Phase 2. The pond must be completed in the first phase of development. Pond A must be added to phase one prior to the recording of the Final Plat. 7. The applicant is currently working with MNDOT for a berm permit. They were recently denied a permit because of a potential interference with the State Project for construction of a new bridge at CR 77 and the new TH 101 alignment. The general concept of the developer's plans are agreeable to MNDOT. However, they can re-apply in the late fall of 1996(Exhibit D). 8. Temporary access from CR 77 has been given until Vierling Drive is accessible. No permanent access to CR 77 is allowed. ALTERNATIVES: 1. Recommend that the City Council approve the Final Plat for Orchard Park, subject to conditions with a trail requirement along CR 77. 2. Recommend that the City Council approve the Final Plat for Orchard Park, subject to conditions with no trail requirement along CR 77. 3. Recommend that the City Council deny the request for approval of the Final Plat for Orchard Park. 4. Continue the public hearing to allow time for the applicant to design the proposed plat in accordance with the direction provided by the Planning Commission. STAFF RECOMMENDATION: Staff recommends approval of the Final Plat of Orchard Park, subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the final plat: 1. Approval of title opinion be 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 shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Installation of sanitary sewer and storm sewer system shall be in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. 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. f. 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. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The park dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. .71V. • h. Prior to approval of the final plat, final construction plans for all public improvements, the stormwater management plans, and the grading and erosion control plan must be submitted and approved by the City Engineer. i. The developer shall be responsible for grading of the plat as shown in the final drainage plan. 3. The developer shall install necessary improvements along the southern edge of the plat, abutting the bypass as required by the ordinance, based upon the information regarding noise impacts from MN DOT. 4. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 5. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 6. The following revisions and additions shall be made to the final plat drawing: a. Extension of Appleblossom Lane to the property line. b. Re-numbering of lots in a clearer manner c. Dedication easement for Pond A d. Grading Plan for Engineering review e. Indication of Pond in Phase 1 7. Temporary access has been given from County Road 77. Agreement that no permanent access may be taken from County Road 77. Access rights shall be limited by dedicating to the City the access rights in an access agreement. 8. No Building Permits shall be approved for any lots within the plat that are not served by adequate sanitary sewer services. 9. Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77. ACTION REQUESTED: Offer a motion to recommend to the City Council the approval of the final plat for Orchard Park 1st Addition subject to conditions, and move its approval. ?•11;\ U EX11113it IA ! u •,` at Iu - , ' 110 01► gi -- 0 'Mo t' i-, 3101 0 Ilgit � �� JP — . tiJ -----10 ,- =7- ' R 2 j �% %1 a 0%%; Ort lilt �� ' 1 ii 1='m" H liiitl Sin Wit d0 01�� fir gig 0!000 ,l!!`0 mail Bei �.• 'k..a-. so Ilia d : t° °t Olt olid ��.- fillind • • � • .' t�+ ��1° 13 l��° g ing •!: •Illai1 ' �r tttli,t balriiiitill� u� Biu °1 011 0 to Ierasittill 0� ` ........0 sit 00 a 11 U111 mil or. mu �a tell , . ��o. 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Pir , 11 7. • ,• a e• is `I' �. •T • err 77 1 I 1 is it 1.1 ' Q;.} ' . . . g �� 11 1,-..". 4 ..____„ ,.. .n., I H V1 \ 1 1.1.1Y I ' , '‘-.. 1 4:4:,,, I. s1 { •1 !{ „• ^ �;• 3 • �1.-` I.r ' .r it p 1 1 .e' 1 n ou'��4�.� •� s<'ocu = ��-� - �01.14 _ _IIS LL avou x.t.Hnoo ►s Sy �J %$ !/ i • 111 I; g g �Zf e, t!i$t II Exhibit D • ole M.^esota Department of Transport#Thn Metropolitan Division 0-t. Waters Edge Building �% 1500 West County Road B2 rOF Roseville,Minnesota 55313 March 10, 1995 Gary D'Heilly for Lauent Builders Roger Anderson and Associates 7415 Wayzata Blvd. Suite 107 St. Louis Park, Minnesota 55426 Re: Permit MW-US-95-44 Control Section 7005 By-Pass TH 101 Right of Way Alteration Construction of Berm Dear Mr. D'Heilly: The above referenced permit for construction of a berm on MN/DOT Right Of Way is being denied. The reason is because of a potential interference with the State Project for construction of a new bridge at County Road 77 and the new TH 101 alignment (S.P.7005-70012). The state project is scheduled to be let in June of 1995 with a starting date of August, 1995. The proposed berm construction could potentially interfere with the states contractor during the construction of the bridge and cannot be allowed at this time. If upon completion of the states contract you wish to re-apply for a permit please do so. There are some hydraulic issues which must be addressed, however the general concept of your plans are agreeable to MN/DOT. The timing for this re-application would be late fall 1996 or Spring 1997. Please contact Mike Gerbensky, MN/DOT Hydraulic Engineer at 797-3053, to address the hydraulic issues with the future berm construction. If you have any questions regarding this decision by MN/DOT please contact me at 582-1443. Sincerely, William G. Warden Metro Division Regulation Office cc: Jerry Stark MN/DOT Design Supervisor Mike Gerbensky MN/DOT Hydraulic Engineer An Equal Opportunity Employer . . . 41•1111111 , ,, Exhibit E PEARSON ELEMENTARY RIVERSIDE PARK SCHOOL HUBER PARK MEMORIAL PARK, RAL ELEMENTARY SCHOOL MA VA 7714 PARK • ise 'r 3 PARK ' 41 ..... - ,..... - -..._ 'VER .ars.. imill.""'...-- - -•. -41.1..., ,. 101'''`,, 114111... -5441r IL.-111 WF 00 1111•""- , '.."144.0.0"". •',- .._..,a- .Tb--11r-<4.4='01°k - ---.._.. ''''' •--14-Iiiii•Ars.g-tt sl.:::.0'I C.111-' i. N. ........i .... ,.. ...::177.11::,.; 1. go. ,___c.,„, V: vg__..--01""•-;Ali L .... ,„. ... .,.....10,, .0,....,,,,.on.. ... .......;f0/11 4' . . . . w --- - RK ,,,,, • • Ag.imp-.!:.--..E3v2,:.,.; )04.191?-;1-11•-•- ;;rd. . A ',... Aw-- II ;.•.!:. filifidfitsuligig-- a* ' HAUE -ARK `#'. ". --_Plii'llfiliiillifflE1111[1314_, tritir ilit7-11.M. ZirOi s: . - 11,1rflAllo ira. lurginii fir I rill Mk • •-• --.4 0 -\------ -...t.,... ___,„. .t, r Cif lit: 1 .FLti ItICV- 1 4 ri S'f-trn- 1/1"- , • 47..: 1.4.40,, pleicii(211_, ..11S6b0 SOMMINN 1 Will a _ >,_,,...._:_l_____ I _...!‘.." ' •.1 112"11111 •• 1..4•-r!'n-ArAil- Pi.ii:- .- ..7'"--. ,,,„,4, "-- —_-•-7.- .---;.--.....kir - .,:e,: _i______MU ___III;I:!-- : '''' I; . I/ •,..-_---tr_ •-.4,?-,!--a 111111,/isorm ..1%- . , . . TOT—LOT 13, K 4. t"3"c S JEJ COMMUNITY JAK / FAH P. ' ; COMMUTATY C4NTER/1 HIGH SCitOopen • g %a • ow,,„, .... „,„.w / UPPER VALLEY TRAIL -ft..... i_vekieb 111 _....- • ! — ST. FRANCIS ?.. - --' ,......... -_____ • • • .- - • • _. . .. . - , _--- ' •I - ,14. . J--- '---- - . i , - _.- ---- _- ,i-,•._ i S. . .. 'N.,,,, , • 1 --- , , .. Memo To: Shakopee Planning Commission From: Nancy J. Emerson, Planning Intern Meeting Date: July 6, 1995 Re: Final Plat for Orchard Park Alternative Recommendation BACKGROUND: A bicycle/pedestrian traffic path along CR 77 is a requirement from the preliminary plat. However, the design of the CR 77 overpass has now been given to the City and does not provide for bicycle/pedestrian traffic crossing the Bypass. Dead end sidewalks/trails to bridge overpasses are generally not considered good planning due to their tendency to encourage dangerous crossings of bridges that can result in tragic results. The subdivision will still have access to the City's trail system on Fuller Street or the Upper Valley drainageway. Staff was looking at the process for the elimination of the bicycle/pedestrian traffic path along CR 77. The Planning Commission and City Council can direct that this development be developed without a sidewalk/trail in this location in order to address concerns regarding pedestrian traffic patterns and liability for use of public right-of-way. ALTERNATIVES: 1. Recommend that the City Council approve the Final Plat for Orchard Park, subject to conditions with no trail requirement along CR 77. 2. Recommend that the City Council approve the Final Plat for Orchard Park, subject to conditions with a trail requirement along CR 77. 3. Recommend that the City Council deny the request for approval of the Final Plat for Orchard Park. 4. Continue the public hearing to allow time for the applicant to design the proposed plat in accordance with the direction provided by the Planning Commission. STAFF RECOMMENDATION: Staff recommends alternative No 1: the approval of the Final Plat for Orchard Park, subject to conditions with the removal of condition#9 which states"Sidewalks shall be constructed in accordance with City design standards along the east side of County Road 77." ACTION REQUESTED: Offer a motion to recommend to the City Council the approval of the final plat for Orchard Park 1st Addition subject to conditions with the removal of condition#9, and move its approval. 1 1 I --------'''' ,._ ii ; _I il _ --- • =._ ~ra�-._------ `- N UKI�.A. I iiiliwl• ME �F.t[r?T_FWfl Tom= , ^_—___. _. —_—..--.�.... .- _rA�l! .Y , -_ r.__..__...- -Yl�.I r r ,\ __—_•�___.--_._— _–. . • l ;'r - e i<' ' � ,_ , �' ,. . .. S .I. I ,- - 1 tq ;i �1 . r �� 111, .� 1,„.1.:44 Is 1 1r - � , ,, �1 �1.;�. �'..:.•�� L"r,� •ter- .r.+ , Jrr.r{ �.�. ,I1I1it /► _ CVI ..'A. 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()).-) RESOLUTION NO. 4253 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR ORCHARD PARK WHEREAS, Laurent Builders, Inc. in the owner of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: That part of the Southwest Quarter of the Southeast Quarter of Section 12, Township 115, Range 23 lying easterly and northerly of the following described line; Commencing at the Northwest corner of said Southwest Quarter of the Southeast Quarter; thence South 84 degrees 26 minutes 44 seconds East, assumed bearing, along the north line of said Southwest Quarter of the Southeast Quarter a distance of 50.29 feet to the right-of-way line of Parcel 51 A, Minnesota Department of Transportation Right Of Way Plat No. 70-20, and the point of beginning of the line to be described; thence South 00 degrees 34 minutes 55 seconds West, along said right-of-way line, a distance of 826.75 feet; thence South 09 degrees 06 minutes 44 seconds East a distance of 202.24 feet; thence South 57 degrees 38 minutes 18 seconds East a distance of 168.43 feet; thence North 89 degrees 48 minutes 51 seconds East a distance of 500.00 feet; thence North 65 degrees 35 minutes 12 seconds East a distance of 219.32 feet; thence North 89 degrees 48 minutes 51 seconds East a distance of 401.67 feet; thence North 89 degrees 45 minutes 34 seconds East a distance of 16.29 feet to a point on the east line of said Southwest Quarter of the Southeast Quarter and there terminating; and WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Orchard Park in July 6, 1995 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 1'HE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Final Plat for Orchard Park, described on Exhibit B, is hereby approved, subject to the following conditions: 1. Approval of 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 shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Installation of sanitary sewer and storm sewer system shall be in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. 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. f 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. g. The Park Dedication Requirement shall be a cash payment in lieu of park land. The park dedication fees shall be deferred without interest on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. h. Prior to approval of the final plat, final construction plans for all public improvements, the stormwater management plans, and the grading and erosion control plan must be submitted and approved by the City Engineer. i. The developer shall be responsible for grading of the plat as shown in the final drainage plan. 3. The developer shall install necessary improvements along the southern edge of the plat, abutting the bypass as required by the ordinance, based upon the information regarding noise impacts from MN DOT. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency for stormwater facilities. 6/ The following revisions and additions shall be made to the final plat drawing: a. Extension of Appleblossom Lane to the property line. b. Re-numbering of lots in a clearer manner c. Dedication easement for Pond A d. Grading Plan for Engineering review e. Inclusion of pond in Phase 1 i. Temporary access has been given from County Road 77. e permanent • • .- - .. - • .:. . Access rights shall be limited by dedicating to the City the access rights in an access agreement. I. No Building Permits shall be approved for any lots within the plat that are not served by adequate sanitary sewer services. a...Z/0v -6 10 7/ Sidewalks,shall be constructed in accordance with City design standards along the east side of County Road 77. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day o ,.! , 1995. iAI- Mayor oft e Vof Shakopee Attest: City Clerk Approved as to form: City Attorney neL, TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Authorize Hiring of Police Officer DATE: July 3 , 1995 INTRODUCTION: The Police Department is requesting authorization to hire a probationary police officer as soon as possible. BACKGROUND: Earlier this year, the Police Department was awarded a COPS FAST grant through the United States Department of Justice Community Policing Services Office. The grant will fund up to 75% of the cost of an officer for three years subject to a maximum of $75, 000. Funds exist in the Police Department Budget to cover this position. Since then, the Shakopee Police Civil Service Commission conducted the necessary testing, established an eligible list for the position of police officer and has certified the names of the three candidates standing highest on that list. This list will expire on June 29, 1997 . The eligible list and the certification of the top three candidates are attached to this memo. The 1994 Union Contract establishes $2 , 463/mo. as the starting wage for the position of police officer. ALTERNATIVES: 1. Authorize hiring James Englin 2 . Authorize hiring Eric Nelson 3 . Authorize hiring Deanna Fink 4 . Authorize hiring no one. RECOMMENDATION: It has always been my policy to recommend the number one candidate as established by testing unless something in a candidate's background indicates that hiring him or her would not be in the best interest of the City. In this case, James Englin has represented himself very well during all phases of testing and has exhibited qualifications which indicate that he is the most suitable candidate for employment. For this reason, I respectfully recommend alternative #1. ACTION REQUESTED: Authorize hiring of James Englin as a police officer with the Shakopee Police Department at a monthly rate of $2 , 463 subject to the satisfactory completion of pre-employment medical, physical and psychological testing and the customary 12 month probation period. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Summary of Police Officer Testing DATE: 07 13 95 The Scott County Personnel Department developed an advertisement for the position and worked with the Police Department and Personnel Decisions, Inc. , to develop an instrument through which candidates could be rated on the basis of training, education and experience. This rating is called a T&E Score. 395 applications were mailed to potential candidates. 83 of these were sent to candidates the department was able to identify 83 potential candidates who were females or people of color through recruiting efforts which took place prior to the actual start of the process. 202 applications were returned. 168 (83%) were from males. 34 (17%) were from females. Each applicant was assigned a T&E Score based on the instrument designed by Scott County Personnel. 104 were rejected on this basis. 19 of those rejected were females. 98 applicants including 14 veterans and 15 females were invited to take a written test. 22 (including 4 veterans and 3 females) were disqualified when they did not appear as scheduled for testing. continue in the testing process. The applicants who achieved the top 28 scores on the written test were invited to participate in a leaderless group discussion. This group included one veteran and six females. Five people including one veteran and one female were disqualified when they failed to appear as scheduled for testing. Six applicants including five white males of the and one white female interviewed before the Police Civil Service Commission. 97 . 02% of the male candidates and 97 . 06% of the female candidates were eliminated by the process. „4154,,, U.S. Department of Justice Ato �WWWq•':, Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Avenue, NW Washington,D.C. 20005 May 24, 1995 Dear COPS FAST Grant Recipient: In recent weeks,many of you have contacted the COPS Office to inquire as to the status of your COPS FAST grant. I write to update you on our progress. We are in the process of reviewing the community policing summary materials and the Office of the Comptroller is analyzing your submitted budget information. Should we have any questions or concerns regarding these materials,we will contact you and work with you in order to get your FAST award document and payment materials to you as soon as possible. If you have not yet submitted your COPS FAST community policing summary and budget information, I encourage you to do so by July 1, 1995 so that we may ensure that you receive your award as soon as possible. We cannot process your award without those documents. The award date for COPS FAST is March 1, 1995. This means that you may hire the officer authorized under your FAST grant and the COPS Office will reimburse allowable salary and benefits costs from the March 1, 1995 date. Please note that no reimbursement is available for salary and benefits costs paid prior to that date. Grant awards are being sent out on a weekly basis. You will receive notification about your award soon. We look forward to working with your agency throughout the life of your grant. In addition to COPS FAST,the COPS Office will have information about our Standard Hiring Program available in early June. Since your agency already received COPS FAST funding, you will not have to submit a new application for additional officers under this new program. Rather, you will be contacted this summer to determine your need for additional officers under this program. If you have any questions,please contact the Department of Justice Response Center at 1-800-421-6770. Thank you for giving the COPS Office the opportunity to serve your agency. Sincerely, seph E. Brann Director, COPS Office =.,a:,S,N,",, U.S.Department of Justice /4 ", c ) Community Oriented Policing Services(COPS) Office of the Director Washington,D.C. 20005 February 8, 1995 Chief Thomas Steininger 476 Gorman Street Shakopee,MN 55379 Dear Chief Steininger: On behalf of the Office of Community Oriented Policing Services,I am pleased to notify you that your jurisdiction has been selected to receive a COPS FAST grant award to hire 1 new and additional officer(s). As explained in the COPS FAST Fact Sheet, in two weeks you will receive a packet containing a Community Policing and Budget Summary which you must submit before you may begin accessing your grant funds. As you complete these brief documents,please keep in mind that the COPS Office will provide technical assistance in formulating both summaries, and with any other questions you have about your grant award. The Department of Justice Response Center is available to answer questions at 1-800-421-6770. The COPS Office has been delighted with the overwhelming interest in COPS FAST and the FAST Application. We received responses from over 7,000 law enforcement agencies, requesting over 18,000 officers at a cost of over$1 billion. Because of this high level of response, many jurisdictions who were selected received fewer than the total number of officers they requested. In the next fiscal year we hope to fund these unmet needs to the highest possible level, and at the present we do not expect that any additional application will be required. We will notify you further on this point when the amount of funding available in the next fiscal year has been determined. COPS FAST, along with the each of the other COPS initiatives,has been designed to simplify the task of applying for and receiving a federal grant. We are delighted to be working in partnership with you and other agencies in this effort to increase the number of law enforcement officers who are engaged in the practice of community policing. The COPS Office will continue its efforts to provide law enforcement agencies with the resources they need to better serve their community. SinAiely, IF , Xer.4,0,? i• eph E. Brann D irector, COPS Office TO: City of Shakopee Honorable Mayor and Councilmembers FROM: Shakopee Police Civil Service Commission SUBJECT: Certification - Top Three Candidates DATE: 06 29 95 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing has established an eligible register for the position of Shakopee Police Officer. The names of the top three candidates and their final scores are hereby submitted for your consideration. 1. James Englin - 88. 25 2 . Eric Nelson - 82 . 25 3 . Deanna Fink - 81.50 Si• e. , c and T. Mulcrone, Chairman Shakopee Police Civil Service Commission TO: City of Shakopee Honorable Mayor and City Council FROM: Shakopee Police Civil Service Commission SUBJECT: Eligibility Register DATE: 06 28 93 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing hereby establishes the following eligible register for the position of Shakopee Police Officer. POLICE OFFICER TEST FINAL SCORES CANDIDATE FINAL RANK James Englin 88.25 1 Eric Nelson 82 .25 2 Deanna Fink 81.50 3 Dennis Alexander 63 . 00 4 Dean Cichy 59. 00 5 Richard Grates 49.75 6 Sl • , /1//kriqvi-- 'icaard T. Mulcrone, Chairman Sha opee Police Civil Service Commission 8/b MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne. /rE DATE: July 14 , 1995 RE: New Tobacco Regulations BACKGROUND: At the Council meeting of July 11, 1995, the City Council considered a draft ordinance to adopt a new section regulating tobacco. Numerous individuals spoke regarding the need to make tobacco products less accessible to minors . Certain retailers requested permission to present alternative ordinance proposals . In order to adequately consider their proposals, the draft ordinance was tabled one week. On Friday, July 14, 1995, the Mayor and City Attorney met with representatives from two convenience stores and the Minnesota Grocers Association. Based upon that meeting, the following alternative draft language is being presented. ORDINANCE LANGUAGE ALTERNATIVES: Minor sales . The draft ordinance, in Subd. 4 .B, makes it "unlawful for any person under the age of 18 to sell, furnish, or give away any tobacco. " The retailers would like this draft language deleted. They noted that a convenience store has 50 tobacco sales for every one liquor sale, so that it is far more difficult to have an "of-age" manager sell tobacco than liquor. When a manager must make the sale, it requires customers to wait, which they do not like. As an alternative to the draft language, if any language is needed, the retailers proposed that minors be allowed to sell tobacco with parental consent . Language to accomplish this could be as follows : B. Unless a person has obtained written consent from his or her parents, it [It] is unlawful for any person under the age of 18 to sell, furnish, or give away any tobacco. Vending machines . The draft ordinance, in Subd. 5, prohibits sale from vending machines, unless they are in a business or place to which people under 18 are not generally permitted access . The retailers did not submit any comments on this section. At the Council meeting, it was suggested that vending machines should be allowed if they were under the control of an employee. Language to accomplish this could be as follows : Subd. 5 . Vending Machines. No person shall offer tobacco for sale or allow it to be sold by or from a vending machine, unless the vending machine is equipped with an electric or electronic locking device which must be activated by an employee for each sale . The vending machine must be within 25 feet of the usual location of the employee who would activate the locking device, and must be in plain view of such person. Self-service merchandising. The draft ordinance, in Subd. 6, prohibits offering tobacco for sale or allowing it to be sold "from an open display to which the public has access without the intervention of an employee. " The retailers recommended dividing this into two different sections, one for cigarette cartons, and one for single or multiple packs of other tobacco products . Language to accomplish their proposed regulations could be as follows : Subd. 6 . Self-Service Merchandising. No person may offer tobacco for sale or allow it to be sold from an open display to which the public has access without the intervention of an employee, except as follows : A. Cigarette Cartons. Cigarette cartons may be sold from a display rack equipped with clear shields, when the removal of each carton triggers an alarm or chime which is clearly audible to a clerk. The display rack must be in plain view of a clerk. B. Other Tobacco. Other tobacco products may be sold from a display rack located on top of, above, or behind the check-out counter. The display rack must be in plain view of a clerk and the tobacco products accessible only by the clerk or in plain view of the clerk. Responsibility. The draft ordinance, in Subd. 7, address responsibility of the licensee for the conduct of its employees . In addition to the provision in this section, the retailers propose that each retailer be required to post signs on all tobacco displays regarding shoplifting. They also recommended requiring training of employees . Language to accomplish this could be as follows : B. The licensee shall post signs on all tobacco display racks that all shoplifters will be prosecuted. C. Before being issued a license each year, each licensee shall certify that all its clerks have been trained regarding the state law prohibiting sales to minors and how to request identification of persons attempting to buy tobacco products . 