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HomeMy WebLinkAbout11/15/1994 TENTATIVE AGENDA • ADJ.REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 15, 1994 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3 ] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) 9] Approval of Minutes of October 25, 1994 10] Communications: a] Canterbury Downs, oral presentation regarding snowmobile race in February b] James Terwedo, Scott County Attorney, regarding county- wide curfew 11] PUBLIC HEARINGS: a] 7 : 00 P.M. Public Hearing on the proposed vacation of the remainder of the alley in Block 31, Original Shakopee, Resolution No. 4119 b] 7 : 30 P.M. Public Hearing on proposed sanitary sewer improvements for St. Francis Regional Medical Center, Project No. 1995-2, Resolution No. 4122 - bring feasibility study from October 4th c] 7 : 45 P.M. Public Hearing on increasing the sanitary sewer rates TENTATIVE AGENDA November 15, 1994 Page -2- 12 ] Recommendations from Boards and Commissions: a] Preliminary and Final Development Plans for Minnesota Valley Health Campus PUD - Res. No. 4120 b] New Zoning Map, Phase II - Ord. No. 389 13] Reports from Staff *a] Federal Grant to Fund Police Officer b] Purchase of Plotter - memo on table *c] Filling Planning Secretary Position *d] Approve Bills in the Amount of $806, 737 . 17 14] Resolutions and Ordinances: *a] Res. No. 4115 - Certifying Delinquent Storm Drainage Utility Bills *b] Res. No. 4116 - Certifying the Cost of Weed Cutting c] Res. No. 4121 - Deleted *d] Res. No. 4123 - Accepting Public Improvements for Westridge Lake Estates 1st Addition 15] Other Business: a] b] c] 16] Recess for an executive session to discuss labor negotiations 17 ] Re-convene 18] Adjourn Dennis R. Kraft City Administrator REMINDER: November 22 , 5 : 30 P.M. Committee of the Whole /Oa MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Snowmobile Race at Canterbury Downs DATE: November 15, 1994 INTRODUCTION: Representatives from Canterbury Downs are interested in pursuing approvals necessary for a snowmobile racing event proposed to be held on the track in February of 1995. BACKGROUND: Canterbury Downs is nonconforming with respect to the current Racetrack District (RTD) regulations in that a planned unit development (PUD) has never been approved for the site by the City. The racetrack was built in 1984 when the property was zoned I-2 (Heavy Industrial). In 1986, the City Council adopted an ordinance which established RTD zoning for the site. In the past, with each new use proposed on the site, City has had to confront the nonconforming issue. Although a text amendment to allow minor additional uses of the racetrack site such as craft markets, productions shows, and commercial storage has been adopted by the City Council, no significant changes in the use of the site have occurred which would have prompted the PUD process. DISCUSSION: To facilitate the variety of possible entertainment uses in the City, a new Major Recreation (MR) zone has been created. The purpose of the MR zone is to allow for the development of high quality environments for large amusement and recreation attractions which have a large regional draw with a high degree of land use compatibility and street efficiency. Both the Committee of theWhole and the Planning Commission have recommended that the Canterbury Downs site be zoned MR. As City Council members will recall, representatives from Canterbury Downs attended several of the discussions on the zoning ordinance update. Representatives from Canterbury Downs indicated agreement with the concepts in the MR zone. They also indicated that they would be pursuing PUD approvals for the racetrack site in a timely fashion. Since the time in which the zoning ordinance text was being reviewed, the owners of Canterbury Downs have presented a proposal for snowmobile racing. Representatives from Canterbury Downs will be attending the November 15 meeting to answer any questions on the proposal. Under the new MR zoning regulations, snowmobile racing should be considered as Commercial Recreation uses and would require a conditional use permit or a planned unit development approval (see the attached MR zone regulations). Snowmobile racing is not listed as a separate use in the MR zone or any other zone in the new zoning ordinance text. 4 Staff would note that a conditional use permit application for snowmobile racing could be brought to the Planning Commission at their January 1995 meeting. This would allow the owners to pursue their proposal within the February timeline. With the original proposal made by Canterbury Downs to City staff in October, there were two racing events scheduled. The first was to have been held in early December. With this timing, the City Attorney made an interpretation that under the old RTD regulations, the use could be allowed. Since the original proposal, the racing schedule has been moved to February and the new Zoning Ordinance will be in effect by that time. Due to the multiple recreational uses of the site being considered by the owners of Canterbury Downs, staff would strongly advise that the applicants continue pursuing the PUD approval prior to any further proposals being submitted to the City. The PUD process will provide the necessary flexibility and controls for both the City as well as the property owners. ALTERNATIVES: 1. Direct staff to provide the necessary permit aplication forms to the owners of Canterbury Downs. 2. Do nothing. STAFF RECOMMENDATIONS: Staff recommends alternative number 1. ACTION REQUESTED: Direct staff to provide owners of Canterbury Downs with the necessary conditional use permit application. (f\wp51 Wocs\aggie\planning\novl Smeme.cc) SEC. 11.42 . MAJOR RECREATION ZONE (MR) . Subd. 1 . Purpose. The purpose of the major recreation zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments. Subd. 2 . Permitted Uses. Within the major recreation zone, no structure or land shall be used except for one or more of the following uses : A. public recreation; B. restaurants, class I; C. public buildings; or D. utility services. Subd. 3 . Conditional or Planned Unit Development Uses. Within the major recreation zone, no structure or land shall be used for the following uses except by conditional use permit or planned unit develo.ment: 4111 Al-- commercial recreation, major or minor: B. restaurants, class II; C. hotels, motels and conference centers; D. horse care uses including boarding, training, showing, grooming and veterinary clinic facilities; E. retail uses and entertainment facilities; F. administrative, executive, and professional offices; G. health and athletic facilities; H. private lodges and clubs; I. uses having a drive-up or drive-through window; J. utility service structures; K. day care facilities; L. relocated structures; • 1 M. structures over the height allowed based on their setback; N. developments containing more than one principal structure per lot; or 0. 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 major recreation zcne, the following uses shall be permitted accessory uses : A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; or D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Desitin Standards. Within the major recreation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: 1 A. Density: minimum lot area: Ten acres. B. Maximum impervious surface percentage: 80%. C. Lot specifications: minimum lot width: 300 feet minimum front yard setback: one-half of that structure' s height or 50 feet, whichever is greater 1 minimum side yard setback: one-half of that structure's height or 25 feet, whichever is greater minimum rear yard setback: one-half of that structure's height or 30 feet, whichever is greater minimum rear yard setback from residential zones: one- half of that structure' s height or 50 feet, whichever is greater D. Minimum access spacing: County Roads 83 and 16 : No access is allowed other than to public and private streets with a minimum spacing of 600 feet . Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue: Street and driveway access points must be separated by a minimum of 300 feet . • 51 THE OFFICE OF THE 1010 SCOTT COUNTY ATTORNEY COURTHOUSE 206 1,COTT 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1380 (612) 496-8240 FAX# (612) 496-8275 JAMES A.TERWEDO County Attorney October 25, 1994 Mr. Dennis Kraft Shakopee City Hall 1298 Holmes Street South Shakopee MN 55379 Dear Mr. Kraft : As you are aware, over the past year my office has been putting together information regarding a county-wide curfew. Many townships and cities have held public hearings to discuss this proposal . Over the past few weeks the Metro County Attorney' s Association, which includes myself, has been meeting regarding a metro-wide curfew ordinance. Through our negotiations, many of the recommendations of my curfew ordinance have been adopted by the Metro County Attorneys . On September 22 , 1994, the Metro County Attorneys joined in a joint press release of a model metro-wide curfew ordinance that could be adopted by each county board under a new Minnesota Statute Section 145A. 05 Subd. 7A. I have presented this proposal to the Scott County Board of Commissioners and they have set the date of Tuesday, November 29, 1994 , at 7 : 00 p.m. as the day for the public hearing to hear the proposal and accept citizen input on a county-wide curfew. I am sending you a packet of information for you and your governing bodies to review and give input . I encourage you or a representative from your governing body to attend this hearing on Criminal Division Civil Division Juvenile Division Victim/Witness Thomas J.Harbinson, Brian A.Nasi Peggy A.Flaig Assistance First Assistant Christopher E. Moms Mary M.Pieper Jim W.Petersen Susan K. McNellis Neil G. Nelson Conrad J.Skonieczny ames ' I II An Equal Opportunity/Affirmative Action Employer "'� " November 29th. If you are unable to attend, but still wish to make some input, please put it in writing and send it to my office and I will put it into the official record of the Scott County Board. If you have any further questions between now and November 29th, feel free to contact me at any time . As always, I remain, Sincere male J` 'ES TERWEDO OTT OUNTY ATTORNEY JAT/kmd Enclosures THE OFFICE OF THE SCOTT COUNTY ATTORNEY COURTHOUSE 206 • 1 2 , 1 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1380 (612) 496-8240 FAX # (612) 496-8275 JAMES A.TERWEDO County Attorney October 19, 1994 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to Minnesota Statutes S375.51, the Scott County Board of Commissioners will hold a Public Hearing on Tuesday, November 29, • 1994 at 7:00 p.m. or soon thereafter in the Board Room of the Scott County Courthouse, 428 South Holmes St. , Shakopee, Minnesota to consider the adoption of a county-wide curfew ordinance. Minnesota Statutes S145A.05 provides the authority for Scott County to adopt a county-wide curfew ordiance for persons under seventeen (17) years of age. Cliff McCann Scott County Administrator Scott County Courthouse Shakopee, MN 55379 Criminal Division Civil Division Juvenile Division VictimM/itness Thomas J.Harbinson. Brian A.Nasi Peggy A.Flaig Assistance First Assistant Christopher E.Moms Mary M.Pieper Jim W.Petersen Susan K.McNellis Neil G. Nelson Conrad J.Skonieczny • aure•s An Equal Opportunity IAffirmative Action Employer ' 1-"� 1994 REGULAR SESSION Ch. 636, Art. 9, § 12 '; with school absenteeism problems and providing appropriate interventions based on each student's underlying issues that are contributing to the truant behavior. Subd. 2. PROGRAM COMPONENTS. (a) Projects eligible for grants under this sec- don shall be community-based and must include cooperation between at least one school and one community agency ana provide coordinated intervention, prevention, and educational services. Services may include: (1) assessment for underlying_issues that are contributing'to the child's truant behavior. (2) referral to community-based services for the child and family which includes.but is not limited to. individual or family counseling, educational testing, osvchoiogical evaluations. tutoring mentoring. and mediation: (3) transition services to integrate the child back into school and to help the child succeed once there: (4) culturally sensitive programming and staffing: and . (5) increased school response including in-school suspension. better attendance monitoring and enforcement, after-school study programs, and in-service training for teachers and staff (b) Priority will be given to grants that include: (1) local law enforcement; (2) elementary and middle schools: (3) multiple schools and multiple community agencies (4) parent associations: and _ _ .. •; ,.. (5) neighborhood associations. ' • • Subd. 3. EVALUATION. Grant recipients must report to the commissioner of public •= -::-:;1r safety by September 1 of each vear on the services and programs provided. the number of children served. the average daily attendance for the school vear. and the number of habitual truancy and educational neglect petitions referred for court intervention. Sec. 9. 144.3872 FEMALE GENITAL MUTILATION; EDUCATION AND OUT- REACH. t. The commissioner of health shall carry out appropriate education.prevention. and outreach activities in communities that traditionally practice female circumcision. excision. or infibula- don to inform people in those communities about the health risks and emotional trauma inflicted by those practices and to inform them and the medical community of the criminal penalties contained in section 609.2243. The commissioner shall work with culturally appro- priate groups to obtain private funds to help finance these prevention and outreach activities. Sec. 10. Minnesota Statutes 1992, section 145A.05, is amended by adding a subdivision to read: Subd. 7a. CURFEW. A county board may adopt an ordinance establishing a countywide curfew for persons under 17 vears of age. Sec. 11. DEMONSTRATION PROJECT; INTERVENTION WITH CHIPS—DELLN- QUENTS. Subdivision 1. ESTABLISHMENT. The commissioners of human services and correc- tions shall establish a demonstration project to develop and provide effective intervention and treatment for children under the age of ten who are committing or have committed unlawful acts. The commissioners may determine the length of the demonstration project. Subd. 2. REPORT. After the demonstration project has been completed. the commis- sioners snail evaluate its success and make recommendations to the legislature concerning the hypes of services that should be provided to these children. Sec. 12. INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL HEALTH. Subdivision 1. PILOT PROJECTS. The institute of child and adolescent sexual health established in Laws 1992. chapter 371. article 1. section 28. and Laws 1993. chapter 326. article 12. section 16. shall implement two pilot projects that examine the relationship between violent juvenile sex offenders and the factors that contribute to their behavior. One ilot project must examine early protective and risk factors associated with adolescent sex Additions are indicated by underline: deletions by strikeout 1539 /ffY ain,;6-tu Cr/),;--e 7 /7'Y �r ti • MICHAEL O. FREEMAN + °c (612)348-3550 COUNTY ATTORNEY i T.Q.Q. (612)348-6015 , ''NES° OFFICE OF THE HENNEPIN COUNTY ATTORNEY 2000 GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55487 _ FOR FURTHER INFORMATION CONTACT FOR IMMEDIATE RELEASE Jennifer Fling September 22 , 1994 (612) 348-8373 URBAN COUNTY ATTORNEYS PROPOSE METROPOLITAN-WIDE JUVENILE CURFEW Hennepin County Attorney Mike Freeman, Dakota County Attorney James Backstrom, Anoka County Attorney Robert M.A. Johnson, Ramsey County Attorney Tom Foley, Scott County Attorney James Terwedo, Washington County Attorney Richard Arney, and Hennepin County Commissioner Mike Opat announced today a joint effort to establish a metropolitan-wide juvenile curfew initiative. "This initiative stems from a significant increase in juvenile crime and victimization in recent years. The number of juvenile cases entering our offices has reached an unprecedented level. The magnitude of violence in these cases has never before been seen in Minnesota, " Freeman said. "As a significant percentage of juvenile crime and victimization occurs during curfew hours, a metropolitan-wide juvenile curfew will reduce these occurrences andwill protect our children and advance public safety, " added Backstrom. Lack of maturity and experience, make juveniles particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he or she is to be a victim of crime. "This initiative is a first step towards curbing a juvenile crime problem that has skyrocketed in recent years, " stated Opat, Chair of the Hennepin County Board's Community Corrections and Judiciary Committee. "One of the major benefits of this ordinance is that it takes juveniles off the streets at night, a time when the opportunity for poor decision making is highest, " continued Opat. "In the long-run, I really think this is going to help keep our neighborhoods safe. " -more- HENNEPIN COUNTY IS AN .AFFIRM.ATIVE ACTION EMPLOYER The proposed ordinance prohibits juveniles from being in a public place or establishment during certain nighttime hours. Under the curfew, it is unlawful for a person under 15 years of age to be in a public place or establishment between 10: 00 p.m. and 5:00 a.m. on weeknights, and between 11:00 p.m. and 5:00 a.m. on the weekends. Curfew hours for 15 and 16 year olds are 11:00 p.m. to 5:00 a.m. on weeknights and midnight to 5:00 a.m. on weekends. Several exceptions narrow the scope of the curfew so that it does not preclude juveniles from engaging in legitimate, _constitutionally protected activities. Under the proposed ordinance, the curfew would not apply if: the juvenile is with a parent, guardian, or other responsible adult; at work or in the process of going or coming home from work; involved in an emergency; attending or in transit to or from a supervised school, church, or recreational activity; running an errand at the direction of his/her parent; traveling interstate; in front of his/her own residence or property next-door to the residence; or engaged in the valid exercise of First Amendment rights. Violation of the curfew is a misdemeanor. It is also a misdemeanor for a parent, guardian, or proprietor of an establishment to allow violations of the curfew. A parent or guardian is guilty of a misdemeanor is s/he knowingly, or through negligent supervision, permits a juvenile to break curfew. Proprietors violate the ordinance if they knowingly permit a juvenile to remain in their establishments during curfew hours. In testimony earlier Thursday before the Hennepin County Board, Freeman stated, "Parents have the primary responsibility to provide for the safety of their children. However, the well being of our children is a concern of all -- business owners, school and church officials as well as our government. This initiative seeks to involve all citizens to make sure young people are home and off the streets during late night hours." Freeman added, "This is both good for our young people and a valuable crime fighting initiative. " -30- ORDINANCE NO. JUVENILE CURFEW An ordinance setting a county-wide, nighttime curfew for juveniles. This ordinance is adopted pursuant to Minn. Stat. $145A. 05, subd. 7a (1994) . SECTION 1: FINDINGS AND PURPOSE (A) In recent years, there has been a significant increase in 'juvenile victimization and crime. At the same time, the crimes 'committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. (B) Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he or she is to be a victim of crime. (C) While parents have the primary responsibility to provide for the safety and welfare of juveniles, Scott County also has a substantial interest in the safety and welfare of juveniles. Moreover, Scott County has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. (D) A county-wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. SECTION 2: DEFINITIONS (A) "Juvenile" means a person under the age of seventeen (17) . The term does not include persons under 17 who are married or have been legally emancipated. (B) "Parent" means birth parents, adoptive parents, and step- parents. (C) "Guardian" means an adult appointed pursuant to Minn. Stat. §525. 6155 or §525. 6165 who has the powers and responsibilities of a parent as defined by Minn. Stat. S525. 619. (D) "Responsible adult" means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. (E) "Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (F) "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. (G) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. (H) °Establishment" means any privately-owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or refreshment. (I) •Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting "any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. SECTION 3: PROHIBITED ACTS (A) It is unlawful for a juvenile under the age of 15 to be present in any public place or establishment within Scott County: (1) any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. (B) It is unlawful for a juvenile, age 15 or 16, to be present in any public place or establishment within Scott County: (1) any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. (C) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within Scott County during the hours prohibited in paragraphs (A) and (B) of this section. (D) It is unlawful for a proprietor of an establishment within Scott County to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs (A) and (B) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. SECTION 4: DEFENSES (A) It is an affirmative defense for a juvenile to prove that: (I) the juvenile was accompanied by his or her parent, guardian, or other responsible adult. (2) the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. (3) the juvenile was involved in an emergency situation. (4) the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. (5) the juvenile was on an errand at the direction of a parent or guardian. (6) the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. (7) the juvenile was engaged in interstate travel. (8) the juvenile was on the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence. (B) If is an affirmative defense for a proprietor of an establishment to prove that: (I) the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stat. S340A. 503 , subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. (2) the proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. SECTION 5: PENALTY Violation of this ordinance is a misdemeanor. SECTION 6: REVIEW The County Board shall conduct yearly reviews of this ordinance to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the County Attorney shall prepare and submit a report to the County Board evaluating violations of this ordinance and juvenile crime and victimization during the preceding year. SECTION 7: EFFECTIVE DATE -This ordinance shall take effect on December 1, 1994. ::ADMIUS:CADMILAYCI.ERK.CY9;3 ra ara CSC C^ N w -3 0 _� < 0 < Ne, 0O7•' = .. '-,mow _Cr t: 3 n <= •f '4'• �._ ... _ •i _ , F -+ _ A '� ^ .. _ _:41 .0 C n ea - =n G;C e• - -H-. :a r; " � _� E `� _•y E = C H ='7 n _- c �� •4 A A F __ •3 , n' A C- n v F .3 O N C -.O n _C - ,.••• 7 _? n•: • C - -re /}1 �'� a - COo ^y 7 C. N X _•_ A.4 ='.0 N 7 r c•.. w A n \{J O F = - com -•N w ^3 :a - Co C C O C `•" n E is n y, n -. `< 0 O FS• N .. - u, = 7 N A n -, QO O N. 0 N'7 A N n N N i .- - v• n A n.= A C - 7 3.- - :: - v mow C p'=7 e.5 -'••�•C -N A S.G 0."."•0 = o•=L.' ale u = O < e; F. ' `< ItIC av, =n =F O - m - mn ��<� `< ry 3•--,,,, C n -a 0 _ -, ^ NM .n • vN-. 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SHAKOPE MN 55379-1380 (612)-496-8240 FAX * (612)-496-8275 • JAMES A.TERWEDO County Attorney CURFEW I. Purpose This curfew for minors within Scott County is being implemented for four primary reasons: a. To protect the public from illegal acts of minors committed after the curfew hour; b. To protect minors from improper influences that prevail after the curfew hour; c. To protect minors from criminal activity that occurs after the curfew hour; and d. To help parents and legal guardians control their minor children. • Criminal Oivisiort Civil Civision Juvends Oivisicn VictrnMi;nssg Thomas J.Haminson. 8nan A.Nasi Peggy A.Fia:g Ass:stance First Assistant Chnstopher E.Moms Mary M.Pieper Jim 'N.Petersen Susan K McNeUis Ned G.Nelson l� Conrad J.Skoniec,y ernesICINa �. An Equal Opportunity IAfrm-vire Action Ern pinvir II. Definitions. a. Primary care or custody: refers to the person who is responsible for providing food, clothing, shelter and other basic necessities to the minor. The person providing primary care or custody to the minor cannot be another minor. b. School Activity: an event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event. c. Supervised voluntary association: scouts, 4-E, community leagues, fraternal and social clubs or other community events. Examples of such events include, but shall not be limited to, the following: dances, community celebrations and carnivals. d. Emergency errand: a task that if not completed promptly threatens the health, safety or comfort of the minor or a member of the minor's household. This includes but is not limited to seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or man-made calamity. e. Places of entertainment, amusement or refreshment: these places include but are not. limited to movie theaters, pinball arcades, shopping malls, amusement parks, restaurants and bowling alleys. III. Curfew--persons under sixteen Years of ace. It shall be unlawful for any person under the age of sixteen (16) years to be on or present in any public street, avenue, alley, park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot or any other unsupervised place within Scott County between the hours of 10 : 00 PM Sunday through Thursday (other than evenings preceding legal holidays) and 6: 00 AM of the following day, and between the hours of 11:00 PM Friday, Saturday and the day preceding a legal holiday and 6:00 AM of the following day unless: a. the minor is accompanied by his or her parent, guardian, or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor; b. the minor is returning home by direct route from and within thirty (30) minutes after the conclusion of a school activity, an activity of a religious or supervised voluntary association; c. the minor is in a place or returning home from such place connected with and required by some legitimate business, trade, profession or occupation in which said minor is permitted by law to be engaged; d. the minor is in a motor vehicle with parental consent for normal travel with intercity travel to, through or from any city within Scott County being excepted in all cases from the curfew; or e. the minor is on an emergency errand. IV. Curfew--persons over sixteen and under eichteen years of aae. It shall be unlawful for any person under the age of eighteen (18) years and over the age of sixteen (16) years to be on any public street, avenue, alley, park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot or any other unsupervised place within Scott County between the hours of 10: 30 PM Sunday through Thursday (other than evenings preceding legal holidays) and 6: 00 AM of the following day and between the hours of 12 :00 Midnight Friday, Saturday and the day preceding a legal holiday and 6: 00 AM of the following day unless: a. the minor is accompanied by his or her parent, guardian or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor; b. the minor is returning home by direct route from and within thirty (30) minutes after the conclusion of a school activity, an activity of a religious or supervised voluntary association; c. the minor is in a place or returning home from such place connected with and required by some legitimate business, trade, profession or occupation in which said minor is permitted by law to be engaged; d. The minor is in a motor vehicle with parental consent for normal travel with intercity travel to, through or from any city within Scott County being excepted in all cases from the curfew; or e. The minor is on an emergency errand. V. Curfew--Resaonsibilities of z:arents . It shall be unlawful for any parent, guardian or other person having the legal custody and control of a minor under the age of eighteen (18) years to knowingly or negligently permit such minor to violate the provisions of sections I through V. VI. Effect on control_ bv adult resmonsible for minor. Sections I through VI are not to be construed to give a minor the right to stay out until the curfew hours designated herein if otherwise directed by a parent, guardian or other adult person having the primary care and custody of the minor; nor should it be construed to diminish or impair the control of the adult person having primary care of custody of the minor. VII.Curfew--Responsibility of operator of place of entertainment. It shall be unlawful for any person operating or in charge of amusement, entertainment or refreshment, or any other place of business to permit any minor under the age of eighteen (18) years to loiter, loaf or idle in such place during the hours prohibited by sections I through V. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of eighteen (18) years loitering, loafing or idling in such place of business, he shall immediately order such person to leave, and if such person refuses to leave the place of business, the operator shall immediately notify the police department and inform them of the violation. This section shall not be construed as permitting the presence at any time of any person under the age of eighteen years in any place where his presence is now prohibited by an existing law or ordinance. VIII. Penalties 1. First Offense: A minor found to be in violation of this ordinance shall be guilty of a petty misdemeanor and shall be sentenced to the payment of a fine of $25. 00 . 2. Second Offense within one Year: A minor found to be in violation of this ordinance on two separate occasions within the period of one year shall be guilty of a petty misdemeanor and shall be sentenced to the payment of a fine of $50 . 00 or to 10 hours of Community Service or any combination thereof. 3 . Subsecuent violations within one Year: A minor found to be in violation of this ordinance on more than two separate occasions within the period of one year shall be guilty of a petty misdemeanor and shall be sentenced to the payment of a fine of $100 . 00 or to 20 hours of Community Service or any combination thereof. I X. Penalties: Adults Any parent, guardian, or other adult person having the primary care and custody of a minor or one exercising temporary supervision of a minor who has knowingly or negligently permitted such minor to violate this ordinance on at least one prior occasion shall be guilty of a misdemeanor. Shakopee Valley News Oct. 13, 1994 Shakopee Valley News / Commentary Editorial Metro curfew plan deserves support A proposal for a uniform Scott County curfew Such a curfew would allow law enforcement has remained dormant for several months, after personnel to get kids — particularly those who receiving various responses— from coolness to police believe are about to cause trouble — off lukewarm to outright support — from area mu- the streets during late-night hours. nicipalities and law enforcement officials. Not everyone is enamored with the proposal. Much of the framework of the proposal by Scott Teen-agers, mostly upstanding ones, have corn- County Attorney Jim Terwedo is included in a plan plained that the curfew would be unfair, and that for a seven-county metropolitan area curfew, re- they would be punished due to the actions of cently announced by the Urban County Attorneys troublemakers.Well,they are absolutely right,and Board, which includes county attorneys from the it's a shame. But just like adults, sometimes ev- metropolitan area. eryone suffers due to the actions of a relatively Terwedo's proposal of several months ago was few people. ) good, and the similar plan suggested by the met- The proposal has also gained criticism from ropolitan county attorneys is as well, and should civil libertarians, who contend that such a law be enacted. would infringe on the constitutional rights of fami- A state law effective in January allows coun- lies. But the law is needed not only to protect so- ties to set curfews that supersede city ordinances. ciety from a juvenile delinquency problem gone A spot check of ordinances in various cities in the amuck. but the juveniles themselves by leading metropolitan area reveals a hodgepodge of cur- them away,perhaps for only a night,from trouble. few restrictions and applications—some are rou- Passage of such an ordinance need not bring tinely enforced,some never.Some police officers visions of a police-state crackdown: As with all will gulp hard when asked what their city's cur- laws,law enforcement personnel would have some few actually is. A uniform ordinance would be discretion to determine when it is enforced. A welcome. couple of teen-agers headed for a pizza after a late As did Terwedo, the metro county attorney movie probably would not draw an officer's at- group reasoned that a curfew is needed to stem tention in the same manner as would a group of the rising tide of juvenile crime. "The number of youths congregating in a parking lot. juvenile cases entering our offices has reached an A curfew would not bring a significant decrease unprecedented level," said Hennepin County At- in juvenile crime activity,to be sure,but it would torney Mike Freeman."The magnitude of violence help. Terwedo's plan was good several months in these cases has never before been seen in Min- ago,and the metrowide plan deserves support lo- nesota." cal Iv. Memo To: Dennis Kraft, City Administrator /C? ' From: Terrie A. Thurmer, Assistant City Planner L.O. Meeting Date: November 15, 1994 Regarding: Petition for Vacation of Remaining Alley in Block 31, Shakopee Plat Introduction: City Staff has received a petition from Marjorie R. Henderson, representing The Stans Foundation of Pasadena, California,to vacate the remainder of the alley located within Block 31, Shakopee Plat. The City Council will hold a public hearing on November 15, 1994, to consider this vacation request. Discussion: At their November 3, 1994, meeting, the Planning Commission reviewed this request and recommended that the City Council vacate the remaining portion of this alley only if the City receives assurance that the Stans Foundation and Scott County will provide all necessary maintenance for the alley area to be vacated up to the Monnen's north property line. If this assurance cannot be provided, the Planning Commission recommends against the vacation of the alley. If the City Council chooses to vacate the alley, the Planning Commission recommends that the vacation be subject to the following conditions: 1. The City shall reserve the public drainage and utility easements for the entire area contained within the existing 16'wide by 160' long alley. 2. The petitioners shall record an access easement with the Scott County Recorder's Office that provides the necessary access to the private garage located on Lot 2, Block 31 (the Monnen's property) without undue hardship. This access easement shall be approved by the City Attorney prior to its recording. 3. Prior to the approval of the vacation by the City Council, a method for assuring that the ongoing maintenance of the access easement up to the Monnen's north property line must be provided to the City by the Stans Foundation or Scott County. 4. No work shall be performed within the vacated alley by the petitioner until the Downtown Alley Improvement Project is performed within this area, and the undergrounding of the utilities has been completed. Action Requested: Offer Resolution No. 4119, a Resolution Vacating the Remaining 160 Foot Long Portion of the 16 Foot Wide Alley Located within Block 31, Shakopee Plat, and move its adoption. (CITYCOUM VACALLEY.MUS) } RESOLUTION NO. 4119 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE REMAINING 160 FOOT LONG PORTION OF THE 16 FOOT WIDE ALLEY LOCATED WITHIN BLOCK 31, SHAKOPEE PLAT WHEREAS, a 300 foot long by 16 foot wide alley has been dedicated within Block 31, Shakopee Plat; and WHEREAS, the eastern 140 feet of the 16 foot wide alley was vacated by the Shakopee - City Council on November 18, 1977; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned western 16 foot wide by 160 foot long portion of the remaining alley within Block 31, Shakopee Plat serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of November, 1994; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been 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; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1.) That it finds and determines that the vacation hereinafter described is in the public interest; 23 That the 16 foot wide by 160 foot long portion of the remaining alley located within Block 31, Shakopee Plat serves no further public need; 3.) That all that part of the remaining alley within Block 31, Shakopee Plat, Scott County, Minnesota, be, and the same hereby is vacated; 4.) That the approval of this vacation is contingent upon the following conditions: r A. The City shall reserve the public drainage and utility easements for the entire area contained within the existing 16'wide by 160'long alley. B. The petitioners shall record an access easement with the Scott`County Recorder's Office that provides the necessary access to the private_ garage located on Lot 2,Block 31 (the Monnen's property)without undue hardship. This access easement shall be approved by the City Attorney prior to its recording. C. Prior to the approval of the vacation by the City Council, a method for assuring that the ongoing maintenance of the access easement up to the Monnen's north property line must be provided to the City by the Stans Foundation or Scott County. D. No work shall be performed within the vacated alley by the petitioner until the Downtown Alley Improvement Project is performed within this area, and the undergrounding ofthe utilities has been completed; and 5.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk - APPROVED AS TO FORM: ' City Attorney CONSENT Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City PlanneL Meeting Date: November 3, 1994 Regarding: Petition for Vacation of Remaining Alley in Block 31, Shakopee Plat Introduction: City Staff has received a petition from Marjorie R. Henderson, representing The Stans Foundation of Pasadena, California, to vacate the remainder of the alley located within Block 31, Shakopee Plat. The City Council will hold a public hearing on November 15, 1994, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Background: Shakopee Plat was platted in 1858. Attached is a copy of the zoning map showing the location of Block 31, Shakopee Plat. (See Exhibit A.) The remainder of the alley that is being considered for vacation is located within this block. Also attached is a copy of the section map which shows a larger portion of this area. (See Exhibit B). The portion of the alley being considered for vacation is 16 feet in width and 160 feet in length. The subdivision Regulations defines an alley as a public right-of-way which provides a secondary means of access to a property. The alley system originally platted in Block 31 provided equal access to all ten lots within the block. With ten residential lots, the alley provided the desired secondary public right-of-way. (Please refer to Exhibit B.) Over the past decades, two commercial uses (a drug store and a drive through bank) were constructed on reassembled portions of the residentially platted lots. In 1977, the eastern half of the alley was vacated. A parking lot for both the drug store and the drive through bank resulted. A 22 foot wide access easement to the alley was provided for on the western edge of the drive through bank site. (See Exhibit C.) The proposed museum project would further the pattern of reassembling the lots within Block 31. Only two private residences would remain on this block. Discussion: The 1990 Comprehensive Plan has designated the subject site as part of the Central Business District (CBD). The CBD allows a variety of retail and service businesses and offices set in a highly compact arrangement, and not necessarily having on site parking. Vacating this alley for the expansion of the Stans Museum site would not conflict with the goals of the Comprehensive Plan. There are currently overhead electrical and telephone lines, and a gas main located within the existing alley. The electrical lines will be placed underground in 1995 as a part of the Downtown Alley Improvement Project. If the remaining alley, or any portion of it, is vacated, a drainage and utility easement must be retained, and no work shall be allowed to be performed within this area until the undergrounding of the utilities has been completed. Attached as Exhibit E is a site plan submitted with the Application for the Building Permit for the Stans Museum. The existing Stans House(located on Lots 9 and 10)was constructed in 1890. The Stans Museum will be located on Lot 1, south of the portion of the alley being proposed for vacation. The museum is proposed to be constructed about one foot from the north lot line, (adjacent to the existing alley); about 2 feet from the east lot line (adjacent to a private residence owned by Erwin and Mildred Monnens); about 2 feet from the west lot line (adjacent to Fuller Street); and about 10 feet from the south lot line(adjacent to 3rd Avenue). The B-3 Zoning District does not require minimum setbacks from property lines. Lot 2 of Block 31 is owned by Erwin and Mildred Monnens. This lot is located south of the alley proposed for vacation. They currently have a detached garage that is accessed through the existing alley. The petitioners have requested that an access easement be created to provide the necessary access to the garage located on Lot 2 (the Monnen's property). In the past, the City has maintained the existing alley, along with the 22 foot wide access easement on the west side of the drive-through bank. Snow plowing, maintenance, and refuse collection would require further consideration with this vacation request. The vacation of the western 60 feet of this alley would result in a dead end alley located between Lots 2 and 3, and Lots 8 and 9. Section 12.07, Subd. 2, regarding alleys, states that, "Dead end alleys shall be avoided whenever possible, but if unavoidable, such dead end alleys must be approved if adequate turnaround facilities are provided at the closed end". To avoid a dead end alley, the dedication of additional right-of-way would be required. With the dedication of a new public alley, the width of the right-of-way would need to be increased from the 16 feet of alley right-of-way that currently exists within this block. Section 12.07, Subd. 2, regarding alleys, requires 20 feet of right-of-way width and 16 feet of pavement width for alleys within commercial districts. If the alley remains, the City Engineering and Public Works Departments would need to establish what constitutes adequate turn around facilities for a transitional urban CBD core block. The amount of public access via the existing portion of the alley is being reduced to the one private garage on Lot 2 (the Monnen's property). Collectively, the bank, retail store, and the museum have negated the need for a continuous alley system within Block 31. If adequate private access can be provided to the Monnens garage, the alley right-of-way will not be needed for public purposes. Currently, the Monnens receive a level of service from the alley in terms of additional access and maintenance. If the alley were vacated, a method of assuring the ongoing maintenance of the access easement by the Stans Foundation and Scott County would be necessary. Alternatives: 1. Vacate all of the remaining 16' x 160' Alley, while reserving a drainage and utility easement under the existing alley, and dedicating a private access easement within the eastern 90 feet of the existing alley. (Please refer to Exhibit H.) 2. Vacate a 16' x 60' portion of the remaining alley, while reserving a drainage and utility easement. The remaining alley would be located within the eastern 100' of the existing alley. (Please refer to Exhibit F.) 3. Vacate a 16' x 70' portion of the remaining alley, while reserving a drainage and utility easement. The remaining alley would be located within the eastern 90' of the existing alley. (Please refer to Exhibit G.) 4. Do not vacate any of the remaining alley. 