HomeMy WebLinkAbout12/19/1995 410
TENTATIVE AGENDA
ADJ.REG.SESSION SHAKOPEE MINNESOTA DECEMBER 19, 1995
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent Presiding
1] Roll Call at 7 : 00 P.M.
2] Approval of Agenda
3] Liaison Reports from Councilmembers
4] Mayor' s Report
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
*7] Approval of Minutes of November 21st and 29th, and
December 5th, 1995
8] Communications : None
9] 7 : 00 P.M. Public Hearings:
a] Vacation of easements between Lots 4 and 5,
Block 1, Valley Park 6th Add' n. - Res . 4359
b] Vacation of easements between Lots 1, 2, and
3, Block 1, Prairie House 2nd - Res. 4339
10] Recommendations from Boards and Commissions :
*a] Rezoning of 40 acres adjacent to CR-42 frbm Rural
Residential to Agricultural Preservation - Ord.
No . 442
*b] Amending Valleyfair PUD by adding land
immediately East of Valleyfair - Ord. No. 443
11] Reports from Staff:
>3),
*a] Conditional Use Permit CC , Two Principal
Structures Per Lot, To Operate A Car Wash
Within One of the Principal Structures and To
Operate A Gas Station
b] Public Safety Communications and Information
System Joint Powers Agreement With Scott County
c] Mobile Data Terminals (MDT' s)
110 411
TENTATIVE AGENDA
December 19, 1995
Page -2-
11] Reports from Staff continued:
*d] Ordinance Allowing Limited Construction in
City Easement - tabled 12/5
*e] Termination of Probationary Status - Al Koester
*f] Acceptance of Drainage Easement on Lot 2,
Block 1, Valley Park 10th Addition
*g] 1996 Cigarette Licenses
*h] 1996 Message Center and Masseuse Licenses
*i] 1996 Tattoo Licenses
*j ] 1996 Pawnshop Licenses
*k] Replacement of Training Department Television for
Fire Department
*1] Purchase of SCBA Equipment for Fire Department
*m] Janitorial Services Contract for Police Dept.
*n] Interfund Transfers
*o] Approve Bills in the Amount of $4, 165, 518 . 66
(of which $1, 550, 000 . 00 is a transfer of funds)
*p] Former City Hall Office Lease - Krucial Data Supply
q] Authorize Hiring A Part Time Snow Plow Operator -
memo on table
12] Resolutions and Ordinances :
a] Res . No. 4367 - Adopting A Policy On Testing For
Drugs and Alcohol
*b] Res . No. 4346 - Approving An Agreement for
Reimbursement of Technical
Certification Costs
*c] Res . No. 4366 - Amending 1995 Budget
*d] Res . No. 4368 - Amending 1996 Pay Plan for Non-Union
Employees
*e] Ord. No. 437 - Amending City Code, Sec. 4 . 01,
Relating To The Building Code
*f] Res . No . 4369 - Accepting Public Improvements for
Minnesota Valley 8th Addition
13] Other Business:
a] Approval of Minutes - discussion
b] Civic Center Update by Mayor Laurent
c]
d]
14] Recess for an executive session to discuss matters
permitted under attorney-client privilege
15] Re-convene
16] Adjourn
Dennis R. Kraft, City Administrator
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non Agenda Informational Items
DATE: December 15, 1995
1. Attached is the Building Activity Report for November 1995.
2. Attached is the Planning Department's Monthly Progress Report for November 1995.
3. Attached are the November 6th minutes of the Shakopee Public Utilities Commission.
4. Attached are the December 7th minutes of the Board of Adjustment and Appeals and the
Planning Commission.
5. Attached are the December 2nd minutes of the Cable Commission.
6. Attached are the November 14th minutes of the Committee of the Whole meeting.
7. Attached is a construction update from the County regarding C.R. 16.
8. Attached is a memorandum from the Planning Director regarding"Mr. Disney's
Neighborhood" Article.
9. Attached is a memorandum from the Planner I regarding notification of adjacent land uses.
10. Attached is a memorandum from the Planning Director regarding computer system failure.
11. Attached is the Assistant City Administrator's Monthly Progress Report.
12. Attached is the Revenue and Expenditure Reports as of November 30, 1995.
13. Per City Council direction the Mayor has made the following appointments to the
Subdivision Review Committee: Terry Joos (Chair), Jon Albinson, Horst Graser, Gayle
Madigan, Jim Johnston, Clete Link, John Schmidt and Jane Dubois.
14. Attached is the Police Report for Council review.
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CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT - NOVEMBER 1995
November 1995 November 1994
No. No. Valuation No. No. Valuation
Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D.
Single Family-Sewered 10 122 12,306,165 9 138 12,631,133
Single Family-Septic 2 22 4,070,637 1 22 4,273,054
Multiple Dwellings 1 11 4,806,864 1 6 1,829,904
(# Units) (YTD Units) (4) (92) - (-) (24) -
Dwelling Additions 1 150 775,524 2 122 580,197
Other - 14 398,319 3 26 2,085,715
New Comm. Bldgs 1 11 23,377,700 1 9 3,555,352
Comm. Bldg. Addns. 1 3 380,000 - 2 250,000
New Industrial-Sewered 1 1 885,000 - 3 5,244,000
Ind. Sewered Addns. 1 2 313,000 - 5 967,000
New Industrial-Septic - - - - 1 175,000
Ind. Septic Addns. - - - - - -
Accessory/Garages 2 29 328,678 1 43 389,661
Signs & Fences 4 78 178,322 5 103 234,422
Fireplaces/Wood Stoves - 5 6,600 3 17 26,859
Grading/Foundation - 15 1,909,054 3 20 1,186,807
Moving - 3 - - 4 -
Razing - 10 25,985 - 4 11,150
Remodeling (Res. ) 5 61 543,520 4 47 341,050
Remodeling (Comm/Ind. ) 3 37 1,588,000 4 36 2,522,769
TOTAL 32 574 51,893,368 37 608 36,304,073
No. YTD. No. YTD.
Electrical 57 537 31 519
Plumbing & Heating 70 651 66 677
Total dwelling units in City after completion of all construction permitted
to date 5,431
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN NOVEMBER, 1995
11544 Void
11545 Novak Fleck 1419 Whitney Street House 94,174
L 13 B 2, Meadows West 1st
11546 John A. Dalsin, Inc. 3303 E. 4th Avenue Repair 120,000
11547 Novak Fleck 164 Bluestem Avenue House 104,494
L 17 B 1, Meadows West lst
11548 David Bloom 1037 E. let Avenue Sign 1,000
11549 Chris Dellwo 7920 Horizon Drive House 139,008
L 3 B 4, Horizon Heights 3rd
11550 Houston&Houston Const. 213 West 8th Avenue Repair 8,000
11551 Romar Homes 1723 Parkway Avenue House 119,324
L 9 B 4, Prairie Bend lst
11552 Mn. Green Landscaping 1785 W. County Road 42 Addition 45,000
11553 Dahl Carpentry 1527 Homestead Way Deck 1,400
11554 Gary Kock 1216 Clover Court Remodel 11,017
11555 Level Edge Const. 435 E. 1st Avenue Roof 3,235
11556 Severson Homes 1517 Homestead Street House 133,648
L 11 B 1, Homestead Ridge 2nd
11557 Keyland Homes 1646 Parkway Avenue House 120,873
L 16 B 3, Prairie Bend 1st
11558 Mark Petersen 115 Bluestem Avenue Remodel 8,970
11559 Marvin Schmitt 706 11th Avenue East Shed 1,152
11560 Windwood Homes 1763 Parkway Avenue House 147,603
L 11 B 4, Prairie Bend 1st
11561 Laurent Builders 1337 Applegate Lane Sign 400
11562 Thomas Pribble 9290 Boiling Springs Lane House 134,789
L 13 R 115 R 22
11563 Keyland Homes 1727 Greenway Avenue House 116,026
L 8 B 3, Prairie Bend 1st
11564 King Homes 501 Market Street Remodel/Deck 13,000
11565 American Liberty Const. 4108 Valley Ind. Blvd. No. Addition 108,000
11566 Sign Art Co. 1415 St. Francis Avenue Signs 20,000
11567 Cottage Homesteads 444-450 Sarazin Street Condominium 245,641
11568 Laurent Builders 1337 Applegate Lane House 83,975
L 2 B 2, Orchard Park 1st
11569 Charles Soller 1187 Heritage Drive East Remodel 8,388
11570 Novak Fleck 226 Foxglove Lane House 86,642
L 20 B 2, Meadows West 1st
11571 Sussel Corp. 1042 Minnesota Street Garage 13,608
11572 Kraus Anderson 1850 Sarazin Street Nursing Home 2,458,000
11573 Westin Const. Co. 7050 E. Highway 101 Office/Warehouse 885,000
11574 Sharoyl Ost 113 E. 3rd Avenue Sign 300
11575 LaVern Johnson 1141 Naumkeag Street Remodel 8,248
11576 Novak Fleck 246 Foxglove Lane House 76,596
L 21 B 2, Meadows West 1st
TOTAL: $5,317,511
City of Shakopee
Planning Department
Monthly Progress Report
November 1995
Board of Adjustment and Appeals
VARIANCES 0
CUP'S 1
INTERPRETATIONS 1
At its November 9, 1995, meeting, the Board of Adjustment and Appeals approved an
application for a Conditional Use Permit for SSG Corporation, allowing two buildings on
one lot and the operation of a gas station and car wash. The hours of operation for the
gas station and car wash were limited to 6 am to 11 pm.