2 • Civil penalties . The draft ordinance, in Subd. 8, sets forth civil penalties . The retailers believe that the caps on the fines and suspensions are too high. They indicated that any suspension longer than seven days could put a smaller retailer out of business . Any suspension results not only in lost sales, but also in lost customers . They recommend amending the penalty in Subd. 8 .8 to be a civil penalty of up to $200, only (delete "and a suspension of the license for up to 30 days" ) . They recommend amending the penalty in Subd. 8 .0 to be a civil penalty of up to $400, only (delete "$500 and a suspension of the license for up to 90 days" ) . They recommend amending Subd. 8 .D to provide for a civil penalty of up to $700, and a suspension of up to 7 days (delete "or revocation" and add at the end "for up to 7 days" ) . Other matters . We discussed several other matters . Everyone agreed that the ordinance should not simply codify the status quo. We discussed whether the repeated violations should be counted within only a one-year period, or whether this should be stretched to 24 months, but no consensus was reached. We discussed requiring that the display racks for cigarette cartons be within a specified number of feet of the clerk' s position, but discarded this as unnecessary (since the enforcement is the key issue) . We also discussed imposing a civil penalty on the erring clerk in any license suspension hearing, but left this out because the retailers feared that this could harm the store in attempting to hire employees . Representatives of the retailers will be present at the Council meeting to address any questions the Council may have . ALTERNATIVES : 1 . Adopt Ordinance No. 414 as submitted last Tuesday night . 2 . Amend Ordinance No. 414 to reflect the concerns of the retailers or others . 3 . Do not adopt revisions to the tobacco section of the City Code . RECOMMENDATION: Discuss and adopt an ordinance. [14TOBAC] 3 EXPLANATION TO ORDINANCE y/ Y ORIGINATING DEPARTMENT: Law Department PURPOSE: To amend City Code Chapter 6, Other Business Regulation and Licensing, by repealing Sec . 6 . 23 , Tobacco, and adopting one new section in lieu thereof . REMARKS: The City has been requested by Minnesota ASSIST Project to consider tightening up our ordinance restricting the sale of tobacco. In particular, they recommend taking all possible steps to make cigarettes inaccessible to minors . This includes eliminating cigarette vending machines in locations easily utilized by minors, barring self-service displays of tobacco products, and prohibiting minors from selling tobacco. The first two make it more difficult for minors to acquire tobacco, and the third eliminates the problem of peer pressure to sell tobacco in violation of state law. The draft ordinance also clarifies penalties for violation of the ordinance and spells out the hearing process for license suspension or revocation. The language prohibiting sale of tobacco to minors was deleted, since under state law this is a gross misdemeanor. Under our ordinance, it was a petty misdemeanor. Staff does not recommend having an ordinance prohibiting the same behavior as a state law, only with a lower penalty. ALTERNATIVES : 1 . Adopt the revised tobacco ordinance. 2 . Amend the draft tobacco ordinance, and then adopt it . 3 . Leave the ordinance as it currently is written. ACTION REQUESTED: Offer Ordinance No. mi , an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, by repealing Sec . 6 . 23 , Tobacco, and adopting one new section in lieu thereof, and move its adoption. Submitted by: 4 j—/tA City Attorney/ / [26ORD] ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, BY REPEALING SEC. 6 . 23 , TOBACCO, AND ADOPTING ONE NEW SECTION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. WHEREAS, the City Council of the City of Shakopee notes that the Surgeon General of the United States has determined that cigarette smoking is dangerous to human health; and WHEREAS, the National Institute on Drug Abuse has found that cigarette smoking precedes and may be predictive of adolescent illicit drug use; and WHEREAS, it is in the best interests of the children of this community to protect them from becoming addicted to a life- threatening drug; and WHEREAS, open display makes tobacco easier to shoplift and therefore more accessible to minors; and WHEREAS, restriction and regulation of the sale of tobacco products is necessary to protect and further the health, safety, and general welfare of the residents of the City. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, is hereby amended by repealing Sec. 6 . 23, Tobacco, and adopting one new section in lieu thereof, which shall read as follows : SEC. 6.23 . TOBACCO. Subd. 1 . Definition. As used in this Chapter, the term "tobacco" means and includes tobacco in any form, including, but not limited to, cigarettes, cigars, bagged, canned or packaged product . Subd. 2 . License Required. It is unlawful for any person, directly or indirectly, to keep for retail sale, sell at retail, or otherwise dispose of any tobacco in any form unless a license therefor shall first be obtained from the City. Subd. 3 . Repealed. Subd. 4 . Restrictions . A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business . B. It i3 unlawful for any per:c n to ocll , furnioh or give away any to -160co in any fcrm to any peli.ren under the ogc of eighteen (1E; year: . B. It is unlawful for any person under the ace of 18 to sell , furnish, or sive away any tobacco. C. It is unlawful for any person to keep for sale, sell or dispose of any tobacco in any form containing opium, morphine, near jimson weed, bella donna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine . Subd. 5 . Vending Machines . No person shall offer tobacco for sale or allow it to be sold by or from a vending machine, except in an area within a factory, business, office, or other place not open to the general public, or to which persons under 18 years of age are not generally permitted access . Subd. 6 . Self-Service Merchandising. No person may offer tobacco for sale or allow it to be sold from an open display to which the public has access without the intervention of an employee . Subd. 7 . Responsibility. The licensee shall be responsible for the conduct of its employees while on the licensed premises. Any violation of this section shall be considered an act of the licensee for purposes of imposing a civil penalty, license suspension, or revocation. Subd. 8. Civil Penalties. The Council may impose a civil fine, suspend a license, or revoke a license for violations under this Section. A. Hearing. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council , a committee of the Council , or a hearing under the Administrative Procedures Act , as may be determined by the Council in action calling the hearing . Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof . B. Penalty for First Violation. The first violation of this section shall be punishable by a civil penalty of up to $200 and a suspension of the license for up to 30 days . 2 C. Penalty for Second Violation. A second violation of this section within any 12-month period shall be punishable by a civil penalty of up to $500 and a suspension of the license for up to 90 days . D. Penalty for Subsequent Violation. A third or subsequent violation of this section within any 12- month period shall be punishable by a civil penalty of up to $1000 , and a suspension or revocation of the license . E. Reinstatement Conditions. The City Council may attach conditions to the reinstatement of a suspended or revoked license, including requiring that the licensee and the licensee' s employees complete a training Program regarding appropriate procedures for determining the age of customers . Subd. 9 . Criminal Penalties . In addition to the civil penalties described above, a person in violation of this section may be punished criminally. A first violation of this section shall be a petty misdemeanor. Anv person convicted of violating this section twice or more within any 12-month period shall be guilty of a misdemeanor. Note: The otrickcn language 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 6 . 99, Violation a Misdemeanor or 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 , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . [26ORD) 3 RESOLUTION NO. 4242 A RESOLUTION AMENDLNG RESOLUTION NO. 4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS, the City Council has adopted a fee schedule for the calendar year, and; WHEREAS, changing conditions and circumstances warrant amending the fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Resolution No. 4143, the 1995 Fee Schedule, is hereby amended on page 3 as follows: Tobacco (Authorized by City Code 6.23) 1. Annual fee for Tobacco License $100.00 28798 Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney SENT BY ATTORNEY GENERAL ; 7-14-95 ; 3:35PM ; ST. OF MN.-' 94456718;# 2/ 3 - � � b k �. r r - " STATE OF MINNESOTA ';.,i OFFICE OF THE ATTORNEY GENERAL RQ STATE CAPUTp1. HUBERT H. HUMPHREY III AT.PAUL,MN MISS-umm ATTORNEY GENERAL July 21, 1995 TELEPHONE:(612)2906196 The Honorable Gary Laurent Mayor of the City of Shakopee City Hall 129 Holmes Street, South Shakopee, MN 55379 Shakopee City Council City Hall 129 Holmes Street, South Shakopee, MN 55379 Re: sale of Tobacco to Children Dear Mayor Laurent and Members of the City Council: I understand that you are considering a proposal to better protect the young people of Shakopee from the illegal sale of tobacco products. I want to congratulate you for taking up this important subject, and encourage you to act decisively on behalf of the children of your community. Last year, my office joined with a bi-partisan group of twenty-seven other state attorneys general to study this problem. We offered a series of recommendations for legislation. The ordinance that you are considering is entirely consistent with our findings and recommendations. As I am sure you know, tobacco products are the greatest preventable cause of death and disease in our society. Unfortunately, most smokers become hooked on tobacco before they are even old enough to purchase it legally. Tomorrow, as happens every single day, about sixty more Minnesota youngsters will begin smoking illegally; fifteen of those youngsters will eventually die as a result of the habit. Every year, more than 5,000 Minnesota children condemn themselves to eventual tobacco-related deaths in this way. One reason this cycle of addiction continues is that our laws against selling tobacco to minors have been widely ignored. Studies show that, on average, underage customers are able to buy tobacco illegally two-thirds of the time. To put it differently, when an underage teen tries to buy cigarettes, the odds are two-to-one that the store will make the illegal sale, rather than ask the youngster for an ID. We will not end this widespread lawbreaking until we hold stores accountable for these illegal sales, along with the individual salesclerks and the underage customers. Under state law today, the salesclerk and the customer can each be charged with a crime, but the store itself has no legal responsibility whatsoever. It is critical that we bring the stores into the circle of responsibility. FacsimIle:(612)297-4193 • TDD:(612)297-7206 • Toll Free Line:(800)657-3787(TOD or voice) An Equal Opportunity Employer Who Values Diversity et Printed nn SO%recycled paper(15%post consumer content) SENT BY:ATTORNEY GENERAL ; 7-14-95 ; 3:36PM ; ST. OF 94456718;# 3/ 3 Mayor Gary Laurent July 21, 1995 Page 2 The ordinance you are considering, like ordinances recently adopted in Fergus Falls, Montevideo, Litchfield and Savage, would do just that. By licensing tobacco vendors, setting increasing penalties for repeated violations, backing the ordinance with annual compliance checks, banning vending machines, and eliminating self-service sales of tobacco, you will send the message that Shakopee is serious about solving this problem. I encourage you to send that message. Best regards. ��.��n vim\"\��`•� � v�. HUBERT H. HUMPHREY III Attorney General Park Nicollet Medical Center Shakopee,M nesot 55379 612/445/1305 D' July 7, 1995 Shakopee City Council 129 South Holmes St. Shakopee, MN 55379 To Whom It May Concern: In that I am on vacation and out-of-town on the week of July 10th, I would like to express my feelings regarding the pending smoking ordinance via letter. As you are aware, smoking is the #1 cause of premature death in our country. Approximately 400,000 people die prematurely of tobacco related causes in the United States each year. This is the equivalent of two 747s going down every day of the year. It is also clear that it is unusual for people to become addicted to cigarettes after the age of 20. It is also clear that certain chemicals in tobacco, such as nicotine, are highly addictive. In summary, I believe that the use of tobacco products is the #1 health problem in our country. It is also very clear to me that prevention will be the most effective method of dealing with this problem. If it is against the law for citizens to purchase tobacco products under the age of 18, I believe that we have a very strong obligation to strictly enforce this law. Thank you for your consideration. Sincerely Yours, hf„t 67 Michael D. Lano, M.D. MDL/bls Ple err( 0f SHAKO 3t/1" 12 1995 r.w TOBACCO USE The Problem: Tobacco use causes extensive disease, death, and economic costs for both smokers and nonsmokers in Hennepin County. 4y Goal Statement: Eliminate tobacco use among Hennepin County residents. Year 2000 Objective: Reduce cigarette smoking by children and youth so that no ►ol more than 15 percent of students in Hennepin County will th report at least weekly smoking by twelfth grade. (Baseline to ' 1989: 28% of female and 25% of male twelfth grade students reported at least weekly smoking. 1992 Update: 23.7% females and 18.1% males smoked at least weekly.) Reduce the percentage of Hennepin County adults who smoke to 15 percent. (Baseline 1988: 23% of adults smoked. 1993 Update: 23% of adults smoked.) Reduce monthly spit(smokeless)tobacco use by Hennepin County twelfth-grade males to no more than 5 percent. (Baseline 1989: 19.8% of twelfth-grade males used spit tobacco at least monthly. 1992 Update: 19.2% used monthly.) Reduce exposure to environmental tobacco smoke by increasing the number of smoke free sites to 100 percent of 4 public buildings, to 80 percent of worksites, and to 50 percent of restaurants. (No baseline data available for Hennepin County.) Increase to 95 percent the compliance with state law that restricts the sale of tobacco products to children under 18 years of age. (No baseline data available for Hennepin County.) Affected/At Risk Populations: About 90 percent of smokers start before age 21;50 percent start before age 18.1 According to the 1989 and 1992 Minnesota Student Surveys, daily tobacco use by Minnesota high school seniors remained unchanged at 22 percent. Twenty-three percent of Hennepin County adults are current regular smokers.2 i - Smoking rates in Minnesota are significantly higher for people with lower educational levels and people who work in service, craft or laborer occupations.? F Nature and Extent of the Problem: Smoking is the number one preventable cause of death in Minnesota and the United States, ,A outnumbering the combined totals for alcohol,cocaine,heroin,suicide/homicide,traffic accidents and AIDS. In 1992, 5,900 deaths in Minnesota were attributed to smoking- 17 percent of all Minnesota deaths. Smoking contributes to disease, death and disability due to cardiovascular diseases including heart attack and stroke;cancer including lung,uterine,cervix, [Alcohol,Tobacco &Other Drug Use 7 bladder,pancreas, and kidney; respiratory diseases including pneumonia,asthma,bronchitis, and emphysema; and cigarette-ignited fires. In addition,smoking contributes to low birth weight and infant deaths and passive smoke has been found to cause respiratory problems and middle ear infections in children.4 U.S. The annual prevalence of cigarette smoking among adults in the United States declined 40 percent during 1965-1990 (from 42.4% to 25.5%) but was virtually unchanged during 1990- 1993.5 Prevalence of current smokers in 1993 was 25.0 percent. (Current smokers were defined as those who had smoked 100 cigarettes and now smoked either every day or some days.) Smoking prevalence was highest among men,American Indians,African Americans and people with low incomes. Although current smoking rates did not change between 1992 and 1993, the prevalence of daily smoking in 1993 was significantly lower than in 1992 (20.4% and 22.3% respectively.). This may reflect the increase in restrictive worksite and public smoking policies.5 From 1984-1993,prevalence of cigarette smoking remained constant among U.S.high school seniors. The prevalence of daily cigarette smoking among high school seniors in 1993 was 19 percent. Daily smoking rates were slightly higher for males(19.0%)than females (18.2%). Between 1984 and 1993 prevalence increased slightly for male seniors and White seniors, decreased slightly for female seniors, and decreased sharply for African American high school seniors (from 9% in 1984 to 4.4% in 1993).6 Minnesota The self-reported current smoking rate by Minnesota adults has shown a modest decline from 26.4 percent in 1986 to 22 percent in 1992. Current smoking is defined as ever smoked 100 cigarettes and smokes now. Smoking prevalence is slightly higher among men than women (23.8% and 20.4% respectively) and is highest among low income,less educated, African i American,Hispanic,and American Indian communities.? /Overall student use of tobacco (cigarettes and spit tobacco) in Minnesota has shown virtually % no change in the past few years according to the Minnesota Student Survey. More than one out / of five high school seniors uses tobacco daily (cigarettes or spit tobacco). Twenty-two percent of Minnesota 12th graders reported daily tobacco use in 1992. Seventeen percent of males and 18 percent of females reported daily use of cigarettes. Twelve percent of Minnesota 12th grade males reported daily use of spit tobacco.8 Hennepin County From 1985 to 1993 the rate of adult smoking in Hennepin County has remained unchanged at 23 percent (defined as ever smoked 100 cigarettes and smokes now).2,11 In Hennepin County, 16 percent of 12th grade students reported daily smoking in 1992 (13%of males and 19% of females). This represents a 16 percent decline in daily smoking rates among high school seniors from a rate of 21 percent in 1989. Eleven percent of.12th grade males reported daily use of spit tobacco in 1992 which was • unchanged from 1989. Daily use of spit tobacco by 9th grade males increased dramatically from 2.7 percent in 1989 to 4.6 percent in 1992. Five percent of 12th grade females report occasional use of spit tobacco (less than monthly).10 i Alcohol,Tobacco &Other Drug Use 8 ..„,. fir Table 6.2 Tobacco Use by Hennepin County Students, 1989-1992 .:-.f Males Females Totals 1989 1992 1989 1992 1989 1992 Daily smoking, 18.8% 13.2% 22.5% 18.6% 20.6% 15.9% 12th grade At least weekly 25.2% 18.1% 27.8% 23.7% 26.5% 20.9% smoking, 12th grade At least monthly spit 19.8% 19.2% NA .7% 10.6% 9.8% tobacco, 12th grade The economic costs attributable to smoking are extensive. Minnesota's estimated health care costs for smoking=attributable diseases totaled $470 million in 1992. This includes the costs of hospitals,physicians and nurses,nursing homes, and medications. Income lost as a result of premature death or disability related to smoking was$678 million. The total estimated cost of smoking equals $262 per Minnesota resident per year or$270,384,000 in Hennepin County.4 Community Resources: Many organizations exist in Hennepin County that address tobacco control issues in a variety of ways. These include schools,voluntary health organizations,health care providers,public health agencies,chemical dependency treatment programs,and others. The following organizations have developed collaborative efforts to reduce tobacco use in Hennepin County • and/or Minnesota: The Community Prevention Coalition of Hennepin County,the Minnesota a Coalition for a Smoke Free Society 2000, and the Minnesota ASSIST Project at the Minnesota Department of Health. Implications: S/ome progress has been made in Hennepin County since 1989 toward the objective of a 15 percent smoking rate for high school seniors. Regular smoking(at least weekly) among male high school students in 12th grade declined 28 percent from 1989 to 1992. Regular smoking among female high school seniors declined 14 percent during the same time period. Female students continue to smoke at higher rates,and increased efforts need to be made to reach this group. Although there has been almost no change in spit tobacco use among male high school seniors, there has been an increase in weekly use of almost 50 percent among 9th grade males. Given the addictive nature of spit tobacco, this trend could result in higher spit tobacco rates in coming years for high school males. There has been no reduction in the adult smoking rate in Hennepin County since 1985. Increased efforts are needed to reach populations at highest risk for smoking. The economic costs and human costs of smoking continue to rise. According to the Minnesota Department of Health, the estimated health care costs resulting from smoking increased 32 percent between 1990 and 1992.4 These data most likely underestimate the total costs of smoking in Minnesota since they do not reflect morbidity,mortality, and economic costs related to exposure to second-hand smoke. [Alcohol,Tobacco &Other Drug Use 9 [ a• About the Data: Limited data are available about adult smoking rates in Hennepin County and no data are available about morbidity, mortality and economic costs related to second-hand smoke. Minnesota Student Survey data included in this report represent the combined data for 15 Hennepin County school districts. Student survey results vary by school district. Contact local district offices to inquire about availability of local data. Contact Person: Gretchen Griffin,Hennepin County Community Health Department,348-5964 References: 1. U.S. Department of Health and Human Services Public Health Service and Centers for Disease Control and Prevention National Center for Chronic Disease Prevention and Health Promotion Office on Smoking and Health. Preventing Tobacco Use Among Young People: A Report of the Surgeon General. 1994. - 2. Minnesota Department of Health. 1994 Minnesota Health Profiles: Hennepin County. 3. Minnesota Department of Health. Comprehensive Tobacco Control Plan. April 1993. 4. Minnesota Department of Health Division of Family Health. Nonsmoking Fact Sheet: 1992 Minnesota Data on Mortality and Economic Cost Estimates Due To Smoking. January 11, 1995. 5. Centers for Disease Control and Prevention. MMWR. December 23, 1994;43. No.50. 6. U.S. Department of Health and Human Services. Surveillance for selected tobacco-use behaviors —United States, 1900-1994. MMWR. November 18, 1994;43. No. SS-3. 7. Minnesota Department of Health Center for Health Statistics. Behavioral Risk Factor Surveillance in Minnesota, 1986-1992. 8. Minnesota Department of Health. RISK FACTOR: Tobacco Use. Making a Difference Through Effective Community Assessment Data Worksheet November 1994. 9. Minnesota Department of Education,Prevention and Risk Reduction Unit. Minnesota Student Survey, 1989-1992: Reflections of Social Change. September 1992. 10. Hennepin County Community Prevention Coalition. Monitoring Substance Use Among Hennepin County Youth. March 1993. 