5. Table the recommendation to the City Council, and request additional information from staff or the petitioner. Staff Recommendation: Staff can recommend approval of the vacation only if the City receives assurance that the Stans Foundation and Scott County will provide all necessary maintenance for the alley area to be vacated up to the Monnen's north property line. If this assurance cannot be provided, staff would recommend against the vacation of the alley. If the Planning Commission chooses to recommend the vacation of the alley, staff recommends Alternative No. 1, and that the vacation be subject to the following conditions: 1. The City shall reserve the public drainage and utility easements for the entire area contained within the existing 16' wide by 160' long alley. 2. The petitioners shall record an access easement with the Scott County Recorder's Office that provides the necessary access to the private garage located on Lot 2, Block 31 (the Monnen's property). This access easement shall be approved by the City Attorney prior to its recording. 3. Prior to the approval of the vacation by the City Council, a method for assuring that the ongoing maintenance of the access easement up to the Monnen's north property line must be provided to the City by the Stans Foundation and Scott County. 4. No work shall be performed within the vacated alley by the petitioner until the Downtown Alley Improvement Project is performed within this area, and the undergrounding of the utilities has been completed. Action Requested: Offer a motion to recommend to the City Council the vacation of the 16 foot wide by 160 foot long portion of the remaining alley within Block 31, Shakopee Plat, subject to conditions, and move its approval. (PLANCOMMWACALLEY.MUS) EXHIBIT A r Cry \\\• . • AG • .\\ • , !I 1 _ am,,..♦ tut,,;,,,.. • • }�� _ e/" t It Q11�'i - St% r - - 9- el' • t SPI • -- `1rill 1, 'I" _ Aga Van 111VI: , VMS �"11t. im , q 1 11=! 10r o si : ,- .lSww" on , suit 1 - - ti O� , ,: �rit coin SW= t-- 411111111111":----- - „� _ *i� L.. i di t'1 , -- iE =v�111il.�?1i-: 111 11111 ?-111"V-Cii:"L d�iiil ' ,���►t3 31tl_ 3.�► �` rig_,lei''. 11 '�1''' d14id ST 'g1111 nsIIN.01 c 111,9111 ,,„ 11tt �� ���t Ulla 11110 �1�i1 � lifill _�►iii `��,ib � �'ut�e dlWd it!1dd1S►11 11114WO111 X11_ ago i��►�G __ site le* . 11110 R,.,, X1110 '�1�r�1�! AG AGRICULTURE 110 ilttt . �1i • i iln: 111_`•.;��1d d11td l ��/1 R1 RURAL RESIDENTIAL 1 Ir' dl11 41114 �1.3t � ST10 c R2 URBAN RESIDENTIAL , ' Cit villa - . ��rlii oie ?Alio '. R3 MID-DENSITY RES. Id�11 11`11 t1�1t , � i� - itC ii R4 MULTI FAMILY RES. jd d1si11 ��se rill �r� �i;111 ga 1 BUSINESS .1 t , icad �► ,ii s1 11 II B 1 HIGHWAY 1, 101___....., MS „fir �_,� B2 COMMUNITY BUSINESS a �,,- �di1 it �� i:tij�A / m • ra B3 CENTRAL BUSINESS I wi Ill •"� �� =� . Q �ovoel©oiGowvum141ii 11 LIGHT INDUSTRIAL El 12 HEAVY INDUSTRIAL 'ice • ' i Sm. LI 11� *Tail' it moil us amm III 7 6 == r12,52 .E.F.-7 =' !im , q -gym �'= =: s=, i1: �' S SHORELAND iia , , .._,:_tf. culla hl* !nil nii =r IT : • *.* FLOODPLAIN DISTRICT; a irt� "SM 1--{ I _._.. MANDATORY PUD :�� wIi • I „lm L ' i.°' �i RTP . RACETRACK DISTRICTI ( araini- =Em .`-_ Zoning Map City of SHAKOPEE ,G '' EXHIBIT B Location of Portion of Alley Proposed for Vacation, and Portion of Alley Vacated on Nov. 18, 1977 -7 •• 2ND AVENUE 1 . •/ 0 .: s 10 q g 1 6 Portion of Alley • 10 9 .a ..1 -- •.L—"Proposed for Vacation > . .. .:.... .. ::. ::: .:. - .. <�__Portion of Alley Vacat (16' x 160'} - , - - I .on Nov. 18, 1977 ' , • ( 3 (16' x 140') 5 1 2 4 5 3RD AVENUE • iIc ... W , , 0 I ! s 1Q �1 E—+ 1 - 1 T .--413...:_a_ .„ ...... -- --� v) -• -1 -� 't i I I . . W 5 W r , 1 i1.1 I ' • . 5 , 1 ! i W - 1 1 a E . IIto I w 1 4TH AVENUE I 111 i 1c ; 6 1r, DHIBIT C • Land Division and Ownership Location of 22' Wide Alley Easement , Recorded in 1978 as a Condition of the Vacation of the Eastern Portion of the Alley • -r .. 1 l 1 a _ _ 2ND AVENUE , 1 U • 6 Private •.` . . • x Residence Retail _ - 10 9 •8-.1 Portion of Alley '' 42 .t4.__ -' 'Proposed for Vacation----►� 4---Portion of Alley Vacate r (16' x_160'} on Nov. 18, 1977 v�• gi Drive-up (16'X 140', 1 ` •• 1 5 .y Marquette Bank I 'g 1 G H • a .c 0-. r . • • • 22'Wide ey Easement . 3RD AVENUE JE {Recorded 1/10178 as a • Condition of Vacation} •• I W W 101 , S E. . 10I 6 10' ! c --1 CA . ^ : • :HIBIT D Resulting Land Division, Ownership, and Easements ' as per Petitioner's Request ' • • 2ND AVENUE I - - 0 ' •• • • • • . 6 c Private '` • .. x Residence • Retail -_.. 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P • ..i•N4•, : • • , •I ,•• ). . -I • . . z , • • k— • - m TI c —e—> 1 --. • !I • - - r-II i cri • 4 "I • • '1 .Z.'• 1 . •. . • i F• • ,,, Pt M • C • 1 . _i• I . t • '1 - • • 1 C .!I 1. ) • • • P • • p •-t • I' i. 1 .• r ..1 I • :1 • 1 • :t At '''s • ,.• . .r(. . . .., I C i • ' In -4 •. • \ 4 % • .1 Z ...‹ 1. C, r, • i '• 1 lc • . 3.--0 • r , • 33* Z. ' > X t. •I ' ,ed If. . .. 7 14 I\ z t 1 - -3 *r• „ i \ • -'S 1 . • en -0 • , 4 • Q -- • 1 1 : . r• • - ). ‘ • •Sk. m z • . 14 • - • rn A . ......-- / i , , ' -- -) EXHIBIT .11, ,, • i• , up 111....mrms... ..... ., -. • 1 .... ...I Alternative 1: Vacation of 16' x 60' Alley. . • -; (reserve utility easement) . _ -----__.)„, • • - " .• , . • 111. - . • • . ; . - • • • \ . i • .• , ... . , ..,/ • -s. -• . • .• .. . . . 0, . • .3.1 . . . .. . • • . • ._, . , , 1 • z • . - , 4 • • , r • . . • , \ ° . II m , x • •.%. -- ' (ammo"' _____ a- ° . co ;5 • • z3 m, co t ' . . . --t • • m .- • K • I 1 .i A. 1-*--) z \Nit • . - i › . • r : Z • • • • z c, • •I 1 . . I t ,....1 • 3:1 \ . * r ../...1......,...--I .i uswrnrovenvmen Si is--- •. Jir G., \ : ,......, , , t_ • _,.. . Ls. q•L .. . .. 1. i 4: -4• • la $*••f t •-•c X• .. 0, . • . -,-.„4..-- , C , 5-, .- 4• , • :: - '• „ - -. ) . ' - : ..._•- t:i-- i it 1 s I et Z -4 I'ts). • e • . '• . •... \--r,-- g• r W 1. • 'g •'A ; ‘.11 • , s•',/- • ' ./ --- . . , .. 2 ( ; -.1 .' .- - •• • • • .. . 4 • • .,• \ /. • - •t?'. .b • i I- ). .) i , - ..i ;s 1 i,_:.---. v.-L, . • gr ••ij 13 X •••.,7 /- ... 1 . .I • (.1.2. ••/••• ••‘ • . • • • / . '' • , .. , :./ ••• - - 'VI•-• .:'• i N.. 1 • • . . 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N •• • ' z.,.' z?"ac'z'3.",...,*\•.A.m..41x•,,:-.WAx..:k. ,,,,kwx.m...,: .. •-,W....; •• 4 •• -1 r;f (is 64 ,,,.. -• q I. •'. .0.V...'‘•Remaining Alley (16' x 100')ire.liii:. . . 11-, ••t ,. wi _Ii....... 1 1,f r • • - ) • •q- - - - • g-• 4•_:;.•-g-':' pa atl. Z. --. . AY,',' '4,,<,:'',.:--VV004,x,e,:-.s.Ke,.,i,"..x.,•-v:. ., ..mcf...t. -a.::,s.:::$.:. ',- "N• ... %,,,...r$4.w., %‘...,:s, ..,:zs.$,,,c,/,..,4544r..., 44,-w:•••.g&c::- ....:••: i• " ..'• g , • ••-• .0?-4,- "•'•''',c.-'•-m,..`:.•:. .4•••';•.' '''''' ,:'"••'•;;$,•W ks.4f.,e,....*:•:,.,--••••• :<::.‹. ---------------- . • 73 -• •% M. • in IPit' . • IV-- ,•• e. •.. • • ily -. '- .. •.-- :- :-- • : -4111..ag - . Ai • A -`1, • • 1: . ... ;* . , • . • • . 14,- .5 ••• • • . • •f ., . , • . "1‘ ••• • • •145C • • . 0. . • (• t, k• . • 1 I.% • i t •• .** . D. •4. • i 1 I*. AI ...,•••11.4.`f I • • 3 ,,, • I' •••.. ''' ; 4at s • s• , •. tr,.1 • --(•• ..• . . . . • . --I 1 . ' -' • . . .r? .. • t I N g q •... . li • • ... i= = :: i . • 4<• fIA C ;a • , • i ' •T• li • • • . . • • . . • • .• . . m , li 1 • . • .. ., " .. i4 ••], ,. r - N..1--I • Fi, - • . .. ..• . • . • ''‘ -P i • -I. I E 4 •• • .1 • . •-( . . . > 1 N• ' •:* .• • : tr :: 1 I. • Z• • • 1.. ', .... • : .1\..1 • . cl 0 I! • • .T.•II P. • )- tr• ‘1 r • I A A6 6 ,. i V • ' • . • SP li *i l' :-.. •• i ' k- • • 1 - v iii .-44—> • 0-: ret V m i 31, . • 1 - • • . • • 1 • 1 . 1 •SI • .. C •. • • . ? • • 1 G / .) . • • • UL > ,, 1 • i • / • I - .• • , • • P • • I, • I ' / r • ! •s .1S• • . 4 ‘.•17 i' • • ... sP p . ( • / . •• ,. 7 . .... „, . . • ••••• - 4 lei VI • • • • r I Z .• • 1.., • • ' p 'ft,. , 114- , 3'.di . • • . .dt- • 14 r'• q !- D3 ' m • - ••i> .4, • • ‘r ;I .1\ • --'1 co - •R • s m°/.71 --- -. • 1\in .NIL z EXHIBIT C._ • ; ; -, Alternative 2: Vacation of 16' x 70' Alley. • . ,. -; (reserve utility easement) / l E .. .... . . a N 0 tN • m • o � z - : ''I • \1111.4\bett. . •...:- , 33 • : i- ; -: ' t .'• C - $:$t •-•,f• • ti i - • !-,1( ) . 17k., 4 ,, . ,__ i' ' 40 J • a l . . ./ ' I WVrifillkAlb7�li'lY14:, 7 ®f •--• ,4,/ i• ` L`� a ` 501 i ._r ' D D y • i•• r. D • -T1 • ti, } : �.• 14:"• _ 1: '•. n.4' : . ; -• - t ..A ••. I . r- :• c" •fYr s ;1. \. _:__..►�� Ce.--tri _ _ ' 1 Its g • .. ('i'► .•� t� ��•—.• '��. .t��.k` ;t ?T�•y�::•. . :•ti�'s'•:�y:'''�}_s#ri2�+:ex:`c:.' % : 1 • • • r: , ' ag rnE f 3i • _ '2 Remaining Alley (16' x 90') �_•::i.::•''>;' + "la . ter.. ,•f•,•:r:• :..a::::i :'`:::i:7:::;::: �l 1• l•f . I � :'., `� .�� f. -. -Z. }{}i.{:::tea: 'i'.•• :�• . . • - • i ! • •µx Baa. • , la • • • -L . ac . . xm y N . a VP Fb . 1 . mei i II. I =t . ; _ • r it.11 • 1iii 4 . Ja r i, 1 1 l r t. -� �: I oN r J • • 33 FN ; r � i ..r.,3. q. ° • r" r 1 `► i 11.\\ z m J EXHIBIT 4 \ ,' ` • ! ,. f . i Alternative 3: Vacation of 16' x 160' Alley. (reserving utility easement and dedicate alley easement) I No, --__ . a N f- D . • • 1a . \ C O _ m x • „ -- .. D • y j .' Z • D 1 • / C LI i ••.,.. i L 1%Tn!w el'IlwA •• A •. • ,` ;' ! �+ - • '4. t 1'. / 1 IVIVVOSIVINV, WM:;.. -1) • , . .. .. i ,. ,,. } \\<, ,/11k,„,kNii ' #•• ,.. 41, . . t\-.-3 Ix _ - 41 is 1 14:”. .- 1 , - , .41.. 014) iN - d - I - :�`'"-'1 •, .. -D� - I l ,-'. . -r • .* _ . XI.D .• • • /11* c •• '`► : % , „� .• "'� --:r- - al•-t Via' - . . r • C: r- : - _ - \� - L- Le-__r t,;_"� • 11-- . 1 $ . - • •. } c , ----0:•„.„.„,...„,:....„...,,,..,:::::::::.:,„:::'Ow } { - 73 r. 'P' . —4••"'' a a i• g � i`r - ?t : • f 2 �t e 1l —4/MVOA_ .611.47 • :-i • : C_ -•->- ia, --q • • -� ' � • p6. r •• '` ` 1n _ '; J •• II • '• . • • m V 11 t - --I . fp N E " . ; —tel ` • > N. . :• •• . - r y '. • zi, cn. IF-11 r 1 r } i . . 1 -tr pi' -i - I. <---- • ki • •il co-----I--,-, • • ' • -- '•: • • • 1 : a R• C1 . t • `1 1s. 0 Pt N \�`' • re) •••.. taw . • F N n o Is far 'iii �_ ' •• y • - EE • 4 • Z • • 1" • /1b PLEASE BRING FEASIBILITY REPORT FROM OCTOBER 4, 1994 MEMO TO: Dennis Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: St. Francis Sanitary Sewer Extension Project No. 1995-2 DATE: November 10, 1994 INTRODUCTION: Attached is Resolution No. 4122, a resolution ordering an improvement and the preparation of plans and specifications for the St. Francis Regional Medical Center Sanitary Sewer Extension. BACKGROUND: By Resolution No. 4094, adopted on October 4, 1994, a public hearing has been set for November 15, 1994 to consider installing sanitary sewer to serve the proposed St. Francis site. The feasibility report on the sewer extension was presented to the City Council at the October 4, 1994 meeting. The project consists of constructing sanitary sewer from the proposed St. Francis Regional Medical Center site to the Chaska Interceptor. The interceptor construction is scheduled to begin in 1995 and be completed by the end of June, 1996. This sewer extension was petitioned for by St. Francis Hospital. The feasibility report recommends constructing the sewer and assessing 100% of the costs to the benefitting properties. There are several properties which will benefit by the project, but are currently outside of the MUSA area. The assessments for these properties are recommended to be deferred until such time as MUSA extends into the area. Staff will be present at the November 15, 1995 meeting to give a brief presentation on the project. ALTERNATIVES: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4122, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the St. Francis Regional Medical Center Sanitary Sewer Improvements, Project No. 1995-2 and move its adoption. RESOLUTION NO. 4122 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For The St. Francis Regional Medical Center Sanitary Improvements Project No. 1995-2 WHEREAS,Resolution No. 4094, adopted on October 4, 1994, fixed a date for Council hearing on the proposed improvement by installation of sanitary sewer to the St. Francis Regional Medical Center site by connection to the Chaska Interceptor; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 15th day of November, 1994, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Installation of sanitary sewer to the St. Francis Regional Medical Center Site. 2. Bret A. Weiss, Orr-Schelen-Mayeron & Assoc., Inc. is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1 1'— --0. 4.. 1 1 u� i IA /ill 2 MIN zt. - . t.177 IIi1L r1( iii, doe 1711 . \`N. N0. 77 I Mil / , L .1) 11111111111•11:14 . Ili- ex )1 !.�1,�. a ikel PI /iCO. RD. 79 ■iQ m sa r ;" ` is: r7 : pow �� 1. is I et mi )4 F. mi ii1po n pro ' ` I •iZa i -0<, I %ripc. ( ) t �h � Z Z i •�11 t,1 . kki 0 \ MARS '. . ROAD • \\ -p , i• CSAR 17 S.Sk �h. •I t t — \ . . !Zr ���i 1 - ♦ ,� h II1iL ' ' 1 -4 off ,z, Nil. 144 ....i) gir...:13111 ii 1 Nur '3/4 �•. 1 ,� , 0 j m'1._,. ii m u ber, 1 • / 1 77.i.,6" _ tiJit IC.i1't,D. lei,„ i, I -4ip.'41:4). 11 1 / I I ,.] 4,• 1 1 \ :\:tvis‘``q 1 1' / il�.• V (../) v) ;. Z,�sPae ji rl 8 l y rl 8i 7/I +` ' P alorgai.IPetifitirysAiYii/ 4 1 /\ / m * '' • • : A It)- in a I( -I ii 4 c pr,;,- I. 0A 1 1.. orb ORRIN THOMPSON HOMES Minnesota Calls Us Home November 14, 1994 Honorable Gary Laurent Mayor of Shakopee 129 Holmes Street Shakopee, MN 55379-1351 Re: St. Francis Regional Medical Center Planned Unit Development and Trunk Sewer and Water Feasibility Report Dear Mayor Laurent: The purpose of this letter is to publicly respond to the following important growth issues facing the City of Shakopee, Minnesota. 1. St. Francis Regional Medical Center Planned Unit Development (PUD) 2. Feasibility Report for St. Francis Regional Medical Center Sewer and Water Utility Improvements Orrin Thompson Homes, owner of 70+ acres of land adjacent to and east of the proposed St. Francis Regional Medical Center, believes construction of the medical center will be a positive shaping element in the community. We therefore encourage the City Council pass a resolution strongly accepting the medical center's planned unit development as proposed. Regarding trunk sewer and water service to the regional medical center, Orrin Thompson Homes encourages the City Council to take a more comprehensive look at the service area. With this approach, the City could expand the service area to increase capacities, expedite urbanization in the area, create more demand for the community's commercial systems and more quickly retire the encumbrances incurred for the construction of the Chaska Interceptor Sewer. Thank you for letting me correspond with you. Respectfully, )42X---3 Bruce Pankonin Development Manager ORRIN THOMPSON HOMES BP/jdh cc Richard V. Wicka Frauenshuh Companies • 900 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402 8421 Wayzata Blvd. • Suite 300 • Golden Valley, MN 55426. 544-7333 // MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Sanitary Sewer Rates DATE: November 15, 1994 Attached is information that Councilor Sweeney will be discussing regarding the sanitary sewer rates . � 1 6 O O 0 N M O O 0 'n In o0 O 0 0 N N 0 0 0 N N O O 0 0 . d' N 0 0 en O en '-1 O\ N O N 16 16 O O t v: O N O\ 1O 0 .O en 0 0 10 1/4O N ON ON ON 0 NN . : r-+ N N 'n N N ' T"I N 69 N b9 . -•i 69 69 b4 .--i ,-i .-i b4 bR 69 69 69 44 0 0 0 00 N 0 0 0 in In o0 0 0 O d• Ln 0 0 0 N N vO vO O vO d 0 0 0 •--+ ON 0 N 00 o 0 N oo O od• O O N en 10 1/46 ON VO 0 1O _M N 0 N ON MN 00 CI / 4 N4 ' {,? O N N t N N d' O69 44 E9 69 a +-' 0 0 0 cM-4 0 0 0 0 0 N in oo N vO ".; to ,F•.) 0 N ON O ON NO N O O O 0 0 0 � M d- ON N , cp--i �.," 'ON dO dN ' ' 00 1O O N e a) N d) 0' N O N. N d 0 0 0 0' M M oo a) '--400 N O •--+ O N O\ N M .-i N M &.., :L4 . 69 li CI) 69 49 69 694 S a) , 0 O 0 en N 0 6' Lel in o0 a) 4) C. G) rn '.r tri4t N_ 'f . N O O. 0 . e II O � 00N 00N N 0 N � N tn U N � OA c� rel r--1 .--i ,--� .--i '--.1 .--4 .--I Q\ L. 69 b4 b4 69 49 bg N $. 4.4 CU .,--i ,4 a.. a) •� c� � N0 NN 00 0 � NNN ' .E alo C� 0 U c+..1o M In 0 trn O M oo .--4to i.., N C/) /� � 0 rn O O O . Nis v i ,i iii‘ N rn 64 I+i O\ 0 v7 N 00 00 1/40 ON kr) Ln Ln ', �` 01 '-+ N 49 N '-1 O\ d' '--+ 01 r-+ •-i cd • 4--) .--1 ,--i 69 69 69 69 69 ,--i .�; CA •— 69 69 69 6F} 0 CCI 0) ,—, U al a) b I 00 0 ON ,--1 00 00 O � �? O O O N Cr) O 0 0 I � 00 N O N N N O O M r--4 d- ,O on O kr) dt N O O M �t ,--i0\ N O N 1O O O O O Men N - 0' N O N M O O VO M .-i O\ N N d• .--( N N N O N 64 69 64 69 61- 6A)- O 00 00 N O O O n ) o0 N O N • L O O M oo 10 O Vf d- O O O 0\ M M N 0\ N O N.s Na NI O O M a\ Ma VO 0\ N ON M N O N00 ,1 oo ‘-+CCI r1-4N VS- d^ _64 O 6 6N4 boo _O •l•bl) b4 69 64 69 69- o 4o , . O oo ,--( 0\ O O O O to L% 00 •�-' N oh M �O O O O cn '1t 00 vO c,) .E.., O N tr? O to v0 t 0 O O co d^ M t^ "CI .--10\ N O N 00 N 0 0 0 00 0\ 0\ N O N 0 11) 01 N ON N Nt O O O 0\ oo O oo — N N 't .-, O N 0\ N 0\ ,--I oo M 4.1 o .1• CI) TA- 64 Ef} 69- CD ,i; 0 O O M N O O Ln vl 00 Cd Q L 00\^ N O N .N-^ N u) U 4) 0\ N N N N_ tr 0\ 0\ 0\ 0\ 44 Q..• ' N N N O k0 l N 00pN a\ MI ►71 r--� Q '--� .--" 6 . .--i 63 64 63 6R O\ u.. ,N c ►, i .--i N ct ,, 64 64 69 N a O O O \O 0' O O In 00 O 0, .`� c� N O N O O O '4' N N .O c� O R j O U c.+_ � O in M 0^ o 1/40 0o •-4 v� N Q a\ N O N r•-+ N �O �n O� O\ ct 0 69 p-1 0' v) N N_ 00 00 10 ON N If) �., .-� N b M 699 69- 6N�4 60' N '^ 4 " 01 •1( b464 64 N U 0b I 00 Co 0\ .--( 0000 O cu "> In N. 0 N \O 0o 0 00 o N O c) cd - Ln O In M N d^ ,:t• M 00 O 0 0 ON rn N O N 0\ 't oo rn to I a\ c 0 Q\ N N \O InN N N O\ d- 1-+ A �' ,--4 r--4 N 4 M 64 ON VIN N 0\ o e •'" cP 4 wo 643 6 44 .- 4 •- 64 69 64 6S- OM 0 c0 0 cn O U mi O 1-4 .--1 •_ •� Cl) 11 1 0 ~ •~ ^ c� i--4 0 O Cl) rn Cl) V) v) 0 ►-a 0 0 0 Pr N c� Ccll U > W w a.) 0 t> aW i N 1-4 o ` «s a� . 0O . .U44 CU aL� o � �i H 0 UCY, W WUCC) < A0H Current Proposed Rate Rate Flat=4.00 Flat=8.00 MONTHLY RATES FOR: Flow=1 .42 Flow=1 .74 Residential @ 2,000 gal. 6.84 11 .48 Residential @ 5,000 gal. (average) 11 . 10 16.70 Residential @ 10,000 gal. 18.20 25.40 Medium Acct. @ 123,500 gal. 179.37 222.89 Large Acct. @ 21 ,300,000 gal. 30,250.00 37,070.00 TOTAL REVENUE 1 ,272,570 1 ,700,566 Assume 3,700 sewer accounts and yearly billable flow of 771 ,105,000 gal. Assume required increase in revenue for the year of 427,996. Public Hearing Sanitary Sewer Rate Increase November 15, 1994 The Shakopee City Council will hold a public hearing on increasing the rate for sanitary sewer service on November 15, 1994 at 7:45 PM in the City Hall Council Chambers, 129 Holmes Street South. Under this proposal, the average residential bill will go from $11. 10 to $16.70 per month based on 5, 000 gallons of water use. 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W WL) as ci SOF- + 78 I NN o No v.D0 0 0000 N p C)tn M N d' d- 00 O p,, N In 6.3 N 1/40 ON N N C O d- •--i 1-.4 6+4 49- 6R .--1 RCTON 609- -Eft 49- ON .--1 Cr) d- M N t .1- M 0000 OM N CT CT "Zr N — N •N-, O en M N m ,_ 6R .--i 69 •-1 6+4 49- r-i 6F} 69 69. 69 49 -� 00 00 O 00 CA 00 N O O N N V) 00 '4t N kO M N V) 4) c. N N N O N N kr) M C‘3 VI ' N 6R 60' 6R 6s} d^ 00 49 49 OT CT r--, O ?"-4 r-, «i 4) . O. N rn rn1. d- r vo r c)- C/) i,.., CT N 'n M \o kO In b 4 in O 00 O O •-+ N 6F} o, N. ›1 •4-a ON r-i 69 .-i 6 69 69- cid • e•--1 6R 6+4 69} Z v= v.--4• c4 N CT O1 M •--- 01- M CD 00 C I 4 4 O Cr) VO OT O •--i N. O O 0 ON N O V) 000 Cr)" d' VO M e-469. '--i 69. 69 69 69 VD R 6 Ukoa 69- 69 00 O\ t--- N •--a 1O M M Ch CD N VO N M•-i ON COON •--- CT" Oa Vi d-a Vo d•a cf .-I CT N •moi M 4 - CT N 00— N' 00 1-i .--i b4 6F} 6+4 6F? 69 69 Z • � .5 -- cel cl N s •U , ›, .--i sem, .01 cr) a) a6 � •act Q N , W x a a) > �; N w 63 > 8WW , mt -aU E F 0 U W Gq Q � 1c. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxiand, Finance Director RE: Public Hearing For Sewer Rate DATE: November 3, 1994 Introduction Council is holding an informal public hearing at 7:45, 11/15/94 on the proposed increase in sanitary sewer rates. Background Need for Increase The size of the proposed increase in sanitary sewer rates is significant due to two primary factors. First is the number and cost of projects proposed to be funded by the sewer fund over the next 5 to 7 years. Please reference the attached chart of the projected Sewer Fund balance over the next 5 years based on the projects included in the approved Capital Improvement Plan (CIP) . The revenue projected is based on the proposed rate being implemented for 1995 and a 5% annual increase thereafter. The Sewer Fund cash position is severely under funded after 5 years. Second is the change in philosophy of funding replacement of assets by accumulating cash through depreciation versus issuing debt. Previous Councils had not bought into the idea of accumulating cash for asset replacement and had not analyzed the funding of the utility in the same light as is currently being done. Previous Councils had looked at cash position in terms of operating cash being at a level of 5 months of operating expenses. This amount would be $ 4/.0o,00.6 for 1995. Capital expenditures were not a major issue until very recently with the Chaska Interceptor, the River Interceptor and the other projects identified in the 5 Year CIP. Rate Structure The City of Shakopee sewer rate is in two parts. One is a flat rate of $4 . 00 per month just to be connected to the system. It was originally set up to be that the flat charge would cover the city costs of operating the sewer system as opposed to the treatment costs charged by MWCC. The flow part of the rate was set to generate money to pay for treatment charges including treatment for the inflow and infiltration in the system. Therefore, the flow rate has been higher than the rate MWCC charges the city. Inflow and infiltration (I & I) is water that enters the system unintentionally through cracks in the pipe, manholes, etc. due to rain, floods and ground water. All the users of the system bear the cost of treating I & I. All users of the system are billed at the same rate and proportionate to their use of the system. This is a requirement of MWCC as a condition of Federal grant money used in the metro system. Residential users are billed for 12 months based on the water used in the previous winter in order to avoid charging for lawn sprinkling, etc. Commercial and industrial are billed quarterly or monthly on current water use or measured sewer flow. Comparisons The 1992 Metro average for residential accounts was $11.53 per month, Shakopee was at $9. 10. The 1993 Metro average was estimated at $11.88 while Shakopee was at $9.80. For 1994 Shakopee is at $11. 10. A recap of 1994 rates of surrounding cities is: Flat Rate Flow Rate Shakopee $4. 00 $1. 42 Prior Lake $0. 00 $2. 30 Chaska $0. 00 $2. 22 Savage $4 .40 $1. 75 Please reference attached chart for proposed rate structure and inpact on representative accounts. Action Requested Hold public hearing and give staff direction on the rate to include in the 1995 fee resolution. Public Hearing Sanitary Sewer Rate Increase November 15, 1994 The Shakopee City Council will hold a public hearing on increasing the rate for sanitary sewer service on November 15, 1994 at 7:45 PM in the City Hall Council Chambers, 129 Holmes Street South. Under this proposal, the average residential bill will go from $11. 10 to $16. 70 per month based on 5, 000 gallons of water use. The public is invited to attend the hearing and provide input to the Council on the sewer rate change. / GV Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner • Meeting Date: November 15, 1994 Re: Preliminary and Final Development Plans: Minnesota Valley Health Campus Planned Unit Development Introduction: At their meeting on October 20, 1994, the Shakopee Planning Commission recommended approval of the Preliminary Development Plan for the Minnesota Valley Health Campus Planned Unit Development(PUD)to the City Council, subject to conditions. At their November 3, 1994, meeting, they recommended approval of the Final Development Plan to the City Council, subject to conditions. Due to the timing of the Planning Commission's review of the Preliminary and Final Development Plans, staff is proposing to combine the conditions of approval for these two items into one resolution. A copy of the staff memo to the Planning Commission from the October 20th and November 3rd Agenda Packets have been attached for your reference. Please refer to the staff memo in the October 8, 1994,Planning Commission Agenda Packet for additional background information regarding this project, and information regarding the PUD approval process. Background: The applicants are proposing to construct the facility in two phases, with site grading being proposed for the fall of this year. Ultimately, the facilities will be approximately 274,200 square feet in size, with a regional hospital facility, a long term care facility, a clinic, and two medical office buildings. The developer is proposing to plat six (6) lots on 40 acres. Mr. Richard Wicka of Frauenshuh Companies recently contacted City staff to let us know that the applicants have recently decided to attach the Long Term Care Center to St. Francis Regional Medical Center. In order for the City to comply with this request, two additional variances to the 15 foot side yard setback will be required. Staff is recommending that recommended condition no. 1.0 be amended to reflect this design revision. Planning Commission Recommendation: The Planning Commission is recommending approval of the Preliminary and Final Development Plans for the Minnesota Valley Health Campus PUD, subject to conditions. They also recommended that the City Council recommend to the Scott County Highway Department that a traffic signal be placed on CR 17, near the entrance to the proposed health campus. Staff Recommendation: Staff recommends that Recommended Condition No. 1.0 be amended to read: 1.C. (4) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. Four 15 foot variances to the 15 foot side yard setback requirement are approved for attaching (zero setback)the Park Nicollet Medical Center and the Long Term Care Center to the St. Francis Regional Medical Center. Action Requested: 1. Offer Resolution No. 4120, A Resolution Approving the Preliminary and Final Development Plans for the Minnesota Valley Health Campus Planned Unit Development, and move its adoption; and 2. Offer a motion to direct staff to send a letter to the Scott County Highway Department stating that the City Council strongly supports the installation of a traffic signal on CR 17, near the entrance to the proposed health campus, and move its approval. (TE RRIE\C ITYCOUN\FPUDM V HC.115) • , 7 CONSENT Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: November 3, 1994 Re: Final Development Plan: Minnesota Valley Health Campus Planned Unit Development Introduction: The projected time frame for this project is as follows: October 20, 1994 Planning Commission Recommended approval of Preliminary Development Plan to City Council. November 3, 1994 Planning Commission Recommend approval of Final Development Plan to City Council. November 15, 1994 City Council Approval of both Preliminary and Final Development Plans for PUD (one Resolution / Development Agreement). December 8, 1994 Planning Commission Recommend approval of Preliminary and Final Plat to the City Council. December 20, 1994 City Council Approval of both the Preliminary and Final Plat. Background: At the October 20, 1994, meeting, the Shakopee Planning Commission recommended approval of the Preliminary Development Plan to the City Council, subject to conditions. Please refer to the staff reports in both the October 8, and October 20, 1994, Agenda Packets for background information regarding this project, and information regarding the PUD approval process. Considerations: Due to the size and location of the project, a number of policy decisions were involved with this request. The most important of these include sewer and water services, street circulation, and public easement patterns. Land Use The applicant is proposing to construct the facility in two phases, with site grading being proposed for the fall of this year. Ultimately, the facilities will be approximately 274,200 square feet in size, with a regional hospital facility, a long term care facility, a clinic, and two medical office buildings, with 997 parking stalls provided to support the facilities. The developer is preliminarily proposing six (6) lots on 40 acres. 1 In order to develop the site as proposed, the applicant will need to receive approval of the following variances from the Zoning Ordinance or the Subdivision Regulations: A. (1) Section 11.28, Subd. 5.A, regarding Front Yard Setback of 50 Feet. The applicant is proposing attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. A lot line between the properties is being proposed to allow a separation of ownership. A 50 foot variance to the 50 foot front yard setback requirement is being requested for the lot proposed for development with the St. Francis Regional Medical Center. B. (2) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. The applicant is proposing attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. A lot line between the properties is being proposed to allow a separation of ownership. A 40 foot variance to the 40 foot rear yard setback requirement is being requested for the lot proposed for development with the Park Nicollet Medical Center. The applicant is proposing that the structure proposed for Long Term Care be located approximately 20 to 25 feet from the rear lot line. A 15 to 20 foot variance to the 40 foot rear yard setback requirement is being requested for the lot proposed for development with the facility for Long Term Care. C. (2) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. The applicant is proposing attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. A lot line between the properties is being proposed to allow a separation of ownership. Two 15 foot variances to the 15 foot side yard setback requirement are being requested for both the lot proposed for development with the Park Nicollet Medical Center, and the lot proposed for development with St. Francis Regional Medical Center. Transportation The applicants are proposing that the north and east streets be constructed with the property lines as the centerlines of the rights-of-way. This means that half of the right-of-way would be dedicated by the applicants, and the other half would need to be obtained from the adjoining property owners. Since the adjoining properties are undeveloped, dedication of needed rights-of-way can occur. However, the time frames for the right-of-way dedication for these outside halves is uncertain. The applicants are proposing to dedicate 40 feet of right-of-way along the north and east property lines, and 80 feet of right-of-way along the south property line of the health campus since the applicants own both the campus PUD site and the site to the south. The applicants will be petitioning the City for the construction of these public streets. CR 17 is designated on the Transportation Plan in the 1990 Comprehensive Plan as a minor arterial street. The minimum right-of-way width for minor arterials as established in the Transportation element is a range of 80 to 150 feet. 2 The traffic analysis provided by the applicant, proposed a street width (curb to curb) of 98 feet for CR 77 with the completion of the second plan of the health campus. The proposed 80 foot right-of- way for CR 17 clearly will not be adequate for the proposed future development of the health campus. The east-west street on the north side of the subject site was designated as a collector street in the 1990 Comprehensive Plan. The range of recommended right-of-way widths for collector streets is 66 to 100 feet. Figure 9 from the Traffic Impact Study for the Minnesota Valley Health Campus proposes an 86 foot wide street on the north side of the site. The 80 foot wide right-of-way will not be adequate to support the proposed street design. The range of right-of-way widths in the Comprehensive Plan have been established to provide the appropriate widths in various areas of the City. As a minor arterial, CR 17 extends from one end of the City to the other. In the rural service area, the right-of-way widths for CR 17 tend to be narrower. Whereas, the dedicated rights-of-way for CR 17 in the urban areas are wider, especially where there is a median street design or turn lanes. Future rights-of-way needs and all other necessary public improvements should be determined by the time of preliminary plat approval. For large, phased projects such as the Minnesota Valley Health Campus, the PUD review process provides an opportunity to address street system needs in greater detail prior to the preliminary plat review. The traffic impact study as well as the site, utility and phasing plans are necessary documents used in the evaluation of a project's impacts and needs on all public facilities. In the applicant's cover letter (Exhibit B), item number 4 addresses the proposed rights-of-way dedications. The letter also notes that if the City were to request additional right-of-way along the north property line, the applicants would be willing to sell the necessary right-of-way. With previous subdivision plats located adjacent to minor arterial or collector streets, the City has required rights-of-way widths greater than 80 feet or 40 foot half widths. As the City experiences more development near the Bypass and adjacent to major streets, greater right-of-way widths will be necessary. In a recent discussion with the County Engineer, the 80 foot wide right-of-way for CR 17 is not adequate. His September 20 letter stated the following: "Agree with 80' right-of-way from the CSAH Centerline." This statement would result in a 160 foot total right-of-way width for CR 17. With regard to the east-west collector street on the north side of the site, staff believes that a 120 foot wide right-of-way would be necessary for the future traffic volumes established in the traffic impact study and the proposed street width. •3 In the review of the Jackson Township Comprehensive Plan amendment, the Metropolitan Council directed the City to develop a minor arterial street system to alleviate local traffic impacts on the Bypass. This directive may necessitate the east-west collector street to be redesignated to a minor arterial street. Staff will continue researching this issue. The right-of-way dedication issues will be addressed with the preliminary plat review. The applicants have requested that Scott County install a traffic light at the intersection of the new public road to the south of the PUD site and CR 17 (Marschall Road). The applicants have submitted a Signal Justification Report (SJR) to the Scott County Highway Department for their review. However, in order to facilitate the installation of the traffic light, the applicants are requesting that the Planning Commission make a recommendation that the City Council recommend to the Scott County Highway Department that a traffic signal be placed on CR 17. Sewer The applicant is proposing that occupancy occur in 1995. However, the Chaska - Shakopee Interceptor sewer line will not be ready for use until 1996. As a temporary measure, a sanitary sewer holding tank is being proposed to enable the facility to operate at a limited scale until the local. sewer collector is installed along CR 17. The applicants have stated that they will require sanitary sewer services provided to the site by July 1, 1995, and the line must be able to accept sewage from the site by September 1st. The applicants will be assessed by the City for these improvements. Water The applicants have been working with Shakopee Public Utilities (SPUC) regarding water and electrical services. They are requesting that the City work with the Shakopee Public Utility Commission to ensure water and electrical utilities per their schedule requirements. SPUC has commented that water is not currently available at this time, but that negotiations with the representatives of the hospital have been continuing. The applicant has stated that SPUC has formally accepted the feasibility study for the installation of the trunk water main, and has forwarded the study to the City for public hearing. In addition, they have informed staff that SPUC has approved proceeding with the land negotiation and well and pump house studies. Open Space Section 11.40 Planned Unit Development(PUD), Subd. 3, states that 20% of a PUD must be usable, open space, and this space cannot include land devoted to streets, alleys, parking,and private yards. The required open space for this PUD is 8.00 acres (Gross site area is 40.0 acres x 20% = 8.0 acres required). The areas designated for open space are provided on the attached "Open Space Plan". With the preliminary PUD, the applicant was pursuing a park dedication credit based largely on providing a considerable amount of open space (approximately 15 acres). Under this scenario, the defining of open spaces came under much more scrutiny with respect to the Zoning Ordinance requirements (Sec. 11.4 Subd. 4.E - park dedication credit, which states, "Required setbacks shall not be included in computation of open space"). 4 With the final PUD,the applicant has dropped the park dedication credit proposal. Clearly, the site plan provides for ample open space above the 20 percent requirement, Staff is recommending that the condition from the preliminary PUD requiring open space reductions be approved by the City Council, be deleted. Park Dedication Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of dedication of park land. Using the 1990 purchase price of $471,944, which was provided by the applicant, the Park Dedication Requirement for the 40 acre PUD site would be $31,141.20, and the Park Dedication Requirement for the 20.62 acre site to the south would be $16,053.20, for a total of$47,194.49. These fees have been discussed with the representatives of the applicants and they have agreed to the calculations. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. The developer has requested that the Park Dedication payments be deferred to the time of the issuance of a building permit for the 20.62 acre site located south of the PUD. With the approval of this request, the City Council would enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a against the property. Landscaping The current Zoning Ordinance requires the applicant to plant one major deciduous tree every 50 feet along public boulevards. Using these requirements, the applicant would be required to plant a minimum of 106 major deciduous trees along the public boulevards. No other landscaping requirements would be required for this site. The new text for the Zoning Ordinance was adopted on June 7, 1994, and it will become effective once the mapping process is completed. Section 11.60, Performance Standards, Subd. 8, of the revised Zoning Ordinance discusses Landscaping Requirements. In an effort to provide the community with a more desirable environment at the site, the applicants will be providing landscaping as required by the new Zoning Ordinance which was adopted on June 7th, but will not take affect until after the mapping process has been completed. The new landscaping provisions require more landscaping than the existing ordinance. It requires 15% of the lot be landscaped, and that the landscaping be concentrated between the principal structures and the adjacent streets. In addition, the City requires the submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. According to the calculations submitted by the applicant, the Landscaping Plan is in conformance with these new requirements. Wetlands The developer has been informed that they must submit a Wetlands Delineation Plan, an "Application for an Exemption to the Wetlands Act of 1991", and required $75.00 fee. The Environmental Assessment Worksheet stated that there are no wetlands on the site. The Engineering Department will be issuing a Certificate of Exemption to the Wetlands Act of 1991 to the applicant once the application and fee have been received. A condition has been recommended that the 5 approval of the PUD be contingent upon meeting the requirements of the Wetlands Conservation Act of 1991. Signage The applicants have included a "Site Signage Plan" in the application packet for the Final Development Plan. Staff has reviewed the proposed signage and finds the proposal to be similar to that allowed within a commercial zone.. Staff has included a summary of the proposed signage on a per lot basis as Exhibit C. Staff has recommended a variance to the Sign Ordinance recommended to allow compliance with this proposed sign plan. Other Considerations Each property must have its own water service, and sanitary and storm sewer services. All private utility easements that cross private property must have a recorded easement, and this document must be approved by the City Attorney. The stormwater retention pond must be covered by a public drainage easement. Internal public easements must be approved by the Engineering Department and/or Shakopee Public Utilities. Alternatives: 1. Recommend approval of the Final Development Plan to the City Council. 