A memo was forwarded to the City Council providing each Board member's recollection
of their interpretation regarding the end date of operations for the Fischer Mine.
Code Enforcement
No. Reported 5
No. Referred Out 2 to Building Department
Planning Dept. Cases 3 Compliance letters have been sent
1 case resolved
Community Development Commission
At the November 15th CDC meeting, Chuck Snyder, Southwest Metro Transit, gave a
brief summary of transit services provided to the City. Mr. Snyder talked about changes
and improvements SMTC has made to existing service as well as future transit service
opportunities for Shakopee. It is notable that total expenses dropped almost $3,000 for
the 53S Circulator from July to August of this year due to the changeover from
contracting MCTO buses to SW Metro purchasing their own buses. Staff has been
working with Mr. Snyder to update monthly transit report statistics, and a draft of the
updated transit report format was provided to the CDC for feedback.
The revised Industrial TIF Program was tabled to the January 17, 1996, meeting.
Economic Development
Commercial and industrial inquiries continued to be active, with a renewed interest in the
downtown. Requests for information regarding available commercial and industrial sites
in proximity to new transportation improvements remained steady.
• Resident's Guide update(in progress)
• Development of commercial and industrial prospect information packet(in progress)
2
Planning Commission
TEXT AMENDMENTS 3
REZONINGS 0
PRELIMINARY PLATS 0
FINAL PLATS 1
PUD's 2
VACATIONS 2
At its November 9, 1995 meeting, the Planning Commission recommended approval of an
Amendment to the Public Mini-Storage Planned Unit Development to allow the
construction of a 12 x 40 expansion of an existing structure to provide additional office
space. Approval was also recommended to the City Council on an amendment to the
Minnesota Valley Health Campus Planned Unit Development to decrease the size and alter
the footprint design of the long term care facility and to relocate the driving and parking
facilities from the northern portion of the lot to the southern portion of the lot.
The Planning Commission denied a text amendment to Chapter 11 (Zoning) of the City
Code allowing retail sales of nursery and garden supplies as a Conditional Use in the Rural
Residential(RR)Zone. The Commission then initiated the rezoning of a 40 acre parcel,
owned by Minnesota Green Landscaping, from Rural Residential (RR)to Agricultural
Preservation(AG)where retail sales of nursery and garden supplies are allowed as a
Conditional Use.
Approval was recommended for amendments to Chapter 11 (Zoning)relating to the
Design Standards for the Agricultural Preservation(AG)Zone and Residential Zones, as
well as the standards in the Highway Business(B-1)Zone. The amendment to the
Highway Business(B-1)Zone added"retail centers" as a Conditional Use within this
zone. The amendment also went on to define retail centers, provide conditional use permit
standards for this use, change the minimum lot size in the Highway Business (B-1)Zone
to two (2) acres, and address landscaping requirements
Requests for the vacation of drainage and utility easements in Lot 1, Block 1, Valley Park
4th Addition and the vacation of an alley in Market Place 1st Addition were recommended
for approval to the City Council.
Scott County Economic Development Coalition
Staff continued to gather information for the Scott County Labor and Business survey
sponsored by the SCEDC.
3
Transit-Ridership
53S Circulator Vanpool Dial-a-Ride
September 1994 23 1,650 2,039
September 1995 278 1,966 2,335
Other
• Adult Uses Ordinance(in progress)
• Staff is still awaiting a response from the Metropolitan Council regarding the 1995
Comprehensive Plan Update
• Metropolitan Council approved Rahr Malting Company's request to construct a
private wastewater treatment system
• City Council will be appointing a Subdivision Review Committee to begin reviewing
drafts of the updated Subdivision Regulations
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MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular
session on November 6, 1995 at 4: 30 P.M. in the Utilities meeting
room.
MEMBERS PRESENT: Commissioners O'Toole and Unseth. Also
Liaison Sweeney, Administrative Assistant Adams, Manager Van Hout
and Secretary Menden. Commissioner Vierling was absent due to
illness.
BILLS READ:
City of Shakopee 100.00
City of Shakopee 42,000.00
Joseph Adams 30.00
Alden Pool and Municipal Supply Co. 323 . 50
Al' s Landscaping and Nursery, Inc. 276 . 90
Amsterdam Printing Corp. 92. 26
ARAMARK Refreshment Services 126 .00
R.W.Beck 2,536. 64
Bentz Construction Inc . 2,535. 00
Berens Market 209 .48
Big A Auto Parts 32. 27
Border States Industries, Inc. 7,905. 32
Business Essentials , Inc . 263 . 66
CAP Agency, Inc . 63 . 14
City of Shakopee 1,396.78
Clay' s Printing 659.06 .
Cooperative Power 35,407 . 73
Coordinated Business Systems, LTD 30 .06
Cut-Rite Products 93.19
DCA, Inc. 150 .00
Davies Water Equipment Co. 95.85
Dalum' s Utility Equipment Co. , Inc. 150. 00
Ditch Witch of Minnesota, Inc. 321 . 51
Don' s Electric Forklift Services,inc. 272.79
Dressen Oil Co. 269 . 45
E.J. Brooks Co. 351 . 23
Fischer Aggregates,Inc. 8. 41
General Office Products Co. 93 . 42
Glenwood Inglewood 32 . 43
Gopher State One-Call,Inc. 577 . 64
Graybar Electric Co. , Inc. 5,695. 32
HDR 9,452. 86
Hance Cable Testing and Locating, Inc. 217 . 00
Hawkins Chemical , Inc. 1 ,131 .89
Hennen' s ICO 75. 17
High Voltage Testing Lab 369. 35
Kaeding and Associates, Inc. 1 ,556. 40
Ken's Fresh Meats 166. 50
Lanick and Liljegren Co. , Inc. 33 . 95
Leef Bros., Inc. 25. 67
MMPA 418,116. 39
Minnesota Municipal Utilities Association 955.00
Brian Madden 85 . 14
Midwest Engine Service and Supply 20.00
Minnegasco 202 . 98
Minnesota Plumbing and Heating,Inc. 42 . 50
Minnesota Valley Testing Labs,Inc. 811 . 00
Motor Parts Service Co. , Inc. 168.25
Nebraska Municipal Power Pool 750.00
Northern States Power Co. 332 . 32
Northern States Power Co. 1,183. 68
Northern States Power Co. 15,689. 59
Parkside Printing, Inc. 853 .14
Petersen-Wisdorf, Inc. 2,765.20
Plehal Blacktopping 400 .00
Pomp' s Tire Service Inc. 708.82
Reynolds Welding Supply Co. 9. 74
Richmar Construction Inc. 110,431 . 25
Ries Electric 107 . 28
Shakopee Public Utilities 170. 76
Shakopee Public Utilities 74. 10
Smith of Galeton Gloves, Inc. 85 . 90
Southwest Suburban Publishing 722.19
Starks Cleaning Services 72. 42
Dean Struck 144. 90
T & R Service 45.00
U.S. Transformer, Inc. 259 . 10
U.S. West Communications 362. 54
Valley-Rich Company, Inc. 1 ,728. 25
Lou Van Hout 86.81
Waste Management-Savage 105 . 13
Vic' s Welding,Inc. 420.00
Water Pro 196 . 53
WESCO 31 ,945. 17
Woodhill Business Products 256 . 98
Yarusso' s Hardware Co. 92.16
Motion by Unseth, seconded by O'Toole that the bills be
allowed and ordered paid. Motion carried.
A Shakopee Public Utilities Commission employee representative
was present to present the employee wage requests for 1996 .
Liaison Sweeney informed the Commission of recent legal action
taken against the City and various other matters before the City
Council.
A low income grant for energy conservation was made to the
Minnesota Department of Public Service in conjunction with the
Christmas in May program and the CAP Agency. The Shakopee
Utilities must match the grant request funding.
Motion by O'Toole, seconded by Unseth that the Shakopee Public
Utilities Commission participate in the CAP matching grant request
from the State of Minnesota and our participants share be
$5,000. 00 . Motion carried.
Manager Van Hout reported that four consulting firms had bid
on the Public Water Supply Emergency and Conservation Plan.