11. Hennepin County Community Health Department. Hennepin County Community Needs Assessment. August 1991. (Alcohol,Tobacco &Other Drug Use 10 _ I • Community Tobacco Control ❖ 7 REDUCING Section 3 CHILDREN 'S ACCESS TO TOBACCO Background ❖ Each day in the United States 5,000 people who smoke either quit smoking or die. To maintain a constant market for cigarettes, the tobacco companies must recruit 5,000 new smokers per day. Where do they come from? They come primarily from children: 90 percent of people who smoke started before their 19th birthday; 60 - percent before they were 14. More people start smoking at age 13 than at any other age. More than 6 million Americans under the age of 18 use tobacco; it is estimated that 81,000 Minnesotans 14 to 18 years old smoke on a daily basis. We've all seen kids as young as 12, some even younger, hanging out on a corner smoking. It is illegal for minors to smoke or to buy cigarettes. So where do they get them? From friends? From parents? By shoplifting? Yes to all of these. But by far the easiest way for kids to get cigarettes is simply to walk into a store and buy them. They are seldom asked for an ID. If they are asked, they offer excuses and often succeed in purchasing the tobacco. In a 1987 University of Minnesota study, over 79 percent of minors surveyed (both those who smoke and those who do not smoke) said that cigarettes would be very easy for them to get. Of those who smoked (and presumably knew), 97 percent said that cigarettes are very easy to get. In actual trials, according to the study, children as young as 13 were successful almost 80 percent of the time in buying from cigarette machines. Over-the-counter success rates ranged from about 30 percent for very young minors to almost 80 percent for more mature teenage girls. Clearly, increasing compliance with age-of-sale laws is a critical first step toward reducing minors' access to tobacco and ultimately reducing smoking rates. A person's first few cigarettes do not represent a lifetime commitment. However, nicotine is one of the most powerfully addictive substances known. It is rare for a person to remain a Community Tobacco Control ❖ 9 sell. One of the better payers in this retail game is the tobacco industry. Vendors frequently pay retailers a fee (called a slotting fee) for highly visible shelf space. Tobacco retailers may also receive discounts for placement of advertisements or for the number of cartons visible to the customer. A retailer may receive as much as $50 per month just for keeping a small promotional display rack "The almost stocked and on the counter. Tobacco companies or wholesalers also omnipresent tobacco supply store fixtures ranging from tobacco racks,clocks, and carry- ads in stores give the out baskets, to checkout counters. Some other practices may be illegal, but some retailers admit impression that that they receive discounts on unrelated merchandise (fresh tobacco is just vegetables, for example) based on the number of cartons of another retail cigarettes they sell. Other retailers claim they receive rebates product, not a directly from the manufacturer as an incentive to stock and sell powerfully addictive certain brands of cigarettes. drug.PP Rooftop billboard advertising may also provide additional income for some store owners. Typically, billboard companies have ten-year leases which may be unbreakable even if the building is sold. Although the annual fees paid to the building owner are often not substantial, those inside the industry indicate that it is not uncommon for billboard companies to cover costs of some roof and structural repairs, thus providing a modest, untaxed benefit. Building owners seldom have any control over the content of the billboard advertising. A St. Paul pharmacy that does not sell • tobacco or allow any tobacco use at its lunch counter has two rooftop signs that for many years have promoted Camel cigarettes. The amount of money received by vendors from wholesalers and manufacturers is related to the size of the store and to the number of cigarettes sold. A modest sized convenience store may receive up to $10,000 per year in slotting, promotional and joint advertising fees. Some store operators say this approximates their profit. Money given to retailers to influence placement of their products has little social importance for most products. When the product is tobacco, the consequences are significant. The almost omnipresent tobacco ads in stores give the impression that tobacco is just another retail product, not a powerfully addictive drug. Although tobacco is the single most shoplifted item, slotting fees ensure that the product is displayed in a way which makes it particularly easy to steal. Consider the way that audio tape cassettes are sold. They are also a high priced item, small and easy to steal. To prevent shoplifting, the cassettes may be stored in a locked cabinet. They are often fastened to large plastic carriers which are bulky and hard to conceal. Tobacco, because of its method of display, virtually invites shoplifting. And shoplifting represents a major source of cigarettes Community Tobacco Control ❖ 11 holders. A vendor is fined $200 on the first offense, $400 on the second, receives a 30 day suspension on the third violation, and license revocation on the fourth. Licensing personnel(inspectors or clerks) to conduct compliance checks following a fixed protocol. Vendors may simply sign a form admitting their guilt and pay the fine, or they can appeal to an administrative law judge. Several dozen vendors have been fined; one has appealed. The St. Paul licensing department believes that the fine covers expenses. Please refer to Appendix B for model ordinances. Compliance Checks It can not be emphasized too strongly: regular compliance checks are crucial. Without them it is difficult to determine whether licensing laws are being followed. SuperAmerica's program to prevent the sale of tobacco to minors is built around regular compliance checks. It is recognized as one of the most effective self-administered programs in the state. Details for performing compliance checks can be found in Appendix B. Other Policy Measures Following are other measures to help prevent the sale of tobacco to minors. • Prohibit the sale of tobacco products from vending machines. Minnesota state law restricts the location of cigarette vending "A total ban [of machines and specifies that in most locations the machines must be vending machines] is placed in plain view of an employee and furnished with a locking easy to understand device. Surveys conducted by the University of Minnesota in May and enforce. " 1991 showed that the law made it only slightly harder for a 15 year old to buy from a vending machine than before the law was passed. Fortunately, the law also states that cities may pass more restrictive laws. Total bans have been adopted by at least 20 Minnesota cities. Banning cigarette machines is symbolically significant. Selling cigarettes from a vending machine undermines the message that tobacco is dangerous and addictive. A total ban is easy to understand and enforce. The hodgepodge of restrictions in the state law is replaced by one requirement for all. • Prohibit self-service of all tobacco products. Focus groups with teenagers who smoke indicate that having to ask a clerk for Community Tobacco Control ❖ 29 DOING BATTLE WITH Section 7 THE TOBACCO INDUSTRY Industry Tactics ❖ The following industry tactics are frequently used. Some of these tactics are more common in large cities or at the state level. • Hiring high power lobbyists with lots of money. When the Tobacco Institute seeks a lobbyist it tries to hire people with tight party ties and broad influence. It may supply strategy from the national level but it hires local talent as that gets more bang for the buck at the local level. These lobbyists have lots of financial resources available to them. Another tactic is to hire a well known local retired politician to represent them. Particularly in large cities they often succeed in purchasing the services of a former mayor or council person. • Suggesting the issue be resolved at a different level of government. Whatever level they are dealing with, they want that policy decision made at a different level. • Presenting their own proposal. Their proposal may appear to address the problem but may in fact make matters worse or further protect the tobacco companies. This approach gives people the illusion they are voting for a tobacco control bill; they are really voting for non-regulation. • Funding a study. If it looks like significant regulation is going to pass, the industry may try to fund a study, hopefully one that takes several years. • Pretending to be the supporter of workers' rights, particularly union workers' rights. Sometimes union personnel testify against a bill in the name of saving union jobs. Community Tobacco Control ❖ 31 • Calling an addiction a choice and presenting it as an almost virtuous choice. It is hard to listen to tobacco representatives for more that a few moments without hearing them say something about adult customs or choices. • Saying that anything that threatens to reduce tobacco use is a threat to jobs. Jobs of all kinds. The job cost is always greatly exaggerated. If people do not spend their money on cigarettes, they will spend it on something else. For example, the delivery person who loses a bit of cigarette money will likely pick up additional potato chip money. About 200,000 people make their living off tobacco. Since all policy actions will create only a slow decline in usage,jobs will have ample time to shift as demand falls. • Buying off the opposition with charitable contributions. Generous support to minority groups and the women's movement has gone a long way toward buying their silence on the smoking issue. • Having local vendors represent their position. The industry, like the activists, know that local citizens carry more weight than outsiders. Expect a local distributor or convenience store operator to be the point person. • Claiming that no problem exists or that the industry has already adequately addressed it. Shoplifting and illegal sales to minors are among the problems the industry denies. • Threats of litigation. The industry frequently threatens to sue, but they seldom do. For example, they made specific threats to sue in Chanhassen and White Bear Lake when they were considering new ordinances. They made veiled threats to sue Preston when it passed point-of-sale advertising restrictions. In none of these cases did they actually sue. But this tactic of intimidation has worked in many cities to prevent ordinances from passing. • Quotes out of context. Quotes from credible sources saying surprising things are often an industry manipulated quote out of context("QOT's"). Famous QOT's come from C. Everett Koop, Elizabeth Whelan, and even Supreme Court Justice Harry Blackman. Since these quotes may be diced from some unknown speech or publication, it is usually hard to trace them down. The best approach is probably to assume the industry quote is out of context and provide a clear statement, in context, from the same source as a counter. Community Tobacco Control ❖ 33 • Try to have both people who smoke and people who do not smoke testify. This is not an anti-smoker effort. • In most circumstances, only one person should address the health issues. Most council members know the basic facts and do not want to hear numerous speeches on the hazards of smoking. The exception to this would be personal statements from people who are struggling with addiction or have experienced personal loss. • Write our your testimony! Very experienced speakers may be "This is not an able to ad lib, but experienced speakers seldom attempt it. Those anti-smoker effort." who try to present their information without adequate preparation are likely to ramble and to be ineffective, or worse, get led into areas about which they are not knowledgeable, thus confusing the debate. • Designate one person to handle questions. That person must be prepared to answer questions aimed to shift the topic, such as, "Don't you really just want to ban smoking altogether?" • Have one person as the floor leader. This person normally will not be a speaker. He or she must concentrate on the big picture and not about what to say when it is his or her turn to speak. The floor leader must be able to make last minute decisions on whether a particular person should speak if time is running short. Agree in advance who the floor leader will be and abide by his or her decisions. • Do not rely on outside experts except for specific factual information. Outsiders to the community may be unwelcome since they do not know the community dynamics. Although an outside expert may very well be able to provide you with credibility in some research or statistical area,primary support for any ordinance must come from the community. • Keep testimony brief. It is fine to have 20 people speak,but only if most of them primarily make "me too" presentations; for example, "I represent XYZ organization and we also support this ordinance because . . . ." These presentations should last only one to two minutes. Even your"me too" supporters should have prepared testimony. • Provide ample information to the local media. The media like interesting side stories as well as just dry facts. Do not underestimate the impact of supportive news coverage. Avoid criticizing anyone when talking to the media; praise your supporters and ignore the rest. RECOMMENDED GOALS, OBJECTIVES, METHODOLOGY for Community Level TOBACCO PREVENTION AND CONTROL June 1995 • Use of tobacco products is the nation's deadliest addiction. Smoking cigarettes is the leading cause of avoidable death in our nation, state and most likely in your community. Your community has a compelling interest in reducing the health and economic burden of tobacco. This is accomplished by preventing young people from starting to use tobacco, getting users to quit and eliminate exposure to environmental • tobacco smoke in public places for all children and nonsmokers. TOBACCO:AN ISSUE OF PROTECTION FOR CHILDREN According to the 1994 Institute of Medicine (IOM) Report, Growing Up Tobacco Free, • most people (89%) who smoke began using cigarettes and 71% began daily smoking by or at the age of 18. Most smokers begin smoking during childhood and adolescence, and nicotine addiction begins during the first few years of tobacco use. The report says that clearly, the decisions young people make about smoking will have life time consequences. Those who choose not to smoke before age 18 are unlikely to pick up the habit as adults and those who smoke before age 18 are likely to become addicted, and their addiction may persist throughout their entire lives. In the past three years through the guidance and direction of the Centers for Disease Control (CDC) and the National Cancer Institute (NCI) the primary emphasis for tobacco prevention and control has changed to a focus on changing the conditions e.g., policies in the community to protect and safeguard children from tobacco use, access and exposure. A public policy approach to tobacco use prevention and control has three primary strategies which can be used at the community level and include the following: •Reduce youth tobacco use and access • Eliminate exposure to environmental tobacco smoke • Reduce exposure to advertising and promotion The following are from Minnesota's Public Health Goals document. The suggested methods and information comes from documents which are cited in the reference segment of this paper. These reference documents are available from the Section for Nonsmoking and Health (612) 623-5006. GOAL #1. Increase to 95%, compliance with the state law that restricts the sale of tobacco products to children under 18 years of age. METHOD: Select one or more communities in the county to complete the public health process of assessment, policy development and planning and assurance, as it relates to this goal. A common method for assessing compliance with the law is through complicance checks, done in collaboration with local law enforcement officials. This requires gathering data that accurately describe the problem of tobacco sales to minors, the business community and the general public. Compliance checks can also be formal enforcement operations, in which merchants are penalized for violating provisions of youth access legislation. Another reason to have detailed information to substantiate your policy recommendation is that all legislation must be based on a finding or set of facts that provide the rationale for enacting the ordinance. The planning and development of a local public policy initiative naturally follows the analysis of data from compliance checks that can then lead to working with a city council to strengthen or introduce a city ordinance regarding youth access to tobacco products. • GOAL # 2 Reduce exposure to environmental tobacco smoke (ETS) for all children, youth and nonsmokers, by increasing to 100% the number of public buildings, to 80% the number of work sites, and to 50% the number of restaurants that are smoke free. METHOD: Select one or more communities in the county to assess the extent of smoke free public buildings . This could be followed by the analysis of the data, planning and policy development for adoption of smoke free building policy by each respective governmental entity eg. city, county, park and recreation authority etc. GOAL #3 Reduce the percentage of adults who smoke from 22.5 % to 15 percent. (This is equivalent to a 33% reduction to the county level synthetic BRFSS data) METHOD: Most smoking cessation programs that are available to community members are provided through voluntary health associations such as, American Cancer Society, American Heart Association or the American Lung Association. Another significant provider of smoking cessation programs is through community hospitals or the schools community education programs. You can work collaboratively with these community groups to assure that smoking cessation programs are advertised and available in the community for smokers who choose to quit. GOAL #4 Reduce tobacco use by children and youth so that by their senior year in high school the percentage of daily use of cigarette or spit tobacco is reduced from 22% to 12 percent. (School district or county level data ffrom the student survey could be used for local data, seeking a 45% reduction for daily student use) METHOD: To achieve this goal, refer to and implement the methods for goals number #1 (youth access), goal #2 (exposure to ETS), and goal #3 (smoking cessation services) REFERENCES: 1. Consumer Reports, Secondhand smoke - is it a hazard?, January 1995 2. Consumer Reports, Hooked on Tobacco: the teen epidemic, March 1995. 3. Minnesota ASSIST Project, Suggested Guidelines for Compliance Checks, February 1995. • 4. Association for Nonsmokers - Minnesota. Community Tobacco Control: a handbook for community actions August 1994. 5. Community Assessment Worksheets for assessing Youth access and Environmental Tobacco smoke at the community level are under development and will be available through the Section on Nonsmoking and Health in very late 1995. If there are questions about the goals, methods, references, or interest in technical assistance please telephone the Section for Nonsmoking and Health (612)623- 5699. The Issue: Youth Access to Tobacco • The tobacco industry must recruit over 5000 new smokers each day to smoking in order to maintain constant cigarette use levels. • Tobacco is a gateway drug.Youth who smoke are 15 times more likely than non- smokers to "graduate" to narcotic drugs. • University of Minnesota study(school survey,tenth grades,1987;9-11 grades 1989). - 87% of youth who smoke report having purchased tobacco through a vending machine at least once. - Over 79% of students said that cigarettes would be very easy for them to get. This includes 79%of non-smokers as well as 97% of youth who smoke. - Over half of tenth graders who smoke named vending machines as a primary source of cigarettes. - The great majority of teenagers obtain their cigarettes by purchasing them. Only 19% of the tenth graders reported getting them at home. • Almost 60% of people who smoke start by age of 14;90%begin smoking by the age of 19. More people start smoking at age 13 than any other. • More than 6 million American under the age of 18 use tobacco;it is estimated that 81,000 Minnesotans 14-18 years old smoke on a daily basis. • The earlier a child starts using tobacco, the more likely it is that he or she will be unable to quit,and to subsequently die of tobacco-induced disease. • A child who smokes just one pack of cigarettes will develop a substantial tolerance to the drug effect of nicotine,which is the critical first step in the addiction process. • Nicotine,an addictive substance found in cigarettes,may be harder to quit using than heroin. More than one-half of high school seniors who smoke daily have tried to quite without success. • Making tobacco inaccessible to youth gives a consistent message that tobacco use is not a youth activity. • As parents and concerned community members,we have the right to expect that our children will not be sold products which are illegal for them to use. Prepared by: Minnesota Tobacco-Free Youth Project Dr.Jean L.Forster,Ph.D.,MPH.,Assistant Professor Mary Hourigan,M.P.H.,Project Coordinator University of Minnesota,Department of Public Health(612)624-5400 JLF-Tobacco Materials 12-12-89[rid SHAKOPEE RETAILER TOBACCO ORDINANCE PROPOSALS 1. Cigarette cartons shall be sold from display racks equipped with clear shields that allow the removal by an adult customer of a single carton of cigarettes and an audible alarm or chime which is activated each time that a carton of cigarettes is removed from the self-service display rack or sold from display racks equipped with clear doors that an adult customer can access for a carton of cigarettes. 2. Single and multiple packs of cigarettes, chewing tobacco and cigars shall be displayed within the immediate vicinity and plain view of a responsible employee so that the employee can see the single or multiple packs on display at all times. 3. Single and multiple packs of cigarettes, chewing tobacco and cigars shall be displayed in the following two manners: A. On top of or in front of the check out counter so that a responsible employee can see the single or multiple packs on display at all times and directly supervise the accessibility of the display to customers; or B. In a display rack equipped with clear doors and is located in the immediate vicinity and plain view of a responsible employee who can directly supervise the accessibility of the display rack by customers. 4. Require that each retailer post signs on all tobacco displays (cartons, packs, chewing tobacco and cigars) that all shoplifters will be prosecuted. The Shakopee Police Department could assist in developing the language for the signs. 5. Each retailer and the Shakopee Police Department would define a display area within each licensed retail location to place self-service tobacco displays that would be under direct supervision by a responsible employee at all times during store hours. 6. Require that each retailer certify on the annual tobacco license application that all clerks have been trained regarding the state law prohibiting sales to minors and how to request identification of persons attempting to buy tobacco products. 7. Adopt reasonable license fees for retail locations. 8. Adopt a civil fine for minors who attempt to purchase, possess or use tobacco products. 9. For store clerks under the age of 18, the retailer would first need to obtain the consent of the parents of the employee before the under 18 year old clerk could sell tobacco products. I I . ■ ■ ■ ■ ■ ■ ■ ■ I ■ ■ ■ I I NO SALE : I Youth, Tobacco and Responsible Retailing g I .P Jo. 1 , ....._ Developing Responsible Retail Sales Practices and Legislation to Reduce Illegal Tobacco Sales to Minors 1 Findings and Recommendations of a Working Group 1 of State Attorneys General 0 MEM I NO SALE: YOUTH, TOBACCO AND RESPONSIBLE RETAILING December, 1994 Arizona Attorney General Grant Woods Arkansas Attorney General Winston Bryant *Connecticut Attorney General Richard Blumenthal Florida Attorney General Robert A. Butterworth Guam Attorney General Donald L. Paillette *Hawaii Office of Consumer Protection Philip Doi, Executive Director *Iowa Attorney General Bonnie J. Campbell Kansas Attorney General Robert T. Stephan *Louisiana Attorney General Richard P. Ieyoub *Maryland Attorney General J. Joseph Curran, Jr. *Massachusetts Attorney General Scott Harshbarger Michigan Attorney General Frank J. Kelley *Minnesota Attorney General Hubert H. Humphrey, III Mississippi Attorney General Mike Moore Montana Attorney General Joseph P. Mazurek Northern Mariana Islands Attorney General Richard Weil New Jersey Attorney General Deborah T. Poritz New Mexico Attorney General Tom Udall *New York Attorney General G. Oliver Koppel' *Oklahoma Attorney General Susan B. Loving *Rhode Island Attorney General Jeffrey B. Pine *Texas Attorney General Dan Morales Utah Attorney General Jan Graham *Vermont Attorney Generaal Jeffrey L. Amestoy Washington Attorney General Christine O. Gregoire West Virginia Attorney General Darrell V. McGraw, Jr. Wisconsin Attorney General James E. Doyle * Denotes member of the Working Group TABLE OF CONTENTS NIC Executive Summary 1 I. TOBACCO USE AMONG YOUTH 4 Most Smokers Become Addicted To Tobacco As Children 4 Restricting Youth Access Is The Key To Breaking The Cycle Of Smoking 5 The Number Of Teen Smokers Is Not Decreasing 6 A. Tobacco Companies Target Young People 6 B. Youth Are Less Likely To Be Concerned About The Dangers 8 C. Minors Have Easy Access To Tobacco 9 Where Children Purchase Tobacco 10 H. INCREASED LAW ENFORCEMENT EFFORTS 12 III. THE ATTORNEYS GENERAL'S INITIATIVE _ 13 How The Retail Industry Is Currently Addressing The Problem 14 A. Gas Station Stores 14 B. Convenience Stores 17 C. Supermarket Chains 18 D. Drugstores 20 E. Discount Stores 21 F. Tobacco Industry Voluntary Compliance Programs 22 G. Tobacco Industry Voluntary Compliance Programs 23 -1- W. RECOMMENDATIONS FOR RESPONSIBLE RETAILING 24 1. US. ECRET SH( 'PERS TO MONITOR EMPLOYEE COMPLIANCE WITH THE LAW, AND REWARD EMPLOYEES WHO COMPLY . 