2. Recommend denial of the Final Development Plan to the City Council. 3. Table the decision and request additional information from the applicant and/or staff. 4. Recommend that the City Council recommend to the Scott County Highway Department that a traffic signal be placed on CR 17 near the entrance to the proposed health campus Staff Recommendation: Staff recommends Alternative No. 1, the approval of the Final Development Plan for the proposed Minnesota Valley Health Campus Planned Unit Development, subject to the following conditions: 1. The following variances are approved: A. (1) Section 11.28, Subd. 5.A,regarding Front Yard Setback of 50 Feet. The applicant is proposing a 50 foot variance to the 50 foot front yard setback requirement is approved for attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. B. (2) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. The applicant is proposing a 40 foot variance to the 40 foot rear yard setback requirement is approved for attaching (zero setback)the St. Francis Regional Medical Center to the Park Nicollet Medical Center. 6 The applicant is proposing a 20 foot variance to the 40 foot rear yard setback requirement is approved for the lot for the Long Term Care facility to be located 25 feet from the rear lot line. C. (2) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. The applicant is proposing two 15 foot variances to the 15 foot side yard setback requirement are approved for attaching (zero setback)the St. Francis Regional Medical Center to the Park Nicollet Medical Center. D. (1) Section 4.30, Subd. 4, regarding Signage Allowed within the Multi- family Residential (R-4) Zone. A variance to this portion of the Sign Ordinance to allow compliance with the "Site Signage Plan", as proposed with the Final Development Plan for the Planned Unit Development. 2. The following requirements regarding right-of-way and street construction shall be required: A. The applicants shall submit a petition for public improvements for the north, south and east street projects. 3. The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply with Section 11.60, Performance Standards, Subd. 8, of the Zoning Ordinance adopted by the City Council on June 7, 1994, for Landscaping Requirements, including: 1) Fifteen percent (15%) of the lot must be landscaped. It must be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; 2) A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping hall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 3) Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall be composed of shrubbery. 7 • a) Overstory Deciduous Trees 2 inch diameter b) Ornamental Trees 1-1/2 inch diameter c) Coniferous Trees 6 feet d) Shrubbery 5 gallons 4) If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two unit of new landscaping. Each existing mature hardwood tree may be credited as three units. 5) All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. 4. The following requirements regarding easements shall be required: A. Each property shall have its own water service, and sanitary and storm sewer services. B. All private utility easements that cross private property shall have a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a public drainage easement. 5. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Preliminary Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. C. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: a. The Preliminary Grading and Drainage Plan; b. The Erosion Control Plan; c. The Stormwater Management Plan, including the stormwater calculations; and d. The Final Construction Plans for all public improvements. 8 Action Requested: 1. Offer a motion to recommend approval of the Final Development Plan to the City Council, subject to conditions, and move its approval; and 2. Offer a motion to recommend that the City Council recommend to the Scott County Highway Department that a traffic signalbe-placed on CR 17 near the entrance to the proposed health campus., and move its approval. (PLANCOMM\FPUDMVHC.NOV) 9 _ . , • .. EXIII BIT A ' ---''- ' . • . — : . . : " . , _. _•• : . .... , ,,.....,.. .__:........, ,.._r: ..., .%_•-.— -.-- 4 ' ' 1 •i I 1 4 . •L r....,:a• ,...3.' • '.•J .L__. I *.- t •, ji »r•-.. 4 k4 1' -:'—girlIIII s' ‘,.....kir • . • , ( •-•—••-••••—... r.--; ., 11 i. . .1Cte d I M' i M Li •-i _ i ;; . 1 A• :. '' • ' %.; 1. a . •,.., _N. •, l...-\\....--- ( A I 7 I 6ff..::".''' ''.-. . ...1 r ti.. .....,Ia.'s.:*•,..V.'........ \ 1. •-..•..•.--1...:4 1.• i .gi : .; tt.. C ili.: '‘•.• .i. N.,..... Ig •••:‹ Nokap,ccc. ,, _ ._. . ii (..,.2.! (,...,... _,..„ ---ft=--" tri. ,...,- -t--1:--- a OrTh 1 -4....ktIT59___Iiza,= xr---L. f 1=- ifir*,--- , r"------ .3 ,r-r-tcl, w _ ____ ------ ii--- ... P41.71j •• .; { I ''.‘..: e-i-- . • IL----- .4 V4.4'..........--.--'-.-----'---- ....,. ..- ----- ...'..- .._. ...----•••-................................ .. • t i. hia --------- MATCH LINE li II • AG •:$: ,- ,, •- ••'?,4,;4.„.:, • ,. . •• . • .: - ' • f • 'Vt•r Velf,_ AG I I I i . ! . . .. I .., • . • - Ii . VM..EY YZY sza I AG AGRICULTURE I: . F21 it • • , .. ..., . • R1 RURAL RESIDENTIAL .•!..• . •,- • , • ,.... i R2 URBAN RESIDENTIAL * •... • ..... R3 MID—DENSITY RES. -z • R4 MULTI FAMILY RES. . I. B1 HIGHWAY BUSINESS • ,. . i! B2 COMMUNITY BUSINESS :;_::._.....:. • •.....TT. r B3 CENTRAL BUSINESS itr-- ---.t. ..1—t— • II LIGHT INDUSTRIAL • d . 12 HEAVY INDUSTRIAL S SHORELAND : FLOODPLAIN DISTRICT -;% . .. IF . 1 • --- MANDATORY PUD ' \%. t......4 _...t.., ..1 R I ' . "--) RTD RACETRACK DISTRICT frr. 44. ifs • /1,....., 11 .... ......__... ... ....... ____-.....•--. • • • Zoning Map - • . . , .. I ... 4-... , . . 2 - — — — ...................• EXHIBIT B gistitaw RECEMED - 2 October 27, 1994 ink- OS FRAUENSHUH COMPANIES A DIVERSIFIED PROPERTIES GROUP Mr. Lindberg Ekola City Planner CITY OF SHAKOPEE 129 Holmes Street South Shakopee, MN 55379 RE: NEW MEDICAL CAMPUS FINAL PUD Dear Mr. Ekola: On behalf of St.Francis Regional Medical Center("SFRMC"),Park Nicollet Medical Center ("PNMC") and our planning team, I am pleased to submit our final PUD application package for the above referenced project. With this submittal,we would like to request that our final PUD be heard on the November 03, 1994 Planning Commission agenda. The following is provided as a part of our application package and states our position and/or understanding on a number of issues: 1. As you are aware, we need a sanitary sewer line extended to our site by July 01, 1995, at which time we can make our connections. This line must be ready to accept sewage by September 01, 1995. It is our understanding that the City will design, finance and construct these improvements, assessing our site over a 15 year period at the City's cost of bonding. 2. In an effort to provide the community with a more desirable environment on our site, we are landscaping per the requirements of the new landscaping ordinance, despite the fact that a) the new ordinance has not been adopted and b) the new ordinance is 2.5 times more stringent/costly than the current ordinance. 3. Pursuant to the October 20, 1994 staff report, we will pay $47,194.49 in Park Dedication fees, with the understanding that the $16,053.20 in fees which runs with the 20.62 acre site to the south be deferred until such time that the 20.62 acres is developed. At that time, the developer taking out a building permit will be responsible for paying the balance of$16,053.20 in Park Dedication fees. 4. We will dedicate 40 feet of right-of-way along the north and east property lines and 80 feet of right-of-way along the south property line of the north 40 acres for public streets. As a part of this, it is our understanding that the City will design, finance and construct these streets as shown on our plans, assessing our site for only one-half of a 36 foot wide street on the north and east property lines and for only a 36 foot wide street along the south property line. These costs shall be assessed over a 20 year period at the City's cost of bonding. If the City requests additional right-of-way along the north property line, we would be willing to sell the necessary right-of-way to the City. \S\U E I'L AZA SCC LASALLE A\"E\L E \!I\\EAr Lts \t\::40: cl_ :,_ 22: c- , onnnrr 'mr'In ., October 27, 1994 Mr. Lindberg Ekola Page Two 5. At the intersection of the new public road entering our site, we are proposing and Marschall Road, we are requesting that the City and County install a traffic signal which can be operational by October 01, 1995. Given the nature of activity on this site and the type of visitors (patients), we feel a traffic signal will be necessary to ensure safe access to the site. To this end,we request that the Planning Commission make a vigorous recommendation to the City Council in support of our request. 6. We request that the City use its best efforts to work with the Shakopee Public Utility Commission to ensure water and electrical utilities to the City, per our schedule requirements. 7. We request that the City use its best efforts to work with SFRMC and its consultants on the disposition of the existing hospital facility including, but not limited to: A. The creation of a Tax Increment District (T.I.F.) B. A street vacation project noting that Atwood Street was reconstructed in 1993. C. The approval of Zoning Ordinance Amendments. D. The approval of reasonable variances when requested. We continue to be extremely excited with this project and hope the City is as well. We look forward to discussing this project with you at the November 03 Planning Commission Meeting. If you have any questions or comments in the interim, please feel free to call me at 342- 2200. Sincerely, •1/AE 'S ' OM' • IES . . 4 k. cc: Mr. Dennis Kraft Mr. Barry Stock RVW:nkb • EXHIBIT C MINNESOTA VALLEY HEALTH CAMPUS PROPOSED SIGNAGE WITH PLANNED UNIT DEVELOPMENT OCTOBER 1994 PARCEL "A": Freestanding Signs: Type "A" 1 @i 139' sq "New Medical Campus" Type "B.1" 1 @ 64' sq "New Medical Campus, Main Entrance, Address" PARCEL "B": Freestanding Signs: Type "C" 1 @ 26' sq "Destination 1, Destination 2, Destination 3" Wall Signage: Front: Type "E" 1 @ 152.5' sq. "(Logo)Park Nicollet Medical Center" Side: Type "E" 1 a 145.0' sq. "(Logo)Park Nicollet Medical Center" PARCEL "C": Freestanding Signs: Type "B.2" 2 a 64 ' sq "New Medical Campus: St. Francis Medical Center, Address Park Nicollet Medical Center, Address Medical Office Building, Address Long Term Care, Address" Wall Signage: Front Awning: Type "D" 1 @ 57.5'sq. "New Medical Center" Front: Type "E" 1 @ 67.5'sq. "(Logo) St. Francis Regional Medical Center" Type "E" 1 @ 115.0'sq. "Medical Office Building" Type "E" 1 @ Phase 2: Dimensions and Copy not Provided Side Awning: Type "D" 1 @ 32.5'sq. "Emergency" Side: Type "E" 1 @ 115.0' sq. "Medical Office Building" Type "E" 1 ® 67.5' sq. "(Logo) St. Francis Regional Medical Center" Type "E" 1 @ Phase 2: Dimensions and Copy not Provided Rear: Brick a @ 163.0' sq. Brick Relief Logo PARCEL "D": Freestanding Signs: Type "B.2" 1 @ 64' sq "New Medical Campus: St. Francis Medical Center, Address Park Nicollet Medical Center, Address Medical Office Building, Address Long Term Care, Address" Wall Signage: Side: Type "E" 2 for Long Term: Dimensions and Copy not Provided r,-. Memo To: Shakopee Planning Commission From: Terrie Sandbeck, Assistant City Planner Meeting Date: October 20, 1994 Re: Preliminary Development Plan and Preliminary Plat: Minnesota Valley Health Campus Planned Unit Development (PC Memo 2) Introduction: St. Francis Regional Medical Center (SFRMC)and Park Nicollet Medical Center(PNMC) have submitted applications for approval of the Preliminary Development Plan and the Preliminary Plat for the proposed Minnesota Valley Health Campus Planned Unit Development(PUD). The subject site is located east of CR 17, south of the proposed southerly bypass, and north of Valley View Road. The site is zoned Multifamily Residential (R-4). The public hearing regarding these requests was opened at the October 6, 1994, meeting of the Planning Commission, and was continued until the October 20th Special Meeting. Staff met with representatives of the applicant on October 13, 1994, and many of the concerns discussed at the last meeting have been resolved. Please refer to the attached letter (Exhibit A) from Richard Wicka of Frauenshuh Companies for comments from the applicant. With this staff report, staff is recommending approval of the Preliminary Development Plan, subject to conditions. Since approval of the Final Development Plan is required prior to approval of the Preliminary Plat, staff is recommending that the public hearing for the Preliminary Plat be continued to the December 8, 1994, meeting. The projected time frame for this project is as follows: October 20, 1994 Planning Commission Recommend approval of Preliminary Development Plan to City Council. November 3, 1994 Planning Commission Recommend approval of Final Development Plan to City Council. November 15, 1994 City Council Approval of both Preliminary and Final Development Plans for PUD (one Resolution / Development Agreement). December 8, 1994 Planning Commission Recommend approval of Preliminary and Final Plat to the City Council. December 20, 1994 City Council Approval of both the Preliminary and Final Plat. 1 Background: The applicant is proposing to construct the facility in two phases, with site grading being proposed for the fall of this year. Ultimately, the facility will be approximately 257,688 square feet in size, with a regional hospital facility,-a-long term care facility, a clinic, and two medical office buildings, with 999 parking stalls provided-:to support the facilities. The developer is preliminarily proposing six (6) lots on 40 acres. On September 8, 1994, the applicants presented their proposal to the Planning Commission to solicit comments. This proposal portrayed a one story structure. The applicants have since revised their architectural design to include a two story structure. The site plans provided with this staff report reflect this revision. However, all other plans describe the original, one story design. Please refer to the staff report in the October 8, 1994, Agenda Packet for background information regarding this project, and information regarding the PUD approval process. Considerations: Due to the size and location of the project, a number of policy decisions are involved with this request. The most important of these include sewer and water services, street circulation, and public easement patterns. Land Use In order to develop the site as proposed, the applicant will need to receive approval of the following variances from the Zoning Ordinance or the Subdivision Regulations. Since the site plan is not scaled, additional variances may be determined at a later date. A. (1) Section 11.28, Subd. 5.A, regarding Front Yard Setback of 50 Feet. The applicant is proposing attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. A lot line between the properties is being proposed to allow a separation of ownership. A 50 foot variance to the 50 foot front yard setback requirement is being requested for the lot proposed for development with the St. Francis Regional Medical Center. B. (2) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. The applicant is proposing attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. A lot line between the properties is being proposed to allow a separation of ownership. A 40 foot variance to the 40 foot rear yard setback requirement is being requested for the lot proposed for development with the Park Nicollet Medical Center. The applicant is proposing that the structure proposed for Long Term Care be located approximately 20 to 25 feet from the rear lot line. A 15 to 20 foot variance to the 40 2 foot rear yard setback requirement is being requested for the lot proposed for development with the facility for Long Term Care. C. (2) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. The applicant is proposing attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. A lot line between the properties is being proposed to allow a separation of ownership. Two 15 foot variances to the 15 foot side yard setback requirement are being requested for both the lot proposed for development with the Park Nicollet Medical Center, and the lot proposed for development with St. Francis Regional Medical Center. Transportation The applicant originally proposed the following three public streets to serve the site: A. South Street: A 60 foot wide street within a 66 foot wide right-of-way off of CR 17, along the south edge of the site. B. North Street: Dedication of a 40 foot wide right-of-way along the north property line for a public street. This street will provide the first point of access from CR 17 south of the bypass. It is located approximately 1/4 mile south of the south bypass ramps. C. East Street: Dedication of a 40 foot wide right-of-way along the east property line for a public street. As noted in the Traffic Analysis (Exhibit F, October 6 Planning Commission Memo), the applicants originally proposed that the south street intersecting with CR 17 would serve as the primary access. The Traffic Analysis also assumed that the north street would not be constructed with the Phase 1 portion of the health campus. Both the Scott County Highway Department and City staff believe that the north street should be constructed-for Phase 1 of the health campus. With the earlier concept plans presented to the City with the rezoning and the EAW, traffic volumes were split between access from CR 17 and the east - west collector. Employee trips and product deliveries utilized the east - west collector, and the general public would use the access from CR 17 on the south street. The - Planning Commission noted that emergency trips also utilized the east-west collector. Dividing the trips between the two major streets is an important timing and site planning consideration. The applicants proposed that the north and east streets be constructed with the property lines as the centerlines of the rights-of-way. This means that half of the right-of-way would be dedicated by the applicants and the other half would need to be obtained from the adjoining property owners. Since the adjoining properties are undeveloped, dedication of needed rights-of-way can occur. The time frames for the right-of-way dedication for the outside halves are uncertain. •3 Y;- �' The north street right-of-way width should be a total of 120 feet, or a 60 foot half width. The south and east street right-of-ways should be a total of 80 feet in width, or a 40 foot half width. The applicants have stated that they will work with the City regarding the requested amount of right-of-way for the north, south, and east streets within Phase 1. In addition, they have agreed to the construction of the north street and the south street with Phase 1. They have also stated that, "in agreeing to this, we still require that the traffic signal at our southerly entry off Marschall Road be installed with the initial improvements to ensure safe access to the site by patients". Scott County has jurisdiction for the appropriate traffic control facilities on CR 17. The County Highway Department has stated that a traffic signal would be programmed when a signal warrant has determined that a signal light is needed and justified. Section 12.07, Subd. 1, Item B(f), states that the maximum length of cul-de-sac streets shall be. 500 feet within the urban service area. Staff recommends that 100 foot to 120 foot wide right- of-ways be dedicated with this plat. However, if the streets are not constructed, a variance to Section 12.07, Subd. 1, Item B(f) would be necessary. Sewer The applicant is proposing that occupancy occur in 1995. However, the Chaska - Shakopee Interceptor sewer line will not be ready for use until 1996. As a temporary measure, a sanitary sewer holding tank is being proposed to enable the facility to operate at a limited scale until the local sewer collector is installed along CR 17. This gravity sewer line will connect in at the Shakopee Bypass with the Chaska- Shakopee interceptor line. City staff is currently preparing a feasibility study to address serving this site with sanitary sewer. The City Council will be reviewing this feasibility study at their meeting on November 15, 1994. Water Shakopee Public Utilities (SPUC) has commented that water is not currently available at this time, but that negotiations with the representatives of the hospital have been continuing. The applicant has stated that SPUC has formally accepted the feasibility study for the installation of the trunk water main, and has forwarded the study to the City for public hearing. In addition, they have informed staff that SPUC has approved proceeding with the land negotiation and well and pump house studies. Open Space and Park Dedication Section 11.40 Planned Unit Development(PUD), Subd. 3, states that 20% of a PUD must be usable, open space, and this space cannot include land devoted to streets, alleys, parking, and private yards. The required open space for this PUD is 8 acres (40 acres x 20% = 8 acres). The dimensions and area of the site adjacent to the stormwater detention pond has recently been 4 provided by the applicant. According to RLK Associates, the proposed open space equates to 15.6 acres, or 43% of the site. The applicant originally proposed to dedicate the land surrounding the stormwater detention pond as a public park. However, this area is not identified as a future park site in the City's draft Comprehensive Plan, and staff is recommending that a park dedication fee be collected in lieu of dedication of park land. This portion of the site may be used to meet the open space requirements of Section 11.40, Subd. 3. Since the area is not identified as a future park'site=:in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of dedication of park land. Using the 1990 purchase price of $471,944, which was provided by the applicant, the Park Dedication Requirement for the 40 acre PUD site would be$31,141.20, and the Park Dedication Requirement for the 20.62 acre site to the south would be$16,053.20, for a total of$47,194.49. Since the calculations for the Park Dedication Requirements require the price the subject land sold for within the past year, the Planning Commission may want to recommend to the City Council that an appraisal of the site be performedfor a more accurate reflection of the value of the site for use in the calculation. The cost of the appraisal would be funded out of the Park Reserve Fund. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. The developer may request that the Park Dedication payments be deferred to the time of the issuance of building permits. With the approval of this request, the City Council would enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. Section 11.40, Planned Unit Development (PUD), Subd. 4.E, states that where private open space for park or recreationpurposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future property owners, a credit of up to forty (40) percent of the Park Dedication Requirements may be given, provided that the following conditions are met: A. That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision; B. That required setbacks shall not be included in the computation of such private open space; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; 5 D. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural features that are important to be preserved; E. That the proposed private open space reduces the demand for public recreational facilities to service the development. Landscaping and Wetlands In reviewing the PUD and the proposed open space, the Planning Commission should consider the amenities being created and whether they are beneficial to the public or not. The protecting of natural features, preserving open spaces and providing a quality environment are the means to be used by a developer to negotiate with for the PUD approval. A Landscaping Plan was submitted on September 12th with the original application for PUD approval. Since the time of this submittal, the site plan was revised, but the Landscaping Plan proposed with the original submittal was included in your staff memo in theOctober 6, 1994, Agenda Packet. The current Zoning Ordinance requires the applicant to plant one major deciduous tree every 50 feet along public boulevards. Using these requirements, the applicant would be required to plant a minimum of 106 major deciduous trees along the public boulevards. No other landscaping requirements would be required for this site. The new text for the Zoning Ordinance was adopted on June 7, 1994, and it will become effective once the mapping process is completed. Section 11.60, Performance Standards, Subd. 8, of the revised Zoning Ordinance discusses Landscaping Requirements. With the new ordinance, the following would be required: A. Fifteen percent (15%) of the lot must be landscaped. It must be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; B. A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping hall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 6 . i. C. Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall becomposedof shrubbery. 1) Overstory Deciduous Trees 2 inch diameter 2) Ornamental Trees 1-1/2 inch diameter 3) Coniferous Trees 6 feet 4) Shrubbery 5 gallons D. If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two unit of new landscaping. Each existing mature hardwood tree may be credited as three units. E. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. The developer has not submitted a Wetlands Delineation Plan, an "Application for an Exemption to the Wetlands Act of 1991", nor the required $75.00 fee. However, the Environmental Assessment Worksheet and the accompanying letters from the Army Corps of Engineers state that there are no wetlands on the site. Engineering staff has contacted Mr. Wicka regarding this requirement, and will be issuing a Certificate of Exemption to the Wetlands Act of 1991 to the applicant once the application and fee have been received. A condition has been recommended that the approval of the PUD be contingent upon meeting the requirements of the Wetlands Conservation Act of 1991. Other Considerations Each property must have its own water service, and sanitary and storm sewer services. All private utility, easements that cross private property must have a recorded easement, and this document must be approved by the City Attorney. The stormwater retention pond must be covered by a public drainage easement. Internal public easements must be approved by the Engineering Department and/or Shakopee Public Utilities. Alternatives: 1. Recommend approval of the.Preliminary Development Plan to the City Council. 2. Recommend denial of the Preliminary Development Plan to the City Council. 3. Continue the public hearing and request additional information from the applicant and/or staff. 7 • i,•; Staff Recommendation: Staff recommends Alternative No. 1, the approval of the Preliminary Development Plan for the proposed Minnesota Valley Health Campus Planned Unit Development, subject to the following conditions: 1. The following variances are-approved: A. (1) Section 1L28, Subd. 5.A, regarding Front Yard Setback of 50 Feet. The applicant is proposing a 50 foot variance to the 50 foot front yard setback requirement is approved for attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. B. (2) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. The applicant is proposing a 40 foot variance to the 40 foot rear yard setback requirement iso approved for attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. The applicant is proposing a 20 foot variance to the 40 foot rear yard setback requirement is approved for the lot for the Long Term Care facility to be located 25 feet from the rear lot line. C. (2) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. The applicant is proposing two 15 foot variances to the 15 foot side yard setback requirement are approved for attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. 2. The following requirements regarding right-of-way and street construction shall be required: A. A 60 foot wide right-of-way dedication will be required for the north street, 40 feet wide for the east street, and 80 feet wide for the south street. B. The applicants shall submit-a petition for public improvements for the north, south and east street projects and waive their rights to appeal any assessments. 3. The following requirements regarding open space and Park Dedication shall be required: A. The 15.6 acres of open space shall not be reduced in area without approval by the City Council. 8 4. The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply with Section 11.60, Performance Standards, Subd. 8, of the Zoning Ordinance adopted by the City Council on June 7, 1994 for Landscaping Requirements, including: 1) Fifteen percent (15%) of the lot must be landscaped. It must be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; 2) A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping hall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 3) Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall be composed of shrubbery. a) Overstory Deciduous Trees 2 inch diameter b) Ornamental Trees 1-1/2 inch diameter c) Coniferous Trees 6 feet d) Shrubbery 5 gallons 4) If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two unit of new landscaping. Each h existing mature hardwood tree may be credited as three units. 5) All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. 5. The following requirements regarding easements shall be required: A. Each property shall have its own water service, and sanitary and storm sewer services. •9 B. All private utility easements that cross private property shall have a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a public drainage easement. 6. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Preliminary Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. C. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1. The Preliminary Grading and Drainage Plan; 2. The Erosion Control Plan; 3. The Stormwater Management Plan, including the stormwater calculations; and 4. The Final Construction Plans for all public improvements. Action Requested: 1. Offer a motion to recommend approval of the Preliminary Development Plan to the City Council, subject to conditions, and move its approval; and 2. Offer a motion to continue the public hearing regarding the Preliminary Plat to the December 8, 1994, meeting, and move its approval. (PtJ NCOMM\PPUDMVHC.002) 10 EXHIBIT A October 13, 1994 FRAUENSHUH COMPANIES A DIVERSIFIED PROPERTIES GROUP Mr. Lindberg Ekola City Planner CITY OF SHAKOPEE 129 Holmes Street South Shakopee, MN 55379 RE: MINNESOTA VALLEY HEALTH CAMPUS Dear Lindberg: Pursuant to our discussions yesterday and in response to the October 06, 1994 staff report, we offer the following information as a supplement to our original preliminary PUD submission. With this supplement, we are requesting to be included on the October 20, 1994 Planning Commission agenda for approval of our preliminary PUD. 1) Landscape Plans Contrary to the staff report, our landscape plan was attached to our original submission. The plan was prepared using City guidelines and should not be an issue. 2) Water The Shakopee Public Utility Commission has formally accepted the feasibility study for installation of the trunk water main and has forwarded the same to the City for public hearing. Similarly, the Shakopee Public Utility Commission Board approved proceeding with land negotiation and well and pump house studies. 3) Open Space The open space on our site, as calculated by RLK Associates using the City's parameters, equates to 15.6 acres or 43% of the site. 4) East/West Collector We understand the City's request for the East/West collector and will work with the City relative to the amount of right of way. In addition, we will extend the public road on the East perimeter of our site to accommodate a secondary access to the East/West roadway. In agreeing to this, we still require that the traffic signal at our southerly entry off Marschall Road be installed with the initial improvements to ensure safe access to the site by patients. 000 LASALLE f'L.AZA 800 LASALLE AVENUE MINNEAPOLIS \1N 55402 'o12 332 2200 Equal Opportunity Employer October 13, 1994 Mr. Lindberg Ekola Page Two 5) On Site Utilities We will ensure that each lot on the site is served with separate water and sanitary services and we will provide you with additional information to ensure adequate separation of public and private utilities. 6) Wetlands The Environmental Assessment Worksheet prepared by the City and accompanying letters from the Army Corps of Engineers state that there are no wetlands on the site. 7) Assessments For all public improvements, we assume that we will be treated in accordance with City policy and Minnesota statute Chapter 429. 8) Schedule This is our understanding of the forthcoming process: Preliminary PUD Review October 20 Final PUD & Preliminary Plat Review November 03 Preliminary & Final City Council Review November 15 I believe the above items cover the list of outstanding issues. We look forward to receiving our preliminary PUD approval on October 20. If you have any questions, please call me at 342-2200. Sincere , FRA H 'AMES I . h c.a RVW:nkb GADATA\10191RVWAEKOL .112 September 20, 1994 FRAUENSHUH COMPANIES A DIVERSIFIED PROPERTIES GROUP Mr. Lou Vanhout Sent Via Facsimile Utilities Manager 445-7767 SHAKOPEE PUBLIC UTILITIES 1030 East Fourth Avenue Shakopee, MN 55379-1699 RE: Minnesota Valley Health Campus Dear Mr. Vanhout: On behalf of St. Francis Regional Medical Center ("SFRMC'), and Park Nicollet Medical Center ("PNMC'), I am requesting being included on the November 07, 1994 Shakopee Public Utilities Board Meeting agenda to continue our discussions regarding the above referenced project. Sincerely, ' • NSH CO ►'ANIES r chard Wicka cc: Mr. Lindberg Ekola RVW:nkb G:\DATA\I0190RV W\VANHHOUT.LTR 0C.` t t E I't \7\ j Scc L\SAI.LE \\E\LE 2 MINNEAPOLIS. MN 5530: 3 ci' :3=-'_: SEN) dY:xerox ieiecopier run ;iu—zu—v4 ; i5;ua , • October 20, 1994 FRAUENSHUH COMPANIES Mr. Terry Jo A DIVERSIFIED PROPERTIES GROUP Chairman, Planning Commission CITY OF SHAKOPEE 129 Holmes Street.South Shakopee, MN 55379 RE: MInnesota Valley Health Campus Dear Mr. Joos: Please allow this Ietter to Serve as a supplement to ourpprree liminary PUD submission. After reviewing the Staff Report prepared for this evening's Phmning Commission Meeting for the above referenced project, we found that we were not in agreement with a number of conditions outlined in the Staff Report,or at least not in agreement with the way conditions were presented. These issues include: • Roadway Right-Of-Way • Landscaping • Park Dedication • Open Space Requirements • Right To Appeal Assessments After reviewing these issues with staff this morning,we feel we have either resolved these issues or have set forth methodology►for resolving them in the next week. As a result,we request that the Planning Commission approve our preliminary PUD this evening,with the understanding that the above noted issues will come back in an amended form in our final PUD. If you have any questions or comments in the interim, please feel free to call me at 342- Sincerely, FRAUENSHUH COMPANIES • tfit014144144 Richard Wicka RVW:111411DL, � . 900 LASALLE PL A M 800 LASALLE AVENUE r MINNEAPOLIS,MN SS402 " (612)342.120^ _.—_, Esu&ODvortrmty Erno+oyor COUNTY ROAD NO. Il I 1 pp ,- i 7: -16 - ! O1+FHU+H I i - € 111111.1111111111D '4Illlam" -'''1° o 4).;M I I I I I+H1+ O . , � - : [-1111111111-H1 11 it - • c- ) ` N i _�J I'. . i IIHIIIIIIIIIIIID 3 qi ”, ,,_ _ _..,, . 111%1IIIIIUIIID MO11111111110 o ��I » , pg C 11 1 _ u . ] . j .,„...2.1.. .} 1 v 0 I m 111 isa 14 ; i iel_ 110111 t;i z1 It ' IIIIIIIIIIIIIIIIIIII` Ill t11l Ei aC 1 0� \ii.ii\i lit\t,ISi\!!k•1:`,1I5-'1;06:1 Yr:,, N5‘. 'i ,V..tN .. I'1i/i -- 1;1.0 p. :..,5 ----------------------------------------------------------------------------------------------------- COUNTY ROAD NO. fl [1 Li11111111111 _ • I if• _ 1 J I I I I I I I I I I I I I I I I I I I I I I I ht. Clffffft-1fh j = s kHIiIIIIIHIIIIID ! I Pi- Ifl fflffD = 1 J - - k ff -HfIiD SII I I II II IH-IN I j! ; ' 11111-I '1.11111 -I II i l- ) C= :::1 4 ;4'.):C-: 11:i 1 JII►FJ •/ ; c kIIIIIIIIihIIIIIIDf. II klIIf +I+ + _ li 1, :+� I IH+�H�D = X 11 1 '.--111111-HE - -1'\ -IIIIIIIIIIIiID _ I � �� � : I , , _I-- I I I I I I I I I IfHfH D 1= —_i _ e ' 0¢ kIIIIIIIIIIiIIiIID�- = _ - S I kH I I III I I III I I II D = - _ = ---•11 I I 111111 II I I 111 I r = 741',f fa • C) laA - d _ Q^ I 10 110 lin I e[ E[ ®f igi IN i �' lk b I I I I I I I I i l Iii ° liI I RESOLUTION NO. 4120 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT. WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Development Plan for the Minnesota Valley Health Campus Planned Unit Development on October 8th and October 20th, 1994, and has recommended its approval; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Development Plan for the Minnesota Valley Health Campus Planned Unit Development on November 3, 1994, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Development Plan have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Development Plans for the Minnesota Valley Health Campus Planned Unit Development described as: The Southeast Quarter(SE 1/4) of the Northeast Quarter(NEI/4): The North 21.15 feet of the Northeast Quarter(NEI/4) of the Southeast Quarter SE 1/4) and the South Half(S1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE1/4), Section 18, Township 115, Range 22, Scott County, Minnesota; is hereby approved, subject to the following conditions: 1. The following variances are approved: A. (1) Section 11.28, Subd. 5.A, regarding Front Yard Setback of 50 Feet. A 50 foot variance to the 50 foot front yard setback requirement is approved for the structure on Lot 1, Block 1, so that the St. Francis Regional Medical Center may be attached to the Park Nicollet Medical Center(zero setback). B. (2) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. A 40 foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 2,Block 1, so that the Park Nicollet Medical Center may be attached to the St. Francis Regional Medical Center(zero setback). A 20 foot variance to the 40 foot rear yard setback requirement is approved for Lot 3,Block 1, so that the Long Term Care facility may be located 25 feet from the rear lot line. C. (3) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. Three 15 foot variances to the 15 foot side yard setback requirement are approved for Lots 1, 2, and 3, Block 1, so that the Park Nicollet Medical Center and the Long Term Care Center may be attached to the St. Francis Regional Medical Center (zero setback) . D. (1) Section 4.30, Subd. 4, regarding Signage Allowed within the Multi- family Residential (R-4) Zone. A variance to this portion of the Sign Ordinance to allow compliance with the "Site Signage Plan", as proposed with the Final Development Plan for the Planned Unit Development. 2. The following requirements regarding right-of-way and street construction shall be required: A. The applicants shall submit a petition for public improvements for the north, south and east street projects. 3. The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply with Section 11.60, Performance Standards, Subd. 8, of the Zoning Ordinance adopted by the City Council on June 7, 1994, for Landscaping Requirements, including: 1) Fifteen percent (15%) of the lot must be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; 2) A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 3) Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall be composed of shrubbery. a) Overstory Deciduous Trees 2 inch diameter b) Ornamental Trees 1-1/2 inch diameter c) Coniferous Trees 6 feet d) Shrubbery 5 gallons 4) If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two units of new landscaping. Each existing mature hardwood tree may be credited as three units. 5) All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. 4. The following requirements regarding easements shall be required: A. Each lot shall have its own water service, and sanitary and storm sewer services. B. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a public drainage easement. 5. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1) The Preliminary Grading and Drainage Plan; 2) The Erosion Control Plan; 3) The Stormwater Management Plan, including the stormwater calculations; and 4) The Final Construction Plans for all public improvements. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney - 1. .......7„.7., .::,.. . MI NM liel BE ME • • I . , _ . COUNTY ROAD NO. Ii U . • . \ if I . = I _ = — t—= . 9 1 . _ iE— tm. cil-Rim 17-y 0., , ! . _ . i ... SD • I . ......K\ . Ei •3 a, sl 1 ..... 11ii.--fi-IffiN -3 di I id Eli :141—.1 a 6 1 Z.1.1pwr :: : H fo :• =III 0". lw -40% I H AT r.................27:1 r 0. t" I ca o 0 c 11 .... I-. 1 . MR-RH-HIE - k;,, - .•. ... er, . SI ' ir, , )1 1 . Ii . }-FHA-iiiiii-f- „Ilk I, 1 . . ti , = is ,i _ _ _ = _ = .......: _= = Ji.. -X (--- —• —— — 1 0 ' r "; — = I , _ _,._, 4 .... E2 I . • _ _..., _ __ - - - ., m = I _ = I . __ _ - _ 1. ,. ) ——* I -- — 1 1 = . 1 -- — I . . 