The RFP' s were evaluated by staff and it is their recommendation
to award the bid to Progressive Consulting Engineers, Inc.
Estimated time, complexity envisioned as well as other factors were
used to determine the recommendation.
Motion by Unseth, seconded by O'Toole to award the study to
Progressive Consulting Engineers, Inc. Motion carried.
It was reported that the conditional use permit
for the substation site was approved by the County. Kevin Favaro
is working on various aspects of proceeding with the substation in
a timely manner.
Manager Van Hout gave a status report on the progressof
various items related to the St . Francis Regional Medical Center.
A Minor subdivision application has been applied for with the
City.
A progress report on the downtown undergrounding was given
by Joe Adams. Customers will begin converting to the new voltage
in the near future.
A purchase offer for the Co.Rd. 18 future well site has
been made.
Commissioner Vierling attended the Minnesota Municipal
Utilities Association fall meeting.
A load management program was proposed by Manager Van
Hout. The State of Minnesota has required all electric
Utilities to spend 1% of their gross revenues on conservation
related expenditures. The requirement was fulfilled in past
years by the Load curtailment program with Northern States Power
Co. The law requires us to spend monies on conservation
programs. A discussion was held on various programs and budgeted
amounts to meet the State requirements.
One fire call for 30 minutes labor for the month of October,
1995 was reported .
There was one lost time accident for October, 1995
The next regular meeting of the Shakopee Public Utilities
Commission will. he held on December 4 , 1995 at 4: 30 P.M. in
the Utilities meeting room.
Motion by Unseth , seconded by O'Toole that the meeting be
adjourned. Motion carried_
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Barbara Menden, Mmmission Secretary
OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, Minnesota December 7, 1995
MEMBERS PRESENT: Mars, Madigan, Link, DuBois, and Christensen
MEMBERS ABSENT: Joos and Bladow
STAFF PRESENT: Paul Bilotta, Planning Director
Terrie A. Thurmer, Assistant City Planner
Julie Baumann, Planner I
Dave Nummer, Staff Engineer
Clare Link, Recording Secretary
1. ROLL CALL.
Chairman Mars called to meeting to order at 7:30 p.m. Roll call was taken as noted
above.
2. APPROVAL OF AGENDA.
The agenda was approved with the addition of the following items: Items 9A, Request for
a Time Extension for a Variance; and 9B, Update on Fischer Mine.
3. APPROVAL OF NOVEMBER 9, 1995, MEETING MINUTES.
The minutes were approved as submitted.
4. RECOGNITION OF INTERESTED CITIZENS.
Chairman Mars recognized anyone in the audience wishing to speak on any item not on
the agenda. There was no response.
5. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE
PERMIT TO OPERATE A CAR SALES LOT AT 1442 WEST THIRD AVENUE.
The Assistant City Planner stated that the applicant is requesting a Conditional Use Permit
to operate a used car lot from 10:00 a.m. to 8:00 p.m., Monday through Saturday, with a
staff of two employees. She stated that staff is recommending the approval of the permit,
subject to the eleven conditions discussed in the staff memo.
Motion: Commissioners Madigan/Christensen offered a motion to close the public
hearing.
Vote: Motion carried unanimously.
Commissioner Christensen asked if staff knew why the applicant was not present. The
Assistant Planner replied that she did not.
Commissioner DuBois arrived at 7:35 p.m.
City of Shakopee
Board of Adjustments and Appeals
December 7, 1995 Page 2
Commissioner Mars asked if the triangle shaped piece of property located in the western
part of the City has ever been studied. The Assistant Planner stated that it has not been
studied during her tenure, but it is planned to be looked at in the near future.
Commissioner Christensen asked if it would be appropriate to table this item until the
applicant is present. The Planning Director stated that the applicant does not have to be
present unless the Board has concerns relating to this application and it wishes to ask the
applicant additional questions.
Motion: Commissioners DuBois/Link offered Conditional Use Permit Resolution No.
PC-737, A Resolution Approving a Conditional Use Permit for an Open
Sales Lot in the Highway Business (B-1) Zone, subject to the following
conditions:
1. Shall not store any vehicles which are unlicensed and inoperative
for more than seven days, except in appropriately designed and
screened storage areas.
2. Shall conduct all repair, assembly, disassembly, or maintenance of
vehicles within a building, except for minor maintenance such as
tire inflation, adding oil, and wiper replacement.
3. Shall not have any outside storage or display except of vehicles for
sale or rent.
4. Shall not have a public address system which is audible from any
residential property.
5. Shall screen all storage areas.
6. Shall screen all display areas adjacent to a residential zone.
7. Shall apply the parking setback to all areas where vehicles are
located.
8. Shall maintain a landscaped buffer 100 feet wide from any
residential zone.
9. All motor vehicle dealers shall be licensed by the State.
10. All driving, parking, and display areas shall be surfaced with either
Class V gravel or shall be paved.
11. The applicant shall obtain a hazardous waste license from Scott
County Environmental Health if any hazardous waste (including
solvents, sorbents, used oil, batteries, etc.) is generated at the site.
Vote: Motion carried unanimously.
6. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE
PERMIT TO ALLOW TWO (2) PRINCIPAL STRUCTURES ON ONE LOT. THE
SUBJECT SITE IS LOCATED AT 4401 VALLEY INDUSTRIAL BOULEVARD SOUTH,
LOTS 4 AND 5, BLOCK 1,VALLEY PARK SIXTH ADDITION.
The Assistant City Planner stated that the applicant is requesting a Conditional Use Permit
to combine Lot 4 and Lot 5, Block 1, Valley Park Sixth Addition into one lot through the
City of Shakopee
Board of Adjustments and Appeals
December 7, 1995 Page 3
Minor Subdivision process. This would result in two principal structures being located on
an 8-acre lot.
She stated that staff is recommending the approval of the Conditional Use Permit, subject
to the two conditions discussed in the staff memo.
Commissioner Mars noted that the larger building appears to be encroaching on the rear
setback line. The Assistant City Planner stated that this is a matter of scale and the
structure does not exceed the minimum setback.
Commissioner Mars asked where the front yard is located. The Assistant City Planner
replied that the front yard would be the portion of the lot which fronts Valley Industrial
Boulevard South.
Motion: Commissioners Christensen/Link offered a motion to close the public
hearing.
Vote: Motion carried unanimously.
Motion: Commissioners Christensen/Link offered Conditional Use Permit PC-736, A
Resolution Approving a Conditional Use Permit for More than One Principal
Structure per Lot in the Heavy Industrial (1-2) Zone, subject to the following
conditions:
1. The site shall be designed to facilitate ingress, egress, and overall
circulation, both for the development as a whole and for the
individual buildings and structures within the development.
2. The site shall consist of structures that are owned, maintained, and
operated under unified control in accordance with a plan which
contains provisions providing for the enforcement thereof.
Vote: Motion carried unanimously.
7. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 714 TO ALLOW THE RETAIL SALES OF CLASSIC AUTOMOBILES AND
AUTOMOBILE PARTS AT 1513 COUNTY ROAD SOUTH.
The Assistant City Planner stated that in March, the Board approved a Conditional Use
Permit to allow the applicants to perform vehicle repairs. She added that they are now
requesting an amendment to this permit to allow the retail sales of classic automobiles and
parts.
She stated that the applicants would employ four, full time employees, and their business
hours will be Monday through Saturday from 8:00 a.m. to 5:30 p.m. There will be no
accessory structures constructed, and no outdoor storage will take place at the site.
City of Shakopee
Board of Adjustments and Appeals
December 7, 1995 Page 4
She added that staff is recommending the approval of the Amendment to this permit,
subject to the original conditions of the permit, plus the five additional conditions that were
discussed in the staff memo.
Commissioner Mars asked if this was a situation similar to that of the Flood Brothers. The
Assistant City Planner replied that Flood Brothers was more of a salvage operation.
Commissioner Christensen asked what the ordinance says in relation to retail sales in
Light Industrial Zones. The Assistant City Planner replied that, with a Conditional Use
Permit, retail sales are limited to 15 percent of the area within the principal structure, or
2,000 square feet within the principal structure, whichever is less.
Commissioner Christensen asked if there is anything to state that the applicant cannot
take up more than 15% of the space. The Assistant City Planner stated that there is a
condition in the permit which restricts the amount of space used for automobile sales.
Commissioner Christensen stated that she would like to make it clear to the applicant that
this is what is being required, and that staff review the site on occasion. The Assistant City
Planner stated that her comments could be put in a letter of action.
Commissioner Mars noted that condition seven notes that a review would be done if there
is any violation. Commissioner Christensen stated that she would prefer staff review.
Ken Ball. President of Classics' Plus. stated that the business is classic car restoration.
Each car takes up to a year to restore. He stated that the cars will never be stored
outside.