25 2. PROGRAM EXISTING ELECTRONIC PRICE SCANNERS WITH TOBACCO "LOCKS" TO HELP CONTROL TOBACCO SALES 26 3. EXPEDITE THE USE OF PRICE SCANNER SYSTEMS WITH TOBACCO "LOCKS" 27 4. DEVELOP EFFECTIVE TRAINING ON AVOIDING ILLEGAL TOBACCO SALES TO MINORS, AND GIVE THIS TRAINING EQUAL EMPHASIS WITH THAT GIVEN TO TRAINING ON AVOIDING ILLEGAL ALCOHOL SALES 27 5. HOLD STORE MANAGERS ACCOUNTABLE FOR THEIR STORES' COMPLIANCE WITH THE LAW 28 6. KEEP TOBACCO PRODUCTS BEHIND THE SALES COUNTER OR IN LOCKED CASES 29 7. DO NOT SELL SINGLE CIGARETTES EITHER IN OPEN DISPLAYS OR FROM BEHIND THE COUNTER 29 8. POST PROMINENT SIGNS TO REINFORCE THE LAW . 30 9. REMOVE CIGARETTE VENDING MACHINES FROM RETAIL STORES 31 10. REQUIRE PROOF OF AGE, IN THE FORM OF A RELIABLE PHOTOGRAPHIC IDENTIFICATION, FOR ANYONE WHO APPEARS TO BE TWENTY-FIVE OR YOUNGER 32 11. REMOVE ADVERTISEMENTS, IN-STORE DISPLAYS AND PROMOTIONAL ITEMS THAT ENCOURAGE MINORS TO BUY TOBACCO 33 12. IN THE ALTERNATIVE, RETAILERS WHO PREFER NOT TO TAKE PROACTIVE STEPS TO PREVENT ILLEGAL SALES SHOULD CONSIDER SIMPLY ELIMINATING TOBACCO FROM THEIR STORES 33 V. LEGISLATIVE RECOMMENDATIONS 34 1. LEGISLATURES SHOULD BE WARY OF SOLUTIONS ADVANCED BY THE TOBACCO INDUSTRY 35 -Il- 2. STATE LEGISLATION SHOULD NOT PRE-EMPT LOCAL ORDINANCES 36 3. STATE LAWS SHOULD CREATE OR REQUIRE A LICENSING SYSTEM FOR TOBACCO SALES 36 4. THE LICENSING AND ENFORCEMENT SYSTEM SHOULD BE SELF-SUPPORTING 38 5. THE LICENSING SYSTEM SHOULD USE GRADUATED FINES, WITH LICENSE SUSPENSION FOR REPEAT OFFENSES 38 6. THE LAW SHOULD INCLUDE POSITIVE INCENTIVES FOR RESPONSIBLE RETAILING 39 7. THE LAW SHOULD REQUIRE PERIODIC COMPLIANCE CHECKS 40 8. THE LAW SHOULD NOT LIMIT WHO CAN CONDUCT COMPLIANCE TESTS 40 9. STATE LAWS SHOULD LIMIT YOUTH ACCESS TO TOBACCO BY RESTRICTING VENDING MACHINE SALES AND PROHIBITING FREE SAMPLING 41 10. STATE LAWS SHOULD REQUIRE DRIVER'S LICENSES TO BE DESIGNED TO MAKE AGE IDENTIFICATION EASY 42 CONCLUSION 42 -iii- Executive Summary In May, 1994 twelve state Attorneys General formed a Working Group to study the problem of illegal tobacco sales to minors.' Despite state laws prohibiting these sales, - underage customers purchase over half a billion packs of cigarettes and twenty-six million containers of chewing tobacco every year. The Attorneys General are concerned about these sales because, in addition to being illegal, cigarette smoking is an addiction typically initiated during the teenage years. Ninety percent of smokers report that they began smoking as teenagers. The average age at which teenage smokers first begin smoking is thirteen to fourteen years, and by age eighteen, teens are smoking at a rate very near the adult rate. Unlike adolescent use of alcohol and other drugs, adolescent smoking behavior has not declined since the early 1980's, and some statistics show an increase in underage smoking. In 1990, nineteen percent of high school seniors smoked daily, and twenty-nine percent had smoked in the last month. These smoking rates illustrate that young people have ready access to tobacco. And, from all studies, it appears that their major source of tobacco is from over-the-counter sales by retail merchants. Because of the health hazards that flow from tobacco use, Congress, in 1992, passed legislation mandating that states improve their enforcement of laws prohibit- ing the sale of tobacco products to minors. To promote compliance with the requirements of this federal legislation and with our state laws, the Working Group met with various segments of the retail community, including representatives from convenience stores, supermarkets, gas station stores, drugstores, and discount stores, as well as their respective trade associations, to The members of the Working Group are listed on the inside cover page of this report. Eleven of these states were represented by their Attorney General. Hawaii was represented by the Executive director of its Office of Consumer Protection. In addition, many other Attorneys General have endorsed the recommendations of the Working Group. These endorsing states are also listed on the inside cover page. The views expressed in this report are those of the Attorneys General listed and do not necessarily reflect the public policy of their respective states. -1- determine what efforts were being made by retailers to prevent tobacco sales to minors. The Working Group was particularly interested in those efforts that had proven most effective at reducing or eliminating illegal tobacco sales. After carefully reviewing the information we gathered during the course of this investigation, including our meetings with the retail industry and our examination of their current training materials, electronic price scanner systems, product placement criteria, signage and in-house monitoring systems, the Working Group recommends that the following measu- res be undertaken by all tobacco retailers to substantially reduce illegal tobacco sales to minors: • USE SECRET SHOPPERS TO MONITOR EMPLOYEE COMPLIANCE WITH THE LAW AND REWARD EMPLOYEES WHO COMPLY • PROGRAM EXISTING ELECTRONIC PRICE SCANNERS WITH TOBACCO "LOCKS" TO HELP CONTROL TOBACCO SALES • EXPEDITE THE USE OF PRICE SCANNER SYSTEMS WITH TOBACCO "LOCKS" • DEVELOP EFFECTIVE TRAINING MATERIALS ON AVOIDING ILLEGAL TOBACCO SALES TO MINORS, AND GIVE THIS TRAINING EQUAL EMPHASIS WITH TRAINING ON AVOIDING ILLEGAL ALCOHOL SALES • HOLD STORE MANAGERS ACCOUNTABLE FOR THEIR STORES' COMPLIANCE WITH THE LAW • KEEP TOBACCO PRODUCTS BEHIND THE SALES COUNTER OR IN LOCKED CASES • DO NOT SELL SINGLE CIGARETTES EITHER IN OPEN DISPLAYS OR FROM BEHIND THE COUNTER • POST PROMINENT SIGNS TO REINFORCE THE LAW • REMOVE CIGARETTE VENDING MACHINES FROM RETAIL STORES • REQUIRE PROOF OF AGE, IN THE FORM OF A RELIABLE PHOTOGRAPHIC IDENTIFICATION, FOR ANYONE WHO APPEARS TO BE TWENTY-FIVE OR YOUNGER • REMOVE ADVERTISEMENTS, IN-STORE DISPLAYS AND PROMOTIONAL ITEMS THAT ENCOURAGE MINORS TO BUY TOBACCO -2- • IN THE ALTERNATIVE, RETAILERS WHO PREFER NOT TO TAKE PROACTIVE STEPS TO PREVENT ILLEGAL SALES SHOULD CONSIDER SIMPLY ELIMINATING TOBACCO FROM THEIR STORES The Working Group also recommends that the states strengthen laws banning the sale of tobacco to minors and improve enforcement by applying the following principles: • LEGISLATURES SHOULD BE WARY OF SOLUTIONS ADVANCED BY THE TOBACCO INDUSTRY • STATE LEGISLATION SHOULD NOT PRE-EMPT LOCAL ORDINANCES • STATE LAWS SHOULD CREATE OR REQUIRE A LICENSING SYSTEM FOR TOBACCO SALES • THE LICENSING AND ENFORCEMENT SYSTEM SHOULD BE SELF- SUPPORTING • THE LICENSING SYSTEM SHOULD USE GRADUATED FINES, WITH LICENSE SUSPENSION FOR REPEAT OFFENSES • THE LAW SHOULD INCLUDE POSITIVE INCENTIVES FOR RESPONSIBLE RETAILING • THE LAW SHOULD REQUIRE PERIODIC COMPLIANCE CHECKS • THE LAW SHOULD NOT LIMIT WHO CAN CONDUCT COMPLIANCE TESTS • STATE LAWS SHOULD LIMIT YOUTH ACCESS TO TOBACCO BY RESTRICTING VENDING MACHINE SALES AND PROHIBITING FREE SAMPLING • STATE LAWS SHOULD REQUIRE DRIVER'S LICENSES TO BE DESIGNED TO MAKE AGE IDENTIFICATION EASY -3- I. TOBACCO USE AMONG YOUTH Every state bans the sale of tobacco to minors. Yet, every year, over half a billion packs of cigarettes and twenty six million containers of chewing tobacco are sold illegally to children under the age of eighteen. As a result, an estimated 3,100,000 American teenagers - - one out of every six -- are regular smokers.' And each and every day, 3,000 more children begin smoking -- a process that results in over a million new underage, addicted smokers in the United States each year.' One quarter of these new young smokers will eventually be among the more than 400,000 Americans who die of tobacco-related illness each year -- illnesses that burden our country with close to sixty-five billion dollars annually in health and economic costs.` These numbers are tragic. But the real tragedy is that this epidemic is to a great extent preventable -- and the key opportunities for prevention are in childhood and adolescence. Most Smokers Become Addicted To Tobacco As Children Tobacco use usually begins in early adolescence -- on average by age fourteen and in almost all cases before adulthood.' By the time they reach age eighteen, about two-thirds of the young people in the United States try smoking, and many quickly become dependent. This is not surprising, because tobacco-delivered nicotine is highly addictive. The Surgeon General 2 The terms "tobacco" and "smoking", as used in this report, relate to cigarettes and smokeless tobacco products. DiFranza, J.R. and Tye, J.B., "Who Profits From Tobacco Sales to Children?" Journal of the American Medical Association, 1991, Vol. 266, pg. 3149-3153. U.S. Department of Health and Human Services, Substance Abuse Prevention and Mental Health Services Administration, Notice of Proposed Rulemaking, Substance Abuse Prevention and Treatment Block Grants: Sale or Distribution of Tobacco Products to Individuals Under 18 Years of Age, Federal Register, Vol. 58, No. 164, at 45156. August 26, 1993. ' Growing Up Tobacco Free: Preventing Nicotine Addiction in Children and Youth, Lynch, B.S., and Bonnie, E.J. Editors, Institute of Medicine, National Academy Press, 1994 ("Growing Up Tobacco Free") at 199. -4- reports that nicotine dependency is the most common form of drug addiction and one of the most u:fficult to overcome. According to the Surgeon General, twenty million Americans try to quit smoking each year, but only three percent have any long-term success.' While tobacco use is extremely dangerous for everyone, young users face special risks. The earlier a person begins to use tobacco, the more difficult it is to quit. Early adolescent users are more likely to remain smokers for the rest of their lives, more likely to smoke heavily, and more likely to die prematurely than those who begin smoking at a later age.' In addition, the earlier a smoker begins smoking, the greater his or her risk of developing the numerous illnesses associated with smoking. Teens who smoke regularly experience a general decrease in physical fitness, increased coughing and phlegm, greater susceptibility to and severity of respiratory illnesses, earlier development of artery disease (a precursor to heart disease) and slower lung growth, which, by adulthood, can reduce the level of lung function.' Restricting Youth Access Is The Key To Breaking The Cycle Of Smoking What is most significant about teens and smoking, however, is that, from all indications, smoking is an addiction that is typically initiated during the teenage years or not at all. For the great majority of smokers, this addiction begins before they are old enough to purchase tobacco lawfully. In fact, seventy-five percent of all adult smokers report that they became addicted to tobacco before they were eighteen years old.9 Very few smokers take up smoking for the first time as adults. If youth access to tobacco can be controlled effectively, ' Preventing Tobacco Use Among Young People: A Report of the Surgeon General, U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 1994 ("1994 Surgeon General's Report") at 31. 1994 Surgeon General's Report at 6. 8 1994 Surgeon General's Report at 6-9. 1994 Surgeon General's Report at 65. -5- and the decision whether to smoke can be delayed until adulthood, then, over time, smoking will be greatly reduced as a major addiction in our society. The Number Of Teen Smokers Is Not Decreasing As a result of the public's increased awareness of the health hazards associated with smoking, the percentage of adult smokers has been declining over the years.10 Although, initially, adolescent smoking rates dropped in parallel with the decreased usage in the adult population, beginning in the 1980's, this decline leveled off. Over the last decade, the incidence of smoking among adolescents has remained essentially constant." There are many possible reasons why these numbers have not declined. Some are a matter of simple economics. The American tobacco industry loses, and therefore must replace, approximately two million customers each year who either quit smoking or die. The vast majority of new customers will come from the ranks of young people. This fact is not lost on the tobacco industry. • A. Tobacco Companies Target Young People Every day our nation's youth are bombarded with commercial messages encouraging the use of tobacco. In 1991 alone, the tobacco industry spent over $4.6 billion dollars advertising and promoting tobacco products.12 Sophisticated multimillion dollar tobacco 10 U.S. Department of Health and Human Services. Health United States 1987. DHHS Pub. No. (PHS) 88-1232. National Center for Health Statistics, 1988. 11 DiFranza J.R., Norwood B.D., Garner D.W., Tye J.B.,"Legislative Efforts to Protect Children From Tobacco". Journal of the American Medical Association, Vol. 257, at 3387- 3389 (1987). Johnston, LD, O'Malley PM, Bachman JG. Smoking. Drinking and Illicit Drug Use Among American Secondary School Students. College Students, and Young Adults. 1975- 1991. Rockville, Maryland: U.S. Department of Health and Human Services, Public Health Service, Alcohol, Drug Abuse and Mental Health Administration. National Institute on Drug Abuse, 1992. I2 Federal Trade Commission Report to Congress for 1991 Pursuant to Federal Cigarette Labeling and Advertising Act, Washington D.C. -6- ad campaigns address the special psychological needs and concerns of youth, promising, by implication, that coolness, sophistication and peer acceptance will come with the purchase of the right package of cigarettes. These efforts have paid off. A recent study by the Centers for Disease Control shows that the three most heavily advertised cigarette brands — the ones represented by Joe Camel, the Marlboro Man, and young Newport couples — have captured eighty-six percent of the illegal teen market. These same brands, however, account for only thirty-five percent of overall tobacco sales, having far less appeal in the adult market. " The tobacco industry is also one of the biggest outdoor advertisers. In 1989, of the approximately three million billboards in the United States, thirty percent advertised tobacco and alcohol products." Inner city neighborhoods, in particular, are plastered with tobacco billboards portraying beautiful young smokers engaged in glamorous activities and lifestyles. Studies reveal that the intensity of cigarette billboard advertising in some states is two to three times greater in African-American neighborhoods than in white neighborhoods. These billboards which can be found next to homes, schools, churches, shopping centers, and stadiums and along rural, as well as inner city, streets expose children over and over again to pro tobacco messages, giving young people the impression that smoking is the social norm in this country. Increasingly, tobacco companies are marketing their products through promotional activities likely to appeal to youth, such as the sponsorship of sporting and musical events. The sponsorship of these events makes tobacco highly visible to youth and strengthens the association between cigarettes and athletic ability, artistic expression, entertainment, glamour, " U.S. Department of Health and Human Services, Changes in the Cigarette Brand Preferences of Adolescent Smokers - United States 1989-1993, Morbidity and Mortality Weekly Report, Vol. 43, No. 32, Aug. 19, 1994. 14 Fahey, Alison. "Outdoors Sets Limits," Advertising Age 61:26 (1990) at 57. -7- and individuality." Youth-oriented sports equipment, camping gear, boxer shorts, caps, and tee shirts, all carrying tobacco logos, are widely available for free, or at minimal cost, to those who smoke enough of a particular brand of cigarettes to collect the necessary coupons to redeem these products. Decked out in these items, kids become walking tobacco advertisements, carrying the industry's message into schoolrooms, playgrounds, parks and other places which would otherwise be off-limits to tobacco advertising. B. Youth Are Less Likely To Be Concerned About The Dangers These intense marketing campaigns are particularly effective with young adolescents, for whom peer acceptance holds great importance. Unfortunately, this same audience is the most likely to deny or ignore the proven dangers of tobacco. Adolescents, as a group, are notoriously unconcerned about risks in what they view as the distant future, and are simply unequipped to understand or evaluate the long-term hazards of tobacco. Young smokers are much more likely than adults to underestimate the harmful effects of tobacco use and do not recognize that experimentation with tobacco can quickly lead to addiction. Indeed, it is the inability of youngsters to make informed, mature decisions about potentially hazardous activities that has prompted the states to outlaw the sale to minors of tobacco, alcohol and other dangerous products. The available evidence demonstrates that young smokers believe that they will be able to avoid the harmful consequences of tobacco use. Although they understand that a lifetime of smoking is dangerous, young people tend to believe that smoking for a few years will not be harmful. Among twelve through eighteen-year-olds in the 1989 Teenage Attitudes and Practices Survey, twenty one percent of teen smokers said they believed that it is safe to 'S Growing Up Tobacco Free at 112. -8- sr.~',ke for only a year or two.16 Young people who smoke do not expect to smoke over a lifetime and, in fact, expect to smoke only for a few years. They believe, in short, that they car, escape the harmful consequences of an admittedly risky practice. What these youths do not appreciate is the power of nicotine addiction. Adolescents' failure to appreciate the long-term consequences of the decision to smoke is dramatically demonstrated by the University of Michigan's Monitoring the Future Study. As high school seniors, the subjects were asked "Do you think you will be smoking cigarettes five years from now?" Among respondents who were occasional smokers (less than one cigarette per day), eighty-five percent predicted that they probably or definitely would not be smoking in five years, as did thirty-two percent of those who smoked one pack per day. However, in a follow-up study conducted five to six years later, of those who had smoked one pack per day as seniors, only twelve percent had quit and seventy percent still smoked one pack or more per day. Of those who smoked occasionally as seniors, only fifty-eight percent had quit, while thirty-seven percent had actually increased their cigarette consumption." C. Minors Have Easy Access To Tobacco Youth who want to experiment with smoking have easy access to tobacco. Tobacco is sold virtually everywhere -- in gas stations, convenience stores, grocery stores, drug stores, and from vending machines. Despite the fact that every state has laws prohibiting the sale of cigarettes to minors, study after study shows that minors who want to smoke can purchase tobacco from almost any type of retail establishment where they attempt to buy it. 16 Allen, Karen, A. Moss, G.A. Giovino, D.R. Shopland, and J. P. Pierce, "Teenage Tobacco Use Data Estimates from the Teenage Attitudes and Practices Survey, United States, 1989." Advance Data No. 224 (1993): 9. 17 Johnson, Lloyd, P. O'Malley, and J. Buchman. "Monitoring the Future Study," The University of Michigan, Ann Arbor, January 31, 1994. -9- This easy access has sent a message to youth that the prevention of tobacco use by young people is not important in our society. Although school-based education programs have been developed to discourage children and teenagers from using tobacco, in their daily lives in the "real world," adolescents observe an abundant supply of tobacco, merchants willing to sell to them, enticing advertisements and promotions and little evidence that society in general views underage tobacco use as a real problem or a priority. Where Children Purchase Tobacco Understanding how and where minors obtain tobacco is critical to any effort to reduce youth access to tobacco. Despite existing laws, youngsters who smoke are able to purchase cigarettes from every type of retailer. The Secretary of Health and Human Services has estimated that three-fourths of the approximately one million tobacco outlets in the United States sell tobacco to minors, garnering over one billion dollars in sales each year." The University of Michigan's Monitoring the Future Study in 1993 found that seventy-five percent of eighth graders and eighty-nine percent of tenth graders reported that cigarettes would be fairly easy or very easy to get.19 And they are correct. Nearly all teen smokers have purchased a pack of cigarettes at least once. Studies show that most minors who smoke purchase their own cigarettes. In a 1990 survey of ninth grade students, conducted as part of the National Cancer Institute's COMMIT trial, sixty-seven percent of current smokers (those who had smoked at least once in the past month) reported that they usually bought their own cigarettes. Regular smokers 18 U.S. Department of Health and Human Services. "Model Sale of Tobacco Products to Minors Control Act: A Model Law Recommended for Adoption by States or Localities to Prevent the Sale of Tobacco Products to Minors." May 24, 1990; and DiFranza, Joseph R., and, Tye, Joe B. "Who Profits From Tobacco Sales to Children?", Journal of the American Medical Association 263:20 (1990): 2784-2787. 19 Johnston, L., J. Bachman, and P. O'Malley. "Monitoring the Future Study." Press release. The University of Michigan, Ann Arbor, January 27, 1994. -10- (defined smoking daily within the past month) were nearly twice as likely as occasional smokers to report buying their own cigarettes.20 In a vending machine industry survey, seventy- two percent of teenage smokers reported that they purchased their own cigarettes.21 In the COMMIT survey, eighty-two percent of ninth grade students said that it would be easy for them to obtain cigarettes.22 The accuracy of this perception has been confirmed in numerous trials designed to measure the prevalence of retail sales of tobacco to minors. The Surgeon General recently summarized thirteen studies of over-the-counter sales, noting that the weighted average of the percentage of minors able to purchase tobacco was sixty-seven percent ranging from thirty- two percent to eighty-seven percent. In studies that include vending machine sales, the weighted average of successful purchases was eighty-eight percent ranging from eighty-two percent to one hundred percent.23 The most prevalent sources of cigarettes for underage buyers are small convenience stores and gas stations, followed by larger stores such as supermarkets.24 Among the youngest of adolescents, vending machines are a popular source.23 20 Cummings, K. Michael, Eva Sciandra, Terry F. Pechacek, Mario Orlandi, and William R. Lynn for the COMMIT Research Group. "Where Teenagers Get Their Cigarettes: A Survey of the Purchasing Habits of 13-16 Year Olds in 12 U.S. Communities." Tobacco Control 1 (1992): 264-267. ("Cummings et al.") 21 Response Research, Inc. Study of Teenage Cigarettes Smoking and Purchase Behavior. For the National Automatic Merchandising Association. Chicago: June/July 1989. ("Response Research") 22 Cummings, K. Michael, Terry Pechacek, and Donald Shopland. "The Illegal Sale of Cigarettes to U. S. Minors: Estimates by State." American Journal of Public Health 84:2 (1994): 300-302. 23 1994 Surgeon General's Report at 249. 