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REVISIONS TO RECOMMENDED CONDITIONS MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT Memo To: Dennis Kraft, City Administrator �� From: Terrie A. Thurmer, Assistant City Planner Meeting Date: November 15, 1994 Re: Revisions to Preliminary and Final Development Plans: Minnesota Valley Health Campus Planned Unit Development (PUD) Introduction and Discussion: Since the writing of the staff memo for the City Council Agenda Packet, there have been some minor changes to the Preliminary and Final Development Plans for the Minnesota Valley Health Campus PUD. The applicants have decided to contain the proposed Medical Office Building within its own lot and with a zero setback, and to revise the portion of the structure which connects the Long Term Care facility to St. Francis Regional Medical Center. The Preliminary and Final Development Plans contained in the original staff memo reflect these changes. However, the applicant has also recently submitted a revised Preliminary Plat drawing in which there are some revisions to the proposed lot numbers. In order for the City Council to approve these revisions, changes to the recommended conditions, as well as a number of additional variances, will be required. In addition to the revisions proposed by the applicant, the City Attorney has recommended three additional conditions relating to the access easement (Recommended Condition No. 4.D), operational and maintenance agreements (Recommended Condition No. 5.D), and compliance with the Preliminary and Final Development Plan drawings (Recommended Condition No. 6). Revised Recommended Conditions: In order to implement these revisions, Resolution No. 4120 has been revised to reflect the following changes to the recommended conditions from the Planning Commission. Deletions are in brackets {} and additions are in BOLD. l. The following variances are approved: A. (3{2}) Section 11.28, Subd. 5.A, regarding Front Yard Setback of 50 Feet: A 50 foot variance to the 50 foot front yard setback requirement is approved for the proposed principal structure on Lot 1, Block 1, so that the St. Francis Regional Medical Center may be attached to the Park Nicollet Medical Center (zero setback). A 10 foot variance to the 50 foot front yard setback requirement is approved for the proposed accessory structure on Lot 1, Block 1, so that the maintenance garage may be constructed 40 feet from the east lot line. A 50 foot variance to the 50 foot front yard setback requirement is approved for Lot 5,Block 1,so that the "Medical Office Building" may be constructed with a zero setback from the interior front lot line. B. (3{2}) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. A 40 foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 6,Block 1, so that the Park Nicollet Medical Center may be attached to the St. Francis Regional Medical Center (zero setback). A 40 {20) foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 3, Block 1, so that the Long Term Care facility may be connected to St. Francis Regional Medical Center (zero setback) {located 25 feet from the rear lot line). A 40 foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 5, Block 1, so that the "Medical Office Building" may be attached to the St. Francis Regional Medical Center(zero setback). C. (4{3)) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. Three 15 foot variances to the 15 foot side yard setback requirement are approved for Lots 1, 3, 5, and 6, Block 1, so that the Park Nicollet Medical Center, the "Medical Office Building", and the Long Term Care Center may be attached to the St. Francis Regional Medical Center(zero setback). A 15 foot variance to the 15 foot side yard setback requirement is approved for Lot 5,Block 1,so that the "Medical Office Building" may be constructed with a zero setback from the interior side lot lines. D. (1) Section 4.30, Subd. 4,regarding Signage Allowed within the Multi-family Residential (R-4) Zone. A variance to this portion of the Sign Ordinance to allow compliance with the "Site Signage Plan", as proposed with the Final Development Plan for the Planned Unit Development. E. (1) Section 11.03, Subd. 3.A, Item 1, regarding required frontage on a public right-of-way. A variance to this portion of the Zoning Ordinance is approved for Lot 5, Block 1, so that the "Medical Office Building" may be constructed with a zero setback from the interior front, rear, and side lot lines. 2. The following requirements regarding right-of-way and street construction shall be required: A. The applicants shall submit a petition for public improvements for the north, south and east street projects. 3. The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply with the Landscape Plan submitted as part of the Final Development Plan, which conforms to Section 11.60, Performance Standards, Subd. 8, of the Zoning Ordinance adopted by the City Council on June 7, 1994, for Landscaping Requirements, including: 1) Fifteen percent (15%) of the lot must be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; 2) A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 3) Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall be composed of shrubbery. a) Overstory Deciduous Trees 2 inch diameter b) Ornamental Trees 1-1/2 inch diameter c) Coniferous Trees 6 feet d) Shrubbery 5 gallons 4) If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two units of new landscaping. Each existing mature hardwood tree may be credited as three units. 5) All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. 4. The following requirements regarding easements and operational agreements shall be required: A. Each lot shall have its own water service, and sanitary and storm sewer services. B. All private utility easements shall be shown on a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a public drainage easement. D. An access easement shall be required to allow access to Lot 5, Block 1. This access easement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. E. An operational agreement for the maintenance, parking, landscaping, and other Zoning Ordinance requirements shall be required. This operational agreement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. 5. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1) The Preliminary Grading and Drainage Plan; 2) The Erosion Control Plan; 3) The Stormwater Management Plan, including the stormwater calculations; and 4) The Final Construction Plans for all public improvements. 5. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1) The Preliminary Grading and Drainage Plan; 2) The Erosion Control Plan; 3) The Stormwater Management Plan, including the stormwater calculations; and 4) The Final Construction Plans for all public improvements. C. Approval of the Final Development Plan is contingent upon the approval of the following Utility Plans by Shakopee Public Utilities: 1) Utility Plan, Phase 1 Initial Buildout; and 2) Utility Plan, Phase 2 Expansion. 6. Unless otherwise noted in the conditions of approval, or modified to get approvals under Paragraph 5 above, the Planned Unit Development shall comply with the Preliminary and Final Development Plans attached as Exhibit A, labeled, "Site Plan: Phase 1 Initial Buildout"; Exhibit B,labeled, "Site Plan: Phase 2 Expansion; Exhibit C, labeled, "Open Space Plan"; Exhibit D, labeled, "First Floor Reference Plan"; Exhibit E, labeled, "Second Floor Reference Plan"; Exhibit F, labeled, "Exterior Elevations"; Exhibit G, labeled, "Lighting Plan: Phase 2 Expansion Buildout"; Exhibit H, labeled, "Site Signage Plan: Phase 2 Expansion"; Exhibit I, labeled, "Landscape Plan: Phase 1 Initial Buildout"; and Exhibit J, labeled, "Landscape Plan: Phase 2 Expansion". Action Requested: 1. Offer Resolution No. 4120, A Resolution Approving the Preliminary and Final Development Plans for the Minnesota Valley Health Campus Planned Unit Development, and move its adoption; and 2. Offer a motion to direct staff to send a letter to the Scott County Highway Department stating that the City Council strongly supports the installation of a traffic signal on CR 17, near the entrance to the proposed health campus, and move its approval. (TE RRI E\CITYCOUMFPUDM V HC.1 I5) RESOLUTION NO. 4120 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE MINNESOTA VALLEY HEALTH CAMPUS PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Development Plan for the Minnesota Valley Health Campus Planned Unit Development on October 8th and October 20th, 1994, and has recommended its approval; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Development Plan for the Minnesota Valley Health Campus Planned Unit Development on November 3, 1994, and has recommended its approval; and WHEREAS,all notices of the public hearing for the Preliminary Development Plan have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Development Plans for the Minnesota Valley Health Campus Planned Unit Development described as: The Southeast Quarter(SE 1/4) of the Northeast Quarter (NEI/4): The North 21.15 feet of the Northeast Quarter (NEI/4) of the Southeast Quarter SE 1/4) and the South Half(S1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NEI/4), Section 18, Township 115, Range 22, Scott County, Minnesota; is hereby approved, subject to the following conditions: 1. The following variances are approved: A. (3) Section 11.28, Subd. 5.A, regarding Front Yard Setback of 50 Feet: A 50 foot variance to the 50 foot front yard setback requirement is approved for the proposed principal structure on Lot 1, Block 1, so that the St. Francis Regional Medical Center may be attached to the Park Nicollet Medical Center (zero setback). A 10 foot variance to the 50 foot front yard setback requirement is approved for the proposed accessory structure on Lot 1, Block 1, so that the maintenance garage may be constructed 40 feet from the east lot line. A 50 foot variance to the 50 foot front yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior front lot line. B. (3) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. A 40 foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 6,Block 1, so that the Park Nicollet Medical Center may be attached to the St. Francis Regional Medical Center (zero setback). A 40 {20} foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 3, Block 1, so that the Long Term Care facility may be connected to St. Francis Regional Medical Center (zero setback) {located 25 feet from the rear lot line). A 40 foot variance to the 40 foot rear yard setback requirement is approved for the structure on Lot 5, Block 1, so that the "Medical Office Building" may be attached to the St. Francis Regional Medical Center (zero setback). C. (4{3)) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. Three 15 foot variances to the 15 foot side yard setback requirement are approved for Lots 1, 3, 5, and 6, Block 1, so that the Park Nicollet Medical Center, the Medical Office Building, and the Long Term Care Center may be attached to the St. Francis Regional Medical Center (zero setback). A 15 foot variance to the 15 foot side yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior side lot lines. D. (1) Section 4.30, Subd. 4, regarding Signage Allowed within the Multi-family Residential (R-4)Zone. A variance to this portion of the Sign Ordinance to allow compliance with the "Site Signage Plan", as proposed with the Final Development Plan for the Planned Unit Development. E. (1) Section 11.03, Subd. 3.A, Item 1, regarding required frontage on a public right-of-way. A variance to this portion of the Zoning Ordinance is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior front, rear, and side lot lines. 2. The following requirements regarding right-of-way and street construction shall be required: A. The applicants shall submit a petition for public improvements for the north, south and east street projects. 3. The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply with the Landscape Plan submitted as part of the Final Development Plan,which conforms to Section 11.60,Performance Standards, Subd. 8, of the Zoning Ordinance adopted by the City Council on June 7, 1994, for Landscaping Requirements, including: 1) Fifteen percent(15%) of the lot must be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; 2) A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 3) Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall be composed of shrubbery. a) Overstory Deciduous Trees 2 inch diameter b) Ornamental Trees 1-1/2 inch diameter c) Coniferous Trees 6 feet d) Shrubbery 5 gallons 4) If healthy landscaping of acceptable species exists on a site prior to development,the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two units of new landscaping. Each existing mature hardwood tree may be credited as three units. 5) All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. 4. The following requirements regarding easements and operational agreements shall be required: A. Each lot shall have its own water service, and sanitary and storm sewer services. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney / N o -CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: New Zoning Map - Phase II MEETING DATE: November 15, 1994 INTRODUCTION: On June 7, 1994, the Shakopee City Council adopted Ordinance No. 377 which approved the new zoning ordinance text. In order to make the provisions in the new zoning ordinance text effective, a new zoning map for the City is needed. BACKGROUND: The Planning Commission reviewed the new zoning map at a public hearing at its November 3, 1994, meeting. The Planning Commission's recommendations were forwarded to the Committee of the Whole. The Committee reviewed the new zoning map and the Planning Commission recommendations at their November 9, 1994 meeting. The Committee recommend to the City Council approval of the new zoning map as modified. The recommendations from the Committee have been provided in the discussion portion of the memo. Staff would note that amendments changing the boundaries of any zones on the zoning map or changing the regulations in the zoning ordinance text requires an affirmative vote of four fifths of the City Council. DISCUSSION: Two areas of concern were identified with respect to the new zoning map by the Committee. The first area was the Murphy's Landing site. The Planning Commission had recommended that the site be zoned Major Recreation. After discussion, the Committee concurred with the Planning Commission's recommendation. The second area of concern was the new zoning proposed for Canterbury Downs and the surrounding properties. The Committee recommended that the Canterbury Downs site be zoned Major Recreation and that the surrounding properties (currently zoned RTD under the old zoning map), would remain under the old RTD zoning until after the Planning Commission has completed their review of the land uses in this area. The Planning Commission will hold a separate public hearing for the new zoning for these parcels. The new zoning for the Dean Lake shoreland area will also be included with this public hearing. 1 Attached with this memo is a copy of the revised zoning map which indicates the recommended changes made by the Committee. The ordinance will be placed on the table at the November 15, 1994 City Council meeting. ALTERNATIVE: 1. Approve the proposed Phase II zoning map as recommended by the Committee of the Whole. 2. Make specific changes to the proposed Phase II zoning map. 3. Table the decision on the Phase II zoning map for additional information. COMMITTEE OF THE WHOLE RECOMMENDATION: The Committee of the Whole recommends alternative No. 1. ACTION REQUESTED: Offer Ordinance No. 389, approving the new zoning map as shown on Exhibit A, and move its adoption. {PLANNING\11-9MEMO.CC} 2 ORDINANCE NO. ;221_, FOURTH SERIES \Di ANCODE ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY COBY ADOPTING THE ZONING MAP FOR MOST OF THE CITY. Council adopted Ordinance WHEREAS,h on June 7, 1994, the City Council tod the CityrCode;n No.377, which adopted a new Chapter 11, and Ordinance No. 377 provided that ituwwould tionot bof ecome WHvREAS, latest of assage, the p titleeffec ts tand summary, the and the passage and publication of an ordinance oror and summary, adopting a new zoning map; and ordinance summary Ordinance No. 377 passed, and its title andisummary WHEREAS , 7, 1994, but the zoning map were published on July at that time; and August 16, 1994, the City Council passed Ordinance WHEREAS, on was published on October 20, 1994, adopting a new zoning map for the larger which and No. 384, industrial areas; WHEREAS, the City Council now desires to adopt the zoning map for most of the rest of Shakopee. MINNESOTA, ORDAINS: THE CITY COUNCIL OF THE CITY OF mapped ion 1 - That the land shown in Exhibit ed A is hereby n the Exhibit, in Sect oning ordinance as id undero thet newh City Code Sec. 11. 03 . conformity Code Chapter 1, General - General Provisions. City Seons 2 Applicable to the EntireViolationtyCodea Including and Definitions or Violation,on, and Section 11 . 99,reference, as Misdemeanor,Penalty adopted in their entirety by s are hereby though repeated verbatim herein. Council hereby Summary Approved. The City Section 3 of this ordinance, marked the of which is "Official that the otext diinance No.m 389" d aof copy intent and attachedfl Summary clearly informs the public hereto, The Council further determines that of th effect of the ordinance. will clearly the publicafon efintentland effect le and cofh sthe aordinance. public o Filing. A copy of this ordinance is Section 4 - Posting and FiClerk and a copy is provided to the posting and filing, at which locations a Scot filed in the office brary for City person during copyis Countyvinspection by any p copy available for 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 inspectionby an n duringregular office hours at the office person erso of the City Clerk and the Scott County Library. Section 6 - Effective Date. ordinanceThis titdineance summarys effective upon its passage and the publication Passed in session of the City Council of of the City of Shakopee, Minnesota, held this day 1994 . Mayor of the City of Shakopee Attest : City Clerk r// r City Attorney Approved as to form: �/d1+.•• Published in the S1 ak4opee Valley News on the day of [14MEMO] -2- ORDINANCE NO. 31? / , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, I NE OTA,HE AMENDING THE CITY CODE BY ADOPTING THE ZONING MAP FOR M The following is the official summary of Ordinance No. 389, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota, on 1994 : The City Council adopted the zoning map for most of the City. Industrial areas were mapped in October, and are subject to the new zoning ordinance already. Now nearly rad ance and will be subject other areas of the City have been mapped under the new zoning to the provisions of the the zoning for eachzoning .areamof the Cityap was ched to the ordinance showing 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. 13e, CONSENT TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Federal Grant DATE: 11 08 94 INTRODUCTION: Council is requested to authorize the City Administrator and Chief of Police to apply for a grant to fund a police officer under Community Oriented Policing Services Funding Accelerated for Smaller Towns (COPS FAST) . BACKGROUND: COPS FAST is an approach developed by the U.S. Department of Justice to simplify the process of applying for a grant under the 1994 Violent Crime Control and Law Enforcement Act of 1994 which was passed as part of President Clinton's program to get 100,000 additional police officers on the street across the country. If the grant is approved, Shakopee will receive a federal contribution of 75% of the salary and benefits of each officer approved to a maximum of $75,000 over three years with the federal contribution decreasing each year. Part of the application process requires the City Administrator and Chief of Police to certify they have been authorized by the City Council to apply for the grant and to act on issues that may arise during the processing of the application. ALTERNATIVES: 1. Authorize the parties indicated herein to apply for the grant. 2. Do not authorize the parties indicated herein to apply for the grant. RECOMMENDATION: Authorize the City Administrator and Chief of Police to apply for a COPS FAST grant to fund a police officer position. U.S.Department of Justice T << �'�1, U.S. Department of Justice i .,. . .4 ' ,i Sheet .„ . A ° ,..4". Community Oriented Policing Services Funding Accelerated for Smaller Towns (COPS FAST) for Populations under 50,000 Program Information 0 Up to$165 million in grants will.be made under The COPS FAST Application is one of several COPS FAST to state,local and other public law enforce- approaches developed by the Department of Justice under ment agencies which serve populations under 50,000. If the Violent Crime Control and Law Enforcement Act of -_ requests exceed the funds available,the amount or start- 1994 to speed the deployment of new officers devoted to ing date of grants may be adjusted to accommodate de- community policing on the streets and rural routes in this : mand. nation. As directed by Congress,the FAST Application dramatically simplifies the task of applying for a federal 0 Funding will begin once the FAST Application has grant. The FAST Application may be used by jurisdic- been approved and the new officers have been sworn. tions with populations under 50,000,while the COPS Grants will be made for up to 75 percent of the total sal- AHEAD approach will expedite the hiring by agencies ary and benefits of each officer over three years,up to a serving larger populations. maximum of$75,000 per officer. Funding Provisions ❑ COPS grant funds must not be used to replace funds that eligible agencies otherwise would have devoted to 0 The FAST Application -a fill-in-the-blank,one page future officer hiring. In other words,any hiring under the form--will be available by November 1, 1994. The _ COPS program must be in addition to,and not in lieu of, application will request basic identifying information previous hiring plans. about the agency,the number of police officers currently on the force and the number of new officers requested, 0 In hiring new officers,agencies may not reduce the basic financial information,and an agreement to abide by scope of their customary screening and training proce- standard legal requirements. dures,and must include community policing principles in their training curricula. In addition,to the extent practi- ❑ Completed applications will be due to the COPS Of- cable,COPS grant funds should be used to increase the fice by December 31, 1994. The COPS Office will in- representation of women and racial and ethnic minorities form the agency of an authorized hiring level by February within the ranks of sworn officers. 1, 1995. Before funding may begin,jurisdictions desig- nated for funding will be required to submit necessary 0 An award under COPS FAST will not affect the con- budget information and a brief,satisfactory description of sideration of an agency's application for a grant under any community policing plans. Technical assistance with the other COPS program. An agency that received funding development of policing plans will be provided to juris- under COPS Phase I is eligible to receive additional fund- dictions in need of such assistance. ing under COPS FAST. October 15,1994 OM Aocro N No.14O5•000t(E.10/0) ,,., ---- COPS FAST Application pis, ..? This FAST Application is for jurisdictions serving populations of under r� 50,000. This grant pays only for salaries and benefits of new or rehired mcdpolice officers. Complete the information below,read the assurances on the back and the enclosed Certifications,and sign below. By signing this U.S.Department of Justice application you also acknowledge that COPS FAST hiring grants provide Office of Community Oriented Policing Services a maximum federal contribution of 75%of the salary and benefits of 633 Indiana Avenue,NW,3rd floor (202)514-2058 each officer over three years,up to a cap of$75,000 per officer,with the Washington,DC 20531 FAX(202)5144272 federal share decreasing from year to year. Applicant Organization's Legal Name Law Enforcement Executive's Name Address City 'State Zip Code Telephone FAX Government Executive's Name Address City State Zip Code Telephone FAX Number of Officers Requested Through FAST Actual Number of Sworn Officers Performing Law Enforcement Functions as of 10/1194 Area of Jurisdiction(square miles) Entry Level Annual Salary Per Officer I Number of 1993 UCR Part I Crimes Entry Level Annual Fringe Benefits Cost Per Officer Current Population Served(per most recent U.S. Is the applicant organization delinquent on any federal census data) debt? (If answer is yes,please attach an explanation.) Yes ❑ No ❑ I certify that the information provided on this form is true and accurate to the best of my knowledge. I understand that the applicant must comply with the assurances on the reverse side if the assistance is awarded. On behalf of the applicant,I certify compliance with the applicable requirements of the Certifications Regarding Lobbying; Debarment,Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; and Non-Supplanting. Law Enforcement Executive's Signature • Government Executive's Signature Return this form postmarked by December 31, 1994 to: COPS Office,P.O.Box 14440,Washington,DC 20044. Overnight mail: 633 Indiana Avenue,NW,Third Floor,Washington,DC 20531. FAX: (202)514-9272. Public reporting burden for this collection of information is estimated at 55 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspects of this collection of information,including suggestions for reducing this burden to the Office of Community Oriented Policing Services,U.S.Department of Justice, 633 Indiana Ave.,NW,Third Floor,Washington,DC 20531; and to the Public Use Reports Project,1105-0061,Office of Information and Regulatory Affairs,Office of Management and Budget,Washington,DC 20503. COPS oot,Ot • Assurances • • - -- ,• - .,r - Several provisions of federal law and policy apply to all grant programs. We(the Office of Community Oriented Policing Services)need to secure your assurance that you(the applicant)will comply with these provisions. If you would like further information about any of the matters on which we seek your assurance,please contact us. -Sy your authorized representative's signature,you assure us and certifyto us that,if the grant is awarded,you will comply with all legal and administrative requirements that govern the acceptance and use of federal grant funds. In particular,you assure us that: 1. You have been legally and officially authorized by the national origin,gender,disability or age,unlawfully appropriate governing body(for example,mayor or city exclude any person from participation in,deny the council}to apply for this grant and that the persons signing benefits or employment to any person,or subject any the-application and these assurances on your behalf are person to discrimination in connection with any programs authorized-to do so.and jg-act on your behalf with respect to or activities funded in whole or in part with federal funds. any issues that may arise-during processing of this applica- These civil rights requirements are found in the nondis- tion. crimination provisions of the Omnibus Crime Control and f Safe Streets Act of 1968,as amended(42 U.S.C. 2. You will corngly,w ;theprovisions of federal law which §3789(d));Title VI of the Civil Rights Act of 1964, as -- limit certain political-activities of your employees whose amended (42 U.S.C. § 2000d); the Indian CMI pnn_palemployment is in connection with an activity Rights Act(25 U.S.C. §§ 1301-1303); Section 504 of financed in whole< r-in part with this grant. These restric- the Rehabilitation Act of 1973, as amended (29 tions are set forth in 5 U.S.C.§ 1501,et seq. U.S.C. §794); Title II, Subtitle A of the Americans 3. You will comply with the minimum wage and maximum with Disabilities Act(ADA) (42 U.S.C. § 12101, g_ meq.);the Age Discrimination Act of 1975{42-U.S C. -_-„- hours provisions of the Federal Fair Labor Standards Act,if they apply to you. §6101,et se q.);and Department of Justice Non- ,. •• Discrimination Regulations contained in Title 28,Parts 35 • 4;-Youestablish safeguards,if you have not done so and 42(subparts C,D,E and G)of the Code of Federal already,- prohibit employees from using their positions for Regulations. --a-purpose that is,or gives the appearance of being,moti- A. In the event that any court or administrative vated by a desire for private gain for themselves or others, agency makes a finding of discrimination on grounds of -particularly those with whom they have family,business,or -- other ties. _ race,color,religion,national origin or sex against you _-__-- <.�._ � after a due process hearing,you agree to forward a copy 5. You will give us or the Comptroller General access to of the finding to the Office of General Counsel,COPS, and the-right to examine records and-documents related to P.O.Box 14440,Washington, DC 20044. the grant. B. If you are applying for a grant of$500,000 or 6. You will comply with all requirements imposed by us as a more and Department regulations(28 CFR 42.301 et condition or administrative requirement of the grant,with the )require you to submit an Equal Opportunity Employ- - Fequirements of OMB Circulars-A-87(governing cost ment Plan,you will do so at the time of this application,if _calculations)and A-128(governing audits),with the appli- you have not done so in the past. _cableprovisions of the Omnibus Crime Control and Safe 9. You will insure that the facilities under your ownership, -.-,Streets Act.of 1968,as amended,with 28 CFR Part 66 lease or supervision which shall be utilized in the _tUniform-Adrninistrative Requirements),with the provisions accomplishment of the project are not listed on the of the current edition of the Office of Justice Programs Environmental Protection Agency's(EPA)list of Violating Financial and Administrative Guide for Grants,and with all Facilities and that you will notify us if you are advised by tithe applicable laws,orders,regulations,or circulars. the EPA indicating that a facility to be used in this grant is 7. You will,to the extent practicable,seek,recruit,and hire under consideration for listing by EPA. members of racial and ethnic minority groups and women in 10. If your state has established a review and comment order to increase their ranks within the sworn positions in procedure under Executive Order 12372 and has your agency. selected this program for review,you have made this 8. You will not,on the ground of race,color,religion, application available for review by the State Single Point of Contact. COPS 001/01(Bads) • Assurances • • • Several provisions of federal law and policy apply to all grant programs. We(the Office of Community Oriented Policing Services)need to secure your assurance that you(the applicant)will comply with these provisions. If you would like further information about any of the matters on which we seek your assurance,please contact us. - _ - -By your authorized representative's signature,you assure us and certify-to us that,if the grant is awarded,you will comply with all legal and administrative requirements that govern the acceptance and use of federal grant funds. In particular,you assure us that: __ _1._.You have been legally and officially authorized by the national origin,gender,disability or age,unlawfully appropriate governing body(for example,mayor or city exclude any 3erson from participation in,deny the council)to apply for this grant and that the persons signing benefits or employment to any person,or subject any the:application and these assurances on your behalf are person to discrimination in connection with any programs authorized to do so and to act on your behalf with respect to or activities funded in whole or in part with federal funds. any issues that may arise during processing of this applica- These civil rights requirements are found in the nondis- tion. crimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968,as amended(42 U.S.C. 2.-You will corn_ply_witp tthe-prgyisions of federal law which §3789(d));Title VI of the Civil Rights Act of 1964, as - -- limit certain political activities_of your employees whose amended (42 U.S.C. § 2000d); the Indian Civil principal employment is in connection with an activity Rights Act(25 U.S.C. §§ 1301-1303); Section 504 of -_ financed in whole or in part with this grant. These restric- the Rehabilitation Act of 1973, as amended (29 _ tions are set forth in 5 U.S.C.§ 1501,gLsea, U.S.C. §794); Title II, Subtitle A of the Americans __ _-3, You will comply with the minimum wage and maximum with Disabilities Act(ADA) (42 U.S.C. § 12101, --_-_- hours provisions of the Federal Fair Labor Standards Act,if );the Age Discrimination Ad of 1975(42 U.S.C. -_ _they.apply to you. §6101,et sea.);and Department of Justice Non- Discrimination Regulations contained in Title 28, Parts 35 4F--You will establish safeguards,if you have not done so and 42(subparts C,D,E and G)of the Code of Federal _already,to prohibit employees from using their positions for Regulations. a-po pose that is,or gives the appearance of being,moti- A, In the event that any court or administrative - vated by a desire for private gain for themselves or others, agency makes a finding of discrimination on grounds of particularly those with whom they have family,business,or race,color,religion,national origin or sex against you - - - _ other other ties. - - after a due process hearing,you agree to forward a copy -- 5. You will give us or the Comptroller General access to of the finding to the Office of General Counsel,COPS, __ --_.- and the right to examine records and-documents related to P.O.Box 14440,Washington, DC 20044. _ the grant._ B. If you are applying for a grant of$500,000 or - - 6. You will comply with all requirements imposed by us as a more and Department regulations(28 CFR 42.301 g1 condition or administrative requirement of the grant,with theAm )require you to submit an Equal Opportunity Employ- - requirements of OMB Circulars A-87(governing cost ment Plan,you will do so at the time of this application, if _calculations)and A-128(governing audits),with the appli- you have not done so in the past. __cable provisions of the Omnibus Crime Control and Safe 9. You will insure that the facilities under your ownership, - Streets.Act of 1968,as amended,with 28 CFR Part 66 lease or supervision which shall be utilized in the jUniform.Administrative Requirements),with the provisions accomplishment of the project are not listed on the ofhe current edition of the Office of Justice Programs Environmental Protection Agency's(EPA)list of Violating Financial and Administrative Guide for Grants,and with all Facilities and that you will notify us if you are advised by other.applicable laws,orders,regulations,or circulars. the EPA indicating that a facility to be used in this grant is 7. You will,to the extent practicable,seek,recruit,and hire under consideration for listing by EPA members of racial and ethnic minority groups and women in 10. If your state has established a review and comment order to increase their ranks within the sworn positions in procedure under Executive Order 12372 and has your agency. selected this program for review,you have made this 8. You will not,on the ground of race,color,religion, application available for review by the State Single Point of Contact. COPS 001101(Sade) U.S.Department of Justice " Office of Community Oriented Policing Services • CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS; AND NON-SUPPLANTING' Although the Department of Justice has made every effort to simplify the application process,other provisions of federal law _ • require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instruc- tions for certification luded in the regulations-to understandthe requirements. The sigrrature of the applicant's representative on the application provides for compliance with certification requirements under 28 CFR Part 69,"New Restrictions on Lobbying"and 28 CFR Part 67,"Government-wide Debarment and Suspension(Nonprocurement)and Government-wide Requirements for Drug- Free Workplace(Grants),"and the non-supplanting requirements of the Violent Crime Control and Law Enforcement Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant 1. LOBBYING (i) Are not presently debarred,suspended,proposed for debarment,declared ineligible,sentenced to a denial of As required by Section 1352,Title 31 of the U.S.Code, Federal benefits by a State or Federal court,or voluntarily and implemented at 28 CFR Part 69,for persons entering excluded from covered transactions by any Federal into a grant or cooperative agreement over$100,000,as department or agency; defined at 28 CFR Part 69,the applicant certifies that • (ii) Have not within a three-year period preceding this (a) No Federal appropriated funds have been paid or will application been convicted of or had a civil judgment be paid,by or on behalf of the undersigned,to any person rendered against them for commission of fraud or a for influencing or attempting to influence an officer or criminal offense in connection with obtaining,attempting to employee of any agency,a Member of Congress,an obtain,or performing public(Federal,State,or local) officer or employee of Congress,or an employee of a transaction or contract under a public transaction; viola- Member of Congress in connection with the making of any tion of Federal or State antitrust statutes or commission of Federal grant,the entering into of any cooperative embezzlement,theft,forgery,bribery,falsification or agreement,and the extension,continuation,renewal, destruction of records,making false statements,or. amendment,or modification of anyFederalgrant or receiving stolen property; cooperative agreement; (iii) Are not presently indicted for or otherwise criminally or (b) If any funds other than Federal appropriated funds civilly charged by a governmental entity(Federal,State,or have been paid or will be paid to any person for influenc- local)with commission of any of the offenses enumerated ing or attempting to influence an officer or employee of in paragraph(A)(ii)of this certification;and any agency,a-Member of Congress,an officer or em- ployee of Congress,or an employee of a Member of (iv) Have not within a three-year period preceding this Congress in connection with this Federal grant or coop- application had one or more public transactions(Federal, erative agreement,the undersigned shall complete and State,or local)terminated for cause or default; and submit Standard Form-LLL,"Disclosure of Lobbying • Activities,"in accordance with its instructions. (Blank B. Where the applicant is unable to certify to any of the copies of Standard Form-LLL can be obtained from the statements in this certification,he or she shall attach an Department of Justice Response Center at: (800)421- explanation to this application. 6770);- - 3. DRUG-FREE WORKPLACE(GRANTEES OTHER (c) The undersigned*shall require that the language of THAN INDIVIDUALS) this certification be included in the award documents for all subawards at all tiers(including subgrants,contracts As required by the Drug-Free Workplace Act of 1988,and under grants and cooperative agreements,and subcon- implemented at 28 CFR Part 67,Subpart F,for grantees, tracts)and that all sub-recipients shall certify and disclose as defined at28 CFR Part 67 Sections 67.615 and accordingly. 67.620- 2. DEBARMENT,SUSPENSION,AND OTHER RE- A. The applicant certifies that it will or will continue to SPONSIBILITY MATTERS(DIRECT RECIPIENT) provide a drug-free workplace by: As required by Executive Order 12549, Debarment and - (i) Publishing a statement notifying employees that the Suspension,and implemented at 28 CFR Part 67, for unlawful manufacture,distribution,dispensing, posses- prospective participants in primary covered transactions, sion,or use of a controlled substance is prohibited in the as defined at 28 CFR Part 67,Section 67.510- grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; A.The applicant certifies that it and its principals: 'The signature on the application constitutes certification as to these provisions. COPS 002/01 • (ii) Establishing an on-going drug-free awareness program to such purposes-by a-Federal,State,or local health,law inform employees about- _ enforcementror other appropriate agency; (a) The dangers of drug abuse in the workplace; (vii) Making a good faith effort to continue to maintain a (b) The grantee's policy of maintaining a drug-free work- drug-free workplace through implementation of para- graphs(I),(ii),(iii),(iv),.(v),and(vi). place; drug counseling,rehabilitation,and B. The.grantee may insert in the space provided below (c) Any available employee assistance programs; and the site(s)for the performance of work done in connection with the specific grant: (d) The penalties that may be imposed upon emplbyees-for`' Place of Performance(Street address,city,county,state, drug abuse violations occurring in the workplace; zip code) (iii) Making it a requirement that each employee to be- - engaged in the performance of the grant be given a copy of the statement required by paragraph(i); • (iv) Notifying the employee in the statement required by paragraph(i)that,as a condition of employment under the Check 0 if there are workplaces on file that are not grant,the employee will- identified here. (a) Abide by the terms of the statement and ' Section 67.630 of the regulations provides that a grantee that is a State may elect to make one certification in each (b) Notify the employer in writing of his or her conviction for a Federal fiscal year,a copy of which should be included violation of a criminal drug statute occurring in the workplace with each application for Department of Justice funding. no later than five calendar days after such conviction; - States and State agencies may elect to use OJP Form 061/7. (v) Notifying the agency,in writing,ng,within 10 calendar days _ after receiving notice under subparagraph(iv)(b)from an Check 0 if the State has elected to complete OJP employee or otherwise receiving actual notice of such Form 4061/7. conviction. Employers of convicted employees must provide notice,including position title,to: COPS Program,P.O.Box 4. NON-SUPPLANTING 14440,Washington,D.C. 20044. Notice shall include the identification number(s)of each affected grant; The applicant hereby certifies that Federal funds will not =be used to replace or supplant State or local funds,or (vi) Taking one of the following actions,within 30 calendar funds supplied by the Bureau of Indian Affairs,that would, days of receiving notice under subparagraph(iv)(b),with . in the absence of federal aid,be made available for the respect to any employee who is so convicted- employment of law enforcement officers. (a) Taking appropriate personnel action against such an The applicant further certifies that funds required to pay employee,up to and including termination,consistent with the the non-federal or"cash match"portion of the grant requirements of the Rehabilitation Act of 1973,as amended; program shall be in addition to funds that would otherwise or be made available for the employment of law enforce- (b) Requiring such employee to participate satisfactorily in a ment officers. drug abuse assistance or rehabilitation program approved for • COPS 002101(Bade) • • • (ii) Establishing an on-going drug-free awareness program to . such purposes by a Federal,State,or local health,law inform employees about- - •enforcementor other appropriate agency; (a) The dangers of drug abuse in the workplace; �w7 Making a good faith effort to continue to maintain a drug-free workplace through implementation of pare- (b) The grantee's policy of maintaining a drug-free work- graphs(I),(ii),(iii),Cir),.(vkand(vi). place; - B. The grantee may insert in the space provided below (c) Any available drug counseling,rehabilitation,and -. the site(s)for the performance of work done in connection employee assistance programs; and with the specific grant (d) The penalties that may be imposed upon employees"for .-P ace of Performance(Street address,city,county,state, drug abuse violations occurring in the workplace; zip code) _ __- .