Commissioner Mars asked what kind of complaints he might receive if he were to call the
City of Lakeville, where their operation used to previously be located. Mr. Ball replied that
complaints were never received by the City of Lakeville regarding his business, and that
Planning staff from the City of Shakopee has already verified this fact.
Motion: Commissioners Christensen/Link offered a motion to close the public
hearing.
Vote: Motion carried unanimously.
Motion: Commissioners Madigan/DuBois offered Conditional Use Permit PC-738, A
Resolution Approving an Amendment to Conditional Use Permit No. 714 to
Allow Classics Plus, Inc. to Conduct the Retail Sales of Classic Automobile
Parts and Classic Automobiles Within the Light Industry (I-1) Zone, subject
to the following twelve (12) conditions:
Original conditions of Conditional Use Permit Resolution PC-714, the
permit related to the classic automobile restoration operation:
City of Shakopee
Board of Adjustments and Appeals
December 7, 1995 Page 5
1. All existing floor drains shall be disconnected from the septic
system.
2. All floor drain waste water shall be plumbed into a sealed holding
tank.
3. The property owner shall submit by June 1 of each year a report
which includes the results of an inspection of the septic system by a
certified inspector, a cost estimate for the next year's inspection,
and a financial guarantee necessary to cover the costs of the next
inspection. If remedial actions are necessary, the property owner
shall have sixty days to make the necessary corrections to repair or
replace the system as required by the Building Department.
4. All oil, solvent and other hazardous waste must be managed in
accordance with the Scott County Hazardous Waste Management
Ordinance.
5. The address of the site shall be listed as 1513 County Road 18.
6. The applicant shall not store any vehicles which are unlicensed and
inoperable for more than seven days, except in appropriately
designed and screened storage areas.
7. The City Administrator has the authority to require the Board of
Adjustment and Appeals to review the permit if complaints are
received.
Additional Five Conditions related to retail sales of classic automobiles
and parts:
1. The applicant shall sell products only within the principal structure.
2. The applicant shall limit the area devoted to display and sale of the
products to no more than 15 percent of the principal structure or
2,000 square feet within the principal structure, whichever is less.
3. No exterior building modifications shall be made.
4. There shall be no outside storage, display or accessory structures.
5. The applicant shall submit a sign plan.
Vote: Motion carried unanimously.
8. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE
PERMIT TO OPERATE A PHOTOGRAPHY STUDIO AT 314 SCOTT STREET SOUTH.
The Assistant City Planner stated that the applicant has been operating Kosse Studio at
137 East 1st Avenue. But, with the improvements proposed for Blocks 3 and 4, he needs
to relocate his business. The applicant would like to live in the residence on Scott Street,
and operate the photography studio from a portion of the home as a Home Occupation.
She stated that staff is recommending the approval of the Conditional Use, subject to the
nine conditions discussed in the staff memo.
City of Shakopee
Board of Adjustments and Appeals
December 7, 1995 Page 6
Commissioner Mars stated that the City allows home occupations through a Conditional
Use Permit, but it does not allow them to sell anything.
Commissioner Christensen asked how this could be accomplished with a photography
studio. The Assistant Planner stated that the services provided by a professional
photographer are not considered to be retail sales.
Commissioner Christensen stated that with the working world changing, there will be more
and more home occupations. She expressed a concern about signage requests. She
asked for information on signage in these areas and the control the City has over them.
The Assistant Planner stated that with a home occupation, a sign is limited to no more
than two square feet in size, the same as for a residence. A sign may be located
anywhere on private property.
Commissioner Christensen asked that the Planning Commission review the home
occupation issue, including signage, in 1996.
Terry Kosse. Kosse Studio. stated that they don't plan on moving the existing sign used in
the previous home occupation. She asked for clarification of retail sales. The Planning
Director stated that wedding albums are part of the finished product and considered a part
of their service.
Commissioner Mars asked if the home occupation would be a permanent situation. Mr.
Kosse replied that they plan to operate as a home occupation.
Thomas Rhine. Scott Street. stated that he would not be opposed to this type of business
in his neighborhood.
Motion: Commissioners Link/Madigan offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Motion: Commissioners Link/DuBois offered Conditional Use Permit PC-739, A
Resolution Approving a Conditional Use Permit for a Photography Studio
as a Home Occupation in the Old Shakopee Residential (R-1 C) Zone,
subject to the following conditions:
1. Shall not have any retail sales activity, with the exception of
professional photography activities and the sale of finished
photographs to customers.
2. Shall have a maximum of one sign, not to exceed two square feet.
3. Shall have a maximum of one employee who does not reside in the
home.
4. Shall provide off-street parking for the employee.
5. Shall have no outside storage.
City of Shakopee
Board of Adjustments and Appeals
December 7, 1995 Page 7
6. Shall not produce offensive noise, vibration, electrical interference,
or air or other pollution.
7. Shall not have any receipt or delivery of merchandise, goods or
supplies except through the United States mail, similar parcel
delivery service, or personal vehicles not exceeding one ton.
8. May have outside off-street parking of no more than one
commercial vehicle or vehicle identified for business purposes, not
to exceed one ton capacity which is used for both personal and
business transportation. The vehicle shall be owned by and
registered to an occupant of the property and parked in a screened
location.
9. The applicant shall obtain a hazardous waste license from Scott
County Environmental Health if they develop film at the site.
Vote: Motion carried unanimously.
Motion: Commissioners Madigan/Link offered a motion to direct staff to initiate
some research on home occupations and bring it back to the Planning
Commission for review in February or March of 1996.
Vote: Motion carried unanimously.
9. OTHER BUSINESS.
A. Request for a Time Extension for a Variance.
The Assistant City Planner stated that the City has received a request from Maged
and Cynthia Daoud to extend the one year timeframe allowed for a variance. City
Code Section 1.89, Subd. 9 states, "The Board may extend the period for
construction upon finding that the interest of the owners of neighboring properties
will not be adversely affected by such extension."
She added that staff is recommending the approval of the extension request,
because the extension of the variance by one more year will not have a negative
impact upon the owners of neighboring properties.
Motion: Commissioners Christensen/Madigan offered a motion to extend
the approval of the variance to December 7, 1996.
Vote: Motion carried unanimously.
B. Fischer Aagregate Mine.
The Planning Director stated that the City Council is sending this issue back to the
Board of Adjustment and Appeals for review regarding the end date for the mine.
Another public hearing will be opened at the January BOAA meeting.
City of Shakopee
Board of Adjustments and Appeals
December 7, 1995 Page 8
9. ADJOURN.
Chairman Mars adjourned the meeting at 8:14 p.m.
OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION
Regular Session Shakopee, Minnesota December 7, 1995
MEMBERS PRESENT: Mars, Madigan, DuBois, Link, and Christensen
MEMBERS ABSENT: Bladow and Joos
STAFF PRESENT: Paul Bilotta, Planning Director
Terrie Thurmer, Assistant City Planner
Julie Baumann, Planner I
Dave Nummer, Staff Engineer
Clare Link, Recording Secretary
1. ROLL CALL
Vice Chairman Mars called to meeting to order at 8:15 p.m. Roll call was taken as noted
above.
2. APPROVAL OF AGENDA
The agenda was approved with the addition of Item 14A: Report from Planning Director.
3. RECOGNITION OF INTERESTED CITIZENS
Vice Chairman Mars recognized anyone in the audience wishing to speak on any item not
on the agenda. There was no response.
4. APPROVAL OF CONSENT AGENDA
Motion: Commissioners Christensen/Madigan offered a motion to approve the
consent agenda:
Agenda Item #5: Approval of November 9, 1995 Meeting Minutes.
Agenda Item#10: Final Plat for Market Place 2nd Addition.
Agenda Item#11: Vacation: to consider the vacation of drainage and
utility easements located between Lots 4 and 5, Block
1, Valley Park Sixth Addition.
Agenda Item#12: Vacation: to consider the vacation of drainage and utility
easements between Lots 1 and 2, and between Lots 2 and 3,
Block 1, Prairie House 2nd Addition.
Vote: Motion carried unanimously.
5. *APPROVAL OF NOVEMBER 9, 1995 MEETING MINUTES
The minutes were approved as submitted on the Consent Agenda.
City of Shakopee
Planning Commission
December 7, 1995 Page 2
6. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF HAUERS
5TH ADDITION. LOCATED WEST OF HAUER TRAIL. SOUTH OF CR 16. AND
NORTH OF PARK RIDGE DRIVE
Ms. Baumann stated that the applicant is requesting Preliminary Plat approval for four (4)
single family residential lots. The site is unplatted land and currently contains an existing
residence and two accessory structures. This is a revised plat drawing proposing four lots,
the original plat proposed seven lots.
Motion: Commissioners Christensen/Link offered a motion to close the public
hearing.
Vote: Motion carried unanimously.