24 Cummings et al. 1992 and Response Research. zs Growing Up Tobacco Free at 202. -11- IL INCREASED LAW ENFORCEMENT EFFORTS Government, at all levels, has now begun to address the problem of youth access to tobacco seriously. Consequently, we can expect to see much stricter enforcement of laws prohibiting the sale of tobacco to minors in the near future. Historically, some states have been much more active than others. In Florida, for example, a tobacco enforcement staff of the Department of Business Regulations (funded by tobacco vendor licensing fees) conducts compliance checks using underage test shoppers, observes buys and responds to consumer complaints about retailers who sell tobacco to minors. In Vermont, the Department of Liquor Control recently sent signs, posters and license applications to all tobacco retailers in the state. A team of fourteen liquor control inspectors then conducted random, unannounced visits to monitor compliance. Utah, California, Massachusetts, Minnesota, North Dakota, New Jersey and many other states fund local initiatives to reduce youth access as part of broader tobacco control efforts.' On the local level, many towns and smaller municipalities and communities conduct their own compliance checks, issue citations, collect funds, and where permitted, suspend a vendor's license for violations. The Massachusetts Attorney General recently conducted a state-wide investigation to determine the level of compliance with that state's laws prohibiting the sale of tobacco to minors. In more than 200 compliance checks, underage minors (acting under adult supervision and with their parents' permission) were successful at purchasing tobacco in two out of every three attempts. Massachusetts followed up this effort with law enforcement activity and has now entered into several settlement agreements to ensure compliance by its merchants. Because of new directives from the federal government, tobacco retailers can expect to see a significant increase in state enforcement of youth access laws in the next few '6 Office of the Inspector General, Youth Access To Tobacco, Dept. of Health and Human Services. Dec. 1992. -12- years. In 1992, Congress enacted Section 1926 of the Alcohol, Drug Abuse and Mental Administration Reorganization Act (Public Law 102-321), commonly called the "Synar Amendment," which requires states to enact and systematically enforce laws prohibiting the sale of tobacco products to minors. States that fail to actively enforce these laws will gradually lose federal block grant funding for substance abuse prevention and treatment programs. The law provides that states that do not enforce their "no-sales-to-minors" tobacco laws will lose ten percent of their federal grant funds the first year, twenty percent the second year, thirty percent the third year and forty percent in subsequent years. Because these grants are substantial (for example, New York's grant for 1994 was $103,643,000), and because they fund crucial substance abuse programs, states are likely to make an all-out effort to retain them. Because of these high stakes, tobacco retailers can expect to see a dramatic increase in enforcement of no-sales-to-minors tobacco laws at the state level. . III. THE ATTORNEYS GENERAL'S INITIATIVE The participating Attorneys General, as the chief civil law enforcement officers of their respective states, are very concerned about the illegal sale of tobacco products to minors. An environment in which minors can easily buy tobacco, increases the likelihood that youth will experiment with, and ultimately become addicted to, tobacco. Moreover, young people's respect for the law and public policy is severely damaged in an environment where retailers routinely violate the law and allow youth easy, illegal access to tobacco. In May 1994, in an effort to address the widespread availability of tobacco products to minors, the Attorneys General of twelve states formed a Working Group to study this problem. Two things became immediately clear to the Working Group. First, the retail community's current efforts to ensure compliance with the laws prohibiting sale of tobacco to -13- minors are inadequate. Second, it is crucial to have tobacco retailers' active voluntary involvement in any overall strategy to reduce the use of tobacco by underage youth in America. To get a better understanding of what measures retailers already have in place to prevent these illegal sales, the Working Group, after obtaining written submissions from a number of retailers, held a series of meetings with representatives from a cross-section of tobacco retailers. Participating in these meetings were the principal trade associations representing convenience stores, grocery stores, drugstores and mass retailers, as well as nine of the nation's largest retail chains, including representatives from major convenience stores, gas stations, discount retailers and a supermarket chain. The following is a summary of what we learned. How The Retail Industry Is Currently Addressing The Problem A. Gas Station Stores These small stores, which have become a fixture at most of the nation's filling stations, do a land office tobacco business. For many gas stations, cigarettes are the largest source of income after gasoline. In fact, cigarettes represent as much as forty to sixty percent of non-gasoline sales at such stores. Despite this high volume of tobacco business, gas station store operators told us that their industry has long given higher priority to preventing underage alcohol sales than to the prevention of illegal tobacco sales. There are two principal reasons for this. First, society has emphasized the problem of teen drinking, because of the tragedies caused by drinking and driving. Second, stores have given greater attention to the sale of alcohol because of the stores' potential liability if an underage person purchases alcohol and is subsequently involved in a car accident. Gas station stores rely primarily on their employee training programs to achieve compliance with state laws regarding the sale of age-restricted products. However, the training -14- programs that the Working Group was able to review were minimal in nature. Under these programs only station managers receive extensive training, while new clerks are generally trained on the job. New employees are taught the legal age for the purchase of tobacco and instructed not to sell to people below the legal age, but are given little additional instruction. Typically, new employees are required to sign a form acknowledging that they have received this instruction. These forms underscore the importance of the no-sales-to-minors laws, but to some extent also serve to allow the retailer to attempt to shift responsibility for violations to the individual employees and away from the employer corporation. Many gas station stores post signs warning that it is illegal to sell tobacco to minors, and some post signs that age identification will be required. In some stores, a chart or legal "time clock" is posted near the cash register to help cashiers determine whether a customer's identification is acceptable. In most cases, however, these charts and time clocks only address the legal drinking age for alcohol and do not show the date of birth required for the lawful purchase of tobacco products. Because many gas station stores have only one employee on duty at a time, and because robberies are a serious problem, a majority have surveillance cameras focused on the cash registers. Cigarettes are almost always kept behind the cash register counter, some of which are protected by bulletproof glass. These measures are intended for security purposes. However, they also are likely to have some deterrent effect on minors seeking to make purchases. Although most of the gas station store operators with whom we met have not made the prevention of illegal tobacco sales to minors a high priority, at least two companies have taken extraordinary measures on their own initiative. Because of the public controversy surrounding R.J. Reynold's "Joe Camel" advertising campaign -- which many believe has the effect, if not the purpose, of marketing cigarettes to children -- two oil companies have directed -15- their store managers to remove all Joe Camel advertising from their stores. In addition, one of these companies has elected not to sell cigarettes that come packaged with special promotional items like hats, T-shirts, mugs or lighters bearing cigarette company logos. Because the law prohibits the sale of tobacco to minors, these companies decided that it was inappropriate for a retailer to display advertising or to sell promotional items that are particularly attractive to youth and may encourage them to break the law. The smaller of these two companies, faced with what it saw as a worst case scenario --- a workforce composed mostly of young people between the ages of seventeen and twenty, and a very young customer base --- has also implemented a comprehensive self- monitoring system to make sure its employees comply with laws prohibiting the sale of tobacco to minors. This company has directed all area managers to send young "decoy shoppers" into each of their stores, once a month, as a test to see whether employees request age identification before selling tobacco. If an employee complies with the law, he or she is given a reward such as movie tickets, and a letter of commendation. If an employee makes an illegal sale, the area manager sits down with the employee immediately to discuss the problem and issues a written warning. According to the company, these monthly checks, coupled with the immediate follow-up of a reward or disciplinary action, have been extremely effective in reducing illegal tobacco sales to minors. In addition, the company's auditing departments, which oversee large numbers of store operations by region, have two full-time employees who constantly monitor for compliance by conducting random test shoppings. When the company was asked about the expense of this program, the Working Group was told that the cost is not an issue. In the company's view, compliance with the law is simply a necessary cost of doing business. As a result of this two-tiered monitoring system, this company is widely regarded as having an exemplary record for compliance.' 27 1994 Surgeon General's Report at 254-255. -16- B. Convenience Stores Like gas station stores, convenience stores depend heavily on tobacco sales for revenue. Tobacco products typically account for twenty to thirty percent of the sales at these stores. Convenience stores also rely on training to ensure that their employees comply with state laws regarding the sale of age-restricted products -- such as lottery tickets, alcohol, tobacco and adult magazines -- which make up much of a convenience store's stock in trade. Some large convenience store chains have developed extensive training programs that include classroom sessions, videotapes and self-testing systems. They use these programs to train new employees in their corporate-owned stores, and make the training materials available to franchisees for their employee training. Independently-owned convenience stores can obtain a similar training program from their trade association, the National Association of Convenience Stores. The most sophisticated and comprehensive training programs the Working Group reviewed include videos that teach employees, how to determine a customer's age, when and how to check for identification, what types of identification to accept, how to recognize false identification, how to handle a customer who tries to make an illegal underage purchase, how to handle second-party sales (in which a person of legal age is clearly making the purchase for a minor), how to handle an abusive customer, and the consequences of making an illegal sale. To complete these training programs, new employees must pass a written test and acknowledge in writing that the law prohibits underage tobacco sales and that they will not sell tobacco to minors. Several stores indicated that an employee who violated this agreement would receive a warning for a first offense and would be terminated for a second. Historically, these employee training programs emphasized the prevention of illegal alcohol sales to minors. Some chains acknowledged, quite candidly, that they had not -17- focused on tobacco. They said that they had not felt it necessary to emphasize tobacco sales laws in their training materials because there had been so little enforcement of these laws, and because society had not taken as dim a view of teen smoking as it had of underage drinking. The companies we met with assured us this is no longer their view. In fact, many had already begun revising their training materials to give illegal tobacco sales the same emphasis and importance as illegal alcohol sales. Complying with the law is made more difficult for convenience stores, as it is for gas stations and supermarkets, by their extraordinary rate of employee turnover. In one typical chain, for example, the average cashier spends only eighty-eight days in the position. Because of this very high turnover rate, convenience stores cannot afford to' send new employees to lengthy training sessions at outside facilities. Instead, they rely on in-house training programs, often on videotapes. One company is now developing a pilot, interactive, multi-media program on CD-ROM so that soon, any of its stores with a computer will be able to give each of its new employees quality training. • • Convenience stores also employ other measures that may help to reduce the likelihood of underage tobacco sales. Many post signs advising the public that it is illegal to sell tobacco products to minors, and that they require proof of age for these purchases. Because of theft problems, most convenience stores keep tobacco products behind the sales counter or in a locked storage area. The fact that minors have to ask for tobacco to make a purchase is also believed to have some deterrent effect on illegal sales. C. Supermarket Chains Tobacco sales are only a small part of the business of supermarkets, accounting for less than five percent of their total sales, yet some members of this industry use the most technologically advanced equipment to help ensure that tobacco products are not sold illegally to minors. Almost all supermarkets now use highly sophisticated price scanners at the checkout -18- counter. At least two major national chains have programmed these price scanners so that when a tobacco product is scanned, the register stops scanning, and displays a message prompting the checker to request age identification. If the customer appears to be unquestionably over the legal age limit i.e., at least twenty-six or thirty years old), these grocery chains allow their checkers to use an override code to continue scanning the customer's purchases without requesting identification. However, if there is any question as to whether the customer is of legal age, the checker must ask for a photo identification. Some scanner systems simply require the checker to inspect the identification and then enter a code before continuing to scan the customers other purchases. Other systems specifically require the checker to key the customer's birthdate into the register for automatic approval. If the identification indicates that the customer is under the legal age (or if the identification appears to have been tampered with), the sale is rejected and the checker removes the tobacco product from the counter. This is relatively new technology, but the supermarket chains that are using it indicated that it is working without major problems and that it is not expensive to program existing scanners to perform this function. New supermarket employees also go through training which includes instruction on the sale of tobacco and other age-restricted products. According to the industry representatives with whom we met, an estimated sixty-five to seventy-five percent of workers at their supermarket check-out counters are themselves under the age of eighteen, and the turnover rate is very high. Retailers said that this makes training difficult. Because of the large number of items in the average shopping cart, and the pressure on checkers to serve customers quickly, several supermarket chains have determined that a point-of-sale reminder to check for identification, in the scanner itself, is the best means to ensure compliance with laws setting age restrictions on the purchase of tobacco. -19- D. Drugstores Although the Working Group did not meet with drugstore owners, we did meet with the National Association of Chain Drug Stores ("NACDS"), a trade association representing 155 chain companies that operate approximately 30,000 retail pharmacies nationwide. Based on the overview they provided, we learned that tobacco sales account for only a small percentage of the drugstore business and that sales have decreased from seven percent of total sales in the mid-1980's to only three and one-half percent of total sales today. According to NACDS, the typical shopper in a chain drugstore is a thirty-five to sixty year old woman who comes in about twice a month to fill a prescription or to purchase over-the-counter drugs or cosmetics. Tobacco is generally an incidental purchase, which drugstores sell as a convenience to customers, but not to attract them. Accordingly, drugstores do not, as a general rule, advertise cigarettes, use aggressive price promotions or use in-store promotional displays provided by tobacco companies. Most large chain drugstores train new employees by using videotapes with instructions on the legal age to purchase tobacco, handling customers who get upset when age identification is requested, and acceptable forms of identification. Many chain drugstores also display signs warning customers that the legal age to purchase cigarettes is eighteen and that age identification will be required. Tobacco products are generally kept in the front of the store, either near the cash register or behind the counter. Tobacco is almost never sold in the pharmacy section of the store. Although sixty percent of chain drug stores use cash register scanners, NACDS was not aware of any chains whose scanners are programmed to lock when a tobacco product is scanned. Tobacco control activists have criticized drugstores for selling tobacco because their primary purpose is to provide health care products. They argue that it is hypocritical for a store to sell cigarettes and smokeless tobacco alongside nicotine patches and other medical -20- devices intended to help people overcome nicotine addiction. Despite this criticism, and although in isolated instances some individual drug stores have opted to go tobacco free, the Working Group is unaware of any widespread move by drugstores in this country to stop selling tobacco. E. Discount Stores The Working Group also met with representatives of three of the nation's largest discount retail chains and their trade association, the International Mass Retail Association. These discount retailers told us that tobacco accounts for very little of their business, comprising less than one percent of their total sales. They indicated that they sell cigarettes primarily as a convenience to their customers, who they told us generally do not come to their stores for the purpose of buying cigarettes, but who might shop elsewhere if cigarettes were not available. Discount chains told us that they do not believe that illegal tobacco sales to minors are a major problem in their sector of retailing, because only a small percentage of their customers are under the age of eighteen, and because almost all of their cigarette sales are by the carton. They believe that minors generally cannot afford to buy cigarettes by the carton, opting instead for single packs. Despite these assertions, compliance checks around the country demonstrate that discount stores are just as likely to sell cigarettes to an underage decoy as are other types of stores. Although discount store employees at the companies we met with do receive some training in the sale of age-restricted products, these programs put no special emphasis on tobacco. The employees are not required to sign acknowledgments that they understand and will comply with the laws against tobacco sales to minors. Nor do these discount stores post signs advising that it is illegal to sell tobacco to minors or that they require age identification, unless such signs are required by law. Although most of the major discount stores use electronic scanners, the Working Group is aware of only one chain that is testing the use of -21- scanners programmed to instruct the cashier to request age identification whenever a tobacco product is scanned. F. Tobacco Industry Voluntary Compliance Programs In late 1990, the Tobacco Institute introduced the "It's the Law" program, an educational campaign to help curb youth access to cigarettes through the distribution of window decals, in-store signs and educational materials to merchants. Some versions of these materials state "It's the law. You must be over 18 to buy tobacco products."28 Some critics have expressed concern that this wording seems to suggest that an underage purchaser will have committed a crime (whereas, in most states, the law applies to sellers, and not the buyers), and that this language may discourage parents from reporting unlawful sales. In a study conducted in Massachusetts, to assess compliance with that state's laws, underage shoppers were sent into seven businesses participating in the "It's the Law" program. Six of the merchants (eighty- six percent) made illegal sales, approximately the same rate of violation as among non- participating merchants.29 R.J. Reynolds (RJR)offers a similar program called "Support the Law, It Works." This program includes in-store signs, stickers, brochures and other materials, as well as television public service announcements. In 1994, RJR also became the sponsor of a program offered by the U.S. Junior Chamber of Commerce. This program, called "JAYS," or "Jaycees Against Youth Smoking," is a community service program to encourage retailers to support tobacco sales-to-minors laws. It incorporates many of the materials developed by RJR for the 28 Other versions of these materials state, "It's the Law. We do not sell tobacco products to persons under 18." 29 DiFranza, J.R., and Brown, L.J. "The Tobacco Institute's "It's the law" campaign: has it halted illegal sales of tobacco to children?," American Journal of Public Health 1992; 82(9):1271-1272. -22- "Suppo --he Law" program. The Working Group has not identified any studies of the effectiveness of these programs. We are concerned about their effectiveness because these programs are missing what many believe is the most essential component of any effort to prevent illegal tobacco sales to minors -- compliance checks. In general, the Working Group supports programs for voluntary compliance, but believes they must be designed and implemented carefully. Nothing in such a program should be designed or calculated to minimize the seller's responsibility for compliance with the law, or to shift attention or emphasis away from that responsibility and onto the underage customer. Most importantly, the posting of a few signs should never become a substitute for effective oversight of a retailer's workforce. The most meaningful test of the effectiveness of any voluntary compliance program, the Working Group believes, is whether it significantly reduces the rate of illegal sales by that business. Participation in a voluntary compliance program does not, by itself, satisfy a business's responsibilities under the law, unless it in fact prevents unlawful sales, and businesses should be careful not to assume that, simply because they participate in one of these programs, they have met their legal obligations. G. Distribution Subsidies Although the tobacco industry purports to be concerned about illegal tobacco sales to minors, tobacco companies spend approximately one and a half billion dollars each year in subsidies to retailers to ensure that a wide variety of tobacco products are openly displayed and kept in easy reach of all consumers, including minors.30 Tobacco companies offer financial rewards to retailers who are willing to stock several different brands of cigarettes, even those with little market demand. In addition, retailers are offered financial incentives to place certain tobacco products in highly visible self-service displays, either at the checkout counter or in free 3° Federal Trade Commission. Report to Congress for 1992 Pursuant to the Federal Cigarette Labeling and Advertising Act, Washington, D.C., 1994. -23- standing displays." Self-service displays make it much easier for minors to purchase or pilfer tobacco. The Working Group believes that, if the tobacco industry is sincere in its desire to keep tobacco products out the hands of minors, it should offer financial incentives to retailers who keep tobacco behind the counter or in other controlled locations, instead of those who make tobacco readily available to youth by keeping it out in open displays. IV. RECOMMENDATIONS FOR RESPONSIBLE RETAILING Despite the efforts by the retail industry outlined above, the overwhelming evidence shows that, when presented with an underage customer attempting to purchase cigarettes, most retailers are as likely to violate the law as they are to comply with it.' The Attorneys General believe that this does not constitute adequate compliance with the law. Society should not tolerate this level of disregard for any important law, and certainly not open disregard for laws that so strongly affect the well-being of future generations. Retailers have a duty to tackle this problem affirmatively, not simply because the law requires it, but because they are in the best position to reduce minors' access to tobacco. To be effective, retailers must do more to prevent illegal underage sales. If they cannot, or will not, control these sales through their own initiative, society will inevitably impose stronger measures, through legislation or litigation, to insure that they do. Fortunately, based on our meetings with major retailers and trade associations, the Working Group is convinced that many in the retailing community are willing to do more to " Comerford, Anthony, M.A. and Slade, John, M.D. "Selling Cigarettes: A Salesman's Perspective". Prepared for Institute of Medicine, National Academy of Sciences, Washington, D.C. 1994. 32 See, e.g., Center for Disease Control, Morbidity and Mortality Weekly Report, February 26, 1993, Vol. 42, 125 (describing studies in Missouri and Texas where attempted illegal purchasers were successful forty-six percent and sixty-two percent of the time, respectively). See also Report on the Sale of Tobacco to Minors in Massachusetts, Scott Harshbarger, Attorney General of the Commonwealth of Massachusetts, April, 1994, reporting that in sixty-four percent of some 248 attempted purchases, Massachusetts retailers sold tobacco illegally to test shoppers between the ages of thirteen and seventeen. • -24- address this problem. Many are beginning to re-examine the issue, and some are implementing creative approaches to better comply with the law. But much more needs to be done. The Working Group believes that responsible retailers can significantly reduce illegal sales by implementing the following policies. 