-- (iii) Making it a requirement that each employee to be _='' engaged in the performance of the grant be given a copy of= the statement required by paragraph O; • (iv) Notifying the employee in the statement required by ;--- - - paragraph(i)that,as a condition of employment under the grant,the employee will- Check 0 if there are workplaces on file that are not identified here. (a) Abide by the terms of the statement; and Section 67.630 of the regulations provides that a grantee (b) Notify the employer in writing of his or her conviction for a that is a State may elect to make one certification in each violation of a criminal drug statute occurring in the workplace •Federal fiscal year,a copy of which should be inducted no later than five calendar days after such conviction; _ -_ vvrth each application for Department of Justice funding. States and State agencies may elect to use OJP Form (v) Notifying the agency,in writing,within 10 calendar days 40618. after receiving notice under subparagraph(iv)(b)from an Check 0 if the State has elected to complete OJP employee or otherwise receiving actual notice of such Form 4061/7. conviction. Employers of convicted employees must provide notice,including position title,to: COPS Program,P.O.Box 4. NON-SUPPLANTING 14440,Washington,D.C. 20044. Notice shall include the identification number(s)of each affected grant The applicant hereby certifies that Federal funds will not (vi) Taking one of the following actions,within 30 calendar ,be used to replace or supplant State or local funds,or days of receiving notice under subparagraph(iv)(b),with funds supplied by the Bureau of Indian Affairs,that would, respect to any employee who is so convicted- in the absence of federal aid,be made available for the employment of law enforcement officers. (a) Taking appropriate personnel action against such an The applicant further certifies that funds required to pay employee,up to and including termination,consistent with the the non-federal or"cash match"portion of the grant requirements of the Rehabilitation Act of 1973,as amended; program shall be iri addition to funds that would otherwise or be made available for the employment of law enforce- (b) Requiring such employee to participate satisfactorily in a ment officers. drug abuse assistance or rehabilitation program approved for • COPS 002/01(Balk) ►3b1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer Pm SUBJECT: Purchase of Plotter DATE: November 14, 1994 INTRODUCTION: Staff is seeking permission to purchase a new plotter to replace the existing pen plotter. BACKGROUND: Staff is proposing to replace the existing pen plotter with a new "design jet" plotter. The plotter is used to make full size plan sheet originals from AutoCad (22" x 34" or larger). The existing pen plotter is very slow and is prone to having pens dry out or become damaged, thus ruining the drawing. Staff believes that replacing the plotter will save a substantial amount of time. This is especially important now with the comprehensive plan update, zoning map update and upcoming project design season, which all require a large amount of plotting. The Existing Pen Plotter The existing pen plotter was purchased in 1986. At the time it was purchased, the pen plotter was the most reliable technology available. The "design jet" type plotters were very expensive and unreliable. The pen plotter uses a variety of pens, (similar to a fine point ink pen) and actually draws each line and prints each letter. A typical plot (for the City base map) takes approximately one hour. Construction plan sheets take from 30 to 45 minutes to plot, depending on the complexity. One of the biggest problems with the pen plotter is that the pens tend to clog up, causing the computer to keep drawing, with no ink coming out of the pen. When this occurs, the plot must be started over, on a clean piece of paper. The software is not designed to allow for plotting only that portion of the drawing that was left out when the pen went bad. The pen problem can turn a one hour plot into a two or three hour plot. This problem occurs often enough (20% to 25% of the time) to cause a substantial increase in plotting time. With the existing plotter, drawings take so long to plot that often there is not time to produce a "rough draft" plot to check for errors or omissions. With a plan sheet sized drawing, the entire 1 drawing cannot be seen on the computer screen at one time at a scale that would allow for catching errors. This often leads to replotting a drawing (which takes another hour) when an error is detected. A second major problem is that with the current hardware and software configuration the AutoCad program is not accessible during plotting. This means that there is one hour of"down time" each time a plot is run, and the downtime doubles if the pens fail and the plot has to be redone. Currently, we have one technician who is proficient in AutoCad, and one technician who is learning the system. Out of two AutoCad stations, only one is currently working. The "down time" for plotting has a major impact on the in-house drafting capabilities. To bring these problems into perspective, the following table shows several projects, and the associated plotting/AutoCad downtime. Approximate Proj ect # of Sheets Plotting Time VIP Sewer Plans (in-house design) 15 13.5 Hours Zoning Map Update 10 12.0 Hours Other future projects include the Comprehensive Plan update and updating City base maps. The 1980 Comprehensive Plan has in excess of 20 maps. Planning estimates needing about 10 drawings for the current Comprehensive Plan revision. The City maps are updated annually to reflect new subdivisions and infrastructures (sewer and watermain). In addition to these projects, staff is working toward the total in-house engineering concept, which would greatly increase the plotter usage. The New Plotter Staff is proposing to replace the pen plotter with a Hewlett Packard Design Jet Plotter. This plotter is similar to the 11" x 17" paint jet plotter the City bought a few years ago. The major advantage to the design jet plotter is that an average plot will take approximately 5 - 10 minutes, rather than 45 - 60 minutes as with the pen plotter. The design jet technology has advanced to the point where the plots are almost error free, thus reducing the amount of replotting needed. The reduced plotting time will allow for printing rough draft plots to check for errors, etc. This will increase the quality of the drawings, while decreasing the time it takes to produce them. 2 In addition, the design jet plotter is capable of a much finer resolution than the pen plotter. This allows for reducing a plan set to 11" x 17" size without losing clarity. The existing paint jet printer has a resolution of 150 dots per inch (dpi), while the design jet plotter has a resolution of 600 dpi. The following table compares the pen plotter and the design jet plotter. Approx. Pen Approx. Design Percent Project Plotter Time Jet Plotter Time Reduction VIP Sewer Plans 13.5 Hours 1.75 Hours 771 % (in-house design) Zoning Map Update 10.0 Hours 1.17 Hours 855% Financial Impact To date, staff has received two quotes for the cost of the new plotter, and are waiting for a call back from a third company. The costs are: Office Products of Minnesota $8,931.09 Copy Equipment, Inc. $8,887.43 Staff will continue to solicit quotes for the plotter, but feels that the costs already obtained are competitive. The salvage value of the existing pen plotter is estimated at $500.00. Attached are copies of the Engineering and Planning Department budgets. There are ample funds available to cover the cost of the plotter. The Planning Department has indicated they will contribute to the purchase price for the plotter due to the number of drawings being produced for their department, and for use by a future Planning Technician. ACTION REQUESTED: Move to authorize the purchase of a Hewlett Packard Design Jet 650C, E-size, color postscript model for a cost not-to-exceed $8,887.43. DMN/pmp PLOTTER 3 CITY OF SHAKOPEE Option II Report Page 3 Expenditures by Department within Fund As Of 11/07/94 Current Year Object Code & Decription Annual Month to Before Opn Exp. Comm Avail. Division Code & Description Budget Actual Date Conmitmnts Cmm Balance °%° a%" °%° 4210 OPERATING SUPPLIES $7,500 $0 $3,430 $4,070 $0 $4,070 45.7 0.0 54.3 4222 MOTOR FUELS & LUBRICANTS $1,200 $0 $1,213 $-13 $0 $-13 101.1 0.0 -1.1 4240 EQUIPMENT MAINTENANCE $1,000 $0 $1,142 $-142 $0 5-142 114.2 0.0 -14.2 4310 PROFESSIONAL SERVICES $9,900 $0 $3,095 $6,805 $0 $6,805 31.3 0.0 68.7 4320 POSTAGE $0 $0 $16 5-16 $0 5-16 0.0 0.0 0.0 4321 TELEPHONE $1,100 $0 $1,237 $-137 $0 5-137 112.5 0.0 -12.4 4330 TRAVEL/SUBSISTENCE $1,200 $0 $356 $844 $0 $844 29.7 0.0 70.3 4350 PRINTING/PUBLISHING $1,000 $0 $1,673 5-673 $0 5-673 167.3 0.0 -67.3 4360 INSURANCE $5,100 $0 $5,320 $-220 $0 $-220 104.3 0.0 -4.3 4390 CONFERENCE/SCHOOL/TRAINING $2,200 $0 $2,150 $50 $0 $50 97.7 0.0 2.3 4433 DUES $1,100 $0 $405 $695 $0 $695 36.8 0.0 63.2 4435 SUBSCRIPTIONS/PUBLICATIONS $0 $0 $30 5-30 $0 $-30 0.0 0.0 0.0 SUPPLIES & SERVICES $31,300 $0 $20,067 $11,233 $0 $11,233 64.1 0.0 35.9 450 CAPITAL EXPENDITURES 4550 EQUIPMENT $14,500 $0 $12,460 $2,040 $0 $2,040 85.9 0.0 14.1 CAPITAL EXPENDITURES $14,500 $0 $12,460 $2,040 $0 $2,040 85.9 0.0 14.1 480 EXPENSE CHARGED TO OTHER ACT 4800 EXPENSE CHARGED BACK $-6,000 $0 $0 $-6,000 $0 $-6,000 0.0 0.0 100.0 EXPENSE CHARGED TO OTHER ACT $-6,000 $0 $0 $-6,000 $0 5-6,000 0.0 0.0 100.0 TOTAL ENGINEERING $665,480 $7,368 $537,790 $127,690 $0 $127,690 80.8 0.0 19.2 CITY OF SHAKOPEE Option II Report Page 2 Expenditures by Department within Fund As Of 11/07/94 Current Year Object Code & Decription Annual Month to Before Opn Exp. Coram Avail. Division Code & Description Budget Actual Date Comnitmnts Cain Balance °%" 117,11 "M" 41 ENGINEERING 320 LICENSES & PERMITS 3250 STREET OPENING PERMITS $2,500 $550 $3,600 $-1,100 $0 $-1,100 144.0 0.0 -44.0 LICENSES & PERMITS $2,500 $550 $3,600 $-1,100 $0 $-1,100 144.0 0.0 -44.0 340 CHARGES FOR SERVICES 3407 SALE OF DOCUMENTS $0 $0 $2,460 $-2,460 $0 $-2,460 0.0 0.0 0.0 3435 ENGINEERING FEE $305,000 $0 $275,668 $29,332 $0 $29,332 90.4 0.0 9.6 3436 ENGINEERING GRADE FEE $2,500 $0 $2,565 $-65 $0 5-65 102.6 0.0 -2.6 CHARGES FOR SERVICES $307,500 $0 $280,693 $26,807 $0 $26,807 91.3 0.0 8.7 410 PERSONNEL SERVICES 4101 WAGES FT REG $243,990 $6,085 $184,524 $59,466 $0 $59,466 75.6 0.0 24.4 4102 OVERTIME-FT $1,000 $0 $35 $965 $0 $965 3.5 0.0 96.5 4110 WAGES - TEMP $10,400 $0 $0 $10,400 $0 $10,400 0.0 0.0 100.0 4111 OVERTIME-TEMP $1,000 $0 $0 $1,000 $0 $1,000 0.0 0.0 100.0 4121 PERA $10,890 $272 $7,716 $3,174 $0 $3,174 70.9 0.0 29.1 4122 FICA $19,410 $461 $14,016 $5,394 $0 55,394 72.2 0.0 27.8 4131 HEALTH & LIFE $20,820 $0 $15,475 $5,345 $0 $5,345 74.3 0.0 25.7 4142 UNEMPLOYMENT $0 $0 $1,284 $-1,284 $0 $-1,284 0.0 0.0 0.0 4151 WORKERS COMPENSATION $3,670 $0 $4,423 $-753 $0 5-753 120.5 0.0 -20.5 4170 COMPENSATED ABSENCES $4,500 $0 $-6,503 $11,003 $0 $11,003 -144.5 0.0 244.5 PERSONNEL SERVICES $315,680 $6,818 $220,970 $94,710 $0 $94,710 70.0 0.0 30.0 420 SUPPLIES & SERVICES CITY OF SHAKOPEE Option II Report Page 2 Expenditures by Department within Fund As Of 11/14/94 ' Current Year Object Code & Decription Annual Month to Before Open Exp. Comm Avail. Division Code & Description Budget Actual Date Comnitmnts Cnmt Balance "%" "%" "%" 17 PLANNING 310 TAXES 3140 LODGING TAX $75,000 $0 $80,260 $-5,260 $0 $-5,260 107.0 0.0 -7.0 TAXES $75,000 $0 $80,260 $-5,260 $0 $-5,260 107.0 0.0 -7.0 340 CHARGES FOR SERVICES 3407 SALE OF DOCUMENTS $0 $0 $138 $-138 $0 $-138 0.0 0.0 0.0 3410 COMPREHENSIVE PLAN FEE $0 $0 $2,470 $-2,470 $0 $-2,470 0.0 0.0 0.0 3411 LAND DIVISION ADMINISTRATION $0 $0 $18,354 $-18,354 $0 $-18,354 0.0 0.0 0.0 3414 LAND USE ADMINISTRATION $0 $0 $6,336 $-6,336 $0 $-6,336 0.0 0.0 0.0 CHARGES FOR SERVICES $0 $0 $27,298 $-27,298 $0 $-27,298 0.0 0.0 0.0 410 PERSONNEL SERVICES 4101 WAGES FT REG $198,500 $6,630 $168,279 $30,221 $0 $30,221 84.8 0.0 15.2 4110 WAGES - TEMP $4,490 $72 $1,087 $3,403 $0 $3,403 24.2 0.0 75.8 4121 PERA $8,960 $297 $7,166 $1,794 $0 $1,794 80.0 0.0 20.0 4122 FICA $15,620 $512 $12,895 $2,725 $0 $2,725 82.6 0.0 17.4 4131 HEALTH & LIFE $15,210 $0 $7,690 $7,520 $0 $7,520 50.6 0.0 49.4 4142 UNEMPLOYMENT $0 $0 $17 $-17 $0 $-17 0.0 0.0 0.0 4151 WORKERS COMPENSATION $4,460 $0 $1,623 $2,837 $0 $2,837 36.4 0.0 63.6 4170 COMPENSATED ABSENCES $1,000 $0 $1,915 $-915 $0 5-915 191.5 0.0 -91.5 PERSONNEL SERVICES $248,240 $7,511 $200,672 $47,568 $0 $47,568 80.8 0.0 19.2 420 SUPPLIES & SERVICES 4210 OPERATING SUPPLIES $2,650 $42 $4,596 $-1,946 $0 $-1,946 173.4 0.0 -73.4 CITY OF SHAKOPEE Option II Report Page 3 Expenditures by Department within Fund As Of 11/14/94 , Current Year Object Code & Decription Annual Month to Before Open Exp. Comm Avail. Division Code & Description Budget Actual Date Commitmnts Cmmt Balance "%" "%" "%" 4222 MOTOR FUELS & LUBRICANTS $200 $0 $64 $136 $0 $136 32.0 0.0 68.0 4240 EQUIPMENT MAINTENANCE $1,100 $0 $243 $857 $0 $857 22.1 0.0 77.9 4310 PROFESSIONAL SERVICES $127,270 $465 $93,610 $33,660 $0 $33,660 73.6 0.0 26.4 4320 POSTAGE $250 $567 $567 $-317 $0 $-317 226.8 0.0 -126.8 4321 TELEPHONE $850 $89 $681 $169 $0 $169 80.1 0.0 19.9 4330 TRAVEL/SUBSISTENCE $2,500 $0 $493 $2,007 $0 $2,007 19.7 0.0 80.3 4340 ADVERTISING $2,000 $0 $325 $1,675 $0 $1,675 16.3 0.0 83.8 4350 PRINTING/PUBLISHING $6,600 $0 $4,101 $2,499 $0 $2,499 62.1 0.0 37.9 4360 INSURANCE $3,200 $0 $4,052 $-852 $0 $-852 126.6 0.0 -26.6 4390 CONFERENCE/SCHOOL/TRAINING $2,400 $-50 $924 $1,476 $0 $1,476 38.5 0.0 61.5 4430 MISCELLANEOUS $0 $0 $0 $0 $0 $0 0.0 0.0 0.0 4433 DUES $1,200 $0 $1,095 $105 $0 $105 91.3 0.0 8.8 SUPPLIES & SERVICES $150,220 $1,113 $110,751 $39,469 $0 $39,469 73.7 0.0 26.3 450 CAPITAL EXPENDITURES 4550 EQUIPMENT $13,670 $0 $7,193 $6,477 $0 $6,477 52.6 0.0 47.4 CAPITAL EXPENDITURES $13,670 $0 $7,193 $6,477 $0 $6,477 52.6 0.0 47.4 480 EXPENSE CHARGED TO OTHER ACT 4800 EXPENSE CHARGED BACK $-4,000 $0 $0 $-4,000 $0 $-4,000 0.0 0.0 100.0 EXPENSE CHARGED TO OTHER ACT $-4,000 $0 $0 $-4,000 $0 $-4,000 0.0 0.0 100.0 TOTAL PLANNING $483,130 $8,624 $426,174 $56,956 $0 $56,956 88.2 0.0 11.8 CITY OF SHAKOPEE Option II Report Page 4 Expenditures by Department within Fund As Of 11/14/94 , Current Year Object Code & Decription Annual Month to Before Open Exp. Comm Avail. Division Code & Description Budget Actual Date Comnitmits Cmnt Balance "%" "%" "%" GENERAL FUND Total $483,130 $8,624 $426,174 $56,956 $0 $56,956 88.2 0.0 11.8 13C. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S . Ekola, Planning Director RE: Planning Secretary Position DATE: November 10, 1994 INTRODUCTION: City Council autorization is needed to fill the position of Planning Secretary. BACKGROUND: The 1994 Budget includes the necessary funding for this planning position. The Scott County Personnel Office was utilized in the advertising and initial screening process . The Scott County Personnel Office received a total of 65 applications for this position. After screening and ranking the applications, a total of ten applications were submitted to the City staff for consideration. The top five applicants were interviewed. An interview panel consisting of Lindberg Ekola, Planning Director and Barry Stock, Assitant City Administrator interviewed the five candidates . Based on the interview process, follow up reference checks and discussions with Administration I am recommending the appointment of Ms . Michelle Baeyen to the position of Planning Secretary effective December 5, 1994 at Step II of the 1994 Pay Plan or $22, 457 subject to the normal pre-hire testing procedures. ALTERNATIVES: 1 . Hire as recommended. 2 . Do not fill the position. 3 . Expand the interview process . RECOMMENDATION: Staff recommends alternative #1 . ACTION REOUESTED: Move to appoint Ms. Michelle Baeyen to the position of Planning Secretary at Step II ($22, 457) of the 1994 Wage Schedule of the Clerical/Technical Union Contract with an effective date of December 5, 1994, subject to the pre-hire testing procedure. `3a CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 11/09/94. The HRA Fund is experiencing costs that will exceed the budget as it currently stands. Costs are related to the Stans House project, TIF studies and land registration. The Assistant City Administrator will be preparing a budget amendment for these items. The General Government Building Division appears to be going over budget. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 11/09/94 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 67,420 72 41,268 61 12 CITY ADMINISTRATOR 194,060 5,633 149,658 77 13 CITY CLERK 116,690 2,826 91,856 79 15 FINANCE 278,660 6,784 229,210 82 16 LEGAL COUNSEL 185,970 6,782 132,794 71 17 PLANNING 408,130 8,674` 318,669 78 18 GENERAL GOVERNMENT BUILDINGS 115,790 4,438 100,440 87 31 POLICE 1,389,520 43,617 1,139,494 82 32 FIRE 865,310 10,923 805,761 93 33 INSPECTION-BLDG-PLMBG-HTG 187,120 6,371 146,502 78 41 ENGINEERING 355,480 7,532 254,215 72 42 STREET MAINTENANCE 586,820 68,637 400,544 68 44 SHOP 185,050 5,479 167,102 90 46 PARK MAINTENANCE 307,270 9,265 265,160 86 61 POOL 150,300 368 142,755 95 64 RECREATION 209,380 6,445 168,482 80 91 UNALLOCATED 73,610 362 23,251 32 TOTAL GENERAL FUND 5,676,580 194,208 4,577,161 81 17 PLANNING 360,860 7,289 265,588 74 TOTAL TRANSIT 360,860 7,289 265,588 74 12 CITY ADMINISTRATOR 64,870 879 135,254 209 TOTAL HRA 64,870 879 135,254 209 00 N/A 785,700 0 747,302 95 TOTAL CAPITAL EQUIP REVOLVING FUND 785,700 0 747,302 95 0 Pa w a a, a a, a a w w a w P4 a a Q,' H H H H H H H H H H H H H H H 1-1 N ibO cd a i 0 a w 0 H .t to CO 0% 0 .--1 N O n N to to .o .0 .o to .o .-I .--1 .o .o .o .o .o 4 o. 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M M cn M O W .t .t .t •t 00 U 0 0 O 0 a) 00 ci a • in in O N .t 0 Lfl 47 %O .-i 0 N CO ON %O 0 N. CO VO N N OO% N in 0 0% %O N 0 0 ,--40 . • CO N C CO .O N. en e-1 in en N 1O 00 t/? n O O co N is N N? O u1 00 I in %O - n -..1- N Os NCO .--I M `p .7 to t? p CO 0 .-I N t/? .t 0? p ,t H M V? H t? 0> t? CO O% V} -EA- th O' 0% a Zz w w a A A rii 43 0 1:4 w3 A>4 a e• w0 Z H H °"W °'H ~ H H c.)w ~ w z H cn O A ~ ww 0 Ug Wto 0 H M U A A '-+ U to co w A 04 U .--1 -t u1 t� H in .r1 t� 0p O O O O O W O .-1 .--1 .--1 N N e7 en en .--I en .? .4 Oh V O '-1 .--1 H .4' 4 .t .t N n n O Ol .-7 N # # # # # # # # # # # # # # V Z A A A A A A A A A A A A A A A Z Z Z Z Z Z Z Z Z Z Z ZZ Z O 00000000000000 0 W W W W W W W W W W W W W W CONSENT i /C(j_ Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Certification of Delinquent Storm Drainage Utility Bills Date: November 7, 1994 Information Pursuant to Ordinance No. 176, past due storm drainage utility bills in excess of ninety days past due of October 1st of any year, may be certified to the County Auditor for collection with real estate taxes. Background Attached are lists of delinquent storm drainage utility accounts and Resolution No. 4115 certifying such to the 1995 Real Estate Taxes. Notices have been sent to these property owners advising them of this action. Action Requested Move to adopt Resolution No. 4115, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1995. GV:mmr RESOLUTION NO. 4115 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1995 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS, some utility bills are delinquent. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills as listed on the attached listing are hereby certified to the Scott County Auditor for collection with the 1995 property taxes. Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 15th day of November, 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of November 1994. City Attorney SPECIAL ASSESSMENT ROLLS PID MUNIC CD LEVY AMT 270010480 27 73 $63.09 270010700 27 73 $46.76 270011501 27 73 $42.09 270011830 27 73 $14.64 270011881 27 73 $13.67 27001.1.940 27 73 $14.45 270012390 27 73 $46.76 270012900 27 73 $14.45 270013300 27 73 $46.76 270013690 27 73 $46.76 270014090 = 27 73 $46.76 270014640 27 73 $14.45 270015060 27 73 $14.45 270015310 27 73 $10.85 270015311 27 73 $10.85 270015360 27 73 $46.76 270015670 27 73 $16.04 270015700 27 73 $46.76 270016050 27 73 $10.85 270016230 27 73 $22.24 270016270 27 73 $46.76 270016340 27 73 $46.76 270016420 27 73 $46.76 270016520 27 73 $46.76 270016600 27 73 $10.85 270016630 27 73 $10.85 270017260 27 73 $29.79 270017290 27 73 $10.85 270017550 27 73 $46.76 270017670 27 73 $46.76 270018500 27 73 $16.46 270020260 27 73 $46.76 270040050 27 73 $15.17 270040210 27 73 $14.45 . 270040230 27 73 $14.45 270040472 27 73 $14.45 270040850 27 73 $14.45 270041150 27 73 $19.07 270041660 27 73 $14.45 270041710 27 73 $14.45 270050100 27 73 $14.45 270060070 27 73 $14.45 270060170 27 73 $265.29 270060190 27 73 $149.43 270080250 27 73 $14.45 270080540 27 73 $14.45 270120010 27 73 $46.76 270120090 27 73 $46.76 270170160 27 73 $14.45 270170260 27 73 $14.45 270170790 27 73 $14.45 270190090 27 73 $22.81 270240220 27 73 $13.72 270240400 27 73 $14.45 270240590 27 73 $14.45 270241070 27 73 $15.17 SPECIAL ASSESSMENT ROLLS PID MUNIC CD LEVY AMT 270241110 27 73 $14.45 270260010 27 73 $23.44 270340150 27 73 $14.45 270360470 27 73 $14.45 270360780 27 73 $14.45 270400480 27 73 $14.45 270410850 27 73 $14.45 270430020 27 73 $14.45 270430030 27 73 $14.45 270500010 27 73 $14.45 I 270510200 27 73 $14.45 270510210 27 73 $14.45 270520070 27 73 $14.45 270560010 27 73 $14.45 270560060 27 73 $14.45 270560140 27 73 $14.45 270580010 27 73 $14.45 270590010 27 73 $14.45 270610340 27 73 $15.17 270620260 27 73 $14.45 270630230 27 73 $14.45 270650280 27 73 $14.45 270710020 27 73 $14.45 270740110 27 73 $15.17 270740150 27 73 $14.45 270750010 27 73 $184.47 270810050 27 73 $567.46 270810090 27 73 $9.21 270820120 27 73 $14.45 270830290 27 73 $14.45 270840240 27 73 $14.45 270840390 27 73 $8.45 270840400 27 73 $14.45 270890010 27 73 $10.65 270890021 27 73 $8.32 270920050 27 73 $14.45 270920081 27 73 $14.45 . 270920130 27 73 $14.45 270920210 27 73 $14.45 270920220 27 73 $15.17 270920270 27 73 $14.45 270920300 27 73 $14.45 270970160 27 73 $14.45 270970190 27 73 $14.45 271040073 27 73 $14.45 271110010 27 73 $142.46 271110020 27 73 $227.09 271140011 27 73 $14.45 271170010 27 73 $122.18 271280012 27 73 $14.45 271280040 27 73 $14.45 271290180 27 73 $14.45 271330240 27 73 $14.45 271360200 27 73 $14.42 271360300 27 73 $14.45 271400030 27 73 $14.45 SPECIAL ASSESSMENT ROLLS PID MUNIC CD LEVY AMT 271450090 27 73 $14.45 271450310 27 73 $15.17 271460121 27 73 $14.45 271500350 27 73 $14.45 271610010 27 73 $14.45 271620030 27 73 $14.45 271620080 27 73 $13.87 271690040 27 73 $13.72 271690410 27 73 $14.45 271690490 27 73 $14.45 279060410 27 73 $14.45 279060850 27 73 $10.85 279061420 27 73 $14.45 279070070 27 73 $25.80 • 279070100 27 73 $6.35 279070150 27 73 $14.45 279070220 27 73 $8.31 279070390 27 73 $46.76 279080060 27 73 $1201.46 279080690 27 73 $14.45 279090070 27 73 $14.45 279120360 27 73 $8.80 279120390 27 73 $22.58 279130300 27 73 $14.45 279130310 27 73 $14.45 279130380 27 73 $14.45 279140012 27 73 $583.80 279140122 27 73 $14.45 279150230 27 73 $14.45 279160090 27 73 $14.45 279180100 27 73 $14.45 279200120 - 27 73 $14.45 279290071 27 73 $14.45 279290091 27 73 $14.45 TOTAL CERTIFIED AMOUNT $6052.42 END OF XEQ FILE C 0 C\ Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Certification of Weed Cutting Costs Date: November 7, 1994 Information MSA 18.271 allows that costs incurred for removal of weeds be certified for collection with property taxes. Background Attached is Resolution No. 4116 certifying the cost of weed cutting to the 1995 Real Estate Taxes. Billing invoices and past due notices have been sent to the property owners and there has been no response. Action Requested Move to adopt Resolution No. 4116, A Resolution Certifying the Cost of Weed Cutting for Collection on the Tax Rolls Payable 1995. RESOLUTION NO. 4116 A RESOLUTION CERTIFYING THE COST OF WEED CUTTING FOR COLLECTION ON THE TAX ROLLS PAYABLE 1995 WHEREAS, the Noxious Weed Act requires the occupant or owner of land to destroy noxious weeds; and WHEREAS, MSA 18.271, subd. 3 provides for the eradication of any noxious weeds by local authorities when owners fail to cut down or destroy any noxious weeds in compliance with served notices; and WHEREAS, MSA 18.271, subd. 4 allows that the costs incurred for the removal of weeds which are not paid to the city within 30 days or before the following October 1, whichever is later, shall become a lien in favor of the city and a penalty of eight percent will be added to the amount due and certified to the county auditor for collection as a tax upon such land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following cost for the parcels listed is hereby certified to the Scott County Auditor for collection with the 1995 property taxes. 27-001283-0 $38.88 27-002053-0 162 .00 27-136025-0 38.88 Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 15th day of November, 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CONSENT iyci MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Accepting Public Improvements for Westridge Lake Estates First Addition DATE: November 10, 1993 INTRODUCTION: The attached resolution accepts the public improvements for the Westridge Lake Estates First Addition. BACKGROUND: The public improvements for Westridge Lake Estates First Addition have been completed and accepted by the engineering department. The one year maintenance bond is expected to be filed with the City on Monday. It is appropriate for City Council to formally accept the public improvements at this time. The financial guarantee provided by the developer to guarantee completion of the public improvements was a payment and escrow agreement. The payment and escrow agreement requires acceptance of the improvements by resolution of the city council. ALTERNATIVES: 1] Adopt Resolution No. 4123 2] Do not accept the public improvements 3] Table for additional information RECOMMENDED ACTION: Offer Resolution No. 4123 , A Resolution Accepting the Public Improvements for Westridge Lake Estates First Addition, and move its adoption. RESOLUTION NO. 4123 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR WESTRIDGE LAKE ESTATES FIRST ADDITION WHEREAS, on December 7, 1993, City Council adopted Resolution No. 3844 , approving the final plat of Westridge Lake Estates First Addition; and, WHEREAS, on February 2, 1994, the Developer of Westridge Lake Estates First Addition and the City of Shakopee entered into a Developer' s Agreement insuring the developer' s construction of required public improvements; and WHEREAS, on February 2, 1994, the Developer of Westridge Lake Estates First Addition, the City of Shakopee, and Central Bank, Shakopee, entered into an Escrow and Payment Agreement which provided for funds for the construction of the required public improvements; and WHEREAS, the Escrow and Payment Agreement requires that the City accept the completed improvements by resolution; and WHEREAS, the public improvements have been constructed by the Developer and inspected and approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the public improvements for Westridge Lake Estates First Addition are hereby accepted. 2 . That the City Clerk is hereby authorized and directed to release the said Escrow and Payment Agreement on file with the Scott County Recorder, upon receipt of a one year maintenance bond. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form , City Attorney J5 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff EngineerP4IJ SUBJECT: County Road 15 Pedestrian Crossing DATE: November 15, 1994 INTRODUCTION: Attached is correspondence from Scott County regarding the crosswalk on County Road 15. BACKGROUND: The letter from Scott County recommends replacing the flashing beacon with a pedestrian crossing sign. The County has indicated that some other form of traffic control would require a permit from Scott County. ACTION REQUESTED: Staff is seeking direction on this issue. DMN/pmp CROSSING SCOTT COUNTY BRADLEY J.LARSON Highway Engineer HIGHWAY DEPARTMENT DANIEL M.JOBE 600 COUNTRY TRAIL EAST Design Engineer JORDAN, MN 55352-9339 DON D.PAULSON (612) 496-8346 FAX (612) 496-8365 construction Engineer November 8, 1994 Co), OP Ok Mr. Dave Nummer ,t City of Shakopee e �S o r/�i 1994 129 South Holmes Street (0 pe Shakopee, MN 55379 Re: SP 70-615-06 CSAH 15 Pedestrian Crossing Dear Dave: Scott County acknowledges receipt of your letter dated October 14, 1994, requesting Scott County to perform a warrant study for the pedestrian crossing at 11th Avenue to determine the appropriate level of protection for pedestrians at this location. As you stated in your letter, the existing flashing yellow beacons and pedestrian crossing signing was installed by the City of Shakopee under a permit approved by Scott County in the 1970's. After reviewing the existing and proposed Average Daily Traffic Volumes (ADT's) on CSAH 15, and the Minnesota Manual on Uniform Traffic Control Devices, Scott County recommends that a Pedestrian Crossing sign be the appropriate traffic control device (the minimum pedestrian volume needed for a traffic signal is 100 or more for each of any four hours, or 190 or more during any one hour). The use of flashing beacons for this application has been studied and found to have little or no impact or influence on driver behavior. Enclosed for your information are two articles relating to these studies. If the City would want to pursue any other type of traffic control device (i.e. flashing beacon), it could apply to the County through the permit process for this type of installation. An Equal Opportunity/Affirmative Action Employer Mr. Dave Nummer Re: SP 70-615-06 November 8, 1994 Page 2 For your information, the Minnesota Department of Transportation and the City of St. Paul along with a number of agencies across the County, are experimenting with a pedestrian crossing sign using a "Strong Yellow" background. The current yellow warning sign background is replaced by a fluorescent yellow-green background which has more visual impact than the existing yellow. This is an experiment that is under the direction of the Federal Highway Administration (FHWA) and a decision by the FHWA on acceptance of this sign is expected in 1995. If you have any questions or would like any additional information, please contact this office. Sincerely, Daniel M. Jobe, P.E. Design Engineer DMJ/kmg .. • IIPedestrian Warning Flashers in an Urban Environment Do . They Help? BY JAMES W SPARKS AND MICHAEL J.CYNECKI Flashing beacons (commonly called were double the posted speed limit.Sub- authors concluded the flasher was of Rasher; or Hashing lights) are fre- standar speed reductions(by as much as negligible vacuo and did not do what it quently requested by citizens in the be- 9 mph)were observed only when cross- was intended to do. lief that their use will reduce vehicle ing guards or police were present. The Arizona Department of Trans- speeds and improve safety.Studies have Three case studies were conducted by portation(ADOT) has not found flash- concluded that flashing lights may serve Knoblauch and coworkers to evaluate ers useful for intermittent conditions a useful purpose when used to alert driv- the effectiveness of flashing warning bee- such as pedestrian crossing locations.In- ers unfamiliar with the area to condi- cons on motorist and pedestrian behav- formation published by ADt7T strongly dons that are not readily apparent or tor.' All three locations were near cautions against the unjustified use of that are unexpected. These situations schools.Two of the locations were in flashers,stating that in such cases,"they generally occur on high-speed rural Fairfax, Virginia. and involved unique simply cease to command respect of the • roads where there is a constant condition three-head pedestrian flashers that op- drivers."The report says that the use of • • (such as a sharp curve). There is cur- crated for three hours during school flashers is all too often an emotional re- • rently little evidence that flashing warn- days. One 1985 study found that a pe- sponse to symptoms of a lack of pedes- leg beacons are effective when used to destrian flasher near one school cross. trian safety education, not a traffic en warn of intermittent concerns, such as walk had no significant effect on vehicle gineering problem. the presence of pedestrians in an urban speeds.Another 1985 evaluation of a pe- A study conducted by Burritt and oth- environment. destrian flasher at a second school lova- ers evaluated flashers installed at two 15- A 1975 study conducted by Reiss on tion revealed a slight speed reduction mph school crossings in-Tucson;Ari- _ .-,..._.,.-,. gine o pee l mitsignswithilashess -..,(hy-.less.than.3.urph)-when-the flasher sdna,'_T•Tlittatnintlthat_spseda.and vi-._..___.�,... in school areas where a reduced speed was operating.However,there were also (dation rates significantly increased after limit was in effect when the flashers were slightly higher speeds(more than 2 mph flashing beacons were installed. The activated found that flashers did not higher) at a school crosswalk without study confirmed that it is futile and modify driver behavior or reduce speeds flashers about 1,500 feet downstream counterproductive to expect artificial to the level posted on the signs) The from the pedestrian flasher.The authors stimulants(such as flashers)to override most significant impact on driver speeds suggested that those few motorists who driver judgments as to safe and unsafe i. was the presence of school children. slowed down may have then sped up in behaviors. Another study of regulatory speed an attempt to compensate for lost time. The use of flashing warning beacons • . limit signs with flashing beacons was The third case study was conducted in at crosswalks is not recommended or ens t conducted by Zegeer in 48 school zones Hamilton'Ibwnship,New Jersey,and in- couraged in the Manual on Uniform 1 in Kentucky?Average speed reductions volved a pedestrian crosswalk sign Traffic Control Devices'; the Model Pe- were only 3.6 miles per hour(mph). (W11-2A) mounted with pedestrian-ac- destrian Safety Program',published as a Speed data gathered indicated that driv- tuated (push button) flashers at a mid- guide by the Federal Highway Adminis- ers selected a speed very close to the block school crosswalk.'Tivo studies tration(FHWA);the NCHRP Synthesis posted speed limit when flashers were were conducted at this location.The first Report, "Pedestrians and Traffic Can- not operating,but paid little attention to found no significant difference in speeds trot Measures"';or the Arizona School the legal speed limit when flashers were when flashing. A second study found Safety Program Guidelines." operating.In some cases when the flash- speeds were slightly higher when flashing - ers were operating, measured speeds and no pedestrians were present, The •s«attic,No 29. 32•ITE JOURNAL•JANUARY 1990 • ;.e1 • 0'd ZS0-1 .WONJ 592996176:01 6Z:9 l 176, Z0 fON ; Z .. 7 % • • PIiOenIX Flasher • ``Experiments a. � The City of Phoenix has tried several L • ""t , : different types of flashing beacons under various conditions.Itt the 1950s,most of - a= ,.-.,1_ - y the traffic signals in Phoenix flashed at '� ullh r night as warning devices during low-vol- '" 4`,a , ,�5 , ume traffic hours.This practice was dis- continued because it confused motorists a "T and resulted in higher accident rates. *„. i 1 Later,warning flashers were installed in t i"'' • median island noses in an effort to di.- • / i;': 0 ' t vide improved motorist guidance of ob- 4 3 stecles within the roadway.Most of these • / ,. 4 i • flashers have been removed from ser4: , . 0.,,, , - :: llitil • vice, and the remainder will eventually / — • be removed because of a demonstrated — lack of effectiveness and high mainte- .. nance requirements.On the other hand, - pi r flashing beacons are used extensively and with great success on construction barricades where there are lane reduc- *, . , tions, detours, or other unexpected . changes in traffic conditions because of r construction. .1 The City of Phoenix has also experi- :L merited with advance flashing warning beacons In conjunction with four pedes- r , vt trian crossing locations (all on major ,.4 t '- ,»� '•• streets) near schools; two are in con- . T• Aiwa junction with traffic signals. Each appli- ` - „P- ' cation used a different design to search ' �,, ;:r , ,t, � t""'"�`• for some manner to make effective use x of flashers(see Figure 1). o Figure 1.Phoenix flasher experiments(clockwise from top left):overhead flag at Arcadia High School FlasherArcadia High Scheel;advance signal flasher at Cortex High School;advance flasher The first use of pedestrians flashers in at Cartwright Elementary School; and push-button flasher on Central Avenue at kyr near Sunnystope High School. ' Phoenix was part of an effort to reduce I speeds and increase driver awareness of --__...____ ... 11tIWr L AT00 RSR _ ,,i*dengtOVnearlAimadi9-flier-Ss:hbot:~ - 0olAtOmilipoo mudY�M1s75-------- The flashers were installed at 4700 East 95th percentile .• AVer Indian School Road, a six-lane, high- Speed(mph) speed(mph) Unlit volume major street. This experiment Condition (mph) Eastbound Westbound Eastbound Westbound involved flasher operation during school - • hours(6:00 A.M.to 3:45 e.nt.)Overhead Before Rashes 40 98 39 34 34 flashers were installed with supplemen- Atter Flesners 35 42 41 37 37 tal"SCHOOL”warning signs.Simulta- D1flGrertee ..g +4 +2 is +3 neous with flasher installation,the speed ' limit was reduced from 40 mph to 35 mph.Before-and-after radar speed stud- ies collected in 1975 indicated that the flashers and lower speed limit did not data were gathered near 44th Place and than the roadway section without flash- result in lower vehicle speeds(Uhl* 1). Indian School Road.which Is outside the era. In fact,both the average speed and the flasher influence area. and were corn- It was hoped that these flashers (in- 85th percentile speeds increased slightly pared with speeds at 470() East Indian stalled on April 4. 1975)would not only after flasher installation. School Road,directly at the flasher(Th- affect speeds. but they would also in- In early 1989,another study was con- ble 2). Flasher presence did not reduce crease driver awareness of pedestrians. ducted to measure any possible long- speeds.despite the flasher roadway see- A review of accidents at the affected terse impact of the flashers.Radar speed tion having a posted speed 5 mph tower nearby traffic signal,48th Street and In- • ITE JOURNAL•JANUARY 1990-33 £0'd i;S0-1 ;WOeid S9£896b6:O1 132:9T b6. Z0 noN • • I' dian School Road. showed no increase able 2.Makin School Road Speed Study(19119)-4700 fast vs.446411 1a in overall safety and no benefit to pedes- 88th Percentle Average trians or bicyclists,as shown in Table 3. Speed Speed Irapa) $Dem(mph) Limit Cotr#eab Sclhooii Condition (mph) Eastbound westbound Eastbound Westbound 44th Place 40 44 44 36 37 The second experiment with pedestrian pro Fps) flashers was conducted at Cortez High 4700 coat 3b 44 School,.3300 West Dunlap,in 1976.The ' 38 37 school is on the south side of a six-lane (Ramon) major street and had a split campus with Diffetbnce . --A +4 +2 +2 0 Cortez Park on the north Side of the street,which generated considerable pe- • (lesbian crossings. A traffic signal was recommended for the school driveway —e"cadent'at 41111StandWildatttsheot"'IOW • However,the school staff was concerned Before Flashers Altar Flashers that because no local street existed, (1472 Rau 4244.74) (1+76 thto 12431.78) drivers may not perceive the signal as a Totgi No.of Accidents 38 40 logical stopping point.This concern was Na ei accldenh involving due to previous experience with a simila midblock school traffic signal. 0 3 Flashers were therefore added to ad- Traffic volumes 27,100 ADT 29,000 ADT Vance warning signs(about 250 feet up- ADT a Average Oahu nano. stream)in Conjunction with the new traf- fic signal. The flashers are actuated by pedestrians at the signal. A study was performed to determine if the flashers Table 4.fieri on of Run-Red VIalat%ns at Caries and cswphien tteiroet 8tpnats were successful in reducing run-red Vico- vehicles Entednp Crosswalk lations.Table 4 summarizes the number wed 7:30 x;30 P.ai.(%) of illegal(run-red) maneuvers at the UM Taal No. Total No. Cortes School signal and a similar mid- Localart (mph) Pedestrians vehicles On Green On Amber On Red block school signal, without flashers,at Collez Scheel 40 720 41.764 11,534(911.12) 490(4,62) 30(026) Creighton School at 2800 East Mc- (Flasher) Dowell. Specific findings were as fol- Creighton School 35 940 14,643 14,327(98.41) 185(1.32) 41(0.27) lows: (No eosher) • The numbers of illegal vehicle move- ments (running the red light) were nearly identical at the two locations, hick movements at similar midblock tmnall 0.26 percent at Cortez High School Pe- K speed limits were reduced from compared with 0.27 percent at Creigh- desitaan signal without flashers. 45 mph to 40 mph and the flashers-were _ tan School. _ co-mounted with oversized, advance %_T.6 mScho tic of the vehictcs penetrated - � — --`rs ��'`— o i:o and 35 mph ad- the crosswalk during the amber dear- 59th third experiment was conducted at visory speed signs. arae at Cortez High School,compared 59th Avenue and Thomas Road, a sig- A before-and-after evaluation con- witle 1.3 percent at the Creighton nalized intersection of two 6-lane major ducted in 1979 found no significant dif- withwalk. This increase was not ata- streets.Cartwright Elementary School is ference in speeds,with speeds of drivers crosswalk. significant at the 90 percent located on the southeast corner.Because on the southbound approach.which had confidence level.However,it appeared of citizen concern about the high traffic a flasher, being slightly higher after the that drivers were using the advance volumes at this intersection,the school installation of flashers, and speeds of Hashers(which start flashing four sea district assigned two crossing guards to drivers on two other approaches showing ands prior to the amber tight)to more the signal. Experimental flashers were a alight decrease. The largest decrease accurately gauge the beginning of the installed for the southbound and west- in 85th percentile speeds occurred on an red interval. Thus, this innidoutal in- bound approaches prior to the 1979-. approach without flashers,as shown in formation may have induced motorists 1980 school year, Flashers were not ire. Table 5. to speed up to clear the signal prior to stalled on the northbound and east- In an attempt to test any possible long- the red interval. bound approaches so as to enable an term Impacts of flashers, comparative evaluation of flasher effectiveness. The speed studies were conducted in P'ebru- In summary,flashers were ineffective in flashers were timed to operate during the cry 1989. Results similar to the 1979 reducing run-red violations when vehicle school year and only during school cross- study were found.