Motion: Commissioners Christensen/Madigan offered a motion to recommend to the
City Council the approval of the Preliminary Plat subject to the following
conditions:
1. The following procedural actions must be taken:
a) Approval of the title by the City Attorney.
b) The applicant shall enter into an agreement regarding Park Dedication payments.
Cash payment in lieu of park dedication shall be required. The Park Dedication
payments shall be deferred to the time of the issuance of the building permit for the
principal structure for each lot.
c) The City Engineer will reapportion the existing special assessments against the lots
and the developer shall waive his right to appeal the reapportionment.
2. The following must be completed prior to the recording of the Final Plat with the Scott
County Recorders Office:
a) Verification of approval for an access permit from the Scott County Highway
Department will be required for the proposed shared access drive for Lot 2 and Lot
3, Block 1.
b) The Park Dedication requirement for the existing structure (Lot 4, Block 1) shall be
paid at the time of the recording of the Final Plat.
c) The developer shall provide the City with a recordable easement which will allow
the shared driveway access for Lots 2 and 3, Block 1 to CSAH 16. The easement
shall be a total of 20 feet in width (10 feet from each lot). The property owners
shall be responsible for maintenance of the shared driveway easement.
3. The applicant shall submit a revised Preliminary Plat drawing prior to approval by the City
Council which reflects the following design changes:
City of Shakopee
Planning Commission
December 7, 1995 Page 3
a) The applicant shall dedicate 50 feet of right-of-way adjacent to CSAH 16, as
proposed on the Preliminary Plat drawing.
b) The Preliminary Plat drawing shall reflect the correct zoning designation and density
calculations.
c) The Preliminary Plat shall identify Parcels A and B.
d) Land that has previously been dedicated as right-of-way shall not be included in the
Preliminary Plat.
e) Park Ridge Drive shall be identified on the Preliminary Plat.
4. The applicant shall submit a revised Grading Plan prior to approval by the City Council
which reflects the following changes:
a) The Grading Plan shall indicate proposed elevations on the lot corners.
b) The Grading Plan shall indicate existing or proposed curb elevations where the curb
cuts for driveways will be located.
c) The Grading Plan shall indicate driveway grades that do not exceed 10%.
Commissioner Mars asked if the steep driveway and drainage problem that were present on
the original drawing have been resolved. Mr. Nummer stated that the cul-de-sac has been
removed eliminating the steep grade. The reduction of the number of lots from seven lots
to four lots will eliminate the drainage problems.
Commissioner Madigan stated that more legible maps need to be provided by the applicant.
Ms. Baumann stated that a revised plan will be provided prior to review by the City
Council. Mr. Bilotta stated that the Planning Commission should require a condition that
separate Preliminary Plat and Grading Plan drawings be provided for.
Motion: Commissioners Christensen/Madigan offered a motion to amend the original
motion to include requiring the applicant to submit two separate plans. One
plan should provide the grading and erosion control drawings and one plan
should provide the Preliminary Plat drawing.
Vote: Motion carried unanimously.
7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR AN AMENDMENT
TO THE VALLEYFAIR PLANNED UNIT DEVELOPMENT (PUD) TO
INCORPORATE LOTS 1, 2. AND 3. BLOCK 1. PRAIRIE HOUSE 2ND
ADDITION. INTO THE PUD.
Ms. Baumann stated that the applicant is requesting an amendment to the original
development plan in order to incorporate Lots 1, 2, and 3, Block 1, Prairie House 2nd
City of Shakopee
Planning Commission
December 7, 1995 Page 4
Addition into the development plan for Valleyfair. Lots 1, 2, and 3, Block 1, Prairie
House 2nd Addition have recently been acquired by the applicant. The subject site is 22.73
acres in size. The applicant is proposing to use the property for additional parking, support
facilities, employee housing, and motel/restaurant uses.
Commissioner Mars asked if this is the same information reviewed previously. Ms.
Baumann replied that this is the same information that was reviewed at the Concept Review
in October.
Larry Griffith. 2200 Pillsbury Center South. Minneapolis. stated that he is available to
answer any questions raised by the Planning Commission.
Commissioner DuBois asked how wide the roadway to service the area will be. Mr.
Griffith replied that the roadway is already in and is a city-owned street. Mr. Nummer
noted that the roadway was constructed to meet city standards.
Motion: Commissioners Link/Madigan offered a motion to close the public hearing.
Vote: Motion carried unanimously.
Motion: Commissioners DuBois/Link offered a motion to recommend to the City
Council the approval of an amendment to the Valleyfair Planned Unit
Development, to incorporate Lots 1, 2, and 3, Block 1, Prairie House 2nd
Addition, into the development plan, and move its approval.
Vote: Motion carried unanimously.
8. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11. THE
ZONING CHAPTER. FOR A MAP AMENDMENT TO REZONE FORTY (40)
ACRES OF LAND AT 1785 WEST COUNTY ROAD 42. WHICH IS LOCATED
NORTH OF COUNTY ROAD 42. EAST OF COUNTY ROAD 17, SOUTH OF
WOOD DUCK TRAIL. FROM RURAL RESIDENTIAL (RR) TO
AGRICULTURAL PRESERVATION ZONE (AG).
Ms. Baumann stated that the City is proposing that the Official Map be amended to rezone a
forty acre site from Rural Residential (RR) to Agricultural Preservation (AG).
Commissioner DuBois asked if adjoining property owners are notified of amendments of
this type. Ms. Baumann replied that property owners within 350' are notified.
City of Shakopee
Planning Commission
December 7, 1995 Page 5
John Christopherson, stated that the rezoning is being requested for a retail nursery
operation. He noted that there are not any close neighbors to the subject site.
Jim Howenstein. stated that he owns the agricultural property adjacent to the subject site
and asked for clarification of the process. Mr. Bilotta explained why the rezoning is being
proposed.
Mr. Howenstein asked if retail sales would then be allowed at this location. Mr. Bilotta
stated that retail sales of nursery and garden supplies would be allowed under the
conditional use category. He reviewed the conditions placed on the retail sales. He noted
that the Board of Adjustments and Appeals will review this to add additional conditions, if
necessary, to mitigate any potential problems.
Mr. Christopherson noted that the property is forty acres in size. The retail space has never
been determined. He presumed that it would never go over ten acres with parking and a
building.
Commissioner Mars asked if semi-trucks would be coming onto the site. Mr.
Christopherson replied that semi-trucks already do visit the site to deliver trees, boulders,
etc.
Mr. Howenstein discussed his concerns about the retail sales at this location. He
encouraged the Planning Commission and staff to proceed with great caution and to put
appropriate controls on this request.
Commissioner Mars asked if the surrounding property owners would be notified of the
conditional use permit request. Mr. Bilotta replied that they would.
Commissioner Christensen asked why the Agricultural Preservation (AG) district sounds
more like Light Industrial. Mr. Bilotta explained the uses in the Agricultural Preservation
(AG) district.
Commissioner Christensen discussed the importance of using the word "limited" as part of
this request and that uses might need to be defined differently in another zoning area.
Commissioner Madigan felt that it would be appropriate to confine or limit the retail aspects
of this use.
City of Shakopee
Planning Commission
December 7, 1995 Page 6
Commissioner Mars asked if this should be addressed through the rezoning or the
conditional use permit. Mr. Bilotta stated these concerns should be addressed as part of the
conditional use permit process.
Commissioner DuBois stated that her concern is the kind of problems that could be created
for surrounding residences. She felt that the uses could be incompatible with the rural
residential zoning on all sides. Mr. Bilotta stated that uses between the two zoning areas are
similar.
Commissioner DuBois asked what kinds of uses would be incompatible with rural
residential. Mr. Bilotta stated that uses such as commercial feed lots are conditional uses in
the Agricultural Preservation (AG) district. He stated that the uses in these two districts are
planned to be compatible.
Kermit Bishoff was concerned about where the drainage will go if more trees are planted.
Mr. Nummer stated that a grading plan will be required of the applicant if any grading or
moving is done.
Mr. Christopherson stated that there will not be any grading done. He also noted that this
area is tiled. There will be grading around the building to some extent. He stated that he
would prefer to have ponding of some sort in the area. Mr. Nummer stated that staff can
work with the applicant to design some ponding options.
Motion: Commissioners Christensen/Madigan offered a motion to close the public
hearing.
Vote: Motion carried unanimously.
Motion: Commissioners Christensen/Madigan offered a motion to recommend to the
City Council the approval of the request to rezone the site from Rural
Residential (RR) to Agricultural Preservation (AG), and move its approval.
Vote: Motion carried unanimously.
Commissioner Mars asked how we can be sure a grading plan is provided. Mr. Bilotta
stated that a grading plan can be requested as part of the conditional use permitting process.
Commissioner Mars asked for information on other local nurseries providing a similar
service. Mr. Bilotta stated that staff can do some research.