1. USE SECRET SHOPPERS TO MONITOR EMPLOYEE COMPLIANCE WITH THE LAW. AND REWARD EMPLOYEES WHO COMPLY At least one company told us, and we agree, that the most effective thing a retailer can do to prevent illegal tobacco sales to minors is to use a "secret shopper" program to test its stores for compliance. Secret shoppers are employees who visit company stores, posing as customers, to assess how the store is maintained and managed and to test for employee honesty. Almost every company we met with already uses secret shoppers as a routine part of its business, to monitor everything from product placement to restroom cleanliness. While several companies had used their secret shoppers to monitor their stores' compliance with laws prohibiting alcohol.sales to minors, only one had used these.programs to test for illegal tobacco sales. Retailers acknowledged that simply notifying employees that a company uses a secret shopper system is itself a powerful deterrent to unlawful employee conduct. If workers know their employers are using young undercover decoy shoppers to test whether they are selling tobacco to underage buyers, it is far less likely that such sales will take place. In addition, if attractive rewards are offered to employees who comply with the law and swift disciplinary measures are taken whenever there is a violation, word will quickly spread that the company takes the problem of illegal cigarette sales to minors seriously. Although the Working Group believes that state and local law enforcement efforts must also be increased, the private sector is in the best position to actively monitor and control its own compliance with the law. • -25- Moreover, the Working Group believes these programs will have an additional beneficial effect, in that they will educate senior managers about the widespread nature of the violations of law occurring today. The Working Group was struck by retailers' lack of awareness of the problem, and by their frequent insistence that, whatever the situation in others' facilities, violations in their own stores were uncommon. Despite the apparent sincerity of these beliefs, overwhelming evidence has shown that violations are common, if not the norm, in most stores. In-house secret shopper programs will help company executives face the facts about their own company's conduct -- and that, the Working Group believes, may be the essential first step toward effective change. 2. PROGRAM EXISTING ELECTRONIC PRICE SCANNERS WITH TOBACCO "LOCKS" TO HELP CONTROL TOBACCO SALES The concept of programming electronic price scanners to interrupt the purchase of tobacco products,: by prompting sales clerks to .check the customer's identification, and requiring the cashier to key in an override code to proceed with the customer's other purchases, was the most innovative approach to preventing underage tobacco sales that the Working Group encountered in its review. Some scanners now being used for this purpose offer an added benefit, in that, when they prompt a cashier to check identification, the scanners also display the last acceptable date of birth i.e., the date eighteen years prior to the date of the transaction). This spares cashiers the burden of making frequent and ever-changing mental calculations while under pressure to serve a line of impatient customers. Some of these scanners have also been programmed to require the cashier to key in the customer's birthdate or some other data to confirm that the cashier did, in fact, examine identification. These innovations demonstrate that the private sector has the resources and creativity to develop effective new techniques for reducing tobacco sales to minors. The Working Group strongly recommends that retailers who use electronic scanners program these -26- machines to "lock" when a tobacco product is scanned and to prompt the cashier to check for identification. This enhancement significantly improves a retailer's ability to prevent illegal sales. Because many cashiers are teenagers themselves, they are often reluctant to ask their peers for age identification. By requiring them to do so, the scanner not only serves as a reminder, but actually removes some of the burden on a young employee who must request identification from, or refuse a tobacco sale to, one of his or her peers. 3. EXPEDITE THE USE OF PRICE SCANNER SYSTEMS WITH TOBACCO "LOCKS" Many companies indicated that they were considering switching from their current cash register systems to price scanning devices. Because scanners with tobacco "locks" offer an excellent means of reducing illegal tobacco sales, the Working Group recommends that these companies expedite their plans to switch to scanner systems and only consider scanners that can be programmed to cue for age identification whenever tobacco products are scanned. 4. DEVELOP EFFECTIVE TRAINING ON AVOIDING ILLEGAL TOBACCO SALES TO MINORS, AND GIVE THIS TRAINING EQUAL EMPHASIS WITH THAT GIVEN TO TRAINING ON AVOIDING ILLEGAL ALCOHOL SALES Underage tobacco sales have been neglected in most retail training programs regarding age-restricted products. Although the majority of training programs include detailed instruction on preventing illegal alcohol sales to minors, illegal tobacco sales are often mentioned only as an aside, and sometimes not at all. Tobacco retailers should immediately redesign or develop training programs that emphasize the importance of compliance with laws prohibiting tobacco sales to minors. At a minimum, these training programs should include: a clear definition of what constitutes a tobacco product (including smokeless tobacco) the legal age for purchase instructions on when and how to ask for identification -27- age identification checks for any customer who appears to be less than twenty six years old instruction on the acceptable forms of identification written materials that include samples of acceptable identification instruction on how to detect false identification instructions on when and how to refuse a sale - instructions on how to refuse second-party sales (where an adult clearly purchases for a minor) the consequences of making an illegal sale After completing training, all employees should be tested to ensure they understand what they have been taught. They should also be required to sign an acknowledgment that they understand that tobacco sales to minors are illegal, that they will comply with these laws and that the company may fire them if they fail to comply. 5. HOLD STORE MANAGERS ACCOUNTABLE FOR THEIR STORES' COMPLIANCE WITH THE LAW Mystery shoppers, scanners with tobacco locks and training programs are all geared toward improving compliance by cashiers and sales clerks. However, many existing state laws hold only the individual involved in the sale, and not the store manager or corporation, responsible for illegal tobacco sales to minors. The Working Group believes that, in order to really improve compliance, retailers need to make their store and corporate managers accountable for the company's compliance with state laws banning tobacco sales to minors. Managers who know that they will be held responsible for violations, and who risk losing their jobs if tobacco is illegally sold to minors in their stores, will do a much better job training and supervising their employees with respect to this issue. -28- 6. KEEP TOBACCO PRODUCTS BEHIND THE SALES COUNTER OR IN LOCKED CASES By keeping tobacco products off the open shelves, retailers can discourage underage buyers. Many retailers told us that, to cut down on theft problems, they already keep cartons of cigarettes behind the counter and single packages of cigarettes at the register. By relocating tobacco products so that minors do not have easy access to them, retailers can reduce the possibility of illegal sales as well as shoplifting. Very young buyers, in particular, are less likely to shop for tobacco products in stores where they have to call attention to themselves by asking a clerk for the product. Although some retailers told the Working Group that it would be difficult or expensive to place tobacco in locked cases or behind the counters in their stores, many of these same companies are voluntarily doing precisely that when it serves to prevent shoplifting. We believe that compliance with no-sales-to-minors laws is every bit as important as preventing theft, and that tobacco should only be sold from these controlled settings. The Working Group understands that many retailers are reluctant to put tobacco products behind the counter because they will then lose the substantial fees that tobacco companies pay to have their products prominently displayed on the open shelves. Tobacco companies could play a key role in keeping tobacco out of the hands of minors by offering those same financial incentives to retailers who sell tobacco only from controlled locations. 7. DO NOT SELL SINGLE CIGARETTES EITHER IN OPEN DISPLAYS OR FROM BEHIND THE COUNTER Despite the federal prohibition on selling tobacco without the required warning label, retailers sometimes remove cigarettes from their original packages and sell them individually. These single cigarettes or "loosies" are often kept behind the counter rather than displayed, and are significantly more likely to be sold to minors than to adults. At ten to twenty cents each, single cigarettes can be very attractive to price-sensitive youngsters. Their -29- low cost and easy access may actually encourage children, who might otherwise not have the opportunity, to experiment with tobacco. The Working Group has been advised that some tobacco companies are now considering packaging single cigarettes in individual wrappers, with the federally-mandated warning, so that they can legally market this product themselves. Regardless of how they are packaged, because of their particular allure for children, the Working Group believes that retailers should not sell single cigarettes at all. 8. POST PROMINENT SIGNS TO REINFORCE THE LAW During the course of this investigation, the Working Group has had an opportunity to review a wide variety of signs, store displays, buttons and legal time clocks that retailers use to notify the public about age restrictions on tobacco sales. In one focus group study, conducted by a major national convenience store chain, young adult smokers said that, as minors, they avoided shopping for tobacco in stores that posted signs warning that the store checked for age identification. Signs saying ."NO .ID—NO SALE" were viewed as more effective than those that simply announce that it is against the law to sell tobacco products to persons under eighteen years of age. Some stores also post a "legal time clock," which changes daily and displays the last acceptable date of birth for a legal sale. For example a legal time clock might say: IF YOU WERE BORN AFTER JANUARY 1, 1978 IT IS ILLEGAL TO SELL TOBACCO TO YOU IN THIS STATE. WE CHECK ID -30- These legal time clocks, which have been widely used to control illegal alcohol sales, notify minors that is the retailer's policy to check identification. They also make it easier for clerks • to determine whether an identification is acceptable. The Working Group believes that these devices should also be used to prevent illegal tobacco sales. Some jurisdictions already require retailers to display signs disclosing age restrictions on tobacco sales. Some retailers also have their cashiers wear buttons reminding customers, at the point of sale, that tobacco purchases require proper identification. Even without a legal requirement, the Working Group believes that, given the small cost involved in signage, and its potential deterrent effect, all tobacco retailers should prominently post signs notifying the public that they do not sell tobacco products to any one under the legal age and that they require and check age identification. Focus group studies also show that minors are less likely to attempt to purchase tobacco in stores where there is a surveillance camera behind the cash register. Since many stores already utilize these cameras for security reasons, the Working Group recommends more widespread use to deter illegal tobacco sales. Also, used in conjunction with in-house secret shopper programs, surveillance cameras make it easier for companies to monitor the conduct of their employees and to hold managers responsible for non-compliance. 9. REMOVE CIGARETTE VENDING MACHINES FROM RETAIL STORES Vending machines provide the best source of cigarettes for very young smokers. In a study commissioned by the vending machine industry, thirteen-year-olds were eleven times more likely to purchase tobacco from vending machines than seventeen-year-olds.33 Because very young children rely heavily on vending machines as a major source of tobacco products, 33 Response Research, Inc., "Study of Teenage Cigarette Smoking and Purchase Behavior" for the National Automatic Merchandising Association. Chicago: June/July 1989. -31- and because their use of these machines is difficult to police, retail stores should remove cigarette vending machines from their premises and sell tobacco products only from the controlled settings recommended above. At a minimum, such vending machines should require special tokens, that can only be purchased from a store manager, or be programed to operate only if a cashier activates the machine from a remote control switch. 10. REQUIRE PROOF OF AGE, IN THE FORM OF A RELIABLE PHOTOGRAPHIC IDENTIFICATION, FOR ANYONE WHO APPEARS TO BE TWENTY-FIVE OR YOUNGER The training films used by some of the retailers with whom we met graphically demonstrate how difficult it is to accurately determine the age of a customer. For precisely that reason, many retailers instruct their employees to check the identification of anyone who appears to be younger than twenty-six, or even thirty years old, before selling them tobacco. The Working Group believes that all retailers should follow this model and request identification from every customer who does not appear to be of a "base age," which the Working Group believes should be, at a minimum, twenty-six years old. Some retailers are very restrictive about the type of identification that they will accept as proof of age, while others will accept any document bearing a purported birthdate. Because of the proliferation of forged identifications, retailers should restrict acceptable identification to those that are the most reliable --- primarily government-issued photo identifications such as drivers' licenses, state-issued identification cards, military identification cards and passports. States could make the process of scrutinizing identification easier for retailers by color coding them or otherwise marking drivers licenses to make it easy to distinguish the license of individuals under eighteen or between the ages of eighteen and twenty- one. Employees should also be instructed to check the date of birth closely to make sure that it has not been altered; to check to see if the description on the identification matches the customer; and to examine the photograph to see if it matches the customer or has been tampered -32- with. Guidebooks, which include photographs and descriptions of sample drivers' licenses from each of the fifty states, should also be made available as a reference at the cash register. 11. REMOVE ADVERTISEMENTS, IN-STORE DISPLAYS AND PROMOTIONAL ITEMS THAT ENCOURAGE MINORS TO BUY TOBACCO At the same time that the states are wrestling with ways to improve their enforcement of laws prohibiting the sale of tobacco to minors, tobacco companies are engaging in multi-million dollar advertising campaigns designed to make smoking particularly attractive to adolescents. Retailers who are sincere in their desire to support laws restricting the sale of tobacco products to minors should not undercut these laws by posting advertisements or offering special promotions that target youth. At least two oil companies have already directed their corporate-owned gas stations to remove these types of advertisements and promotions and the Working Group recommends that others retailers follow their lead. While tobacco companies deny that any of their promotions are designed to appeal to minors, the Working Group believes that retailers, using their own good judgment and.common sense, can identify those promotions which have a particular appeal for youth. 12. IN THE ALTERNATIVE, RETAILERS WHO PREFER NOT TO TAKE PROACTIVE STEPS TO PREVENT ILLEGAL SALES SHOULD CONSIDER SIMPLY ELIMINATING TOBACCO FROM THEIR STORES Some of the retailers with whom we met indicated that, because tobacco comprised only a small part of their business, they are not able to spend resources on improved training or scanner technology designed to decrease illegal sales to minors and are not willing to place the product behind the counter or display age restriction signs unless required to do so by law. The Working Group believes that a retailer who is not able or willing to take the -33- serious steps necessary to improve compliance with the law should consider eliminating tobacco products from its stores altogether. The Working Group, in particular, recommends that pharmacies give strong consideration to eliminating tobacco from their store inventory. Such a move would send a strong message to youth that tobacco products are incompatible with good health. Dozens of individual drugstore owners in New York, Utah, Washington and other states have opted to go tobacco free on their own initiative. In Michigan a coalition of pharmacists, physicians, a pharmaceutical company and the Department of Health have recently undertaken an effort to discourage pharmacies from selling tobacco (under the banner of the "Tobacco-Free Pharmacy" campaign) and as of October 1993, more than 60 pharmacies were participating in the program!' In Minnesota, where the state pharmacists' association has recommended since 1987 that its members discontinue the sale of tobacco, an estimated 100 independent pharmacies have taken tobacco off their shelves. And, in Connecticut, a chain of 40 drugstores operated by the Arrow Corporation have also voluntarily gone tobacco free. • V. LEGISLATIVE RECOMMENDATIONS State and local governments share some of the responsibility for the ease with which young people can illegally buy tobacco today. Although every state has laws banning the sale of tobacco to minors, many of those laws are weak, and enforcement overall is lax. As mentioned above, legislation adopted by Congress in 1992 requires states to enact and systematically enforce meaningful sales-to-minors laws, or face the loss of substantial federal grant funds. As implementing regulations for this legislation are adopted, states will be re- examining their existing laws and developing improved enforcement strategies. 34 U.S. Department of Health and Human Services, "Healthy People 2000: National Health Promotion and Disease Prevention Objectives Update", Dept. of Health and Human Services. October/November 1993. -34- As this process proceeds, the Working Group believes several principles should guide the design of legislation. 1. LEGISLATURES SHOULD BE WARY OF SOLUTIONS ADVANCED BY THE TOBACCO INDUSTRY Faced with the prospect that state laws may be strengthened, the tobacco industry's principal trade association, the Tobacco Institute, has initiated a campaign to avert effective reform by enacting its own weaker proposals, designed to give the false appearance of reform without effecting meaningful change. Tobacco companies endorse legislation that makes it illegal to "knowingly" or "intentionally" sell tobacco to minors. Such laws would be violated only if the seller knew, or reasonably should have known, that the purchaser was under eighteen years of age. In practice, these intent requirements operate to relieve stores of liability and to make meaningful enforcement of no-sales-to-minors laws difficult, if not impossible. In some states, these proposals may be put forward by grocers, convenience store operators or other retailers, without public disclosure of their true origin. In 1994, the Tobacco Institute identified twenty "priority target states" for their legislative campaign, according to one retail trade association." Legislators in all states, and especially in these "target" states, should be alert to such efforts to enact "Trojan horse" legislation that will subvert true reform. Similarly, the tobacco industry has in the past actively supported legislation to prohibit minors from purchasing or possessing tobacco, as opposed to laws that only prohibit merchants from selling them tobacco. These efforts have been criticized as an effort to deflect responsibility for illegal sales from the tobacco industry and merchants onto children.'b A few 'S Alabama, Arizona, California, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Nebraska, New Jersey, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, Wisconsin, and Wyoming. 36 Carol, J., "It's a good idea to criminalize purchase and possession of tobacco by minors- NOT!", Tobacco Control 1992; 1(4): 296-7. -35- states have adopted such laws. The Working Group takes no position on the merits of such an approach, but agrees strongly with the Surgeon General that "[flaws prohibiting minors' possession of tobacco should be addressed only after effective regulation and enforcement at the retail level are in place." 2. STATE LEGISLATION SHOULD NOT PRE-EMPT LOCAL ORDINANCES In many states, initiatives for effective control of illegal tobacco sales have come primarily from the local level, in the form of local ordinances and enforcement campaigns. In some areas, these efforts have been so effective that tobacco interests have worked for passage of state laws for the sole purpose of pre-empting, or overriding, these local initiatives. The Working Group believes it imperative that state laws not pre-empt local ordinances. State legislation should set a "floor" or minimum requirements, while allowing the continued operation of ordinances that create a higher level of public protection. 3. STATE LAWS SHOULD CREATE OR REQUIRE A LICENSING SYSTEM FOR TOBACCO SALES The central flaw in many states' current laws is that they do not clearly impose any sanction on the stores that sell tobacco to minors. Instead, under many of these laws, penalties for violation are imposed only on the individual sales clerk who makes an illegal sale. In an environment where sales clerks typically spend only a few months on the job anyway, the result of enforcement of these laws is simply the dismissal of the individual clerk, rather than any meaningful change in a store's overall practices. Because of this reality, local authorities are discouraged from devoting themselves to aggressive enforcement. It is not surprising, therefore, that the legislative efforts of tobacco interests are devoted in large part to ensuring " 1994 Surgeon General's Report at 254. -36- that any new legislation continues to impose sanctions only on individual employees, and not on the store. Most states already require the licensing of parties that sell tobacco products.38 These laws vary widely, however. Most do not provide for revocation of that license as a sanction for unlawful sales to minors, and most do not designate a specific enforcer.39 The Working Group agrees with the 1990 recommendation of the former Secretary of Health and Human Services, Dr. Louis Sullivan, that states should use a licensing system similar to those used for alcoholic beverage sales to ensure compliance with tobacco no-sales-to-minors laws.40 To be effective and meaningful, laws must hold the store accountable for these sales, just as stores are held accountable for illegal sales of alcohol, or for failure to comply with labor laws, environmental laws, zoning laws, health and safety codes, and other laws. In fact, laws that leave stores free of consequences for their illegal tobacco sales are an anomaly. In virtually every other area, society holds businesses accountable for their employees' compliance with law. The Working Group recommends legislation that requires the store to obtain a license to sell tobacco, and uses the licensing system to hold the store accountable for its sales practices. In some states it may be appropriate for this licensing system to be run by the state. However, where local ordinances are already in place, and where commitment to enforcement is greatest at the local level, it may be more appropriate for the state law to require 38 One compilation counts forty-six states (all but Iowa, Kentucky, South Dakota and West Virginia) with such requirements. Coalition on Smoking or Health, State Legislated Actions on Tobacco Issues(1992) at ii. Another publication counts thirty-one. U.S. Department of Health and Human Services, Youth Access to Cigarettes, Pub. No. OEI-02-00880 (1992). 39 Id. 4° Public Health Service. Model Sales of Tobacco Products to Minors Control Act., U.S. Department of Health and Human Services, May 24, 1990. -37- local licensing systems instead and to specify the minimum essential elements of such a system, while allowing cities or counties to enact stronger protection. In either event, it is essential that primary responsibility for enforcement be placed in a designated agency, and that this agency have professional training, experience with tough enforcement and a demonstrated record of competence. 4. THE LICENSING AND ENFORCEMENT SYSTEM SHOULD BE SELF-SUPPORTING Licensing fees should be set at a level sufficient to support an effective compliance program. To date, law enforcement efforts have been most effective in states and localities where there is dedicated funding for enforcement efforts. Licensing will not work unless it is financially self-supporting, at a level sufficient to allow proactive enforcement. In many communities today, annual licensing fees ranging from $150 to $300 have proven sufficient for some degree of affirmative enforcement. 