(See Table 6.) movements at a midblock pedestrian sig- ing times(7:30-8:45 A.m.. 10:15 A.M.- There was no appreciable difference nal with flashers were compared with ve- 1:15 P.M., and 1:45-3:15 P.M.). Addi- in speeds on the four intersection ap- 34•TTN JOURNAL•JANUARY 1990 v. Mil'd ZS0-1 :W02Jd S92896175:01 S£:9T V6, Z0 (ION ' • • • • t •; • Table a.PM Awe.and Thomas Speed Studios Mere and Met flashers Installed on mph)during flasher actuation.However. Sotdllbound and Wealbound Alsisioactins(1979) driver speeds were still slightly above the 85th percentile Sped Img) - Average Speed(mptt) 35-mph posted speed limit and well Before Atter Before Atter above the 30-mph advisory spool posted Approach Flasher Fleisher Flasher Difference Flasher Flasher l�itierenee at the flasher(Table 7).National studies NorthboundNo 40 36 d have repeatedly found chat drivers have 33 fogbound No 38 38 0 32 a natural tendency to reduce speeds SouthbounYes° 36 38 +2 32 32 0 when pedestrians are present. Since pe- WI9s11�ound Y ° 43 —1 _2 destrian-actuated flashers only operate °as mph advisory anew sign on the names approaches when pedestrians are present,even the minimal 2-3 mph speed reduction may not be attributable to the flasher. The __Table i.691hAire.and Thomas Comparative Speed Studies(1989) mere presence of pedestrians may have nth caused the lower speeds. • Posted Percentile Ave Long-term speed studies were con Approach Flasher Speed(mph) Speed(mph) Sneed(rph) ducted in February 1989. Findings vii- _ Northbound No cated no flasher effectiveness, with vii- : N rthboun No 40 44 40 tually identical vehicle speeds when the 40, 40 33 flasher is operating compared with the Southottnd Yes 400 41 non-flashing condition (less than a l- 38 mph difference). Furthermore, the mi. °35-mah advisor,speed sign on the flasher approaches. nor impact found after the first four months had virtually eroded, with 1lolbte andspeeds during flashingoperation intaeas- 7bwtNtth►Rashes Speed Data:86th Percentile Speeds ing to become identical to the before Mer Rasher Installed* condition. Observations of pedestrians Flasher Rasher Fleisher Not at the crosswalk indicated that only one- Speed Before Redilated Acryv�d ,�ated third of the pedestrians crossing Central • Approach limit° Flashers (4 Months) (14 Months) (44 Months) bothered to push the flasher button.The 39/35 36/32 39/33 X36 high number of pedestrians unwilling to ' Northbound 3P push the button reflects poorly on the Southbound 35e 39/34 37/32 39/34 40/39 flashers'value. Closure of the school emfac porker(m -ph) _ gate to Tbwnley was.however,highly ef- sontphspeed Heated on=roach to croscecdc. festive in diverting large numbers of pe- 0peed l�percentile speed or d11WK(mph) ,.,_ destrians to cross at the Dunlap signal. Conclusion proachee even though two had flashing served as one of two access points to the In summary,national literature and local warning beacons and 35-mph advisory Sunnyslope High School parking lot.Pe- experience In Phoenix. Arizona."'show speed signs.The approach with the low- destrian-actuated push button fl_g _ yt.� g� -bene&-foor-inter -- - •35t3r'percehdte'sp�eaidicl"nat-2tave a were installed'on October 9, 1987. The rnittent pedestrian crossings in an urban flasher or the lower advisory speed sign. pedestrian-actuated flashers were environment.In-addition.the longer the There were no pedestrian accidents at mounted with oversized,advance pedes- flasher operates. the more it becomes that signal during the moat recent study trian warning signs and a 30-mph advi- part of the scenery and eventually loses period (1986 through 1988). There was sory speed sign.When activated.the ad- any effectiveness.Flashing beacons may one pedestrian accident involving a stu- vane beacons flash for 25 seconds be ineffective in an urban environment r`' dent crossing mid-block between the sig- allowing sufficient time to cross Central. because intersections are encountered nal and the flasher on the east leg during There are also supplemental advance frequently by motorists and pedestrians; •;i flasher operation in September 1988. warning signs with advisory speed signs flashers therefore provide no additional Siylt �pe Schoolinstalled In the median island without information to motorists. Additionally, flashers• most major streets in Phoenix arc flat. This fourth experiment with flashers oc- Specialty warning signs advising pe- straight, and allow no parking,thus of- curred on Central Avenue,a median-di- destrians to"Use Caution When Enter- Tering consistent and predictable driving vided major street with two lanes in each ing the Street" were installed to coin- conditions.It is recognized that actuated direction. Central Avenue has a posted pensate for a possible "false sense of flashers may possibly be beneficial in a speed limit of 35 mph.lbwnley is a local security"the flashers may give to pedes- high-speed,rural environment with un- street that T-intersects with Central, crisps. Also,the school gate at Townley usual geometries,high pedestrian cross- The crosswalk on Central at Townley is was closed.Radar speed studies taken a ings.and unfamiliar drivers.These con- 1/8 mile south of a signalized major short time after flasher installation re- ditions.however,were not tested in this . street intersection (Dunlap), which vealed a slight speed reduction (2 to 3 study i • ITE JOURNAL•JANUARY 1990.35 i It Sia'd ZS0-1 •W02Id G92996176:01 TE:9T b6 Z0 ()ON • • The use of actuated flashers raises just to"do something"may be inappro- 8. Arizona Department of Transportation. concern about pedestrians expecting prime and inconsistent with good engi- school Safety Program Guidelines, Phoe- drivers to slow down when the flashers veering. nix,Aria.:ADO1.January 1983. are activated. As a result. pedestrians Evaluations in Phoenix have clearly 9, Arizona Department of Transportation. could relax their guard while crossing. suggested that the use of flashers in an Plashing Lights: Do They Kealy Slow resulting in a less safe condition.This is urban environment for intermittent con- Traffic? Phoenix. Aria.: ADOT. Trafficwhy the City of Phoenix insisted that the ditions does not add to traffic safety and Operations Division. 1979, g main access to Townley at Sunnyside should not be a recommended or en- - High School be closed prior to conduct- couragad practice. lag the flasher experiment and that spe- cialty signs directing pedestrians to use ,James W.Sparks is caution when entering the street be in- Rehyences ,::•_ deputy sneer trans- stalled. ‘ porratjpn director Another major concern with the use 1. Reiss,M.L.and H.D,Robertson.Driver in charge of the of flashing beacons for any jurisdiction is Perceptionn of School Traffic Control De- ;; •, . vices(Abridgement). TRR Report No. i_, TrafjSc •Operations uniformity.The MUTCD$highlights the 600• Washington. D.C.: Transportation 'J 1IIPA Division of the • need for uniformity and cautions about Research Board.1976. City of Phoenix the overuse of traffic control devices. 2. Zeyecr, C.V.,and li,C, Deen. "The EY Street Transportation Department. Overuse and inconsistent use of traffic fectiveneu of Regulatory School Flashers Sparks has been with the Phoenix Street control devices lead to noncompliance in Reducing Whicle Speeds"Proceedings Transportation Department since 1971 and a general lack of effectiveness.Even of the International Symposium on Traffic and was intimately involved ed in the four more important, overuse of traffic con- Castro/systems.Frankfort,Kis:Kentucky flasher experiments described in this pa- trol devices diminishes their effective- Department of Transportation,Bureau of per.He has more than 25}ears ofprofits- /less at locations where they are truly Highways,1979. F stand experience in traffic engineering warranted. Finally, a lack of uniformity 3. Knoh,and R.L., B.H. .liwInstill, S.A. and is one of the 32 delegates nationwide can expose a jurisdiction to liability, al- ofSEz,and M.T. lRettvc st any Asci don who develops traffic control standards lowingattorneys to"pointof Exposure-Based Pedestrian Accidentfor their fingers" Areas: Crosswalks, Sidewalks, Local the United States.He hart bachelor's tie- • et non-standard flasher locations or at Smears, amid Mafor medals. FHWA ge_ gree and a master's degree in civil engi- locations that are similar but not port No. RD-87.038. Washington,D.C.: veering from Oklahoma University and equipped with flashers. Federal Highway Administration.Center Is a graduate of the Yale Traffic Institute. All of the pedestrian flasher expert- for Applied Research, Inc„ September Sparks is a Fellow of the Institute. monis in Phoenix were conducted in re- 1988. sponse to an honest. emotional plea to4. Bttrritt,B.E., R.C. Buchanan, and E.T. "do something."Each of the pedestrian Kalivada. "School Zone Flashers--ba ThSlow flasher applications resulted in oppor- �R m[99900))::22Ttafftc'"1TL�J6urraa160 lly (January 19.3E Michael J. Gy�- ry tunities to conduct evaluations. which S. Federal Highway Administration.Manual necki is a traffic have had disappointing results.One case on Uniform 7i•aff c Control Devices for engineering super- in point was the use of flashers at 59th Sneers and Highways.Washington,D.C.: _ visor in the Phoe- Avenue and Thomas. which were in- U.S. Department of Transportation. • stalled in responsep y nix Traffic Opera: to an emotional plea FHWA,1978. tions Division of from auup of parents.Iroaicall}� r afte6• Knobtauch,R.[„�and It_ ,4 igi ii9adrL_. ^ .._ . , _. rhe Civ of f'hae• --—-- "the flashLroers were installed and during reaeitagn SafgeY Program, liter's Gari da. nix Street Tansportation Department. flashing operation, the primary spokes- w!ashingtot. D.C.: Federal Highway He has a bacheior's and a'naszer's degree Re- person for the group wanting flashers ministration.., 957 for Applied in civil engineering from Wayne State was involved in a rear-end collision, rch.Inc., 7. zero,C.V.Pedestrians and 1Paflfc Con- University. He has been with the City of struck by a motorist who did not be fro!Measures.National Coo Phoenix since 1985 and has more than the flasher This can lead to the pond prN way Research Program Repoortt Na,, n13o,9. nine years of professional traffic engi- ifs f sion that"more"is not always"better", Washington,D,C.:Transportation Re- neering experience.Cynecki is a Member and that installing a traffic control device search Board,Note,srbcr 1988. of the Institute. • I 36•ITS JOURNAL•JANUARY 1990 913'd ZS0-1 :l../Odd 592896176:01 Zc :91 t'6, 30 (ION r i i 1 1. • School Zone Flashers-- 1 i Do " hey ReallySlowTrciffic? 1 i1 i 1 BY BENJAMIN E. BURRITT, RICHARD C. BUCHANAN,AND ERIC L KALIVc7DA . . crossing controls in ArizonaSchool are among the most restrictive in •the nation. At official Arizona school t,: > :, """ ,. �' crossings,a temporary speed limit of 15 I;i miles per hour(mph)is imposed on mo- ,:.� toritra by portable signs that are placed i r'Y.4>t,�K*'�y '` -. �I. : a" `;s` . in the roadway during approved school '�, r t hours (see Figure 1). The undisputed '71.7-"7" '.,.�,,. --�--. _. success of Arizona's school crossing pro- i the past 30 is "� attributai gram ble to the restrictive controls -.'.. �. 4 and their rigorous enforcement by police - a "J agencies throughout the state. ., a Flashing beacons, or flashers as they are commonly known.are not a part of ,r-- the official control plan for Arizona's - b.�;r �.� e �� school crossings. However,school juris- • -s-,.,, ° dictlons often request that flashers be in- stalled to augment the already stringent Figaro I.A portable sign Indicating a temporary 15.mpit speed limit lit lite roadway controls,Over the years the Traffic En- asp of the school cussing program in Arizona. '-'-' nig da of i i Aiizona Dit ever,flashers had never before been in- after the installation of flashers.Speeds pertinent of transportation(ADM)has, stalled at school crossings on state high- were sampled at each school crosswalk aggressively fended off such requests to ways within Arizona—regardless of the during the last week of May 1987.These use flashers on state highway system political jurisdiction. samples were compared with similar size crossings.Their position is based on the The request led to a comprehensive samples collected during December fact that when flashers are installed in study by ADOT in January 1987,which 1986,before the flashers were installed. locations where they are not warranted, resulted in a recommendation that flash- Vehicular speeds were first sampled , they soon lose much,if not all.of their ars not be installed,' Despite the study during non-school hours,when the sten- effectiveness.More important,improper findings. the flashers were installed and dard Arizona school crossing traffic con- usage greatly reduces the effectiveness became operational in April 1987. Dur- trols were not in place. These samples of other flashers installed in areas where ing the one month remaining in the were collected tar comparison with be- there is a teal,demonstrated need. school year after the flashers were acti- fore period samples to determine The case history that follows began voted, ADOT undertook an evaluation whether base conditions,i.e.,operating with a request in 1986 for the installation to determine the flashers'effects on traf- speeds, had changed. The results are • of flashers at two existing school crossfie speeds. presented in Table 1. l ings on a state highway within the cit The data in ibble 1 clearly indicate limits of Thcson. Flashers have becom Evaluation standard installations at school ciossln The evaluation was based on the analysisthat operating sinceseeeds had not changed • on arterial streets within Tucson. How ofspeed samples nsignificantlyct hthat This pees collected before and fact established that no significant ( Ill JOURNAL.JANUARY 1990 .u. L0'el ZS0-1 j W� 2ld S92896176:Ol 22:9Z b6, Z0 f1l7Nry: i" N 4 4. r r 4 Tablet kgs:Deeds(mph)—Nen-wheel Hours _ changes in base condition had occurred. Before Installation Atter Inataaallon The only change in conditions was the . Speed Average Sample Average Sample Significant addition of flashing beacons, which are School Limit Speed She speed Size Difference Change.' operational only during school crossing Mary Lynn 46 40.10 226 40.75 228 +0.65 No periods_ Therefore. any significant change in traffic speeds during school Hollinger 35 33.60 238 33.71 220 +0.14 No periods could be directly attributable to Installation= Installation of Flashers. '95%Confide=Level.Student's tact the flashers.A two-tailed t-test was used - in the evaluation. The f-test was em- ployed because it is particularly well suited to large sample sizes where the m .2.Menge Speeds(mtsh)—.Schoch Boos data are approximately normally distrib- 4efore Indclionon After Installation uted. Speed Average Sample Average Sample Vehicular speeds were next sampled Difference �t during school hours, when the school School Unit Speed Size Speed She firaY wan 15 1613 207 2033 20g crossing traffic controls were in place. +4.20 Yee These Samples were collected for coin. Heaver 15 14.86 299 16.71 198 +1,85 yes parison with period samples taken prior Installation- Installation of Flashed. 15%Confidence Level.Students&test to the use of the flashers to determine -- - the effects of the flashers on traffic speeds.The results are presented in Tit- ble 2. Table 3.YIOkstlan Rales--Non-Sehae+i Hears The data show that a significant in- crease in operating speeds occurred after speed 9etore Aller Sgtmcant School Limit Installation(%) hutallanon(%) Changs.' the flashing beacons were added to the Ma Lylsi 13.3 15 8— No standard school crossing controls. Violation rates (the percentage of all Hollings/ 35 33.6 36.8 No vehicles traveling above 15 mph)for the Lraumtion w installation of Fleshes.'9545 Confidence Levet,Student's MCA. -- after period were computed and corn- pared with the before period violation rates. A comparison of the violation rates during the non-school hours is pre- Sable 4.111oluRan Rates—Sch of Howe "_ sented for both the before and after pe- speed Before After � t nods in�bla 3. School Limn installation 1%) Installation(%) Chan The data in Table 3 indicate that the Maiy Lynn 15 57 0 Its Yu violation rates in the before and after periods were quite similar. The rates Hollinger 15 39.1 36.0 yes changed less than 4 percent, and the: :. !nu ..m nnation ttenation of Flashers. *95%Confidence Levet,student's rhea, changes were not statistically significant at the 95 percent confidence level. Bp{jantin E.But- - Richard C. loch- Eric I. Kalivoda : 4111114 vitt is associate t ante is a trafficru. is an assistant traf: ���• ' vice-president and r pervisor for the fic engineer with .1 .. director of engi- Arizona Depart- the Arizona De- nearing in theii 1 meat of 7tanspor• partmenr of pans- •; Phoenix office of ration District of, portation. lie re- Daniel, Mann, floe in 214eson. He calved a B.S.C.E. Johnson and Mendenhall. Previously, is responsible far traffic studies and op- degree from Louisiana State University Burritt was the state traffic engineer for erations on all highways in the three and an M.S. degree in civil engineering the Arizona Department of T}ansporta- southeastern counties of Arizona. Bich- from the University of Arizona. Kalivoda tion. Burritt holds a B.S.C.E. degree apart has been associated with ADOT is an Associate Member of IDE. from the Univershhy of California at Davis traffic engineering for die last 23 years. and M_S.C.E.and M.B.A.degrees from Arizona State University. He is a Fellow ` of ITE. • • l • 30.ITE JOURNAL•JANUARY 1990 - —•- .4 80'd ZS0-1 •WOe1J S9£896b6:01 b£:9i t,6. E0 (1ON ii` A v • ,0 r • Violation rates during school hones for meson, Arizona. fail to reduce vehicle such a pronounced disregard for the the after period were also computed. A speeds and the number of violations of standard Arizona school crossing con- comparison between the before and after the 15-mph speed limit.On the contrary, trols certainly cannot be viewed as an violation rates is presented in' able 4. it is apparent that, when flashing ben- enhancement to pedes#rjan safety at The results of this analysis clearly cons are used,operating speeds and the schools. show that a statistically significant in- number of violations increase sigttifi- crease in the violation rate occurred candy. While the driver psychology be- Reference after the flashing beacons were installed, hind this documented phenomenon can i. Arizona Departmeur of Transportation, only be hypothesized, the study indi- 7Mffic Engineering Study—State Route 86 • Conclusion cafes that there is a 95 percent probabil- (Afo Way), Mary Lynn and Hollinger Front this analysis, it is concluded that ity that the changes are not due to ran- Schools. Phoenix,Aria.;Amp, 198'1. dashing beacons at school crossings in dom variation. Any device that causes MEMBERSHIP ADMISSIONS AND TRANSFERS This list represents membership adonis• William A.Range.Jr.,P.E.;Greeley,CO Raynald S.Ledovz,Iug.;Montreal.OC sions and transfers that occurred between Teary L.Hill,P.E.;Charlotte.NC Canada October 1 and October 31, 1989. James T Jaraab;Arlington Heights,IL Deniet J.Lotto.P.E.;Baton Rouge,LA Robert S.Kamm:Merritt Wand.FL Daniel W Mills;Portland.OR Transfers to Fellow L.Larson,PE.;Bradenton,FL Robert A,Morgan.RE.;Virginia Beach,VA Mark Niles;Minneapolis,MN The Institute of 7lansportatiprt Engineers ¢ IS to Associate Anand Paluri;Croton-on-Hudson.NY is proud to recognize the following m - Charles W.Abel;charism),NC B Burch,FL iorkowski. RE.; West Palm men- hers. who recently attained the distln- Nauman Ali;Halifax.NS Canada David A.Roseman;Long Beach,CA gnashed hiatus of Fellow in the Inatome. Martin A. Amundson; Hacienda Heights, Rederick L.Roush;Tempe.AZ CA Ronald H.Dunn,RE.;Fairfax.VA Hijan Beheadi;Jacksonville,FL Ronald L.Schikevatz, P. Virginia Bestir, Haney Friedson,RE.;ape,AZ Cheryl A.C.Bennett;St.Michael.Barbados VA Peyton N.Joyner,RE.;Raleigh,NC Kuang-Rsun Chen;Arcadia.CA Sepidehffrey edSchoenberger;di; baac ,CA Air.MD James W Lee,RE.;Winter Park.FL Gary A.Davis;Minneapolis, Rich rd A.Simmering; e trance, pa Robert M.Lee,P.E.;Concord,NH MD Prank A. S loo k.RE.;. Roust nFL , Manuel Meteor-de-Vicente,RE.; Michael A.Feeney;Baltimore, Fronk Sil000k. Houston.TX Madrid,uelM Spain Kenneth L.Frink;Tampa,FL Gregory R.Swift,RE.;Westwood,NJ • Ravi Gaduaju;Washington,DC Joan D. Rmus;Austin.TX Rob Gibbard;Edmonton,AR Canada Outing B.mien:Santa Ann.CA Transfers to Member Eric D.Hildebrand.P.Eag.;Montville,NJ Doyle C.'Mike ikcy,RE.•Evanston.IL Ernest G.Athanailos;Long Island City,NY Noordian Moeloek;Jakarta.Indonesia Alfred A.Titus-Graver;Baltimore.MD Thomas R.Higgs,Jr.,1?E.;Wirster Park.FL Geoffrey K.Nowa;Ottawa,ON Canada Andrea M.Troutman;Boca Raton.FL. Mohammad A.Hameed,P.E Gloucester, Moshe ba Ovd S. ureshit;ON Canada Clifford D.Wriggleswnrrh;Buffalo,NY ON Canada " Muhammad S.Qureshi:Alexandria,VA Gary N.Hansen: Stockton.CA C.Leon Vicars,RE.;'mason.AZ 14es .;CZiiictigb;I}r""' "" ' .'Christine..Wagstatfin-Warerleer�--•-- 'tel-Ata d---- '___—,. Walter P.Kilareski.PE.;State College.PA Joseph Esme' Evanatao,II, Jeremy S.Graham; Iitmpa.FLO Yat-Sin T.Kwok;Hang Kong Neal K.Liddicoat,RE.;Pasadena,CA New Associate Santo:V.Marino.Jr.,P.Eag.;Venturi.CA Bryan?earl.P.E.;Creve Comm MO Sean B.Abram;Landon,ON Canada Are Yoe Ready to Move Up? Dennis G.Ptrrkinson;San Antonio,TX Jeanne M.Acutanza,P.E.;Washington.DC .J Lazaro Rivera:Daytona Beach,FLJavier R Alonzo;Alhambra.CA If you have been an Institute Affiliate or Andrzej B.'Ibmeoki,RE.;Pretoria. Masoud Atoll;Santa Monica.CA Member of the Institute for South Africa Greg W Boehmer;Boston,MA three years or more,or if you have been Norris T.Zucchet.DEng.;ibrornta,ON James R.Borrebach.P.E.;Milford,MA a Member of the Institute for five years Buerger.RE.:Baton Rouge,LA or more, you may be eligible for Canada Gene J. • Nancy L.Boyer,Indianapolis.IN higher grade of membership. All you Now Monthets • Michael S.Bruit;Raleigh,NC need to apply for transfer are a current Bill B.D. But,RE.:Surrey Hills,VIC resume,five references (preferably WE Vinemit M.Chan,P.E.;Shatin,N.T. • Australia members), and the appropriate appli- Hong Kong Timothy C.Connor:Baltimore,MD • cation form. Gordon M. Chancey, RE.; Virginia Beach, Dawn Crocker;Oakland.CA For an application forth and further WI Clifford E.D'Angelo•Gulfport,MS information,contact Christine S.Trax- RusseJl L.Clairmont.P.E.;Jacksonville,FL Mark Gray,P.E.;Oorham.ME James D.Crutcher,RE.;Lexington,KY Richard L.Herrera:Oxnard,CA 525ell, School Membership Coordinator.at ash- John N.Dowden:San Francisco,CA Saler K.Hussain;Arbil.Ira ing School St., S272at,Suite 410,tele hone: Gregory P.Dreyer;Orland Park.IL Zainal Kamarnibeharin;West Hawn,CT DC 50; 20 USA/86 -5486). e: Thomas A.Hall:Hollywood,FL Jeffery T.Knight,RE.;Hazlehurst,MS 202l55d-8050;FAX:a02/$fi3-$4$6}. I IfE JOURNAL.JANUARY 1990.31 . , -sx . r 613'd ZSB-1 :W0e1J S92896b6:01 S2:9J b6, Z0 nom ) > 1.1.111 a) llhI . . < •.0..„d0pO .... y. w ? 2 ( 1 ma' O^ O �.. y oCA . 00•odd.••oo c, 9 ,°., 000y1Ht: o- 00. p $ o tC _ -5 a A250 , O� �x0'�5 ° No � yow r. �AN06 otriao osImmo w ... ,.O 'h0 � .. s }g• ,Fat, . NN o CNw 0• .1 ...0 y:m C, C O yN r• .1_ paao. < ypfl` sii D �:_ . 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I_, ,,. ..,'*4 ...,„14` V 'a., ..; 1111 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: November 10, 1994 1 . Attached are the October 3 , 1994 minutes of the Shakopee Public Utilities Commission meeting. 2 . Attached is the Building Activity Report for October. 3 . Attached is a memorandum from the Assistant City Planner regarding the CUP for MCA Condominium Association. 4 . Attached is correspondence from Rahr Malting Co. regarding a request that the City amend their comprehensive plan to include a provision for the existence of private waste water treatment facilities . 5 . Attached is a memorandum from the City Attorney regarding School Land Purchase. 6 . Attached are the November 1, 1994 minutes of the Shakopee Coalition meeting. 7 . Attached is correspondence to Randy Lane & Sons from the City Attorney regarding work on the bath house. 8 . Attached is the Police Newsletter for Council review. 9 . Attached is a memorandum from the Staff Engineer regarding Pavement Management System. 10 . Attached is correspondence from the City Attorney to Mr. John Heald, Savage City Planner regarding the City of Savage Alternative Urban Areawide Review. 11 . Attached is a memorandum from the Planning Director regarding hours of mining in the HID - proposed zoning text amendment . 12 . Attached are the November 3 , 1994 minutes of the Planning Commission and Board of Adjustment and Appeals . 13 . Attached is the monthly progress report from the Planning Department . 14 . Attached is a memorandum from the Planning Director regarding Maras Street Automobile Dealers Approved CUP. 15 . Attached is a memorandum from the Senior Planning regarding Housing Definitions . #" l MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on October 3, 1994 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Cimmissioners Cook, O'Toole and Vierling. Also Liaison Sweeney, Administrative Assistant Joe Adams, Manager Van Hout and Secretary Menden. Motion O'Toole, seconded by Vierling to approve the minutes from the September 12, 1994 regular meeting with one amendement to Page 2 with a correct first name as kept . Motion carried. BILLS READ: City of Shakopee 33,000 . 00 ARA/CORY Refreshment Services, Inc . 241 . 50 Alden Pool and Municipal Supply Co. 44 . 60 American Water Works Association 133 . 90 Marvin Athmann 22 .51 R .W. Beck and Associates 4,016. 76 Bentz Construction, Inc. 2,155 .00 Berens Market 165. 38 Bill ' s Toggery 1 ,370 . 47 Border States Industries, Inc. 1 ,691 . 70 Business Essentials Inc. 420.07 City of Shakopee 1,236 . 77 Clay' s Printing Services, Inc. 730. 33 Communication Auditors 670. 98 Cooperative Power Co. 41,053 . 96 Coordinated Business Systems, LTD 230. 45 DCA, Inc. 150. 00 EJM Pipe Services, Inc. 5,525 .00 Feed-Rite Controls, Inc. 678. 68 FRESCO 30. 35 G Neil 33. 92 Glenwood Inglewood 15. 79 Gopher State One-Call, Inc. 621 . 39 Graybar Electric Co. , Inc. 14,040. 02 Hance Cable Testing and Locating, Inc. 652 .05 Hennen' s ICO 44.11 Instrumentation Services, Inc. 103 . 32 Jerry's Lawn Service 934.00 • KAR Products 248.92 Ken' s Fresh Meats 193. 06 Kimball-Midwest 144.16 Richard Knutson, Inc. 1,934. 13 Leef Bros. , Inc. 38. 69 Ray LeMieux 114. 55 Minnesota Municipal Utilities Association 200. 00 Metro Lawn Sprinklers 1,017 . 53 Minnesota Dept. of Health 4,924.00 Minnesota Dept . of Labor 30.00 Minnesota Valley Electric Coop. 39 355. 75 Minnesota Valley Electric Coop. 511 . 64 Minnesota Valley Testing Labs, Inc. 189. 00 Motor Parts Service Co. , Inc. 6. 62 Northern States Power Co. 547,434. 66 Northern States Power Co. 332. 32 Parkside Printing, Inc. 1,697.08 Petersen-Wisdorf, Inc. 21,271 . 52 Power Monitors, Inc. 1,208.00 Reynolds Welding Supply Co. 4. 62 Schilz Ornamental Iron 48.00 Schoell and Madson, Inc. 1,433 . 61 Shakopee Public Utilities 44. 60 Shakopee Public Utilities 185. 48 Solomon Corporation 4,151. 25 Southwest Suburban Publishing 161 . 92 Southwest Suburban Publishing 90. 20 Dean Struck 167 .04 Star Tribune 621 . 52 Starks Cleaning Services, Inc. 108. 63 T & R Service 17 .00 Transport White GMC, Inc. 420. 48 Truck Utilities Mfg Co. 6,669. 00 U.S. West Communications 391 . 31 Lou Van Hout 41 . 46 Waste Management Savage 147 . 94 Water Pro 211 . 54 Wild Iris 42. 60 Wesco 7,318. 26 Yarusso' s Hardware Co. 77 . 39 Motion by O'Toole, seconded by Vierling that the bills be allowed and ordered paid. Motion carried. President Cook adjourned the meeting to close session for legal opinions on the Lawsuit of the Marschalls vs EQB. President Cook reconvened the meeting with no action taken. Kevin Favaro was present for a substation site update. Mr. Favaro informed the Commission that he has talked with owners of the property being looked at as an alternate substation site and also with Mr. Tom Haugen who is developing a portion of the property. • Mr. Favaro has also been in contact with Northern States Power Co. with regard to locating a substation on the alternate site. Motion by O'Toole, seconded by Vierling that the Shakopee Public Utilities Commission direct the Manager to explore the purchase of a site as defined by Kevin Favaro with all interested parties involved and come back to the Commission with firm recommendations . Motion carried. Ken Adolf, Schoell and Madson was present to give the Commission the second draft of the feasibility study on the bypass crossing at County Road 17 and watermain to St. Francis Hospital site. This project will be done in conjunction with the St . Francis Medical water project . Dick Kopy, Engineer for St . Francis Medical Center and Richard Wick of Frauenshuh companies also were present to give the timetable for the conjunction of the projects. The proposed site for the well and booster station were given to the Commission. The intent is to get a watermain from the existing main on Vierling Drive South across the bypass to the Booster station site. Motion by Vierling, seconded by O'Toole to approve the feasibility report of the bypass crossing at County Road 17 which dealt with the water Utility improvements extension, the scope of the project and the cost estimates as provided. Motion carried. Motion by Vierling, seconded by O'Toole to start the design for the well and booster station. Motion carried. Motion by O'Toole, seconded by Cook that staff enter into negotiations with St . Francis Medical Center for the site of well and booster station . Motion carried. Councilman Sweeney gave the liaison report. He reported on the process being used to select a replacement Councilperson. Art Young gave the nitrate report on wells 4 & 5. Recommendations were also given for taking samples for future nitrate monitoring. These guidelines also follow State standards. The Commission recommended that staff contact the DNR and voice the concerns of the Commission and also get the list of 45 cities from the Department of Health whose test results were high in nitrates. Motion by Vierling, seconded by O'Toole to adopt the policy that has been laid out for testing nitrates dated Sept . 26, 1994 for all of the wells with the inclusion of a schedule that includes 8 Mg per liter and 9. 5 Mg per liter on a monthly testing. Motion carried. Manager Van Hout enclosed a copy of the letter written to the Department of Natural Resources regarding Shiely. A discussion followed on the concerns of the Shakopee Public Utilities on water both present and future. There will be a meeting in Savage on this issue on October 5, 1994. Motion by Vierling, seconded by O'Toole to authorize Manager Van Hout to show the support of the Shakopee Public Utilities at the meeting to be held on October 5, 1994. Motion carried. The communication from Manager Van Haut regarding the Downtown Electric Underground for the alley project was given to the Commission. There are two issues to be addressed. The degree of involvement by Shakopee Utility crews and the cost to the Commission. Motion by Vierling, seconded by O'Toole to approve the cost involvement by the Shakopee Public Utilities for the downtown undergrounding as $60, 500 . 00 pending approval by the City Council to do the same. Motion carried. The degree of involvement and the projects to be undertaken by the Shakopee Public Utilities Commission on conservation and load management were discussed. The Commission would like to get involved in lighting retrofit, tree conservation and residential energy audits. The load conservation program will continue with Canterbury Downs and St . Francis Hospital. Joe Adams has pursued with the County precedents on cost involvements regarding moving the line on County Road 15 for a sidewalk. A draft of the upcoming newsletter was given to the Commission by Joe Adams. The joint SPUC/City Council meeting is set for October 12, 1994 at 5:00 P.M. Motion by Vierling, seconded by O'Toole to offer Resolution #434 A Resolution Setting the Amount of the Trunk Water Charge Approving of its Collection and Authorizing Water Service to Certain Property Described as Valley Park Eleventh Addition. The rates for this Resolution are based on rates as of 3/1/94. Ayes: Commissioner O'Toole, Vierling and Cook. Nayes: none. Resolution passed. Motion carried. There were no new plats for September, 1994. There were 7 fire calls for a total man hours of 4 hours and 45 minutes. There were no lost time accidents for September, 1994. The next regular meeting of the Shakopee Public Utilities Commission will be held on November 7 , 1994 in the Utilities meeting room. Motion by Vierling, seconded by O'Toole to adjourn to the October 12, 1994 joint meeting. Motion carried. bG�ommission Secretar : Barbara Menden CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - OCTOBER 1994 October 1994 October 1993 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 9 129 11, 815,875 18 126 10,953, 545 Single Family-Septic 2 21 4, 154,036 3 26 3, 478,864 Multiple Dwellings 1 5 1, 511,704 - 14 2, 397, 322 (# Units) (YTD Units) (-) (20) - (-) (38) - Dwelling Additions 6 120 552 ,717 2 73 453,273 Other 9 23 1, 760,715 3 18 179,881 New Comm. Bldgs - 8 1,462,716 - 4 8, 978, 395 Comm. Bldg. Addns. - 2 250, 000 2 5 6, 759,750 New Industrial-Sewered - 3 5, 244, 000 - 2 6, 364, 940 Ind. Sewered Addns. 1 5 967, 000 - 2 17, 549, 300 New Industrial-Septic - 1 175, 000 - - - Ind. Septic Addns. - - - - - - Accessory/Garages 5 42 378, 585 7 38 523, 198 Signs & Fences 8 98 229, 122 8 82 146, 334 Fireplaces/Wood Stoves 3 14 22, 064 - 7 13,750 Grading/Foundation 3 17 920, 807 2 10 283,860 Moving 1 4 - 1 1 - Razing 1 4 11, 150 - 9 80, 313 Remodeling (Res. ) 6 43 327, 434 8 30 180, 012 Remodeling (Comm/Ind. ) 2 32 2,460,519 6 51 3, 361, 183 TOTAL 57 571 32, 243 ,794 60 498 61,703 , 920 No. YTD. No. YTD. Electrical 63 488 66 518 Plumbing & Heating 60 611 83 608 Total dwelling units in City after completion of all construction permitted to date 5, 176 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN OCTOBER, 1994 10879 Deutsch Const. 1405 Monarch Street House 95,699 L 1 B 1 Homestead Ridge 1st 10880 Keith Hayes 1711 Primrose Lane Remodel 5,200 10881 Lebens Masonry 910 East 8th Avenue Fireplace 1,200 10882 John Sexton Const. 1103 Shawmut Street House 84,698 L 1 B 2, Prairie Estates 2nd 10883 G. F. Juergens Const. 2114-2126 Vierling Drive E. Townhomes 318,200 L 1-4 B 9, Dalles Townhome 10884 Midwest Tank Services 3900 Highway 101 Tank Removal 1,000 10885 Greystone Construction 800 West 1st Avenue Canopy 47,000 10886 Dale Hendrickson 1294 Emerald Lane Fireplace 1,500 10887 DuAll Services 1478 Roundhouse Circle Fire Damage 40,000 10888 Melanie Zinnel 1221 Polk Street Deck 2,000 10889 Kevin Haugen 1240 Sapphire Lane Fence 326 10890 Pump & Meter Service 3253 E. 4th Avenue Tanks 12,000 10891 Kingsley Ellingson 329 Shawnee Trail Garage 4,608 10892 Gold Nugget Dev. Meadows West 1st Addn. Grading 102,687 10893 Mike Monnens 743 Cortland Circle House 180,000 L 3 B 9, Beckrich Park Estates 10894 Allan Maxa 706 Holmes Street Demo 350 10895 Ernst House Movers 1001 Adams Street Moving 10896 Graphic House Inc. 1100 East 4th Avenue Sign 1,700 10897 Greystone Construction 511 So. Marschall Road Footing 30,000 10898 Rodney Johnson 735 Spencer Street Fireplace 225 10899 John Bjorklund 1004 East 11th Avenue Porch 6,000 10900 Void 1 10901 Timothy Dressen 1058 Marschall Road Porch 3,000 10902 Paul Kruschek 1362 Sage Lane Remodel 8,667 10903 Robert Navarre 736 South Lewis Remodel 6,000 10904 Determan Welding 8000 Hwy 101 Tanks 14,000 10905 Kratochvil Const. 3303 East 4th Avenue Tank 48,000 10906 Attracta Sign 124 So. Holmes Street Sign 1,300 10907 Bret Woodson 1424 Primrose Lane Deck 2,380 10908 Mike Borgstrom 843 Dakota Street Garage Slab 2,300 10909 Keith Theis 235 West 6th Avenue Garage 10,752 10910 Thomas Case 1291 Sapphire Lane Deck 2,250 10911 Pump & Meter Service 3253 E. 4th Avenue Tank 2,800 10912 Jack Brambilla 550 Valley Park Drive Fence 7,000 10913 Terry Busse 1192 Polk Street Deck 980 10914 David Siwek 448 Hillwood Drive House 158,869 L 9 8 1, Hillwood Estates 10915 Klingelhutz Const. 655 East 5th Avenue House 98,009 L 4 B 1, Market Place 10916 Novak Fleck 1608 Thistle Lane House 75,879 L 10 B 1, Meadows 9th 10917 Determan Welding 8000 Hwy 101 Tanks 53,000 10918 Sienna Corporation Prairie Bend 1st Addn. Sign 250 10919 Attracta Sign 104 East 1st Avenue Sign 900 10920 Intermodal Trans. 4908 Valley Ind. Blvd. Modular Office 16,087 10921 G. F. Juergens 404 Hillwood Drive Garage 10,000 10922 Tom Hennes 201 So. Market Garage 13,300 10923 Ashland Chemical 4471 Valley Ind. Blvd. Storage Silos 157,000 10924 Novak Fleck 1703 Sage Lane House 83,919 L 14 B 2, Meadows 9th 10925 Novak Fleck 1663 Sage Lane House 89,953 L 16 B 2, Meadows 9th 10926 Vierling Partnership Homestead Ridge 2nd Grading 43,150 10927 Bernard Dalsin Co. 651 C. R. 83 Reroof 61,900 10928 Allan Maxa 706 Holmes Street Stairs 500 10929 Heritage Builders 1019 So. Madison Remodel 17,400 10930 Rich Logeais 1728 Thistle Lane House 73,447 L 9 B 2, Meadows 9th 10931 Rich Logeais 1714 Sage Lane House 73,447 L 8 B 4, Meadows 9th 10932 Keyland Homes 1595 Monarch Street House 124,116 L 9 B 2, Homestead Ridge 1st 10933 Gary Turtle 222 East 1st Avenue Remodel 15,000 10934 Signs`by:_Design 1080 Park Place Sign 5,000 10935 Stonebrooke Golf Club 2693 County Road 79 Restrooms/ 10,000 Bridges 10936 Graphic House 8000 Hwy 101 Signs 20,000 Total 2,244,948 3 NON-AGENDA INFORMATIONAL ITEM Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planne Re: Update regarding Conditional Use Permit for MCA Condominium Association: Ron's Auto Sales, Leeco Distribution, and Kar Kraft Meeting Date: November 15, 1994 Introduction and Discussion: At their meeting on November 3, 1994, the Shakopee Planning Commission approved a Conditional Use Permit for MCA Condominium Association, located on Maras Street. MCA Condominium Association consists of Leeco Distribution, owned by Mr. Marlow (Chris) Anderson; Kar Kraft, owned by Mr. Burdette Booth; and Ron's Auto Sales, owned by Mr. Ron Thiebaud. Mr. Anderson and Mr. Thiebaud were in danger of having their Dealer's License type changed to "Wholesale Only" by the Dealer's Unit of the State of Minnesota Department of Public Safety. To allow the type of retail uses proposed by the applicants, an amendment to the Zoning Ordinance was required. However, the City Council did not want to amend a small portion of the ordinance since it was in the process of amending the entire Zoning Ordinance at that time. On June 7, 1994, the text for the new Zoning Ordinance was adopted by the City Council, and the mapping process for the MCA Condominium Association site has recently been completed. Therefore, the applicants recently submitted a request for a Conditional Use Permit under the provisions of the new Zoning Ordinance. At their meeting on November 3, 1994, the Shakopee Planning Commission approved a Conditional Use Permit for MCA Condominium Association, subject to the following conditions: 1. The applicants shall perform the retail sales of used vehicles within the principal structure only. 2. The area devoted to the display and sale of the products shall be limited to no more than fifteen percent (15%) of the principal structure. 3. The approval of the Conditional Use Permit shall not result in any major exterior building modifications. 4. There shall be no outdoor storage or displays, and no accessory structures shall be constructed on the site. 5. The applicants shall submit a sign plan for review and approval by City staff. 6. If complaints are received, the City Administrator shall have the right to require a review of the permit by the Board of Adjustment and Appeals. A copy of the Resolution of Approval has been forwarded to each of the applicants, as well as to the Dealer's Unit of the State of Minnesota Department of Public Safety. (C ITYCOUN\CUPANDE R.115) RAHR MALTING CO. SINCE 1847 800 WEST FIRST AVENUE,SHAKOPEE,MINNESOTA 55379,PHONE 612/445-1431 October 31, 1994 Mr. Dennis R. Kraft City of Shakopee 129 East First Ave. Shakopee, MN 55379 Dear Mr. Kraft: Rahr Malting Co. is pursuing our application for a NPDS permit allowing direct discharge of treated process waste water to the Minnesota River. We will be filing this application with the MN Pollution Control Agency within the next few weeks. Our intention is to proceed with the design and construction of a waste water treatment plant. We have previously engineered a SBR system for waste water processing. This design was shared with the Planning Commission and a conditional use permit was granted by the Commission for Rahr to construct this facility ( Resolution # 627 dated 12/11/91 ) . We withdrew this permit due to the one year limit placed on conditional use permits. Rahr Malting Co. requests that the city of Shakopee amend their comprehensive plan to include a provision for the existence of private waste water treatment facilities. This amendment along with the NPDS permit are the first steps required for the construction of our water treatment facility. We will assist the city in any manner possible to expedite the amendment process. We anticipate having our NPDS permit within the next three to nine months. We request that the comprehensive plan amendment follow a similar time line. As always Rahr Malting Co. appreciates the cooperation We have received from the City of Shakopee. We feel our construction of a waste water treatment plant has long term benefits not only to Rahr Malting Co. but to the City of Shakopee and the environment. We would like the opportunity to share our thoughts on these issues. Sincerely/ Paul Kramer Assistant Plant Manager MINNEAPOLIS,MINNESOTA•SHAKOPEE,MINNESOTA MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: November 1, 1994 RE: School Land Purchase In early August the City Council authorized staff to take steps to purchase land for the school district. This land was a small parcel adjacent to a large parcel already owned by the school district and being held as a future school site. The purchase was closed on Monday, October 31, 1994 . On Tuesday, November 1, the City and the school district entered into a lease, giving the school district possession of the property. We also have given the school district an option to purchase the land. This is for your information. Signed 14F1 • AMWMFj Karen Marty, Cit ° - torney KEM:bjm [1MEM02] cc : Dennis Kraft OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION NOVEMBER 1, 1994 The meeting was called to order at 4:30 p.m. by Chairman Judson Kenyon. Members present: Brian Norris, Citizens State Bank Society; Claude Kolb, Shakopee Lions/Knights of Columbus; Patrick Ottman, SACS Schools; Barry Stock, City of Shakopee; Judson Kenyon, CAP; DeDee Ordemann, American Red Cross; Irene Sundboom, Front Steps and Bob Greely, Shakopee Community Education. SACS SCHOOL Pat reported that the Marathon fund raiser was recently completed and goal was reached of $35,000. Fence project is moving forward. Shakopee Lions gave $2, 000, still looking for donation of $3, 000. Fundraising Steak Fry is this Friday night at the KC Hall. Will be consolidating SACS with regards to Parishes. Three Parishes: St. Mark's, St. Mary's of Shakopee and St. Mary's of Marystown. AMERICAN RED CROSS DeDee reported that the Fire Safety Awareness project conducted in October was a success. Winter Storm Awareness Week is November 14-20. Bloodmobile is coming. November 22 - Shakopee County Employees, Courthouse; November 23 - Shakopee Senior High School; and November 28 (1-7pm) - St. Mary's School (Open to the Community) . KC/LIONS Claude reported that the Renaissance Festival is complete. Any donation requests should be directed to the Shakopee Lions Club, P.O. Box 254 , Shakopee, MN 55379. CITY OF SHAKOPEE Barry reported that the City Council position has been filled - Jon Brekke. Community Center plans are being completed for review by the City Council. Chamber of Commerce is looking to fill Executive Director position. Derby Days will have a parade this year. Downtown Phase II is done. Will be looking to put utilities underground in downtown. Looking to hire Public Works Director. SHAKOPEE COMMUNITY EDUCATION Bob reported that 600 people attended Turn Off the Violence at the High School. Shakopee High School will be presenting Guys and Dolls on November 18-20. CAP AGENCY Judson reported that the Holiday Project (toys and dinner baskets) is coming up. The food shelf is serving 390 families per month. Next meeting of the Shakopee Coalition is scheduled for December 6, 1994 in the Citizens State Bank Building Community Room at 4:30p.m. 5'11044 ham. Respectfully Submitted Brian Norris, Secretary r l SHAKOPEE November 1, 1994 Ms . Gayle M. Lane Randy Lane & Sons 1501 West Broadway Minneapolis, MN 55411 Dear Ms . Lane : Thank you for your letter of October 21, 1994 . I was interested to learn of your work on the bath house, and pleased to know that a woman-owned company had been involved in the project . I am disappointed to learn that a dispute exists between you and the general contractor. The City' s sole contract is with the general contractor, not with you. Therefore you will need to contact the general contractor, Restoration Specialists, to resolve your dispute. For your information I am enclosing a copy of an invoice which the City received from your company. It gives a "special discount" of $565 . 