City of Shakopee
Planning Commission
December 7, 1995 Page 7
Commissioner DuBois asked what would be the hypothetical percentage of retail at this site.
Mr. Bilotta stated that the percentage of retail sales can be restricted as part of the Board Of
Adjustment and Appeals review.
Commissioner DuBois asked if there would be any restrictions on the size and number of
buildings on the site. Mr. Bilotta noted that there are setback and height restrictions.
Commissioner DuBois assumed that there would have to be fairly safe ingress and egress to
this site. Mr. Bilotta stated that these concerns will be reviewed by staff and the Board Of
Adjustment and Appeals.
9. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE
ZONING CHAPTER. SECTION 11.60. SUBD. 8 FOR A TEXT AMENDMENT TO
REDUCE THE LANDSCAPING REOUIREMENTS.
Ms. Thurmer stated that in October the City Council directed staff to initiate an amendment
to the Zoning Ordinance to reduce the City's landscaping requirements. Prior to the update
of the Zoning Ordinance, the City required that a minimum of one major deciduous tree be
planted every fifty feet along public boulevards.
In the current ordinance, the amount of landscaping is determined by the size of the
structure. To illustrate the current requirements, staff provided the landscaping calculations
for a 75,000 square foot warehouse in the staff memo.
Prior to the update of the Zoning Ordinance, a 75,000 square foot warehouse would have
been required to install only 21 deciduous trees. But, under the new regulations, 195 units
of landscaping are required. In October, the City Council directed staff to initiate an
amendment to reduce the landscaping requirements because it believes these requirements
are excessive.
Staff researched the landscaping requirements of a number of other communities within the
metro area and provided that information in the staff memo. On the table is additional
information that may assist in a recommendation.
Staff recommends that the existing method be maintained, but that the resulting number of
required landscaping units be reduced. The Action Requested would be to discuss the
alternatives and recommend to the City Council that this portion of Chapter 11 be amended.
City of Shakopee
Planning Commission
December 7, 1995 Page 8
Commissioner Christensen stated that she was not clear what the City Council wanted the
requirements reduced to. Ms. Thurmer stated that this is more of a policy recommendation
to the City Council. Mr. Bilotta reviewed other communities' requirements. He stated that
no action is required on this tonight.
Commissioner Mars agreed that further research is needed. He was not eager to lower the
current landscaping requirements.
Commissioner Christensen asked why there is a discrepancy with the large structure when
compared with other cities. Mr. Bilotta explained that the city's calculations for
landscaping differ from other communities.
Commissioner Madigan stated that she would like to see larger materials used for larger
buildings for scale purposes.
Motion: Commissioners Christensen/DuBois offered a motion to continue the public
hearing.
Vote: Motion carried unanimously.
10. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF MARKET PLACE 2ND.
LOCATED AT 5TH AVENUE AND MARKET STREET (TABLED AT
NOVEMBER 9. 1995 MEETING).
This item was tabled to the January 4, 1996 meeting on the Consent Agenda.
11. *VACATION: TO CONSIDER THE VACATION OF THE DRAINAGE ANI)
UTILITY EASEMENTS LOCATED BETWEEN LOTS 4 AND 5, BLOCK 1.
VALLEY PARK SIXTH ADDITION.
This item was approved on the Consent Agenda.
12. *VACATION: TO CONSIDER THE VACATION OF DRAINAGE AND UTILITY
EASEMENTS BETWEEN LOTS 1 AND 2. AND BETWEEN LOTS 2 AND 3.
BLOCK 1. PRAIRIE HOUSE 2ND ADDITION.
This item was approved on the Consent Agenda.
13. OTHER BUSINESS
A. Real Estate Signs in the Public Right-of-Way
Ms. Baumann stated that staff has prepared a memo regarding real estate signage
regulations.
City of Shakopee
Planning Commission
December 7, 1995 Page 9
14. STAFF REPORTS
A. Mr. Bilotta announced that this is the last meeting that Terrie Thurmer will be
attending. She has submitted a resignation and has accepted another position.
B. Commissioner DuBois announced that this is also her last meeting on the Planning
Commission.
15. ADJOURN
Vice Chairman Mars adjourned the meeting at 9:25 p.m.
Shakopee Cable Commission meeting minutes 12-2-95
individuals present:
Bill Anderson
Bob Ziegler
Jim Bastyr
Bill Harrison
Larry Moonen
Lee Mahrer
Paul Ryan
Burl Zorn
The meeting was called to order at 9.00 A.M
M r. Burl Zorn introduced himself to the commission.
Mr Anderson gave M r. Zorn a history of public access and explained the funding
nrnr.Pcc In him COihar fnmmiccinn m¢mh¢rc arirlari In tha diol Iccinn
Mr Anderson made a motion to accept Mr Mahrer's quote as stated for installation,
design and labor for the new public access studio. The motion carried. Delivery was
estimated at three to four weeks.
The remainder of the meeting centered around equipment needed for the new studio
The commission agreed to send bid requests to four companies for equipment needed
for the new studio.
The meeting was adjourned at 10:30 A.M.
tiL- 6
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SHAKOPEE, MINNESOTA
COMMITTEE OF THE WHOLE NOVEMBER 14, 1995
Mayor Laurent called the meeting to order at 5:00 P.M. with Councilmembers Brekke, Beard,
Sweeney, and Lynch present. Also present: Mayor-elect Henderson, and Councilors-elect
DuBois and Link; Dennis R. Kraft, City Administrator;Karen Marty, City Attorney; Judith S.
Cox, City Clerk;Paul Bilotta, Planning Director;Bruce Loney, Public Works Director/City
Engineer;Dave Nummer, Staff Engineer; and Gregg Voxland, Finance Director.
At the request of Cncl.Sweeney, Mr. Voxland explained the rationale for having enterprise funds
(sewer fund, storm drainage fund, refuse fund, and recreation fund). Mr. Voxland explained that
the purpose is to keep the economic activity separate from the general fund and to run each fund
like a business.
Mr. Voxland explained that Rahr will be pulling out of using the City's sanitary sewer system in
1997. This will mean a loss of revenue but may be offset with their SAC credits. He reminded
Councilmembers that the Chaska Interceptor is on a 20 year pay schedule.
Mr. Voxland provided Councilmembers with a table showing the sanitary sewer fund projected
cash levels and capital improvements for the following five years. An assumed 5%increase each
year in flow revenue was used. The projected balance for the flow portion at the end of 2001 is
$2,716,180. Discussion followed on whether or not a$2.7 million balance was necessary in 2001.
Brekke/Beard moved that the balance available in the flow portion of the sanitary sewer fund
projections for year end balance in 2001 be reduced to $750,000. Staff will recommend a flow
charge fee based on this projection. Mr. Voxland asked for a clarification and was advised that
this is not to take into account any SAC credits from Rahr nor speeding up the payments for the
Chaska Interceptor. Discussion continued.
Beard/Lynch moved to amend the motion from $750,000 to $1,000,000.
Discussion followed on whether or not to delay taking action at this time in order to allow the
new Council to decide six weeks from now.
Motion on the amendment carried with Councilor Brekke dissenting.
Motion carried unanimously on main motion as amended.
Mr. Voxland suggested that the Council discuss the storm drainage fund at this time as opposed
to waiting until January so that revenue isn't lost.
Official Proceedings of the November 14, 1995
Shakopee Committee of the Whole Page -2-
Mr. Loney explained the need for the establishment of a stormwater trunk fee. He explained that
the storm drainage fund was established in 1985 for maintenance and new construction. He
explained changes and new things that are now required which the current storm drainage fees
will not keep up with. He proposed options for Council's consideration to increase funds to pay
for new storm sewer construction: increase the storm drainage fees, require developer's to pay as
they develop, limit development to what the storm drainage funds can support, or implement a
storm water management fee or a trunk fee.
Mr. Nummer explained the difference between a stormwater management fee and a trunk fee and
the pros and cons for each.
Mr. Loney and Mr. Nummer asked Council for direction on which way they wish staff to pursue.
Brekke/Sweeney directed staff to continue looking into a stormwater trunk fee and to come back
to Council with a recommendation for a trunk fee and a resultant stormwater drainage fee.
Mr. Loney stated that staff will continue to work on a stormwater trunk fee and that they may
need consultant help.
Motion carried unanimously.
Mr. Voxland explained that the refuse fund is breaking even. There is no working capital and it is
necessary to continually borrow from the general fund. He suggested transferring money from the
general fund into the refuse fund for working capital or increasing the rates $0.25/month for three
years. Discussion followed. There was a consensus to increase the user fee to generate the
working capital.
Mr. Voxland explained that the Council just dealt with the recreation fund(established fees) and
that it is essentially done.
Discussion ensued on overhead costs for each of the enterprise funds.