5. THE LICENSING SYSTEM SHOULD USE GRADUATED FINES, WITH LICENSE SUSPENSION FOR REPEAT OFFENSES The Working Group believes that, to be workable, a licensing law must impose sanctions that are reasonable and realistic. In part, this means that sanctions must be sufficiently large to get the licensee's attention. In other words, a fine or administrative penalty should be large enough that it will prompt a change in the violator's practices, and not simply be paid as a routine "cost of doing business." At some point, however, the Working Group believes that more onerous sanctions would be counter-productive. Experience has shown that where the prescribed penalty is too harsh -- e.g., incarceration or permanent license revocation for a first offense — enforcement authorities are reluctant to enforce the law, and licensing authorities and juries are unwilling to impose the sanctions. -38- • For this reason, the Working Group believes that a licensing law should prescribe a graduated set of sanctions, with administrative penalties or fines set in increasing amounts for the first, and perhaps second or third, violations, to be followed by license suspensions for increasing periods of time. We believe that this approach strikes an appropriate balance that will discourage violations, without being so harsh as to discourage decision makers from imposing the sanctions. 6. THE LAW SHOULD INCLUDE POSITIVE INCENTIVES FOR RESPONSIBLE RETAILING We believe that a licensing law should offer retailers tangible incentives for adopting responsible retailing practices such as those set out earlier in this report. More specifically, the law should reward retailers -who endorse and put into practice the twelve retailing principles proposed above. This incentive could take any of several forms. For example, a retailer who implemented these practices might be subject to a"reduced schedule of sanctions, on the theory that where a retailer makes a concerted effort to ensure its employees' compliance, this mitigates its culpability. Or, perhaps more appropriately, such a retailer could be charged a reduced licensing fee, under the theory that a business that genuinely implements these practices will have fewer violations and will therefore impose fewer costs on the compliance system. There may be other, equally effective, ways to build such an incentive into a licensing system. Whatever form incentives might take, the law should reward those businesses that truly take responsibility for their conduct, and should enlist their active involvement in the effort for improved compliance. -39- 7. THE LAW SHOULD REQUIRE PERIODIC COMPLIANCE CHECKS The only sure way to know whether the law is being complied with is to check. Any licensing law must require the licensing authority to conduct, or to arrange for, periodic compliance checks at every licensed store. These checks should be conducted, at a minimum, two or three times annually. They should be conducted by teenage testers, acting under adult supervision. 8. THE LAW SHOULD NOT LIMIT WHO CAN CONDUCT COMPLIANCE TESTS The most effective voices for strengthening America's ineffective tobacco no- sales-to-minors laws have come from non-profit public health and public advocacy groups. In scores of communities across the country, these groups have organized carefully controlled compliance checks of local stores, either to focus public attention on the level of non- compliance, or to encourage more effective enforcement. Embarrassed by the effectiveness of these efforts, tobacco interests have sought to include in any legislative reforms restrictions on the opportunities for these groups to check stores' compliance. Thus, tobacco interests may propose that a legislature prohibit any testing effort except those conducted by, or under the direct supervision of, law enforcement offices. The Working Group opposes any such restrictions. First, in many jurisdictions, compliance tests can and should be organized by officials who are not law enforcement officers -- licensing inspectors, for example, or public health officials. In other instances, licensing authorities may find it preferable to contract with private groups to conduct tests, under carefully controlled conditions. These are decisions best left to the licensing authority. Finally, there may be cases where private groups may conduct testing on their own initiative and offer their evidence to licensing authorities, as private complainants. If such private complaints are based on reliable evidence, there is no reason to arbitrarily exclude them from consideration. In any of these circumstances, the rights of the licensee will be better protected by ensuring due -40- process in the hearing that precedes any license suspension, rather than by arbitrarily prohibiting certain people from performing the testing. 9. STATE LAWS SHOULD LIMIT YOUTH ACCESS TO TOBACCO BY RESTRICTING VENDING MACHINE SALES AND PROHIBITING FREE SAMPLING Minors rely heavily on vending machines as a major source of tobacco. These machines, which are located in restaurants, bowling alleys, movie theaters and many other places likely to be frequented by children, provide easy access to tobacco for minors. For young children, vending machines also provide a much less intimidating method of purchase than over-the-counter sales. And, for good reason. Studies show that children as young as thirteen are almost always successful when they attempt to purchase tobacco from vending machines. The Working Group believes that state wide restrictions on tobacco vending machines are essential to reducing youth access to tobacco. Such measures are also widely supported by the public. One American.Cancer Society study shows that a ban on cigarette vending machines is the most popular type of smoking restriction among American voters. Twenty-one states have already adopted laws restricting or eliminating tobacco vending machines and the Working Group recommends that the remaining states seriously consider taking similar action. The Working Group also recommends that state laws prohibit the distribution of free tobacco products in public places or through the mail. Free sampling has become a very popular method of cigarette and smokeless tobacco promotion. Such sampling encourages experimentation by providing minors with a risk-free and cost-free opportunity to experiment with tobacco. Although many states prohibit distributing free samples to minors, such laws are almost impossible to monitor or enforce. The best way to ensure that free samples of tobacco products do not fmd their way into the hands of minors is to prohibit free sampling altogether. -41- 10. STATE LAWS SHOULD REQUIRE DRIVER'S LICENSES TO BE DESIGNED TO MAKE AGE IDENTIFICATION EASY Retailers repeatedly told us that compliance with no-sale-to-minors tobacco laws is complicated by the difficulty they have training employees to quickly recognize acceptable identification for tobacco and alcohol purchases. States could make this process easier by issuing driver's licenses which display a distinctive background color, colored stripe or other distinguishing feature for people who are between the ages of sixteen and eighteen and for people who are between the ages of eighteen and twenty-one. Some states (California and Kansas, for example) have already implemented such measures. If cashiers simply have to check a license for a distinctive color stripe, the age identification process will be quicker and compliance will improve. CONCLUSION The Working Group believes that, by taking the proactive steps set out in this report, retailers and state legislatures can significantly limit minors' access to tobacco products and thereby substantially reduce tobacco use by young people in America. -42- CONSENT f / c MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Temporary 3.2 Beer License - Shakopee Jaycees DATE: July 13, 1995 INTRODUCTION AND BACKGROUND: The City has received an application from the Shakopee Jaycees Inc. for a temporary 3.2 beer license for August 4th and 5th in conjunction with the Derby Days celebration. The application and certificates of insurance are in order. (In addition to the normal liquor liability, the City requires that the applicant carry public liability insurance when the license is for sales on public property.) The concerns of the Chief of Police are addressed in the attached letter from Mr. Stock. ALTERNATIVES: 1] Grant a license 2] Deny a license RECOMMENDED ACTION: Move to approve the application and grant a temporary non-intoxicating malt liquor license to the Shakopee Jaycees Inc., within the First Avenue right-of-way between Holmes Street and Lewis Street, for August 4th and 5th, 1995. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Derby Days -Beer Sales DATE: July 13, 1995 INTRODUCTION: On Tuesday,July 11, 1995 the Shakopee Chamber of Commerce approached the City Council with a request to approve the temporary beer license application as submitted by the Shakopee Jaycees. At that time, several concerns were expressed regarding the size of the street dance area in relation to beer sales. The Police Chief and I have met and developed a plan that will mitigate the concerns as expressed on July 11th. A small beer garden area will be erected with a double fence design. The beer garden area will confine beer sales to a specified area to which only persons age 21 or older will be admitted. The Jaycees and Chamber of Commerce have also reviewed the proposed set-up and are in support of it. MEMO TO: Dennis R. Kraft, City Administrator FROM:: Bruce Loney, Public Works Director fk, SUBJECT: Temporary Access Ramp from Bluff Avenue DATE: July 1.8, 1995 INTRODUCTION: This item is a continuation on whether to close the temporary access road off of Bluff Avenue to Huber Park.to the boat ramp. BACKGROUND: This item has been discussed at the June 26th and July 1 lth. City Council meetings. This item was tabled in order for staff to investigate the possibility of installing a gate across the entrance into Huber Park off of Bluff Avenue and the associated liability with that installation. Engineering has received a recommendation from the Legal Department in regard to this and from the League of Minnesota Cities Insurance Trust (LMC1T) and has not had adequate time to review a traffic control plan based on those recommendations. Also staff would like to investigate further the possibility of other boat ramp locations for use by larger boats to launch into the .Minnesota River. Staff has contacted the residents involved in this matter and has notified them that this will not be discussed at the July 18, 1995 City Council meeting. ACTION REQUESTED: Move to table this item off the table and move to table to August 1, 1995 Council. meeting. BL/pmp ACCESS MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director BA SUBJECT: Temporary Access Ramp from Bluff Avenue DATE: July 18, 1995 INTRODUCTION: This item is a continuation on whether to close the temporary access road off of Bluff Avenue to Huber Park to the boat ramp. BACKGROUND: This item has been discussed at the June 26th and July 1 1 t City Council meetings. This item was tabled in order for staff to investigate the possibility of installing a gate across the entrance into Huber Park off of Bluff Avenue and the associated liability with that installation. Engineering has received a recommendation from the Legal :Department in regard to this and from the League of Minnesota Cities Insurance Trust (LM.CIT) and has not had adequate time to review a traffic control plan based on those recommendations. Also staff would like to investigate further the possibility of other boat ramp locations for use by larger boats to launch into the Minnesota River. Staff will contact the residents involved in this matter and notify them that this will not be discussed at the July 18, 1995 City Council meeting. This memo is for Council information and no action is needed at this time. BL/pmp ACCESS CONSENT )I.e, MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Shakopee Civic Center Project-Bid Package#11 - Mechanical Systems Work DATE: July 13, 1995 INTRODUCTION: On June 21, 1995 bids were received for the mechanical systems associated with the Shakopee Civic Center Project. It would be appropriate at this time to select a mechanical contractor accordingly. BACKGROUND: Attached is a correspondence from Mike Parson,Project Manager outlining the bids submitted for the mechanical systems. The original Construction Manager's estimate for the mechanical work associated with the Civic Center Project was $608,100. However, after reviewing the project's scope and the long term value for the City, it was determined by the design review team that it would be more appropriate to proceed with a system that would achieve greater long term cost savings. The cost to install the upgraded systems was correspondingly reflected in the bids received. The original mechanical system quoted by Greystone Construction also did not include costs associated with air conditioning. Northland Mechanical Contractors submitted the lowest base bid amount for this bid package. In reviewing the bids, the Construction Manager had the opportunity to meet with Northland Mechanical to evaluate whether or not additional cost savings could be achieved through value engineering. This process resulted in a $58,247.00 voluntary deduct submitted by Northland Mechanical Contractors. If the alternate#M-1 for air conditioning in the amount of$117,000 is accepted,the recommended total contract amount for mechanical systems work is estimated at $762,753. Greystone Construction is recommending that the appropriate City officials be authorized to execute a mechanical systems contract with Northland Mechanical in the amount of$762,753. ALTERNATIVES: 1. Authorize the appropriate City officials to execute a contract by and between the City of Shakopee and Northland Mechanical in the amount of$762,7.53 for the mechanical systems work at the Shakopee Civic Center Project. 2. Select another mechanical contractor to perform the mechanical systems work. 3. Do not accept the air conditioning alternate in the amount of$117,000 and authorize the appropriate City officials to execute into an agreement with Northland Mechanical in the amount of$645,753. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute a contract by and between the City of Shakopee and Northland Mechanical in the amount of$762,753 for the mechanical systems work at the Shakopee Civic Center Project. Air14► T iHLY a I LJI'I L, Tt'ly 1,3 1 QQ5 • CONSTRUCTION COMPANY Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee, MN 55379 Re: Shakopee Civic Center -- Bid Package#11 Mechanical Systems Work Dear Barry: We recommend the award of contract for Bid Package #11 Mechanical Systems and related work, to Northland Mechanical Contractors,Inc. Bids for this work were received on June 21, 1995. Northland Mechanical Contractors, Inc submitted the lowest responsive bid. The projected budget for the mechanical work was $608.100. The bid tabulation sheet is attached. If approved by the City, the contract will be drafted with a contract amount of $762,753. This amount equals the base bid of $704,000, plus alternate#M-1 amount of $117,000 for air conditioning and plus the voluntary deduct amount of ($58,247) for value engineering items. The value engineering items are described in Northland Mechanical correspondence dated July 6. We believe the difference between the budgeted and award amounts is explained as follows: The original HVAC budget was based on forced air roof top units. The design and engineering process led us to the conclusion that a boiler and chiller system was a better long term value for the City. The system has advantages despite a significant increase in the initial cost when compared to roof top air handling units. The factors which were weighed in the decision to use the boiler and chiller system are listed below: 1. Service life of boiler and chillers equipment is significantly longer. In some cases two to three times longer. Therefore, equipment replacement costs will be significantly lower. 2. Maintenance costs will be significantly less for several reasons. a) The City currently has licensed boiler mechanics on staff, operating a similar system in City Hall. The same staff should be able to maintain the system in the Civic Center. b) The longevity of equipment will provide reduced maintenance costs. and c) The boiler and chiller system will allow for better climate control throughout the facility. We feel the quality of the system and the long term operating and maintenance cost reductions justify the • increased initial cost of the mechanical system work. Please call me with any questions. Sinc-rely, 4, 75 Mikl J. 'arso Project Manager 1111 8 cc: Rob O'Brien,Paul Dahlber 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 0) 0 0 E Q E- F-^ O oo00 oo V o o 00 o N o 0) 0, 00 00 o O C. 00 S o CI $-, fry .--i •-+ O M N Oi Cn al N N N N N N '--' N n N M N M ++ 00 O O o 0 0) 0) N 6) M C. M C. 0) M 00 .? ) 0 0 C Q O 0 0 0 0 0 E.O¢ Z r+ N =N Z ,N U U a+ w E .'40- 0) N a o Cl N 0n 00 � U 00o00o C. O A U , .2O 00 O Cr,aN O 00 OCO CT, "c• U •'0 ,-. M en M M d• tt M '474 cd V] C y N E C 04E•„ W 0A U . W w cii Z C4 A 0.0 °) 4-1 U Q cl) c r, O o O O o E 1-4 ❑ C. .0 0 0 0 co O o Y C ,,U, '-+ W is c8i kn O O 00 en O O\ O _ a) ysn O N N O cC c.'-3 ¢ ¢ ,p N N N LQ CA ? 0 a, A o = O CO > o Cl r, ""ric F) °) 5 M N o O O O O o ++ co vc ac) O n 0000 Owc O— o O O N N Z a) o C. v'i 0 00 00 01 v1 ,.O E00 ,-r O C. C. . O CQ Q 000 5 n r S S S r Cl .-. Q N C), C7 N cu b c0 14 a) ••C7 HG al <1) U O Q N N0 'C ,SG co u7 ti u ti in d) 0 b '..o U 4) G) C) G) G) G) G) N O " N g b • y g 0 0 •:+ O t: O vn Z OU bU N Wc, N N ^ 'a 4to .2 . �-• •y 70U i cC ..D U .b f" ,t .0-• al � 0 N E p a) y v t o g x c in `� U C7 ,- Cl) Q < Z cn C7 Z �� J;ONSENT ll MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Request for Proposal#2 - Dasher Board Systems DATE: July 13, 1995 INTRODUCTION: Proposal were received for the Ice Arena Dasher Board System. BACKGROUND: Attached is a correspondence from Mike Parsons, Project Manager which outlines the proposals for the dasher board system. The lowest responsive proposal was submitted by Becker Arena Products in the amount of$99,617. The proposal amount was under the projected budget for this portion of the project. It would be appropriate at this time to authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and Becker Arena Products in the amount of$99,617 for the dasher board system associated with the Shakopee Civic Center Project. ALTERNATIVES: 1. Authorize the appropriate City officials to execute contracts accordingly with Becker Arena Products. in the amount of$99,617 for the dasher board system associated with the Shakopee Civic Center Project. 2. Select a different contractor for the dasher board system. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#l. ACTION REQUESTED: Authorize the appropriate City officials to execute contracts accordingly with Becker Arena Products. in the amount of$99,617 for the dasher board system associated with the Shakopee Civic Center Project. /"'"l ► T' _ it /"'41. T w r► LiK Klee it a I JfWe July 5, 1995 CONSTRUCTION COMPANY Barry Stock Assistant City Administrator City of Shakopee 129'Holmes Street Shakopee,MN 55379 Re: Shakopee Civic Center Request for Proposal No. 2 --Dasher Board System Dear Barry: We recommend the award of contract for RFP No. 2, dasher board system, accessories and related work,to Becker Arena Products,Inc.. Proposals for this work were received on July 5, 1995. The lowest responsive proposal was submitted by Becker.Arena Products, Inc., totaling $99,617. The projected budget for the dasher board work was$103,000. A tabulation sheet is attached. Alternate DB-4 provides you with a cost difference between tempered glass spectator shields (based bid) and acrylic spectator shields (alternate price). Alternates DB-1, DB-2, DB-3 and DB-5 provide you with unit costs, which can be used, to add dasher board backer panels and storage carts to the cost of the base bid cost. Please call me with any questions. Sincerely, Mikl J. Parsons Project Manager cc: Rob O'Brien,Paul Dahlberg 1111 1221 Easifig5edth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 GREYSTONE CONSTRUCTION 4454191 P.01 g O a. w as il O 9 z ° • b a E.i wz e co ° u > a i i = b ID to WI 4 a °°ja u z �c .x i . d � -- v ° v B U W ? u 3 3 ,d 0 > 4 i H .8 b '8 b OG Qv o X Ma u 11n N h G 111 'V OtntnrAC,) S _ FK r S G� id lV 8 y7 a .-. 0 C .6c- V N Q 4t o W aaana I gXA V °N O 3 B (`INQ, � T cw r zz aq aQc Ao .. - ¢ dQ4Q 0 v a _ O Nrn � v' y = ARQAA - zzzzz T F. SIA 22 P. E _ 2 0 as m z < < Post-Ir Fax Noto 7671 Date 7/t /9/ !Meed I To Et A Afi y StricC4. From M .u PARS"KS CoJtopt• CO C>ke-W.01 C Phone* Phone* AQb,'�2�."1 tFai O 44s- toy ig' _Fax. .'i / I MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive, C.R. 79 to C.R. 77 Project No. 1996-5 DATE: July 18, 1995 INTRODUCTION: Attached is a proposal for Engineering services for the box culvert headwall design on Vierli.ng Drive, County Road (C.R.) 79 to C.R. 77, Project No. 1995-6 from the City's consultant, Orr-Schelen-Mayeron.&Assoc., Inc. (OSM). BACKGROUND: A.t the May 16, 1995 Council meeting, Resolution No. 4193 was adopted for the preparation of plans and specifications of Vierli.ng Drive from C.R. 79 to C.R. 77. Included in the street improvement is a box culvert drainage structure for the street crossing the Upper Valley Drainageway (U.V.D.). The box culvert is considered a structure in which a Registered Professional Structural Engineer needs to design the box culvert for State Aid approval. The City needs to contract this design work to a consultant as this is beyond staffs capabilities. The cost do this work from OSM is at a cost not-to-exceed $4,000.00. At the May 16, 1995 Council meeting, a directive was given to staff on a cost analysis of concrete versus metal box culverts. Staff contacted OSM for information such as costs, design life and availability of alternative box culverts other than concrete. In reviewing box culvert alternatives,the following information was found: 1. The vast majority of box culverts installed in the Metro area are concrete box culverts. 2. OSM compared an aluminum box culvert barrel length cost to concrete box culvert barrel length cost as follows: Aluminum $338.001L.F. Concrete $400.00/L.F. For either culvert alternative, concrete headwalls would be recommended for use, thus the cost differential is only on the barrel length. The length of the box culvert proposed is 80 lineal feet with co:n.crete headwalls. The cost savings between the box culvert barrel length cost for the two materials is $4,960.00 total with aluminum being less expensive. The cost for a steel box culvert is about the same as an aluminum box culvert. 3. Concrete culverts are considered to have the longer life span, however, this would be disputed by the manufacturers. 4. Concrete box culverts are approved by State Aid office. Aluminum box culverts as of today are not approved by Mn/DOT Bridge Division, thus are not State Aid approved. A technical memo is in the process for acceptance of aluminum box culverts however, there will be design limitations. The Mn/DOT Bridge Division also highly recommended the use of concrete box culverts for the size application being considered for Vierling Drive. Staff would recommend that the concrete box culvert remain as the standard for box culverts since the difference of cost is minimal, the design life of concrete is considered greater, and concrete is State Aid approved and recommended by MnIDO1:T. ALTERNATIVES: 1. Move to authorize staff to utilize OSM on the box culvert and headwall. design for Vierling Drive, Project No. 1995-6. 2. Do not authorize the Engineering services proposal. 3. Table this item for more information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize staff to utilize Orr-Schelen-M.ayeron. & Assoc., Inc. on the box culvert and headwall. design on Vierling Drive from C.R. 79 to C.R.. 77, Project No. 1995-6. BL/pmp CULVERT Orr 0SM Schelen Mayeron& July 10, 1995 Associates,Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 Mr. Bruce A. Loney, P.E. Public Works Director/CityEngineer 612-0 g 1-800--757533--5757 75 City of Shakopee FAX 595-5773 129 Holmes Street South Engineers Architects Shakopee, MN 55379 Planners Surveyors Re: Proposal for Engineering Services Box Culvert Headwall Vierling Drive, Meadows West Subdivision OSM Proposal No. 0224.95 Dear Mr. Loney: Thank you for asking us to submit a proposal for engineering services for the Vierling Drive box culvert and headwall. We propose to do this work on a Cost-Reimbursable basis with a cost not to exceed $4,000. This includes: • structural design and layout of the headwall and wings, • selection of MnDOT standard plans for the precast box culvert, • plan preparation, • review of reinforcing and precast shop drawings, • and two site visits of approximately an hour each. It also includes time spent in telephone conversations with contractors and city personnel. It does not include roadway design, surveying, staking, or construction observation beyond the two site visits. The proposal presumes that the City will supply to OSM a site plan with: • ditch section, • street section and profile, • grading, • and culvert location and orientation sufficient for design and detailing. If this proposal is acceptable, please sign both originals and return one to us. We appreciate your consideration of our firm for this service. We look forward to working with you. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, INC. Michael L. Hemstad, P.E. Bruce A. Loney, P.E. Project Manager City Engineer Cs_c) Edward J. DeLaForest, P.E. Date Vice President h:\proposa11022495.mh Equal Opportunity Employer CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Economic Development Coordinator/Acting Planning Director DATE: July 11, 1995 RE: Code Enforcement Officer INTRODUCTION: In the 1995 Budget, the City Council authorized the hiring of a temporary Code Enforcement Officer under the direction of the Police Dept. DISCUSSION: The Chief of Police and the Acting Planning Director have identified Amy Wicklund as the preferred candidate for this position. Ms. Wicklund has previously worked for the City of Shakopee as a Planning Dept. Intern. The Code Enforcement Officer position is not contained in the City's 1995 seasonal/part-time pay schedule. Staff would recommend that this position have a salary range of$8.57 - $11.43 per hour. ALTERNATIVES: 1. Amend the 1995 Seasonal/Part-time Pay Schedule to include a temporary Code Enforcement Officer. 2. Do not amend the 1995 Seasonal/Part-time Pay Schedule to include a temporary Code Enforcement Officer position. 3. Appoint Amy Wicklund to the temporary Code Enforcement Officer position. 4. Do not appoint Amy Wicklund to the temporary Code Enforcement Officer position. RECOMMENDATION: Staff recommends Alternatives 1 and 3. ACTION REQUESTED: 1. Offer Resolution # 4257, amending Resolution # 4149, adopting the 1995 Pay Schedule for the Officers and Non-Union employees of the City of Shakopee. 2. Move to appoint Amy Wicklund to fill the temporary Code Enforcement Officer position at a rate of$8.57 per hour. h:\admin\amy.doc RESOLUTION NO. 4257 A RESOLUTION AMENDING RESOLUTION NO. 4149, ADOPTING THE 1995 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 20, 1994, the Shakopee City Council adopted Resolution No. 4149 approving the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Code Enforcement Officer position classification is hereby added to the Seasonal/Part-time Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at the following pay steps: Step I Step II Step III Step IV Step V Step VI $8.57 $9.14 $9.71 $10.28 $10.86 $11.43 Adopted in session of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: • City Clerk APPROVED AS TO FORM: City Attorney h:\admimamv.doc Ili Attached is a print out showing the division budget status for 1995 based on data entered as of 7/12/95 . CITY OP SHAKOPEE EXPENSES BY DEPARTMENT 07/12/95 CURRENT YEAR QUA• MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 135 29,576 43 12 CITY ADMINISTRATOR 220,940 5,911 101,566 46 13 CITY CLERK 121,170 4,774 80,246 66 15 FINANCE 299,780 9,332 180,177 60 16 LEGAL COUNSEL 212,090 8,484 110,900 52 17 PLANNING 464,430 8,365 181,659 39 18 GENERAL GOVERNMENT BUILDINGS 148,120 4,889 68,618 46 31 POLICE 1,495,760 47,549 756,409 51 32 FIRE 410,240 1,833 142,455 35 33 INSPECTION-BLDG-PLMBG-HTG 197,780 6,301 97,849 49 41 ENGINEERING 357,100 11,440 167,985 47 42 STREET MAINTENANCE 759,180 20,506 268,593 35 44 SHOP 112,120 4,944 51,469 46 46 PARK MAINTENANCE 292,420 13,885 148,322 51 61 POOL 136,580 9,631 44,666 33 64 RECREATION 239,580 8,535 124,263 52 91 UNALLOCATED 129,570 190,566 92,473 71 TOTAL GENERAL FUND 5,666,310 357,080 2,647,226 47 17 PLANNING 467,160 176 168,384 36 TOTAL TRANSIT 467,160 176 168,384 36 19 EDA 119,080 1,179 45,665 38 TOTAL EDA 119,080 1,179 45,665 38 a 04 0 a a Cu 0 a 0 a a 04 04 a a a a s a A, H H H H HHHHHH H H H H H H H H H W N •`�a7y' C11 M - a •i 0 04 Is] U es' H CO 01 0 0 0 0 0 0 H N M dt u1 1!1 M O dl dl in 111 In u1 to to in u1 to In u1 u1 01 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 01 01 m M M M M M M m m 01 M M M M O H 0 dl ete 0 0 0 0 0 0 0 O O dt 0 0 O O o O N N 0 0 0 0 0 0 0 0 O N 0 0 0 0 H nt N H M O dt H u1 N M ete m H CO CO N 0 0 0 N N N M 0 CO CO CO CO CO CO CO N N N ri N a1 El H H r1 N et, 0 0 0 0 0 H H H rl dl 10 10 M N N N M M NNNNN N N N N M dl 't l de t t 1 I 1 1 1 1 I i I I I I I I I I O N N N O H M M M M M M N N N t0 M co N U H H H H O rI H e-I rl rl H H H H N H H H U 01 01 01 N 0 01 01 01 01 01 01 01 01 01 CO M M M 444 0 O O 01 01 0 0 0 0 0 0 0 0 0 0 01 O1 O ppqq 1.3 C9 aaCp� Ux 0 tO a PI Z a 04 to W C) I I Cl En I 144 y EWEn e•1 1 W o O >4 a CD vl p H H I Z w 7r w W a 04 g H I H H .04 X H w �E.I to H • Dtl 4 U IH' H H W W N 0 > U z NI Ca.) 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VI 0000E48 I A H H H N H T HH co H wdgggHgga El W IA W 1147 b 14 M 0 H CU al Ai ai 01 Cli IliP4 0 Al m Z co co U U U U U 0 0 rs o g3 3 3 3 3 3 3 0 NI o a 0 0 0 0 0 0 0 Crl NI CO CO ol En ul VI VI u'ipD; D D G p pDy pay VI 144 as 01 ri I-I El to M M rl O sr tO IA ri N d, O O M M er Zj+ sr ON 01 O M tO O1 M M rl N O O N N 01 r-1 0 0 10 rl r-i CO ri CO ri tO CO lA 01 10 10 M M IA h 'rF'j d1 M M N ri r-1 to to M to 0 ri ri M M t0 I N ri r-I i? fM V} f? rl crr to 41) 4* 1A 0 • to fo 4* • El M N a C) `� w H coW N CINNCINNN Cl N H H ri rI rI rI ri rI ri 1i ri rl C7 14 \ \� .... � �� W fa N NNNNNNN N N x O 0 0 0 0 0 0 0 O O 1+4 U to in IA in ul ul IA IA u1 IA V W 01 01 01 O1 01 01 01 01 ON 01 14 x 01 01 01 01 01 01. 01 01 01 01 O U ,-i ri 1-1 ri i r-I rI r 1-1 v-I ri 0 1.7 Z 0 ri N M sr H sr er sI V sr U b4 r N N N N N ZZ U I 01 O1 01 01 01 0 '.I,' 1 0 O O 0 0 0 U 4 H al RI - a In M co O N O 0 0 IA 0 0 in O N a' 0 0 0 0 !l1 CO 0 @N N 0 0 0 0 V1 In h O V1 N 0 CO CO N 0 IA II •N CO N 01 M CON M N 01 IA N N 0 h H In II 10 IA II 1COO H 0 H In CO N of M 0 d, ri o1 h dV 0 h CO M 10 0 N CO d' N MID 0 CO VY 4./1? M 10 N N 0 II M 01 01 10 V} 0 10 f? N at t0 eri d. M O N 01 10 CO 00 N O d$ CO h N h M N 0 Lf N •N M M M N H H ep i11, rl nN H d? h 1A M 4/1. 4/) 40. t? 01) !? 41 H L} fMr f? f? E-- at t? (I) 0. 01 H M H H C44 1:44 Cli Q pq pq pq pq a as N 8 0 H 0 0 0 0± 0 H g 0 W a 01 x C4 0 CO ?1 H H 0 H N N H N 8 a R 61 IS >4 g W m 01 W iC H 00 U N in U M Ei vii Wz �1 t0 CO 0 rl N N M M 01 N H p {47 Tr $1 CO CO 01 01 01 01 01 01 \ 5 `L W 0 01 01 01 01 01 at 01 01 d H a 14 0 w Zi vi rn C7 El � H H H H H H H H U a1 U w V1 v1 a H C4 U H e' v1 d' r♦ M II CO 01 0 N H h CO 0t 0 0 0 0 0 W 0 H H 0 H H H H H N N N M M M H M dV CO aN U 0 HH M M M M M M M M d4 s' d' Vh h h h OO A H 4C * It 40 4C 40 4040 4t 4R 4k 404R 4C 4R 4k 4C 4C U va U CONSENT 1/ ,-• MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Civic Center-Bid Package# 9 - Metal for Applications DATE: July 13, 1995 INTRODUCTION: On June 21, 1995. bids were received for metal fabrications associated with the Shakopee Civic Center Project. It would be appropriate at this time to authorize the appropriate City officials to execute a contract accordingly. BACKGROUND: On June 21, 1995 the City of Shakopee received bids for metal fabrications associated with the Civic Center Project. Three bids were received for this bid package. Shown in attachment#1 is a correspondence from Mike Parsons, Project Manager which summarizes the bids. Greystone Construction has reviewed the bids as submitted and is recommending that Twin City Wire - MFI, Inc. be accepted as the contractor for this bid package. ALTERNATIVES: 1. Authorize the appropriate City officials to execute contracts accordingly with Twin City Wire -MFI,Inc. in the amount of$195.185 for the metal fabrication work associated with the Shakopee Civic Center Project. 2. Select a different contractor for the metal fabrication work. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute contracts accordingly with Twin City Wire - MFI, Inc. in the amount of$195,185 for the metal fabrication work associated with the Shakopee Civic Center Project. T' j""le�► T"�'�► LiHt. T a I UI £ CONSTRUCTION COMPANY July 13, 1995 Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee,MN 55379 • Re: Shakopee Civic Center -- Bid Package#9 Metal Fabrications Dear Barry: We recommend the award of contract for Bid Package #9 Metal Fabrications and related work, to Twin City Wire-MFI, Inc. Bids for this work were received on June 21, 1995. Twin City Wire-MFI, Inc. submitted the lowest responsive bid, totaling $195,185. The projected budget for metal fabrication work of $136,800 The bid tabulation sheet is attached. Please call me with any questions. Sincerely, Mikl J. Parsons Project Manager • cc: Rob O'Brien,Paul Dahlberg 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 Y 0 O E d H o oo N 00 00`f).. V] CO m N O =• N > ¢ 0 a co 0 0 }". r, a ('-i > Q H FWD _ • W W rn U � � ^ " � 4N ? / z6v CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner RE: Initiating the Vacation of a Portion of a Drainage and Utility Easement Date: July 11, 1995 INTRODUCTION The attached Resolution No. 4258 sets a public hearing date to consider the vacation of a portion of the drainage and utility easement located along the lot line between Lot 2 and Lot 3, Block 1, Valley Park 6th Addition. DISCUSSION The City has received a petition for the vacation of a portion of the drainage and utility easement located along the lot line between Lot 2 and Lot 3, Block 1, Valley Park 6th Addition from Valley Green Business Park Limited Partnership. The attached resolution sets a public hearing for August 15th, 1995. 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.4258, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the Drainage and Utility Easement Located Along the Lot Line Between Lot 2 and Lot 3, Block 1, Valley Park 6th Addition, and move its adoption. {J:\PLAN\CC\1995\CC0725\VACSPHD.JON} RESOLUTION NO. 4258 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER I1-1E VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ALONG I'HE LOT LINE BETWEEN LOT 2 AND LOT 3, BLOCK 1,VALLEY PARK 6TH ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that a portion of the drainage and utility easement located adjacent to the lot line between Lot 2 and Lot 3, Block 1, Valley Park 6th 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 I'HE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 15th day of August, 1995, at 7:00 P.M. or thereafter, on the matter of vacating a portion of the drainage and utility easement located adjacent to the lot line between Lot 2 and Lot 3, in Block 1, Valley Park 6th 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 , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney , -Z •L' RESOLUTION NO. 4259 A RESOLUTION OF SPECIAL COMMENDATION TO JUDITH S. COX Be it remembered that on the 16th day of July, 1970 Judith S. Cox entered City employment and from that date on she has faithfully served the City of Shakopee, its citizens and residents over and beyond the call of duty for all these many years. Therefore, be it resolved by the Shakopee City Council that the City hereby expresses its deep appreciation and gratitude and do hereby commend Judith S. Cox for her devotion to duty,her loyalty and her friendship. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 18th day of July, 1995. Gary L. Laurent, Mayor City of Shakopee ATTEST: Judith S. Cox, City Clerk CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer PM') SUBJECT: Fuller Street Plan Approval DATE: July 18, 1995 INTRODUCTION: Attached is Resolution No. 4254, a resolution approving plans and specifications and authorizing advertisement for bids for Fuller Street from 10th Avenue to Vierling Drive, Project No. 1995-8. BACKGROUND: On May 16, 1995, a public hearing was held to consider the improvement of Fuller Street from 10th Avenue to Vierling Drive. At the conclusion of the public hearing, the City Council ordered the project and the preparation of plans and specifications for the project. The plans and specifications have been completed and are available in the Engineering Department for Council review. Some of the issues raised at the public hearing were the design of Fuller Street as a collector street,the placement of sidewalks adjacent to the existing residences on the west side of Fuller Street, traffic control on Fuller Street, and sanitary sewer availability for two parcels on the west side of Fuller Street. These issues have been addressed in the design of the project. The Fuller Street designation as a collector street was originally addressed by the City Council in 1991. The current design specifies that Fuller Street will be constructed as a 44 foot wide State Aid collector street with two traffic lanes and two parking lanes. This design matches the existing Fuller Street south of 10th Avenue. The sidewalk issue was addressed by the Engineering Department in a neighborhood meeting with the residents along Fuller Street. The current consensus of the residents is to construct the sidewalk on the west side of Fuller Street behind the existing trees. The location of the sidewalk will be 2 1/2 feet from the property line rather than the standard 1 foot. This design is acceptable to both staff and the property owners. j:\eng\user\pat\council\mem4254.mo The Fuller Street plans include a concrete sidewalk on the west side of Fuller Street, and a bituminous bike path on the east side. The bike path will tie into the path for the Civic Center and the existing trail in the Upper Valley Drainageway. The traffic control plan for Fuller Street includes a four way stop at the intersection of Fuller Street and 10th Avenue, and stop signs on Thomas Avenue and the entrance to the Civic Center site. Based on the projected traffic and pedestrian volumes for this area, staff does not believe that a four way stop is warranted at Thomas Avenue and Fuller Street at this time. However, as with any new roadway construction, staff will monitor the traffic on Fuller Street and compare the actual traffic with the projected volumes. If the actual traffic in the area indicates a need for additional traffic control, staff will request permission from the City Council to perform a warrant study. The sanitary sewer design includes a local sewer from the VIP trunk line running north west across the Civic Center property to Thomas Avenue which will provide service to the proposed Meadows North Subdivision. This sewer will not serve two unplatted lots on the west side of Fuller Street which are currently unsewered. The only way to serve both the Meadows North and the two unplatted lots is to construct a sanitary sewer along the Fuller Street alignment from the VIP trunk to Thomas Avenue. This alignment would require approximately 250 extra feet of sewer main than the alignment through the Civic Center Site, and is not a very economical design. Sanitary sewer can be provided to the two unplatted lots from the southwest side of Fuller Street when that area develops. Extending the sewer main to the two lots will be the responsibility of the developer of that property. Staff will be meeting with the owners of the two lots to discuss the issue of sewer availability. ALTERNATIVES: 1. Adopt Resolution No. 4254, a resolution approving plans and specifications and authorizing advertisement for bids for Fuller Street from 10th Avenue to Vierling Drive, Project No. 1995-8. 2. Deny Resolution No. 4254. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. j:\eng\user\pat\council\mem4254.mo ACTION REQUESTED: Offer Resolution No. 4254, A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8, and move its adoption. j:\eng\user\pat\council\mem4254.mo RESOLUTION NO. 4254 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Fuller Street, From 10th Avenue To Vierling Drive Project No. 1995-8 WHEREAS,pursuant to Resolution No. 4219 adopted by City Council on May 16, 1995, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of Fuller Street, from 10th Avenue to Vierling Drive by grading, street, curb & gutter, sidewalk, sanitary sewer, watermain, storm sewer and appurtenant work and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney N . MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: 1995 Crack Sealing and Seal Coating Programs Project No. 1995-10 DATE: July 18, 1995 INTRODUCTION: Attached is Resolution No. 4255, a resolution approving plans and specifications and ordering the advertisement for bids for the 1995 Crack Sealing and Seal Coating Programs, Project No. 1995-10. BACKGROUND: The 1995 Budget included $90,000 for pavement preservation activities such as seal coating, crack sealing and overlaying existing pavements. Staff has reviewed that condition of the streets in the City, and has compiled a Pavement Rehabilitation Project. Attached is a map showing the streets that are recommended for seal coating and crack sealing. At this time, staff is not recommending that any streets be overlaid. The pavement rehabilitation strategies were selected based on the age and condition of the roadways, standard pavement preservation techniques and the number, type and severity of pavement distresses present in each roadway section. The condition of the pavements was determined by a "windshield" survey, which consists of driving the streets and making notes on the condition of the roadway surface. Staff is recommending that the project be combined into one project similar to the 1990 Pavement Preservation Project to save on contract administration time. Projects of this nature are routinely combined. The Seal Coating Program consists of resurfacing approximately 167,000 square yards of existing pavements. The cost estimate for the Seal Coating Project is $75,125. The Crack Sealing Program consists of sealing approximately 22,500 linear feet of cracks. The project cost is estimated at $6,750. The total project cost is estimated at $81,875. This will allow for $8,125 of contingency at the current level of funding. j:\eng\user\pat\council\mem425 5.mo ALTERNATIVES: 1. Adopt Resolution No. 4255. 2. Deny Resolution No. 4255. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends adopting Resolution No. 4255. ACTION REQUESTED: Offer Resolution No. 4255, A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for the 1995 Crack Sealing and Seal Coating Programs, Project No. 1995-10 and move its adoption. j:\eng\user\pat\council\mem4255.mo RESOLUTION NO. 4255 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The 1995 Crack Sealing And Seal Coating Programs Project No. 1995-10 WHEREAS, Bruce Loney, Public Works Director has prepared plans and specifications for the 1995 Crack Sealing and Seal Coating Programs by crack sealing and seal coating certain roadways in the City of Shakopee and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, M NNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney O • 4yr r�9c0 tp q C-,_ • iii C r n I �J Q49�� it rmA 9r, 01 ■ WI I■ni �I/iiiiun►om ■ 11/1�11;1Eu1 11//11111111 C>_ `�0 1111E113:111 11@•uU.Ll11 1111111& F,� II II CD : 11111111/11 111111111111 kg111111■ 11:l3l3n��i. 11111111111 E91EUe1111 ��e N P. 117.1. 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NO. 7 I 1 L. , I c.ii�i11ui11'i ."'"' ,.rr r� rr r rr roc. ..r rr. r... ••'.r. ig°E1111111 ifila: �G i l''''1 i+� : r Co 0 Z EIIIIIII Haat: rm. z� : < - D r rr, v� +i�r, .r. �i -' 11111111 W1., :� at.: �jII •r,r� ,,,�.� thl D 11111111 tt�►�"-'I- �;G 11.0 '' ......-k Ila ' r- •111111 11111111 Ci 'II' ' Z= r ' r r } •.• EE'I51 I i� .r..44-..r ,rvr .r„i n wtVWr i ,r.r•: , O Ij� L 111111111■/% IS....., a ► �,r ++rim- 1! ! �,,`>A -..r;,.. ,~' 0 .n �in r 1•.� :��.; 1111u1rrl r rr .rrm :.ro �„�. PIS: ONSENT MEMO TO: Dennis R. Kraft, City AdministratortIA FROM: Mike Huber, Engineering Tech. II M SUBJECT: Alley in Block 51, Project No. 1994-14 and Pierce Street Vacation from 3rd Avenue and 4th Avenue, Project No. 1994-5 DATE: July 18, 1995 INTRODUCTION: Staff is requesting Council permission to accept quotes and authorize the work performed by construction of pavement on the above referenced projects. BACKGROUND: At their January 18, 1994 Council meeting, City Council directed staff to prepare plans and specifications for the vacation of Pierce Street, between 4th Avenue and 3rd Avenue. Also at their July 26, 1994 meeting, City Council ordered plans and specifications for pavement improvements for the Alley in Block 51 (between Spencer Street and Sommerville Street and 3rd Avenue and 4th Avenue). Public Works personnel and equipment were utilized in the summer of 1994 to prepare the north 1/2 of Pierce Street (between 3rd Avenue and 4th Avenue) for paving. The south 1/2 of Pierce Street was graded and seeded. The design for the Alley in Block 51 has been completed by City staff and Council approval of the plans and specifications is being requested. Due to the small size of these two projects, staff has requested and received quotes from three paving contractors to perform the construction. The quotes are as follows: Bituminous Consulting, Inc., Mpls., MN 55434 • Construct and Pave Alley in Block 51 $4,682.90 • Pave Alley Width on Pierce Street $1,275.00 Total Bid $5,957.60 Plehal Blacktopping, Inc., Shakopee, MN 55379 • Construct and Pave Alley in Block 51 $5,950.00 • Pave Alley Width on Pierce Street $1,950.00 Total Bid $7,900.00 Northwest Asphalt, Shakopee, MN 55379 • Construct and Pave Alley in Block 51 $7,499.00 • Pave Alley Width on Pierce Street $2.325.00 Total Bid $9,824.00 Staff has reviewed each of these quotes and recommends awarding the work to be performed by Bituminous Consulting, Inc. Staff has had previous experience with this contractor and has found their work to be satisfactory. City Council voted at their January 18, 1994 meeting to not assess the work required for the vacation of Pierce Street. Staff is recommending that Capital Improvement Funds be utilized to fund the paving of Pierce Street. The Alley in Block 51 is being assessed at 100% per the feasibility report. The Engineer's construction estimate for this alley was $4,840.00. Per 429 Special Assessment Statutues, a contract needs to be awarded within one year after the adoption of the resolution ordering the improvement. As mentioned previously, the improvement project for Block 51 Alley was ordered on July 26, 1994. This contract needs to be awarded by July 26, 1995 or a new public hearing will be necessary. ALTERNATIVES: 1. Approve plans and specifications for the pavement improvements to the Alley in Block 51 and accepting the quote proposal for the Alley in Block 51 improvements and paving the north 1/2 of Pierce Street between 3rd Avenue and 4th Avenue from Bituminous Consulting, Inc. in the amount of$5,957.60. 2. Direct staff to solicit additional price quotes. 3. Do Nothing. RECOMMENDATION: Approve plans and specifications for the pavement improvements to the Alley in Block 51 and accepting the quote proposal for the Alley in Block 51 improvements and paving the north 1/2 of Pierce Street between 3rd Avenue and 4th Avenue from Bituminous Consulting, Inc. in the amount of$5,957.60. ACTION REQUESTED: Offer Resolution No. 4260, A Resolution Approving Plans and Specifications and Accepting Quotes on the Alley in block 51, Original Shakopee Plat, Project No. 1994-14 and Pierce Street, from 3rd Avenue to 4th Avenue, Project No. 1994-5 and move its adoption. • RESOLUTION NO. 4260 A Resolution Approving Plans And Specifications And Accepting Quotes On The Alley In Block 51, Original Shakopee Plat And On Pierce Street, From 3rd Avenue To 4th Avenue Project No.'s 1994-14 and 1994-5 WHEREAS, pursuant to Resolution No. 3938 adopted by City Council on January 18, 1994, ordering the vacation of Pierce Street, from 3rd Avenue to 4th Avenue and by Resolution No. 4045 adopted on July 26, 1994, ordering the improvement, plans and specifications for the Alley in Block 51, Original Shakopee Plat, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of Pierce Street, From 3rd Avenue to 4th Avenue by paving and the Alley in Block 51, Original Shakopee Plat by paving and has presented such plans and specifications to the Council for approval. WHEREAS, quotes were received and the following quotes are: Bituminous Consulting, Inc. $5,957.60 Plehal Blacktopping, Inc. $7,900.00 Northwest Asphalt, Inc. $9,824.00 AND WHEREAS, it appears that Bituminous Consulting and Contracting, Inc., 2458 Main Street N.E., Mpls., MN 55434 is the lowest quote. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TM CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The appropriate City officials are hereby authorizing Bituminous Consulting, Inc. to perform the work on Pierce Street, between 3rd Avenue and 4th Avenue and on the Alley in Block 51, Original Shakopee by addition of pavement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Paul Bilotta Shakopee Knights of Columbus Acting City Planner 1760 4th Ave . East City of Shakopee Shakopee, MN 55379 129 S . Holmes St . July 17, 1995 Shakopee, MN 55379 Dear Mr. Bilotta: The Shakopee Knights of Columbus supports the recommendation made by the Planning Commission to have our property rezoned from R-3 to B-1 . When the KC Hall facility was built in the mid 1970s, it was zoned as Public and surrounded by Agriculture. Subsequently, the area was rezoned in 1979 as Multi-family Residential (R-4) and again, in 1994 as R-3 . The new zoning change will allow us to rebuild if something catastrophically happens to the facility. Lastly, the Knights of Columbus would like the City Council to waive the $200 . 00 fee for having the property rezoned. As a non- profit fraternal organization, we operate on a very tight budget and this cost was not anticipated. Your consideration of this request would be much appreciated. Respectfully yours, if Mark McQuillan, Norbert. ` .7ei , President of the Home Association Fraternal Grand Knight IRECEOVED JUL 1 7 1995