90, and states that the "Bal Due" was $3, 000 . Your letter implies that this $3 , 000 balance due was paid. Apparently someone with Randy Lane & Sons granted a discount of $565 . 90 . Since the invoice does not contain any language such as "paid under protest" or "disputed amount" , it appears that the discount was intentional . Best wishes in your business dealings . Sincerely, Karen Ma ty City Attorney / KEM:bjm [1MEMO2] Enclosure cc : Mayor Laurent Members of the City Council Dennis Kraft Barry Stock Judy Cox Restoration Specialists COMMUNITY PRIDE SINCE 1857 129 1olmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 FAX 612-445-6718 • • l • • • • • OT . MATERIAL s PRICE AMOUNT cu Cp'✓1 7/'a el rcY /`,PJIcil a do ilitat-iL.24ziezetor AerVie-Q- RANDY LANE & SONS PLUMBINGG'&NHEATING, INC. 1501 West Broadway may,.. rte, Minneapolis,MN 55411 -�{j '%' Phone 521-8835 it--- MSING-1 stavoca DATE 9---/:3 199 CO z•1 O Q / 1 -- _ - +►. ad 12494 • (.ei•"�,6 eineit) —56.5 7P CITY7l;l+ - /�.!✓ /✓-� PHONE Vi ,2 Y .Lfiiiil//f/....✓✓✓✓ JOS LOC 1 /h � t ���/ JOB PHONE OR. R TAKEN BY ✓ I STARTING DATE g DESCRIPTION OF WORK E` GG� fi'Dc' U . iorAr- /]f a MATERIAL -- -- — TOTAL 139.00 for 1st 1 hour. — I-ABOR 114.00 for each additional % hour. No Warranty on Repairs or TAX Sewer & Drain Cleaning! :oiled BIII Out Visa Mastercard Discover SIGNATURE DATE COMPI EYED `? d ank 6You PAY THIS AM NT ICC ' - ci MEMO TO; Dennis Kraft, City Administrator FROM: David M. Nummer, Staff Engineer VM/J SUBJECT: Pavement Management System DATE: November 10, 1994 NON-AGENDA INFORMATIONAL ITEM: We have received four proposals for our Pavement Management System. With the pending arrival of a new Public Works Director, staff is recommending that the review of the Request for Proposals (RFP) be delayed to allow input from the new Engineer. I have talked to several of the vendors and have been told that the price quotes in the RFP's will be valid for some time yet. Initially, staff wanted to proceed with this project so as not to lose the funds which were budgeted for the Pavement Management System in 1994. When the RFP's have been reviewed, staff will come back to Council for a budget amendment, or possibly request that the funds be transferred to the 1995 Budget, at this time, which has yet to be adopted DMN/pmp PAVEMENT -410 SHAKOPEE November 9, 1994 VIA FACSIMILE Mr. John H. Heald City Planner City of Savage 6000 McColl Drive Savage, MN 55378 Re : City of Savage Alternative Urban Areawide Review Dear Mr. Heald: I am writing you on behalf of both the City of Shakopee and the Shakopee Public Utilities Commission. We wish to request a 15- day extension of the time to submit written comments, as authorized by Minn. Rule 4410 . 3610, Subp. 5 .B. We have serious concerns about the impact of the AUAR on Shakopee and our water system. We would like additional time to determine whether both our water system and its recharging area are adequately protected from depletion or contamination. We will need the additional time to complete our review of these issues. In addition, we have a legal concern with the AUAR as drafted. It appears to be drafted under Minn. Rule 4410 . 3610, Alternative Urban Areawide Review Process. However, Subpart 1 of that Rule limits the AUAR to land within one city. It provides as follows : "A local unit of government may use the procedures of this part instead of the procedures of parts 4410 . 1100 to 4410 . 1700 and 4410 . 2100 to 4410 . 3000 to review anticipated residential and commercial development in a particular geographic area within its jurisdiction, if the local unit has adopted a comprehensive plan . . . " Figure 2 of the AUAR, on page 23, shows a Study Area that includes part of the City of Shakopee. This is not allowed under the Rule, and Shakopee is not agreeable to the inclusion of any portion of our City in the AUAR. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 Page 2 November 9, 1994 Mr. John H. Heald City Planner City of Savage We will submit additional written comments as soon as possible . Again I request the 15-day extension. Sincer-ly, • A/fes Karen M. ty City Attorn KEM:bjm [MEMO' cc : Shakopee Mayor Shakopee City Council Shakopee Public Utilities Commission Mr. Dennis Kraft Mr. Lou Van Hout Mr. Dave Nummer 4- 11 MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, Planning Director RE: Regarding Hours of Mining in the Heavy Industrial District Proposed Zoning Text Amendment DATE: November 10, 1994 NON AGENDA INFORMATION ITEM: At the November 3, 1994, meeting, the Planning Commission closed the public hearing on the proposed text amendment to change the hours of operation for mining in the Heavy Industrial District. The Planning Commission has recommended to the City Council that no action be taken on this proposed text amendment at this time. Earlier this year, the Shiely Company requested that a variance be granted to allow their mining operations to start at 6:00 A.M. rather than 7:00 A.M. The existing Zoning Ordinance limits all mining operations to be conducted within the hours of 7:00 A.M. to 7:00 P.M. At their meeting on June 4, 1994, the Board of Adjustment and Appeals denied the variance request. On July 12, 1994, the City Council reviewed the appeal of the Board's decision on this variance request. The City Council upheld the Board's decision but discussed the possibility of reconsidering the hours of operation for mining in the Heavy Industrial District. The City Council directed staff to take the appropriate steps to set a public hearing for an amendment which would consider the deletion of time restrictions for mining. Since that time, the Shiely Company has requested from the Department of Natural Resources (DNR) an amendment to their water appropriation permit which would allow increased dewatering at the quarry. The City Council expressed concerns over the proposed quarry dewatering increase and directed staff to request to the DNR that an Environmental Assessment Worksheet (EAW) be prepared for that proposal. Shiely Company staff is working on preparing materials for that EAW at this time. In discussing the proposed hours of operation amendment with representatives from the Shiely Company, it seemed more appropriate to them to delay the consideration on amending the hours of operation until the larger environmental issues are resolved. The Planning Commission closed the public hearing at their November meeting and recommended that the City Council not take any action on this request at this time. A public hearing can be rescheduled at a later date for the hours of operation amendment with a request by Shiely Company. No action on this proposed text amendment by the City Council is needed at this time. LSE/pmp MINING OFFICIAL;PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota November 3, 1994 MEMBERS PRESENT: Madigan, Mars, Link, Bladow, &DuBois MEMBERS ABSENT: Christensen(arrived late) & Joos (arrived late) STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Thurmer, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III.. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. IV. 7:30 PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A FOUR (4) FOOT VARIANCE FROM THE TWENTY (20) FOOT SIDE YARD SETBACK REQUIREMENT IN ORDER TO CONSTRUCT AN ADDITION ON THE PROPERTY LOCATED AT 1586 COUNTY ROAD 18. - ROGER GROSS - RESOLUTION NO. 702. Chrmn. Mars opened the public hearing regarding the above entitled matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that the applicant is requesting a 4 foot variance from the 20 foot side yard setback requirement in order to turn the existing attached garage into a family room, and to construct an addition onto the south side of the structure to serve as a garage. She also stated that the applicant is requesting approval to build the 34 foot by 22 foot addition 4 feet within the 20 foot side yard setback. The subject site is a large, rectangular lot. Other design alternatives exist for constructing the addition within the required setbacks. Based upon information submitted by the applicant, approximately 52 feet of yard space exists between the north wall of the house and the 20 foot side yard setback line. In addition, Minutes of the Page- 2 Shakopee Planning Commission November 3, 1994 there is approximately 69 feet of distance between the east side of the house and the 30 foot front yard setback requirement, and over 200 feet of distance between the west side of the house and the 40 foot rear yard setback requirement. The Assistant City Planner added that a variance may be granted only in the event that the criteria listed in the staff memo can be met. She said that staff is recommending denial of the application because the criteria for granting variances cannot be satisfied. Comm. Christensen took a chair at 7:35 p.m. Ms. Rochelle Blumberg, 151 West 84th Street, No. 6, Bloomington, daughter of the applicant, Roger Gross, approached the podium. She stated that her father would like to expand the living area and the only way feasible is to expand the small family room and build a new garage to the front and the side of the present location. The applicant does not see any other way this addition could be possible. She stated that when this house was built, it was zoned Suburban Residential and required a ten foot setback on the sides. She stated that on three sides of the property, there isn't anyone living within a half of a mile. She also stated that if the addition is added to the back on the structure, they would have to build around a bathroom and a fireplace and could lose the presentation of the house completely. Motion: Comm. Madigan/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Comm. Christensen asked for clarification of whether this house was built when the ten foot side yard setback requirement was in affect or after it was rezoned and a twenty foot variance was required. The Assistant City Planner clarified that the house was built prior to the twenty foot setback requirement, and prior to annexation into the City of Shakopee. She stated however, that currently there is 39 feet of yard space between the side of the house and the side yard property line. Even though the setback requirement was only ten feet, the house was built 39 feet from the property line. She also pointed out that there are six criteria that need to be met in order for the variance to be approved. Comm. Link reiterated that when the property was built, a ten foot setback was required. He also stated that because of some of the structural problems of putting the addition on, he is concerned about making somebody do remodeling because of the way the ordinance is written. They have to redesign their house. The Assistant City Planner reiterated that there are six criteria that need to be met in order for the variance to be approved. She added that staff feels that none of the criteria have been met with this proposal. Minutes of the Page- 3 Shakopee Planning Commission November 3, 1994 Motion: Comm. Madigan/Christensen offered Variance Resolution No. PC-702, a Resolution Approving a 4 foot Variance to Section 11.25, Subd. 5.B, Regarding the Required Side Yard Setback of 20 feet within the Rural Residential (R-1) Zone. Vote: Motion failed unanimously. V. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR THE APPEAL OF A DECISION BY THE CITY ADMINISTRATOR WITH REGARDS TO DANCE STUDIOS NOT BEING A PERMITTED USE IN THE LIGHT INDUSTRIAL (I-1) DISTRICT. - SHARI HEITZ. Chrmn. Mars opened the public hearing regarding the above entitled matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that the applicant filed an Application for an Appeal of the Decision of the City Administrator regarding Section 11.02, Item 26, the definition of "Commercial Recreation". She is proposing to construct a dance studio under the provisions of Section 11.32, Subd. 3.B, regarding Commercial Recreation as a Conditional Use in the I-1 Zone. They would like to construct a metal building with a building pad approximately 6,000 square feet in area. She added that staff is of the opinion that a more appropriate location for dance studios is within a commercial zone; specifically the Community Business (B-2) zone. The Community Business (B-2) zone lists "Physical culture and Dance Studios"as a permitted use. She stated that staff recommends upholding the interpretation of the City Administrator for the following reasons: 1. The approval of this appeal would permit dance studios to be located within all areas of the Light Industrial Zone as a Conditional Use. 2. Section 11.32 does not list dance studios as either a Permitted nor a conditional Use within the Light Industrial Zone. 3. Section 11.30, Subd. 2, Item F, regarding Permitted Uses within the Community Business (B-2) Zone, specifically lists "Physical culture and Dance Studios" as a permitted use. Shari Heitz, 2280 West 133rd Street, Shakopee, MN, approached the podium. She read her letter to the Planning Commission which was previously written to the members of the City Council. Her letter has been attached as Exhibit A. Minutes of the Page- 4 Shakopee Planning Commission November 3, 1994 Comm. DuBois asked what the minimum amount of space would be in order for the applicant to operate her business. The applicant responded she could get by with five thousand square feet of land. Comm. Bladow suggested that the applicant inquire about using the Shakopee Ballroom. The applicant stated that have researched that option, and they would not be able to put bars or mirrors in that facility. They would only be able to use the dance floor. She stated that this facility would not be an option for her. Comm.DuBois stated a concern about why day care facilities can be located in an industrial zone, but not a dance studio. The Senior Planner explained that day care facilities are usually located near places of employment for easy drop-offs and pick-ups, and that their location within all zones are mandated by the State of Minnesota. Comm. Joos took a chair at 8:10 p.m. Motion: Comm. Madigan/Christensen offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm.DuBois/Madigan offered appeal Resolution No. 695, a Resolution of the City of Shakopee, Minnesota, which states that the Board of Adjustment and Appeals Affirms the City Administrator's Interpretation of Section 11.32, Subd. 3.B, that Dance Studios are not Permitted as a Conditional Use within the Light Industrial (I-1) Zone. Comm. Christensen asked what the next step would be for the applicant if this was voted down. The Planning Director responded that if the Board were to interpret the City Code to allow a dance studio in the I-1 zone, the applicant would then need to come forward with a request for a Conditional Use Permit. He also stated that the applicant could: 1) Appeal the decision of the BOAA to the City Council; 2)apply for a text amendment to the Zoning Ordinance; or 3) apply for an Amendment to the Zoning Map to rezone the site to a Commercial Zone. Comm. Link asked what was involved in a text amendment. The Planning Director explained that there would be a public hearing before the Planning Commission, the text would be reviewed, and a recommendation would be made to the City Council. Comm. Joos stated that he felt we should wait until the new Zoning Ordinance is in affect and then possibly prepare a text amendment to address that issue. He stated that under the current zoning ordinance, it doesn't fit. Minutes of the Page - 5 Shakopee Planning Commission November 3, 1994 Vote: Motion failed five to two with Comm. Christensen, and DuBois voting in favor of the motion, and Comm. Joos, Bladow, Mars, Madigan and Link voting against the motion. VI. OTHER BUSINESS There was no other business to be discussed. VII. ADJOURNMENT The meeting adjourned at 8:28 p.m. (TE RRIE\P LANCOMM\MINPC BOA.113) EXHIBIT A Dear City Council Members, 0 I am writing to you for consideration of allowing me to construct a Dance Studio on a one acre lot zoned light industrial. I have taught dance in the city of Shakopee for 36 years. George Muenchow brought me into town in 1958 and I have rented numerous spaces, operated out of three different homes which I was grandfathered in and when moving I was granted conditional use permits. I am presently renting space at the Shakopee Town Square and I am unable to obtain a large enough space to house our studio. We now have 2278 square feet and propose to build approximately 6888 square feet. Due to the cost of commercial land we found it would be impossible for us to build and meet the requirements of the city. We have checked on retail locations within the city. To site a few, Eastman Drug, Roberts Drug, The Bowling Riley, all of which have ample space but interior post. We have checked with the motorcycle shop as well as Benjimans, neither of which is structur.ally suitable. We attempted to purchase the Ruction Barn on Cty 69 which he really didn't want to sell. We've inquired about purchasing commercial land. The prices range from $125,888 per acre to $258,888 per acre, which is entirely out of our reach. We need to be in a warehouse type space, and be allowed to build a metal building with a nice looking front. Our operating hours would be 8:88 a.m. to 18:88 p.m. Monday thru Saturday. The bulk of our teaching is between 4:00 p.m. and 8:80 p.m. daily. We teach students age three years and up dancing: We also have some adults and offer aerobics daiict. During the school year we offer day care while the parents take aerobics for one hour. We basically sell no retail. This is a school which teaches ballet techniques,lap techniques , jazz techniques and tumbling skills. Generally we have between ten and sixteen students in a class. We will run two dance floors at the same time but most students come in car paais so we probably would have a minimum of parents waiting the hour class for their children. They usually drop off and return at the end of the hour. We need to have big empty rooms with soft floors, mirrors and ballet barrs. Our intent is to build three dance floors in the 6888 sq ft and have a waiting area, dressing area, bathrooms, reception and office area. The third dance floor would probably only be used for privates or a practice room. Most thriving large studios are built in industrial areas due to the large empty rooms required and the limited hours needed to teach. We have located land in the PUD district next to the satelite dishes. Light industrial does not specifically define dance studio's, neither does B-1 or B-2. Light industrial more meets the needs of dance studio requirements due to the large area needed, the fact that we are not a retail business, but a service type business which offers healthy recreational opportunities to the community through dance.- It is a school that technically trains the students so they too can teach or perform in the arts. If daycare facilities are part of I-I then dance studio's certainly must also be considered okay in I-I. Below are listed studios that are now in warehouse space and zoned light industrial: o Jan's School of Dance,,Industrial Park, Hastings, Mn 437-1584 H, 438- 3898 W * Dance Arts Centre, 7965 Wallace Rd, Eden Prairie, Mn 934-8286 H, 937- 2618 W * Queen's Court Studio of Dance, 1995 W Cty Rd B2, Roseuille, Mn, 631 - 3684 H 636-8429 W. o Ta Da Productions, 1864 Birkshire Lane, Plymouth, Mn, 521 -6521 W o Virginia Luoma Studio of Dance, 13880 24th Rue No, Plymouth. o North Crest Gymastic and Dance Studio, 228 N Hwy 18, St. Cloud, Mn 251-3416 W o Gleason's Gymnastics School, 3960 Beau D'Rue Dr, Eagan, Mn 454-6283 • o Mini Hops Gymnastics, 14934 Minnetonka Industrial Rd, Minnetonka, Mn 933-2542 W o Mn Gymnastics Inc, 10360 W 70th St, Eden Prairie, Mn 942-8149 o North Shore Gymnastics Rsso, 2430 W Industrial Blvd, Long Lake, Mn 473-5514 W o Mn Twisters Gymnastics and Dance, 9855 W 74th St, Eden Prairie, Mn 948-8228 W These are just some of the studio's in industrial zoned area's. • To summarize: Dance studio's and Gymnastic Studio's need to be in warehouse areas due to the large space needed. Many, are ouer 18.880 square feet and others are like mine, 6888 square ft. Retail and commercial areas cannot prouide adequate space and it is not affordable in most cases. I really think a dance studio meets the requirements of light industrial zoning and I would greatly •appreciate your consideration on this matter. Thank you, //e/i,e) ' •--5/ Shari Heitz 445-9291 H 445-2330 W OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota November 3, 1994 MEMBERS PRESENT: Joos, Mars, DuBois, Link, Bladow, Madigan, & Christensen MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Thurmer, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8:42 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE OCTOBER 20, 1994 MEETING MINUTES The minutes of the October 20, 1994, meeting were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Item 7, Final Development Plan, and Item 13, Vacation, were removed from the Consent Agenda. The Consent Agenda was approved as amended. VI. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE MAP WHICH WOULD REZONE NEARLY THE ENTIRE CITY INTO COMPLIANCE WITH THE NEW ZONING ORDINANCE TEXT ADOPTED BY THE CITY COUNCIL ON JUNE 7, 1994. - CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director presented the proposed new zoning map to the Planning Commission. Minutes of the Page - 2 Shakopee Planning Commission November 3, 1994 The attached Exhibit A describes in detail the changes proposed by staff. There was a consensus by the Planning Commission to look at these issues and discuss them further at a later date. Mr. John Storlow, 1057 Aster Lane, Shakopee,MN, approached the podium. He stated that he would like to be notified when the public hearing will be held regarding the parcel of land at Marschall Road and Vierling Drive. Mr. John O'Loughlin, 2988 East Valley View Road, Shakopee, MN, approached the podium. He asked when all this process started. Chrmn. Joos explained that the Zoning Ordinance update has been going on for a long time, but they are just getting started at looking at the different zones. Mr. Jon Albinson, 2940 Valley Industrial Boulevard South, Shakopee, MN, approached the podium. He stated a concern with the mapping around the Dean Lake area as a Shoreland District. He requested that the Planning Commission discuss this matter at a later date and hold a public hearing regarding it. A consensus was made by the Planning Commission to look at this issue and discuss it at a later date. Motion: Comm. DuBois/Bladow offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Bladow/Christensen offered a motion to recommend approval to the City Council of the proposed Phase II Zoning Map as recommended by staff, with the exceptions of the areas discussed. Vote: Motion carried unanimously. VII. FINAL DEVELOPMENT PLAN: MINNESOTA VALLEY HEALTH CAMPUS PUD - ST. FRANCIS REGIONAL MEDICAL CENTER. Chrmn. Joos introduced this agenda item. The Assistant City Planner stated that the Planning Commission recommended approval of the Preliminary Development Plan to the City Council on October 20th. Due to the size and location of the project, a number of policy decisions were involved with the request. She added that the most important of these included sewer and water services, street circulation, and public easement patterns. She stated that the applicant is proposing to construct the facility in two phases. Ultimately, the facilities will include a regional hospital facility, a Minutes of the Page- 3 Shakopee Planning Commission November 3, 1994 long term care facility, a clinic, and two medical office buildings. She stated that staff is recommending the approval of the Final Development Plan, subject to the conditions discussed in the staff memo. She added that Mr. Richard Wicka was in the audience and would like to provide a brief presentation regarding the project. Mr. Richard Wicka, 1882 Dayton Avenue, St. Paul, MN, and Dennis Hanson, 2841 North Manor Road, Excelsior, MN, approached the podium. Mr. Wicka stated that at a previous meeting, Comm. DuBois had a couple of questions that the representatives were here to answer. She questioned that, if the proposed bypass did not occur for three to five years, how would they take care of the transportation issues? and where would the bulk of the traffic come from? Mr. Hanson indicated on a map where he thought the flow of traffic would be generated. He stated that a Traffic Impact Study indicated that 30% would be coming from the urban portion of Shakopee, 20% would be coming from the East, 20% would be coming from the West on the bypass, and 20%would be coming from the south and use County Road 17. He stated that currently County Road 17 carries about between 6000 and 6500 vehicles per day on a two lane road. The traffic study indicated that figure would jump to about 10,000 vehicles per day. He stated that 10,000 vehicles is not over capacity for a four lane road. Motion: Comm. Mars/Madigan offered a motion to recommend approval of the Final Development Plan to the City Council, subject to the following conditions: 1. The following variances are approved: A. (1) Section 11.28, Subd. 5.A, regarding Front Yard Setback of 50 Feet. The applicant is proposing a 50 foot variance to the 50 foot front yard setback requirement is approved for attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. B. (2) Section 11.28, Subd. 5.A, regarding Rear Yard Setback of 40 Feet. The applicant is proposing a 40 foot variance to the 40 foot rear yard setback requirement is approved for attaching (zero setback) the St. Francis Regional Medical Center to the Park Nicollet Medical Center. The applicant is proposing a 20 foot variance to the 40 foot rear yard setback requirement is approved for the lot for the Long Term Care facility to be located 25 feet from the rear lot line. C. (2) Section 11.28, Subd. 5.A, regarding the Side Yard Setback of 15 Feet. The applicant is proposing two 15 foot variances to the 15 foot side yard setback requirement are approved for attaching (zero setback)the St. Francis Regional Medical Center to the Park Nicollet Medical Center. D. (1) Section 4.30, Subd. 4, regarding Signage Allowed within the Multi- family Residential (R-4) Zone. A variance to this portion of the Sign Ordinance to allow compliance with the "Site Signage Plan", as proposed with the Final Development Plan for the Planned Unit Development. Minutes of the Page- 4 Shakopee Planning Commission November 3, 1994 2. The following requirements regarding right-of-way and street construction shall be required: A. The applicants shall submit a petition for public improvements for the north, south and east street projects. 3. The following requirements regarding landscaping and wetlands shall be required: A. The PUD shall comply with Section 11.60, Performance Standards, Subd. 8, of the Zoning Ordinance adopted by the City Council on June 7, 1994, for Landscaping Requirements, including: 1) Fifteen percent (15%) of the lot must be landscaped. It must be concentrated between the principal structure and any adjacent street right-of-way, or other areas which are visible from the street; 2) A minimum of five units of landscaping are required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square feet. An additional three units of landscaping hall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 square feet and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and up to 100,000 square feet. An additional one unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000 square feet. Using these requirements, the applicant would be required to plant a minimum of 252 units on the PUD site. 3) Landscaping materials must meet the following minimum size requirements. Each constitutes one unit of landscaping. Not more than 50 percent of the landscaping units shall be composed of shrubbery. a) Overstory Deciduous Trees 2 inch diameter b) Ornamental Trees 1-1/2 inch diameter c) Coniferous Trees 6 feet d) Shrubbery 5 gallons 4) If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit if it is left in good condition. One unit of mature existing landscaping may be credited as two unit of new landscaping. Each existing mature hardwood tree may be credited as three units. 5) All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting these requirements. The City shall require of a landscaping bond in an amount equal to 115% of the value to ensure compliance with this section during the first year after planting. Minutes of the Page - 5 Shakopee Planning Commission November 3, 1994 4. The following requirements regarding easements shall be required: A. Each property shall have its own water service, and sanitary and storm sewer services. B. All private utility easements that cross private property shall have a recorded easement. This easement document must be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a public drainage easement. 5. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Approval of the Preliminary Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. C. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: a. The Preliminary Grading and Drainage Plan; b. The Erosion Control Plan; c. The Stormwater Management Plan, including the stormwater calculations; and d. The Final Construction Plans for all public improvements. Vote: Motion carried unanimously. Motion: Comm. Christensen/DuBois offered a motion to recommend that the City Council recommend to the Scott County Highway Department that a traffic signal be placed on CR 17 near the entrance to the proposed health campus. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE VALLEYFAIR PUD, LOCATED NORTH OF TH 101 AND WEST OF VALLEY PARK DRIVE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director stated that the applicant would like to continue the public hearing regarding this request to the meeting following the adoption of the new Zoning Map. Motion: Comm. Mars/Madigan offered a motion to continue the public hearing to the next meeting of the Planning Commission following the adoption of the new Zoning Map, and move its approval. Minutes of the Page- 6 Shakopee Planning Commission November 3, 1994 Vote: Motion carried unanimously. IX. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES ON A PROPERTY IN THE LIGHT INDUSTRIAL(I-1)DISTRICT.LOCATED SOUTH OF 13TH AVENUE AND WEST OF MARAS STREET. - MCA INVESTMENTS. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that the applicants are requesting a Conditional Use Permit to perform auto body repair, and for the retail sales of used vehicles within the I-1 provisions of the new Zoning Ordinance. The applicants each operate a business on Maras Street. Mr. Anderson operates Leeco Distributing, Inc.; Mr. Thiebaud operates Ron's Auto Sales; and Mr. Booth operates Kar Kraft. She stated also that on June 7th, the text for the new Zoning Ordinance was adopted by the City Council. However, the mapping process is just beginning. She said that in order to expedite the process, the applicants submitted their request for a Conditional Use Permit. She stated that staff is recommending approval of the Conditional Use Permit, subject to the six conditions discussed in the staff memo. Motion: Comm. Christensen/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Madigan offered Conditional Use Permit Resolution No. PC-703, a Resolution Approving a Conditional Use Permit to MCA Condominium Association (Ron's Auto Sales; Leeco Distribution; and Kar Kraft)to perform motor vehicle repairs, and for the retail sales of used motor vehicles, within the light industrial (I-1) zone, subject to the following conditions: 1. The applicants shall perform the retail sales of used vehicles within the principal structure only. 2. The area devoted to the display and sale of the products shall be limited to no more than fifteen percent (15%) of the principal structure. 3. The approval of the Conditional Use Permit shall not result in any major exterior building modifications. 4. There shall be no outdoor storage or displays, and no accessory structures shall be constructed on the site. 5. The applicants shall submit a sign plan for review and approval by City staff Minutes of the Page- 7 Shakopee Planning Commission November 3, 1994 6. If complaints are received, the City Administrator shall have the right to require a review of the permit by the Board of Adjustment and Appeals. Vote: Motion carried unanimously. X. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 624 FOR MINERAL EXTRACTION AND LAND REHABILITATION UPON THE PROPERTY LOCATED ON THE NORTH SIDE OF VALLEY VIEW ROAD, MIDWAY BETWEEN CR 17 AND CR 83 - RAYMOND AMES - RESOLUTION NO. 624. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Assistant City Planner provided a brief summary regarding this matter. She stated that the approval of the original CUP allowed the mining of sand to be used for the construction of the Southerly Bypass. Due to delays in the letting of bids for the construction of the bypass, the applicant is requesting an amendment to allow for an extension of the dates for mining and rehabilitation. The applicant requested and received similar amendments in October of 1992, and in October of 1993. She stated that the applicant is requesting an amendment to the original permit that will reflect the schedule proposed in the staff memo. She stated that staff recommends approval of Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and the Conditional Use Permit, subject to the following amended conditions: 2. All mining operations shall be completed by October 30, 1997. Rehabilitation of the site shall be completed by October 30, 1998, or within one year of the closing of the mining operation, whichever is sooner. 4. The Planning Commission shall review the Mineral Extraction and Land Rehabilitation Permit and the Conditional Use Permit prior to the operation of the mine and at the end of each year of the mining operation (October 30, 1995, 1996, 1997, and 1998). If the applicant wishes to extend the mine beyond the three year time frame, both the Mineral Extraction and Land Rehabilitation Permit and the Conditional Use Permit must be renewed. Mr. James R. Hill, Jr., Engineering Consultant, Burnsville, MN, representative for Ames Gravel Mine, approached the podium. He stated he had nothing further to add. He was just available for questions. Ms. Jean Schultz, 2104 Valley View Road, Shakopee, MN, approached the podium. She stated a concern regarding the noise, dust, and traffic on her road. Minutes of the Page- 8 Shakopee Planning Commission November 3, 1994 Chrmn. Joos stated that these issues were addressed with the original Conditional Use Permit. Mr. Hill indicated that the noise will be below MPCA standards, dust will be minimal because of watering, and only one or two pieces of equipment will be stored on the site. He also stated that there will be no out buildings located on the site other than a satellite facility. Motion: Comm. Mars/Christensen offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. DuBois/Bladow offered a motion approving Amendment No. 3 to the Miner Extraction and Land Rehabilitation Permit and Conditional Use Permit Resolution No. PC-624, subject to the following amended conditions (Conditions 2 and 4 of the original permit): 2. All mining operations shall be completed by October 30, 1997. Rehabilitation of the site shall be completed by October 30, 1998, or within one year of the closing of the mining operation, whichever is sooner. 4. The Planning Commission shall review the Mineral Extraction and Land Rehabilitation Permit and the Conditional Use Permit prior to the operation of the mine and at the end of each year of the mining operation(October 30, 1995, 1996, 1997, and 1998). If the applicant wishes to extend the mine beyond the three year time frame, both the Mineral Extraction and Land Rehabilitation Permit and the Conditional Use Permit must be renewed. Vote: Motion carried unanimously. XI. PUBLIC HEARING CONTINUED: TO CONSIDER A TEXT AMENDMENT WHICH WOULD MODIFY THE HOURS OF OPERATION FOR MINING AS A CONDITIONAL USE IN THE HEAVY INDUSTRIAL (I-2) DISTRICT. - CITY OF SHAKOPEE. Chrmn. Joos opened the public hearing regarding the above entitled matter. The Planning Director stated that staff recommends that the Planning Commission close the public hearing, and recommend to the City Council that no action be taken on this proposed text amendment at this time. Motion: Comm. Mars/Christensen offered a motion to close the public hearing. Minutes of the Page- 9 Shakopee Planning Commission November 3, 1994 Vote: Motion carried unanimously. Motion: Comm. Mars/Christensen offered a motion recommending to the City Council that the hours of operation for mining not be considered at this time. Vote: Motion carried unanimously. Whereupon, a brief recess was taken. XII. DISCUSSION: SHAKOPEE COMPREHENSIVE PLAN (1994 UPDATE) RESIDENTIAL PHASING AND MUSA EXPANSIONS. Chrmn. Joos opened the floor for discussion regarding the above entitled matter. The Senior Planner provided a brief summary regarding this matter. He indicated on a map two logical areas for MUSA expansion. He stated that staff would like to show that Shakopee needs additional MUSA expansions. He stated that the two areas of MUSA would serve approximately 9000 people. He stated that staff chose the areas that would involve the least amount of public expenditures, and the least number of question marks. A brief discussion was held regarding this matter. There was a consensus by the Commission to develop a good relationship with Jackson Township, and to open up the lines of communication between the two communities. Comm. DuBois stated a difficulty in making a decision on something she hasn't really had a chance to study closely. There was a consensus by the Commission to go along with Staffs recommendations. XIII. VACATION: TO CONSIDER THE VACATION OF A PORTION OF THE ALLEY LOCATED ON BLOCK 31, ORIGINAL SHAKOPEE PLAT LOCATED IN THE BLOCK SURROUNDED BY 2ND AND 3RD AVENUES AND FULLER AND HOLMES STREETS. - STANS FOUNDATION. Chrmn. Joos introduced the above entitled matter. The Assistant City Planner provided a brief summary regarding this request. She stated that City Staff has received a petition from Marjorie Henderson, representing the Stans Foundation, to vacate the remainder of the alley located in Block 31, Shakopee Plat. The City Council will hold a public hearing on November 15, 1994, to consider this vacation request. However, a recommendation from the Planning Commission is needed for the vacation process. Minutes of the Page- 10 Shakopee Planning Commission November 3, 1994 She also stated that Lot 2 of Block 31 is owned by Erwin and Mildred Monnens. They currently have a detached garage that is accessed through the alley. The petitioners have requested that an access easement be created to provide the necessary access to this garage. However, in the past, the City has maintained the existing alley, along with the 22 foot wide access easement on the west side of the drive-through bank. Currently, the Monnens receive a level of service from the alley in terms of additional access and maintenance. If the alley were vacated, a method of assuring the ongoing maintenance of the access easement by the Stans Foundation or Scott County would be necessary. She stated that staff recommends approval of the vacation only if the City receives assurance that the Stans Foundation or Scott County will provide all necessary maintenance for the alley up to the Monnen's north property line. If this assurance cannot be proved, staff recommends against the vacation of the alley. She added that, if the Planning Commission chooses to recommend the vacation of the alley, staff recommends that the vacation be subject to the conditions stated in the staff report. Mr. Erwin Monnens, 129 West Third, Shakopee, MN, approached the podium. He stated that he does not want this alley closed. It would make it very difficult for him to get in and out of his garage. A brief discussion was had regarding this matter. Motion: Comm. Christensen/Madigan offered a motion to recommend to the City Council vacation of the 16 foot wide by 160 foot long portion of the remaining alley within Block 31, Shakopee Plat, subject to the following conditions, with the clarification of condition 2 to read as follows: 1. The City shall reserve the public drainage and utility easements for the entire area contained within the existing 16' wide by 160' long alley. 