Sweeney/Lynch moved to direct staff to make appropriate budget adjustments to get the sanitary
sewer and storm sewer funds up to $12,000 charges for general overhead and the refuse fund up
to $4,000. (No overhead will be charged to the recreation fund since it receives support from
taxes.) Motion carried unanimously.
Mr. Voxland stated that there was no dead line requiring discussion and action on the new
investment policy. Council did not discuss the new investment policy at this time.
l? i
Mayor La rent jo ed the meeting at 6:40 P.M.
'th Cox, ity Cle ecording Secretary
Volume 2, Number 3 November 30, 1995
Construction Update7
1114Dir
CSAH 16
SCOTT COUNTY
HIGHWAY DEPARTMENT
•
1995 CONSTRUCTION ENDS
Project Limits Work Completed
The 1995 `construction operations are Scott County has completed regrading,
limited from Vierling Drive to County storm sewer, curb and gutter and bituminous
Road 83. The 1996 construction operations pavement except for the final bituminous
are between CSAH 17 Marschall Road tb layer on CSAH 16 from CR 83 to the
Vierling Drive. This is a total street Shakopee Bypass. Mn/DOT has completed
reconstruction project, including underground regrading, storm sewer, curb & gutter and
utility work, storm sewer, curb & gutter, some bituminous pavement in the Shakopee
traffic signal revisions, and sidewalks. Bypass area. Scott County has completed
° e° regrading, storm sewer and some bituminous
•
°•° • ° 1 pavement to provide for a roadway surface
° °° <1,.@----'77until next years construction season.
— If
• •:° °;� , ° ■22% of storm sewer installed
•-r''� ■19% of storm sewer manhole
tt• eiv" 'tet» structures constructed
, ■ 17% of the curb & gutter
Schedule = - '� �_= installed
• 13% of bituminous has been
The reconstruction of CSAH 16 by the placed
Scott County Highway Department was
suspended for 1995. Construction of the
remaining roadway will be performed during
the 1996 construction season. The City of This is the last Construction Update you
Shakopee's utility construction will continue will receive until construction resumes in
into December. If you have any questions the spring. THANK YOU FOR YOUR
regarding this work please call the City of COOPERATION!
Shakopee (445-3650).
IS
Memo To: Dennis Kraft,City Administrator
From: Paul Bilotta,Planning Director
Meeting Date: December 19, 1995
Re: "Mr.Disney's Neighborhood"Article
NON-AGENDA INFORMATION
Councilmember Beard and Councilmember-elect Zom both brought the attached article
to the attention of staff as a piece that has the potential to be applicable to Shakopee.
Although the Disney name and extensive financing creates the impression that this is a
brand new concept,most of the Disney ideas were rediscovered by the "neo-traditional"
planning movement of the 1980's and even more significantly were developed by the
early founders of the country's historic, older cities, including Shakopee. In fact,with
the approval of the Downtown Revitalization report in 1984 and the subsequent
development of programs and plans to implement this document, Shakopee has already
taken many important steps that mirror what the Disney Corporation is attempting to
recreate including the following(in no particular order):
1. Streetscape Improvements: The City has spent significant resources over the last
decade or so to improve the general appearance of the public areas of the
Downtown and increase the attractiveness to pedestrians.
2. Traffic Flow: The City has recognized that maximizing traffic flow through the
Downtown is in conflict with the Downtown's need for promotion of non-
motorized
onmotorized forms of transportation(pedestrian/bicycle, etc.). With the
construction of the Mini-Bypass project, the Downtown has been protected from
these impacts.
3. Utility Undergrounding: As mentioned in the article, it is important that modem
utility services need to be provided to the structures in a way that does not detract
from the visual appearance or pedestrian scale. The utility undergrounding
project has resulted in a significant visual improvement as well as the upgrading
of electric service to the Downtown.
4. Riverfront Plan: Last year,the City Council and Community Development
Commission(with support from other boards and commissions)worked with a
1
consultant to develop the Riverfront Plan. This concept plan is attempting to take
advantage of the under-utilized river resource, create functional public open
spaces (one of the weaknesses of the Shakopee Downtown) and create a
connection between the Riverfront and the Downtown. This connection was also
recognized in the Mini-Bypass construction which included a pedestrian
underpass to allow easy transit between the Downtown and the Riverfront. The
implementation of the Riverfront Plan is still in its infancy,however,Public
Works did do some preliminary cleanup,regrading and seeding of the area in the
fall.
5. Sense of History: The Community Development Commission has dedicated a
large amount of time this year to attempt to improve the understanding of the
City's history, particularly as it relates to the Downtown and the overall impact
on promotion of the sense of community in the City. Staff and the CDC have
also been working with Murphy's Landing to identify joint efforts that could
increase activity at both the Landing and the Downtown.
6. Bicycle Traffic: The City has a significant opportunity to leverage bicycle traffic
as a way of expanding customer traffic to the Downtown since the DNR trail
currently runs alongside the river(and will eventually be extended eastward) and
the Scott-Hennepin trail will be constructed along the piers of the old Downtown
Bridge.
7. Facade Improvements: The City has had a Rehab. Grant program in place for
many years that has provided seed money for businesses that improve/upgrade
the building facades in accordance with a set of architectural standards. These
grant applications and design concepts are then reviewed by the CDC and
eventually go before the City Council for approval. This program appears to
have been particularly successful over the last 18 months with a large number of
grants coming in over the last 18 months. An architect was also hired in 1991 to
evaluate the redevelopment potential of 10 blocks in the Downtown Area. The
architect's work has served as a model for many of the building improvements in
the Downtown.
2
8. Activity: The Downtown currently has a lot of healthy elements including
evening customer traffic. Special event traffic was enhanced in 1995 when the
Derby Days celebration was moved to the Downtown.
On most of these projects, it should be emphasized that although significant public
expenditures occurred, little could have been accomplished without the cooperation,
support and financial resources of the private sector as well.
There are also a number of things that could be done in the future to further enhance the
positive efforts that have previously occurred in the Downtown. A small list is as
follows (again, in no particular order):
1. Bicycle Traffic: The Downtown currently does not provide a lot of the resources
necessary for taking full advantage of bicycle traffic, including the provision of
secure places for bicycle storage. Another concept that Councilmember Beard
has advocated is the development of a package delivery service so that bicycle
riders could lock their bicycles up, take advantage of the shopping opportunities
in the Downtown and then have their packages sent to their homes (or another
convenient location). This would greatly improve their buying capacity, since
there is very little that can be conveniently purchased and then transported on a
bicycle.
2. Control: The Disney concept refers to maintenance of tight control, including
ownership of many elements in the Downtown. This is one area that can be a
two-edged sword. It is useful to have some sort of a coordinating group in a
Downtown area for development of programs that benefit a number of
businesses, including joint promotions,programs such as the package delivery
service, etc.,however, if the control is too rigid, there is a risk of destroying the
entrepreneurism and individualism that is critical for the maintenance of a vital
atmosphere. Currently, an informal Downtown Business Group does exist. The
group has worked together on several joint marketing activities and holiday
decorations.
3. Zoning and other regulations: The City's current regulations are not discouraging
Downtown development(as happens in some communities)however, they are
also not necessarily the most appropriate for encouraging the type of atmosphere,
3
development patterns and mixture of uses, including housing,that can ensure that
a Downtown remain vital. There are some more innovative methods that can be
utilized and both the Planning Commission and Community Development
Commission are proposing to have the topic of Zoning impacts on the Downtown
in their 1996 work programs. Staff will be able to provide guidance on some of
the innovations that could be possible.
4. Downtown Planning: Now that the large macro-level planning issues that have
dominated the City are beginning to be resolved,the current City Council has
expressed an interest in building upon that effort with more neighborhood
outreach which creates the possibility of creation of sub-area planning efforts for
resolving issues that may not have a City-wide impact, but do have a significant
impact on a neighborhood. The Downtown and the surrounding areas would
likely be areas that could benefit from this type of effort since the previous
Downtown Plan is beginning to age and there are a number of impacts that were
not known in 1984. Some quick,back-of-the-envelope planning did occur in the
last six months in relation to the Downtown Courthouse location studies,but the
timeframe did not allow for much more than a grazing of the surface.
Action Requested:
This hastily prepared information is provided for informational/idea generation
purposes. Unless directed otherwise by the City Council, it is Staff's intention to
forward this information on to the Planning Commission and CDC as well.
4
'W-SPAPER OF THE TWIN CITIES
i
Can front porches and picket fences recapture a 5��� T;'d� N
•
C1/fr.(
spirit of American togetherness?