2. The petitioners shall record an access easement with the Scott County Recorder's Office that provides the necessary access to the private garage located on Lot 2, Block 31, (the Monnen's property), without undue hardship. This access easement shall be approved by the City Attorney prior to its recording. 3. Prior to the approval of the vacation by the City Council, a method for assuring that the ongoing maintenance of the access easement up to the Monnen's north property line must be provided to the City by the Stans Foundation or Scott County. 4. No work shall be performed within the vacated alley by the petitioner until the Downtown Alley Improvement Project is performed within this area, and the undergrounding of the utilities has been completed. Minutes of the Page - 11 Shakopee Planning Commission November 3, 1994 Vote: Motion carried five (5) to two (2), with Comm. Christensen, Madigan, Link, DuBois, &Joos voting in favor of the motion, and Comm. Mars and Bladow voting against the motion. XIV. REVIEW: MODEL STONE CUP. This item was previously approved under the Consent Agenda. XV. OTHER BUSINESS: There was no other business to discuss. XVI. ADJOURNMENT: The meeting adjourned at 12:00 midnight. - W EXHIBIT A MEMO TO: Shakopee Planning Commission • FROM: Lindberg S. Ekola, Planning Director RE: New Zoning Map - Phase II MEETING DATE: November 3, 1994 INTRODUCTION: On June 7, 1994,the Shakopee City Council adopted Ordinance No.377 which approved the new.:' zoning ordinance text. In order to make the provisions in the new zoning ordinance text effective,a new zoning map for the City is needed. The Planning Commission will consider the new zoning map at a public hearing at its November 3, 1994, meeting. • BACKGROUND: The new zoning ordinance text replaced the previous ordinance which was initially adopted;7n 1979. The old ordinance was seriously:out of date with current development trends. Copiesof the new zoning ordinance text were recently distributed to the Planning Commission as requested. The previous or old zoning ordinance had eleven underlying zoning districts. The new zoning ordinance has thirteen underlying zones. The following is a list of the districts from the old zoning ordinance and the zones in the new ordinance: OLD ZONING ORDINANCE. NEW ZONING ORDINANCE Ag Agricultural Ag Agricultural Preservation R-1 Rural Residential RR Rural Residential R-1A Low Density Residential R-2 Urban Residential R-1B Urban Residential R-1C Old Shakopee Residential R-3 Mid-Density Residential R-2 Medium Density Residential R-4 Multi-Family Residential R-3 Multiple Family Residential B-1 Highway Business B-1 Highway Business B-2 Community Business B-2 Office Business B-3 Central Business B-3 Central Business RTD Race Track MR Major Recreation I-1 Light Industrial I-1 Light Industrial I-2 Heavy Industrial I-2 Heavy Industrial 1 The old and new zones listed above are in an order which places comparable districts and zones on the same line. The abbreviation or prefix system for each district has changed primarily in the residential districts. For example, the old R-1 district is now labeledRR (Rural Residential) zone. The provisions in the RR zone were based on the old R-1 district regulations. The old R- 2,Urban Residential District,has been divided into three separate zones (R-1A,R-1B, and R-1C). A portion of the new zoning map for the City has already been adopted. Staff has referred to this as the Phase I portion of the City's new zoning map. The Phase I zoning for the existing Light and Heavy Industrial areas was adopted earlier to help meet the pressing needs of several projects in the industrial area. It should be noted that the two new industrial zones are similar in content as the two old zoning districts. No changes in zone locations occurred with the Phase 1 process. The Phase I zoning map was adopted by the City Council on August 16, 1'994 and has since become effective after its publication in the official newspaper. Attached with this memo are several items for the Planning Commission's consideration in the new zoning map: • EXHIBIT ITEM • Exhibit A District summaries from the old zoning ordinance (blue) Exhibit B Zone summaries from the new zoning ordinance (green) Exhibit C Existing zoning map Exhibit D Proposed zoning map Exhibit E 1980 Land Use Plan Exhibit F 1990 Land Use Plan Exhibit G Gilbertson Letter Amendments changing the boundaries of any zones on the zoning map or changing the regulations in the zoning ordinance text requires an affirmative vote of 4/5 of the City Council. Amendments to the zoning ordinance are to be based on several criteria. The criteria for map or text amendments are as follows: 1. That the original zoning ordinance is in error. 2. That significant changes in the Community goals and policies have taken place. 3. That significant changes in the City-wide or neighborhood development patterns have occurred. 4. That the Comprehensive Plan requires a different provision. 2 • DISCUSSION: • The new zoning map will translate the districts from the old zoning map into the appropriate new zones for all areas of the City (except the already completed Phase I areas). The following discussion will be broken down into those areas north of the bypass by land use as well as the areas south of the bypass. Areas North of the Bypass Industrial and Major Recreation: 1. I-1 North of CR 16, West of CR 17 The new zoning map is proposing to maintain the comparable I-1 zone for the parcels in this location which have an existing I-1 zoning designation. Some of the properties in this area include Shakopee Towing, the commercial self-storage facility, the forklift and auto repair businesses as well as several vacant parcels. 2. I-2 South of 3rd Avenue, West of Pierce Street There are two existing businesses along the south side of 3rd Avenue currently zoned I-2. The new zoning map would propose the same I-2 zone for both businesses. 3. I-i North of the Shakopee Bypass, East of Phase 1 Zoning The existing zoning is I-1 and the new zoning map also would propose the new I-1 zone. 4. Shakopee Bypass Right-of-Way Staff recommends that entire Bypass right-of-way be zoned Agricultural in order to provide the City an opportunity to reconsider the appropriate land use controls for surplus MNDOT properties at a later date. The eastern portion of the Bypass right-of-way is currently zoned I-1. 5. Former Danny's Construction Site North of CR 16 The City Council adopted Resolution No. 4066 which approved the purchase of the remnant parcel of the former Danny's Construction site from MNDOT after the completion of the bypass project. The Comprehensive Plan guided the site for racetrack and commercial uses. The June 7, 1994 zoning ordinance provides a new zone, the Major Recreation (MR) zone, which will effectively implement the land use goals established in the Comprehensive Plan for the site. The new zoning map proposes MR for this site. 6. Canterbury Downs and surrounding Racetrack District (RTD) zoned properties Staff would recommend that all previously zoned RTD areas be incorporated in the new MR zone. The new zone provides more flexibility in terms of commercial and entertainment land uses for this area than the previous RTD. 3 7. Valleyfair Valleyfair is currently zoned I-2. Staff is recommending the Valleyfair site (approximately 230 acres) be zoned Major Recreation as discussed by the Committee of the Whole in the text review process. Valleyfair has submitted a PUD application to the City for review and approval. The timing and coordination of the new zoning map and PUD review process will provide Valleyfair and the City with the appropriate zoning direction. 8. Murphy's Landing Staff is proposing that this City owned property be placed in the Major Recreation zone. Public recreation is a permitted use in the MR zone.The MR zone would provide greater latitude in the recreational/entertainment opportunities than the current Agricultural zoning provides. r. Business: 1. B-1, General Business The new zoning text merged the old B-1 (Highway Business) and B-2 (Community- Business) into one B-1 zone. The primary change from the old map onto the new map is to change the B-2 parcels located around the 4th Avenue/CR 17 intersection to B-1 zoning. Another B-1 zoning change is proposed for land up to the MNDOT ROW west of Taylor Street and south of the Shakopee Town Square Mall. Old B-1 designations under MNDOT acquisition for the Bloomington Ferry Bridge project are proposed to go' to Agricultural. All other previous old B-1 parcels would be B-1 on the new zoning map. 2. B-2, Office Business The B-2 (Office Business zone) is a new zone in the City. The purpose of the zone is to provide areas within the City which allow offices and related services. General retail activities are not allowed. Two areas have been proposed on the new zoning map. One area would be for the old St. Francis Hospital and the Scott County Courthouse. The parking lot on Block 57 in between the Courthouse and the hospital would also be included. The second B-2 area is located east of CR 17 and south of the Junior High School. Other areas for B-2 zoning will be established after the Comprehensive Plan is completed. 3. B-3, Central Business The new zoning map proposes the same configuration for the new B-3 zone as on the old map. After the Comprehensive Plan update and the Downtown planning effort is established, the boundaries of the B-3 zone will be reconsidered. 4 • Residential: • 1. R-1A No'iR-1A zoning is proposed at this time. This zone will be used in areas south of the Bypass after the appropriate Metropolitan Urban Service Area (MUSA) expansions. 2. R-1B The new R-1B zone would cover the old R-2 areas generally south of 10th Avenue or east of CR 17. The old R-2 subdivisions east of CR 17 and south of CR 16 tend to have 80 and 85 foot wide lots. A large majority of the building permit surveys on file with the Building Department indicated that structures were built in conformance with the 10 foot sideyard setback requirement. The single family portion of the Prairie Bend PUD is proposed for R-1B also. 3. R-1C r Exhibit D (Urban)illustrates the pattern proposed for the R-1C zone locations. The R-1C zone is proposed to be generally located north of 10th Avenue and west of CR 17. Staff analyzed existing lot sizes and the number of setback variance requests in the established residential neighborhoods to define the R-1C areas more closely. In addition, staff researched numerous building permit files for survey information on typical setbacks constructed in many of the urban area residential subdivisions. Since the Presidential subdivisions on the west side of CR 15 and north of 12th Avenue tended to have 75 foot wide lots with less than 10 foot sideyard setbacks, staff is recommending that the R-1C zone extend to these areas. A cursory count on variances from the current planning database revealed ten requests for sideyard setback variances for this area over the past 14 years. 4. R-2 The old R-3 (Mid Density Residential) district is being translated into the new R-2 zone (Medium Density Residential). Essentially all previous R-3 zoned areas are being zoned into the new R-2 zone. The twinhome portion of the new Orchard Park subdivision along the Shakopee Bypass is proposed as being in R-2 on the new map. This zoning would more accurately reflect the proposed development which was approved by the City Council for the Orchard Park preliminary plat. Other potential twinhome projects are being considered by developers along the Bypass where the old R-2 zoning exists. Since these projects have not received City Council approval or applications submitted for platting, staff recommends that these areas be zoned R-1B and be rezoned at a later date. 5. R-3 All the old zoned R-4 Areas have been translated in the new R-3 Multiple Family Residential zone. The multi-family portions of the Prairie Bend PUD have been proposed for the new R-3 zone. The old and new correctional facility sites have been included with the R-3 zone due to their size and configuration. 5 • • 6. Cemeteries • • • The three existing cemeteries in the urban area have been proposed for Agricultural zoning. Cemeteries are listed as a conditional use in the Agricultural zone as well as most of the residential zones. The'Agricultural zoning will assist in the land supply calculations with the Met Council and should not interfere with the operations of the three existing cemeteries. Areas South of the Bypass Industrial: • 1. I-1 East and West of Dean Lake At the October 25, 1994 COW meeting,the City Council members reviewed the proposed goals, objectives and policies for the 1994 Comprehensive Plan. The City Council established the direction that the existing I-i industrial zoning in this location should not be replaced with the Agricultural zone due to legal implications. Staff was also directed to revise the Comprehensive Plan policies to state that no new areas of commercial or industrial zoning will be created in the rural service area. The new zoning map proposes to provide the comparable new I-1 zoning for the East and West Dean Lake areas. 2. I-1 North of 13th Avenue and East of CR 18 The RV campground in this location is currently zoned I-1. Staff is proposing that if the site is not purchased by MNDOT for Bypass right-of-way, the site should be zoned Major Recreation. Business: 1. B-1 North of CR 16, East and West of CR 83 Two parcels in this location are currently zoned B-1. Neither are in the MUSA at this time. Based on the City Council direction for the rural industrial (east and west of Dean Lake), staff is proposing the comparable new B-1 zone be provided for these parcels. Rural Residential/Agricultural: In an effort to implement the Metropolitan Council's rural density policy of one dwelling per ten acres, 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 will expire on January 18, 1995. Adopting the new zoning map for the rural areas is necessary before this expiration. The adoption of the new zoning map will satisfy one of the Metropolitan Council's principal concerns with the City. The approach that staff has taken in the new zoning map has been to put all developed or platted parcels into the RR (rural residential) zone. All remaining parcels have been identified or placed into the agricultural district. Please refer to Exhibit D. 6 Overlay Zones: • The new zoning ordinance text established five overlay zones including Floodplain, Shoreland, Mining,Planned Unit Development,and the Old Shakopee Business. Staff is recommending that the Old Shakopee Business overlay zone be merged into the B-i zone regulations. Further discussion on this will be in the Text Amendment paragraph provided later in this memo. 1. Floodplain/Shoreland Staff proposes that the same Floodplain and Shoreland boundaries be provided for on the new zoning map as established on the current map. Staff would note that the floodplain map amendment for Valleyfair which deleted the floodplain designation within the dyke will be incorporated into the new zoning map: 2. Mining There are three approved mining operations in the City including the Shiely quarry, the Fischer Aggregates mine west of CR 83, and the Ames mine on Valley View Road. The Planning Commission could either recommend that the new zoning map be drawn to include the existing mines within overlay zones, or, review the overlay zone requests at a later date as individual requests after the new zoning map is adopted. - 3. Planned Unit Development (PUD) With the development of the Racetrack District in 1986, the City Council adopted an ordinance requiring mandatory PUD approval for all RTD zoned properties as well several surrounding parcels zoned B=1 or I-1 near Canterbury Downs. Staff is proposing a similar mandatory PUD boundary on the new zoning map at this time. Following the Comprehensive Plan approval, deletions of the mandatory PUD requirement may be considered with the appropriate zoning changes. Gilbertson Request: Darwin and Arlis Gilbertson submitted a letter (Exhibit G) requesting that the Planning Commission consider the rezoning of their properties located along County Road 16. The old zoning map designation is Urban Residential (R2). They are requesting zoning which would allow up to a 4-plex facility or the new Mid-Density Residential (R2). Staff would recommend the Planning Commission not include this request in the Phase II zoning map process. Rather, it would be more appropriate for this amendment to be submitted for formal application by the Gilbertsons after the completion of the Phase II zoning map approval. 7 • • Zoning Text Amendment • • Industrial: 1. I-i Subd. 3 Conditional Uses Item E which allows retail sales of products manufactured,fabricated,assembled,or stored on site needs clarification to prevent general retain sales from pursuing on I-1 zoned parcels. 2. I-2 Subd. 1 Purpose Add separation of heavy industrial zoned properties from business uses to the purpose statement. The I-1 purpose establishes the intent as the separation of heavy industrial uses from residential uses only. The light industrial zone provides the necessary zoning transition in most areas of the City. 3. I-2 Subd. 2 Permitted Uses Add "Offices within a principal structure and directly associated with another permitted use" as a permitted use. Business: • 1. B-1 Title Change Change title to General Business from Highway Business (old B-1) and/or Community Business (old B-2). 2. B-1 Subd. 1 Purpose Change the purpose statement to read that this zone is designed to provide locations within the City where a wide variety of goods and services can be provided to meet the needs of citizens of Shakopee and the surrounding area. 3. B-1 Subd. Conditional Uses Item H Allow only minor commercial recreation in the B-1 since there is a new Major Recreation zone. 4. B-3 Subd. 5 Design Standards Increase the maximum floor area ratio (FAR)to 6.0 and establish a minimum FAR of 1.5. Establish a maximum front, side or rear yard setbacks of one foot instead of a mien setback of zero feet. 5. Old Shakopee Business Overlay Zone Delete the overlay zone and incorporate the design standards for existing Old Shakopee area businesses into the new B-1 zone. (Please refer to Exhibit B Business Summary Table - green sheets). 8 Residential: • 1. Clarification of Dwelling Types The Residential Summary Tables (Exhibit B - green sheets) include a table on allowed uses. One area of confusion for residential uses has been defining dwelling types. There is a range of terms applied to dwellings such as twinhomes, townhouses, duplexes, single family attached, single'family detached, etc. Building ownership and property ownership are two factors which'Help generate the dwelling labels. • j Below is a figure which conceptually illustrates the various dwelling types. Conceptual lot lines (property ownership) and building arrangements are included with this figure. • Dwelling Types Siagle•FamilyDetached i t • Siegle•Family Attached o< x • Nam pU rix -Family .••"'rl or ;F Multiple Family 111 or �' W Zeta Lot Line T, c� The residential zone regulations establish the types of dwellings which can occur in each zone. Staff is proposing a clarification of dwelling types in the Residential Summary Use Tables (Exhibit B). One of the major efforts in the update of the residential regulations in the new zoning ordinance was to separate dwelling types as appropriate. The City has experienced requests for single family development in multi-family zones. The application of the R-4 design standards to these single family developments has been awkward at best. Staff would request that the Planning Commission review these terms and make a recommendation for their inclusion into the appropriate residential districts as shown in the Residential Uses Table. 9 • 2: Densities Density is the ratio of the number of dwelling units (D.U.)per acre for a site. Typically, when calculating density, the gross site area which includes half of all adjacent rights-of- way is utilized. It should be noted that the size of the site or area under consideration impact the calculated density (one lot vs. one block vs. a neighborhood, etc.) Density is intended to be a general requirement in zoning regulations. One of the first questions asked by developers proposing newre'sidential projects is, "How many dwelling units can I build?" Having a range of densities established in each residential district will • provide this guidance. The actual design of the development is then subject to the more detailed requirements such as setbacks, building height, lot coverage, etc. Staff would note that design standards in each zone are intended to work as a whole to provide the appropriate amounts of developments. Density ranges have been proposed foreach residential zone in Exhibit B. Staff recommends that these densities be incorporated into the new zoning ordinance text. 3. Lot Sizes In the R-2 and R-3 zones, five plexes and six plexes are allowed as conditional uses and permitted uses respectively. The new text'requires a minimum lot size of 4,000 square feet per unit for the tri-plexes and four plexes. Projects with five or six units require 24,000 square feet. Staff is proposing that a five plex have a minimum of 20,000 square feet and six plexes have a minimum of 24,000 square feet. 4. Rural Residential Impervious Surface The new text establishes a 30 percent maximum impervious surface requirement. On a 10 acre parcel, this would resulting up to 130,000 square feet of impervious surfaced areas, which could result in significant problems. Staff would recommend reducing this requirement to 15 percent. Future Zoning Amendments: The new zoning ordinance text and map provide land use controls to well over 8,000 separate parcels in the City. The text and map process has involved a tremendous commitment by the Zoning Ordinance Review Committee, the Planning Commission, the City Council, the Zoning consultant and staff. The benefits to improving the City's Zoning Ordinance will be largely unmeasured unknown to most people. Staff is working more intently on a day to day basis with the new zoning ordinance. From these experiences, we are discovering some of the benefits, but, also identifying some improvements needed. Staff will be working with the Planning Commission to establish a more periodic or regular review of the zoning ordinance in the next several years in order to maintain a solid ordinance. 10 ALTERNATIVES: Zoning Map 1. Recommend approval to the City Council of the proposed Phase II zoning map as recommended by staff. 2. Make specific changes to the proposed Phase II zoning map and recommend its approval to the City Council. 3. Table a recommendation on the zoning map for additional information. Zoning Text 1. Recommend approval of the proposed text changes to the City Council. 2. Do not recommend approval of the text amendment changes to the City Council. 3. Table a recommendation for additional information. `, • Gilbertson Request 1. Do not include the Gilbertson request in the Phase II zoning map process. 2. Include the Gilbertson rezoning request in the Phase II zoning map process. STAFF RECOMMENDATION: Staff recommends the No. 1 alternatives under each of the three sub-headings listed above. ACTION REQUESTED: 1. Approve a motion which would recommend to the City Council approval of the Phase II new zoning map. 2. Approve a motion which would recommend to the City Council approval of the recommended text changes to the new zoning ordinance. 3. Approve a motion which requests staff to forward a copy of the rezoning application packet to the Gilbertsons. LSEJpmp Zoning 11 Monthly Progress Report Planning Department October 30, 1994 PROJECT START COMPLETE STATUS COMMENTS Administration 1.Planning Secretary Hire 9/25/94 11/15/94 95% To CC on 11-15-94 2.Project Managment Database 7/15/94 12/15/94 50% In progress Long Range Planning 1. Jack.Twp. Comp Pln Amend 3/01/94 10/04/94 100% Met Council approved 2.Jack.Twp.Annex. (north) 3/01/94 11/09/94 100% Effective after election 3.Downtown Riverfront Plan 5/01/95 1/01/95 60% COW review of alt.'s 4. Comp. Sanitary Sewer Plan 8/20/95 1/01/94 90% COW Review 5. Comp. Stormwater Plan 7/21/91 1/01/95 90% COW Review 6.Comp.Plan Goals,Policies 4/01/94 11/9/94 100% COW Review 7. Comp.Plan Land Use Plan 7/15/94 12/8/94 60% PC Review/Research 8. Chaska Int.Agreement 7/01/93 2/01/95 50% Rural Density Current Planning 1.Building Permits 8/01/94 8/31/94 Ongoing 18 Residential permits 2 Commercial permits 1 Industrial permits 2.Planning Reports 8/01/94 8/31/94 Ongoing 0 Variances 0 Appeal of BOAA 3 CUPs 1 CUP Reviews 2 Preliminary Plats 0 Final Plats 4 PUDs 2 Rezoning 0 Vacations 0 Minor Subdivisions 2 Comprehensive Plan Reviews 0 Text/Official Map Reviews 1 Site Plan Review 3.Enforcement 8/01/94 8/31/94 Ongoing 3 Zoning Code Violations 2 Resolved Violations Management Information Systems (MIS) 1. GIS Stage One 10/01/93 12/31/94 10% Awaiting Digitizing 2.Evaluate Scheduling Software 5/01/94 10/01/94 25% In progress 3.Network Security 5/01/94 10/01/94 5% Waiting on Input 4. Quarterly Staff Work Program 5/20/94 9/15/94 50% In Progress 5.MIS Database Development 7/7/94 12/31/94 10% Beginning 6.Project Mgmt.Database 8/01/94 12/31/94 25% Building Forms 7. Windows Training/Evaluation 8/15/94 10/01/94 10% In Progress 8. Install Windows(City wide) 8/01/94 3/01/95 15% In Progress (W P5I\DOCS\TERRIE\PCREPORT.00r)11/10/94 Monthly Progress Report Planning Department Continued BOAA /PC Meeting 10-06-94 PC Meeting 10-06-94 MV Health Campus Preliminary PUD Continued to 10/20 MV Health Campus Preliminary Plat Continued to 10/20 West View 7th Preliminary PUD Rec. Approval West View 7th Final PUD Rec. Approval Jack Brambilla CUP Amendment Approved OneComm Corp. Zoning Map Amend. Rec. Approval OneComm Corp. CUP: Over 45' ht. Approved Northstar Auto CUP: Move in Office Approved City of Shakopee Zoning Text Amend. Rec. Approval Fischer Aggregates CUP: Annual Review Approved Other Items Before the Planning Commission Valley Fair PUD Conceptual Site Plan Discussion City of Shakopee Transportation Plan Discussion PC Meeting 10-20-94 MV Health Campus Preliminary PUD Rec. Approval MC Health Campus Preliminary Plat Continued to 12/8 Other Items Before the Planning Commission Scott County Comp. Plan Update Presentation City of Shakopee Comp. Plan Review Discussion Ind. School Dist. 720 Land Acquisition Review (WP51\DOCS\TERRIE\PCREPORT.00T)II/10/94 )y MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, Planning Director RE: Maras Street Automobile Dealers Approved Conditional Use Permit DATE: November 10, 1994 NON AGENDA INFORMATION ITEM: At the November 3, 1994, meeting, the Planning Commission approved Conditional Use Permit Resolution No. PC-702. This resolution granted a conditional use permit to the MCA Condominium Association. This association includes Ron's Auto Sales, Leeco Distribution, and the Kar Kraft Companies. The conditional use permit will allow the applicants to perform the retail sales of used motor vehicles within the Light Industrial Zone based on a series of conditions. The applicants are working with staff to obtain the remaining permits and licenses for their operations. LSK/pmp MARAS tS MEMO TO: Dennis Kraft, City Administrator FROM: Paul Bilotta, Senior Planner DATE: November 10, 1994 RE: Housing Definitions Per City Council request, the attached are some definitions of terms that are used by the Metropolitan Council in relation to Housing. These terms generally are defined at the federal level and it is not anticipated that there would be any significant changes prior to the 2000 Census. 1995 is anticipated to be another year when housing will be a major topic at the state and regional level. Early indications are that there will likely be more parties providing input and alternatives to what will be proposed by Rep. Orfield's office. There is also an effort originating from the Governor's office to increase the scope of the analysis to include housing needs throughout the state. The latter has the potential to reduce some of the intra-metropolitan area conflict and could realign some of the political alliances formed in 1994. As more develops in the coming months, staff will attempt to keep the City Council updated. DATA DESCRIPTION Most of the information presented in this report is from Census Bureau Summary Tape Files (STF) for 1980 and 1990. STF 1 is based on the "short form", sent to all housing units. STF 3 data is based on a sample ("long form")- on average, about one out of seven households. Data for 1970 was obtained from the Fourth Count Summary Tape of the 1970 Census adjusted to 1980 municipal boundaries where appropriate'.This was also used in the last edition of this document (Met Council Publication No. 19-84-005). Additional information about the Census questionnaire and data is provided in the Census Bureau Users' Guide and Technical documentation. Following is specific information on the source and content of each of the data items: 1. Population: This information provides the total number of residents in each municipality, county or in the Metropolitan area in 1970, 1980 and 1990. The source of 1970 information is the Fourth Count Summary Tape of the 1970 Census adjusted to 1980 municipal boundaries (see footnote 1). The source of 1980 and 1990 information is STF 1. 2. Households: This data identifies the total number of households in 1970, 1980 and 1990. The Census Bureau defines a household as the person or persons occupying a housing unit. The 1970 data is based on the 1970 Census adjusted to 1980 municipal boundaries (see footnote 1). The 1980 and 1990 information is from STF 1. 3. Persons per household: This data provides the number of persons per household in 1970, 1980 and 1990.Figures are obtained by taking total population minus the population in group quarters and dividing it by the number of occupied housing units for the corresponding year. Group quarters are institutions such as prisons and hospitals, and residences including group homes, halfway houses, college dorms, etc. 4.Total Housing units: The U.S. Bureau defines a housing unit as a house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and have direct access from the outside of the building or through a common hall.Both occupied and vacant housing units are included in the housing inventory, except that recreational vehicles, boats, caves, tents, railroad cars and the like are included only if they are occupied as someone's usual place of residence. Vacant mobile homes are included provided they are intended for occupancy on the site where they stand. The source for this information is STF 1. ' Three annexations,which eliminated three governmental units, took place between 1970 and 1980. Mahtomedi annexed the remainder of Lincoln Township;and Prior Lake and Shakopee divided Eagle Creek Township.In addition,Northfield annexed a portion of Greenvale Township in 1979.(With the exception of housing unit,population and household figures,all other data for that portion of Northfield was suppressed in 1980 Census tapes and appears as Os in this report).Other boundary shifts have also occurred because of annexations.The 1970 population,housing and household figures have been adjusted to current boundaries. S. Owner-occupied housing units: According to Census Bureau, a housing unit is "owner-occupied" if the owner or co-owner lives in the unit, even if it is mortgaged or not fully paid for. The data is based on STF 1. 6. Renter-occupied housing units: Occupied units other than owner-occupied (see item 5 above) are classified by the Census Bureau as "renter-occupied,"include both units rented for cash and units occupied without payment of cash rent. The data is based on STF 1. 7. Housing units by type This information provides the number of housing units in 1980 and 1990 by the number of units in the building, including one-unit detached, one-unit attached, t->10 units, three to four units, and five or more units (One-unit attached includes structures such as townhouses and row-houses). Additionally, for the year 1990, further information for types, five to forty-nine units, and fifty or more units has been provided.The data is based on STF 1. 1990 figures are based on a sample and, therefore, do not always add to housing unit totals. 8. Owner-occupied units by value This item shows the value of owner-occupied housing as estimated by the occupants of each unit.The data covers owner-occupied condominium units,single-family homes,and vacant-for-sale single-family homes on less than 10 acres and with no business on the property.Since housing value was estimated by the owner, the data obtained may not be a totally accurate reflection of 1980 and 1990 market values.Value is not assigned to renter-occupied units,mobile homes or trailers,houses on 10 or more acres, houses with a commercial establishment or medical office on the property, and non- condominium units in multi-family buildings. The source is STF 1. 9. Median Value of Owner-occupied housing: This information identifies the median value of owner-occupied housing units. Median value means that half the owner-occupied housing units were valued above that figure and the other half were valued below. Data is derived from STF 1. To facilitate comparative analysis, the 1980 information is converted to 1990 dollars using the change in the U.S. Consumer Price Index (U.S.CPI-U-X1). 10. Median monthly contract rent: According to the Census Bureau's definition, contract rent is the monthly rent agreed to or contracted for, regardless of any furnishings, utilities, fees, meals, or services that may be included. For vacant units, it is the monthly rent asked for the rental unit at the time of the census. This information identifies the median monthly rent paid in 1980 and 1990. Median rent means that half the rental units rented for more than that amount and the other half rented for less. Units for which no cash rent is paid are excluded. It is derived from STF 1. To facilitate comparative analysis, the 1980 information is converted to 1990 dollars using the change in the U.S. Consumer Price Index(U.S. CPI-U-X1). 11. Median Family Income: This item lists median family income for each community, county and the metropolitan area. The Census Bureau defines a family as two or more persons, including the householder,who are related by birth, marriage or adoption, and who live together as one household. Family income is based on total money income received in calendar year by all family members 15 years old and over. Money income is the sum from all sources, including wages, self-employment, investments, retirement and public assistance benefits. Median family income means that half the families had an income above that figure and half had an income below. Data was obtained from STF 3 of 1980 and STF 3A of 1990 Census. To facilitate comparative analysis, the 1979 information is converted to 1989 dollars using the change in the U.S. Consumer Price Index (U.S. CPI-U-X1). 12.Median Household Income: This item lists median household income for each community, county and Metropolitan area. According to the Census Bureau, a household includes all the persons who occupy a housing unit. The occupants may be a single family,one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements.Household income, as defined by the Census Bureau, includes the income of the householder and all other persons 15 years old and over in the household, whether related to the householder or not. Because many households consist of only one person,average household income is usually less than average family income. Median household income means that half the households had an income above that figure and half had an income below. Data was obtained from STF 3. 13. Households by Household Income in 1989: This item lists the number and percent of households by household income in 1989. Data was obtained from STF 3. 14. Units by monthly rent Lists the number of housingunits bycontract rent. Contract rent is tabulated for"specified This item renter-occupied" units, which excludes one-family houses on 10 acres or more. Data was obtained from STF 1. More detailed rent categories were available in the 1990 Census than in the 1980 Census. 15. Households paying over 25% (in 1979) or 30% (in 1989) of income for housing cost Housing cost as a percentage of household income is an important measure used to determine housing affordability. In the year 1980, the Federal Housing affordability standard was defined as housing cost not exceeding 25% of household income. In 1990, the standard was housing cost not exceeding 30% of household income. Item 15 provides information on the number of households incurring housing cost over this Federal affordability standard (25% of income in 1980 and 30% of income in 1990). This information is provided separately for renter-occupied and owner-occupied households.The data for this item was obtained from STF 3. 2 V Em- 16. Household composition: This item gives the number of households in various categories. Households are classified by type according to sex of the householder and the presence of relatives. Data was obtained from STF 1. Household composition is categorized as"One person households"and"2+ persons households".The 2+ persons households was further subdivided into family and non-family households. The family households include the following types: Married Couple family: A family in which the householder and his or her spouse are enumerated as members of the same household. One-parent family, Male: A family with a male householder and no spouse of the householder is present. One-parent family, Female: A family with a female householder and no spouse of the householder is present. Information on "with children" refers to the "related children" as defined by the Census Bureau. Related children in a family include own children and all other persons under 18 years of age in the household,regardless of marital status,who are related to the householder,except the spouse of the householder. Foster children are not included since they are not related to the householder. 17.Age of Population: This data item breaks the population down into relevant age groups,including pre-school and school- age children,young adults, adults, and people 65 years and older. The source is STF 1. 18. People below poverty: Information presented under this item was obtained from STF 3. The total number of persons below the poverty level was the sum of the number of persons in families with incomes below the poverty level and the number of unrelated individuals with incomes below the poverty level.Poverty status is determined by household income and the number of people in the household. It is to be noted that the Census Bureau determined poverty status for all persons except institutionalized persons, persons in military group quarters and in college dormitories, and unrelated individuals under 15 years old. These groups were excluded by the Census Bureau while calculating poverty rates. Further break-down of persons below poverty who were under age 18 and over age 65 is also. provided for the year 1989. As defined by the Census Bureau, the average poverty threshold for a family of four persons was $7,356 in 1979 ($12,326 in 1989 dollars) and it was$12,674 in 1989. Information on"Families below poverty"represents families whose income in 1989 was below the poverty level.Likewise,information on "Single parent families"represent single parent families whose income in 1989 was below poverty level. 3 411ffwgIr The Census Bureau has also provided information for alternate levels of poverty for program eligibility needs and other data users.Information on 200%of the poverty level was obtained by the Census Bureau by multiplying the income cutoffs at the poverty level by the appropriate factor(2.0). This data is shown as " Persons below 200% poverty". 19. Minority population: Minority population shows the count and percent of total population for American Indian, African American,Asian and Pacific Islander including other minority groups,and Hispanic population. The source of the data is STF 1.The changes in Census definition of some of the categories in 1980 and 1990, for instance, Asian and Others, have been appropriately adjusted to allow the data to be compared. Hispanic population consists of people of any race.The majority of Hispanics defined themselves as white, but a growing number chose to identify themselves as "other" (7,411 in 1980 and 12,693 in 1990).Information on total and percent minority population includes persons of a minority race and persons who identified themselves as both white and Hispanic. 20. Labor force: This information was extracted from STF 3A of Census 1990. Total labor force information provided under this item is the civilian labor force defined by Census as all civilians 16 years old and over who are employed or unemployed. It does not include those serving in the U.S. Armed Forces. The employed labor force figure represents the number of all civilians 16 years old and over who were either "at work" or were "with a job but not at work" at the time of the Census. The unemployed labor force figure represents the number of all civilians 16 years old and over who were neither "at work" nor " with a job but not at work", but were looking for work, and were available to accept a job at the time of Census. 21.Age of Housing units: This information identifies the year the original construction of the housing unit was completed.For mobile homes,trailers and houseboats,the manufacturer's model year is assumed to be the year built. For railroad cars, tents, caves, etc. the data"1939 or earlier" is used. Figures for the various ranges are shown by ownership or rental status. Data was obtained from STF 3A of 1990 Census. 4 V • TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Adjourned Session November 15, 1994 1 . Roll Call at 7 :00 P.M. 2 . Other Business a) b) 3 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA OCTOBER 25, 1994 Mayor Laurent called the meeting to order at 5:32 P.M. with Councilmembers Lynch (at 5:33 P.M. ) , Beard, and Sweeney present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Mark Erickson, Assistant City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; Dave Nummer, Staff Engineer; and Paul Bilotta, Senior Planner. Mayor Laurent recessed the meeting until after the meeting of the Committee of the Whole. Mayor Laurent re-convened the meeting at 8:00 P.M. 0 Beard/Sweeney moved to confirm the recommendation of the Committee of the Whole and appoint Jon Brekke as Councilmember. Motion carried unanimously. Mayor Laurent adjourned the meeting at 8:02 P.M. Jj-h, dith S. Cox Pity Clerk Recording Secretary