,,z);7:;.-L,I, „-: . Di sney-'s
,, : ,. ,. . Neighb h d
A few minutes from its By Steve Berg restore the cozy Norman Rockwell .-' ,> s; ,`'' -;;-.4.-- i,
National Correspondent flavor of small town, tight ,; "'.,
Orlando resorts,Walt neighborhood •living that was lost , -s /lit E 1t
ELEBRATION, FLA. — If in the rush to suburbia that began : i �.` `�r
Disney Co.is building there is a commonly held 50 years ago after World War II ` ►_.1 J £;
longing in America,it is for and continues unabated, a rush t ;."r 1 .1 iii.,^
its first attraction for the restoration of trust,har- that emphasizes the car, the long 1t" >_
mony and togetherness that we commute, the strip mall, the cul- If �imagine we once had but some- de-sac,the front-yard garage,the =, .„
permanent residents,a how lost, an elusive something privacy fence and, increasingly, -'`—��
that social thinkers call commu- the guard gate.
utopian town called nity. As an antidote to the sterility A Minnesota twist
Some of them regard this coni- and loneliness of suburban life,
Celebration.The idea munity as a remedy for the social Celebration is not an altogether The Twin Cities area has few
ills that torment us;if only we had new idea.A"new urbanist"archi- examples of the new urban-
is to re-create the cozy, it back,we'd be OK. lecture began to sprout in the
The Walt Disney Co. has spe- 1980s, expressing itself most ism.Minneapolis'Laurel VIE
small town of the cialized in the fantasy version of notably in the new/old towns of lage,above,incorporates
community since it opened its first Seaside,on the Florida panhandle, some elements.But Local
theme park in 1955. Now, on the and Kentlands, Md., near Wash- architects and developers
American past to show edge of its Disney World resorts ington,D.C. see the movement drawing
near Orlando, Fla., it is erecting These successful retro-towns closer and are looking to get
how we can head off not another theme park for vaca- deliver a kind of shock therapy to involved in creating new
tioning but a neo-traditional town the conventional thinking about
our fearful dash for actual living. suburban design.In them,nearly neighborhoods that would
The idea is to employ architec- every assumption is turned on its come closer to being Ike Gel-
ture to capture(or recapture)this-_ head: Pedestrians, not cars, are ebration Fla.(depicted below
toward suburban ( p
lost sense of community.Disney's emphasized;parking lots are hid in an artist's conception).
new'town,called Celebration,will den;streets are narrow;strip malls
sprawl and isolation. bring back the front porch,the vil- become villages; houses are ori-
lage green,the corner store(with e.nted toward the front,encourag- `Page A17
-- apartments above), the picket_ ing residents to"take owne ship
fences,the back-yard garaged of their streets and pa .and of .- _ _ ,
alle s,tf a sidewalks,the curbside the children whoplayg e ,.:
rows of fall trees. ,
• In.short, Celebration aims to• ' Turn to CELEBRATION on A 8
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tid incrementally remake Celebration
in places like Crystal or New Hope
or in Minneapolis neighbor-
l'
eighbor-l z ' CELEBRATION from hoods,"said Bill Morrish,director
b. of the Design Center for American
t the Univer-
' , ' ' Disne hopes Celebration sty of Minnesota,rban e a"be"because the
<it •, pieces are already here."
can recapture _Amer .icabankers,The frustration,he said,is that
` ' retailers,traffic engineers
Area snovm and zoning officials have become
J lost sense qi community stuck
e n agined thinking and
ties can't
become.The hope is that Celebra-
tion will help them.
The idea is to give people a Cesar Pelli and Michael Graves. 1
^+ ' i chance to emerge from their Banc The public, "family-friendly"golf Only product available
tuaries and to reconnect with civic course offers separate tee boxes Celebration's
life.
pgreater signifi
Celebration has come to over- for men, women.and children.A cance may be its exposure of a
shadow these other efforts,if only health/wellness center is under stark contradiction in suburban
because of its size and complexity construction,as is a K-through-12 values. Americans say they want
and because of the power of the public school to be operated by cozy, neighborly, old-fashioned
Disney name.The town will grow the county,but with an infusion of communities. They marvel at
on 7,900 lush acres only a 10- Disney cash. Northfield and Red Wing, at
minute drive from Disney World. Fiber-optic cables connect Sonoma and Princeton and
Within eight years, it will contain everything,ensuring that beneath Chapel Hill, the kinds of towns
homes of various types for its Mayberry exterior,Celebration that inspired Celebration.But they
8,000 homes
of various incomes. will be a state-of-the-art place. pursue quite the opposite.
$�iilbRental apartments will start at One of its promotional displays They cherish their triple
a month, attached tow reads: Imagine how great it garages and the freedom of not
I omes at $127,000. Custom would have been to live 50 years being "too close" to their neigh-
Custom All range to$750Cust,000.All ago. . .with all the neat gear you bors.They reward their Wal-Marts
have today." to the point that mom-and-pop
r`• will be built by private developers Consideringit's $2.5 billion p p y
v, from a Disney pattern book of tra- stores wither away.They fight any
i'A". cost, Celebration may well be, in hint of encroaching
, ditional styles popular in pre- the words of Vincent Scully, the urbanism, believing mixed-use
World War II towns of the South. g that privacy
Occupancy will begin in June. Sterling professor emeritus of art and exclusivity are ultimate subur-
history at Yale University, "the ban achievements.
*.' But already streets are paved and most important thing happening "Celebration is not for eve
'4M 60-foot trees have been uprootedry-
'�' and replanted. The four-square- in architecture." one," said Robert A.M. Stern, the
block replanted.
is One reason is that Celebration, New York architect who is a prin-
block construction,wntwdesigned feverishlyby a if it works, could function as a cipal designer of the town. "But I
giant demonstration project for think a lot of Americans are frus-
Who's Who list of architects, the rest of the country.Its promise trated by the character of their res-
among them Philip Johnson, lies not so much in inspiring the idential choices.When you drive
building of other neo-traditional around,you see a suburban prod-
towns from scratch as in the uct that is being sold successfully..
x rebuilding of vacant and deterio- But it is not a product that people
r _ rating spaces in cities and older love. It's just the only product
� � AI suburbs. available."
�. t New urbanists, for example, "If people had a choice,if there
,14, , p { A.'44'^ t" salivate at the prospect of placing weren't problems with schools
intimate villages of shops,offices and other amenities,a lot of them
, ' . ��„« �" and houses in the vast parking lots would choose to live in pre-World
1s, I. , `; . of downtown Minneapolis. They War II-type neighborhoods,"Stern
1 w applaud,laud old and new suburbs, said."So,we think we're meeting a
��111t 1111 �' a �' , including St. Louis Park, Eden
deeply felt need."
fry • Prairie and Maple Grove, for sud- Apparently so. When Disney
� � x �. denly wanting neo-traditional officials opened Celebration's re-
P t i 1 i� , t '.1 ,' downtowns. They wonder if the view center in August, theywere
, 1 1 ! E ( t t='lent best future for a faltering Brook- unprepared for the tens ohou-
f
t, ; i `' utr , dale may not be as a regional mall sands of visitors who streamed
' ' ' t'' ,' ll but as a neighborhood village. through.Interest was so great that
"The realquestion is how to g
111111111/1 iiIiii.:**N1
„� . 'b5 '�'�?' � fi the company was forced to hold a
t:t,:t°1414.. , �" lottery for the opportunity to build
V ' g` ' 'i.'RJ,; ' � Celebration's first 351 homes and
rent its first 170 apartments.
On a sunny Saturday last over the past 25 years, according her in the Magic Kingdom.In New
month, 4,500 people turned out to Harvard political scientist. York, you're terrified. In Disney
on a makeshift picnic ground for Robert Putnam. In his book, World,you're merely worried.
the lottery drawing. It was pure "Bowling Alone," Putnam notes "We'll have kids throwing rocks
Disney. Bands played. Balloons wryly that Americans are bowling through windows like everywhere
soared aloft.Vendors sold snacks. as never before but that member- else and neighbors who won't get
Green-shirted Celebration execu- ship in leagues has fallen by 40 along,"said Mark Paris, Celebra-
tives circulated among a cheerful percent since 1980. tion's sales director, trying to
crowd of young families and The ascendence of a market make utopia seem more ordinary.
retirees seeking to become the mentality also has ripped at the. But future residents hope lie's
town's first residents. Disney's heart and spirit of community. wrong. "I like the idea that from
only disappointment was that,
Corporations'orations relentless drive to
day one you start with a group of
despite extensive advertising in maximize profits has destroyed people who share the same atti-
the black press, nearly all were old bonds of security and loyalty, tude about living in a commu-
white. whether "downsizing" at AT&T nity,"said Kevin Banks of Orlando,
Jim O'Connor of Apopka, Fla., and 3M or the desertion of Cleve- who wants to rent an apartment
said he likes the idea of Celebra- , land by the Browns football team. above a bakery or a coffee shop.
tion because it seems safe even Consumers,too,destroy tradition "In the rest of the world,you rent a
without gates."It's more than nos- when they gravitate to malls with place and you never know what
talgia we're after," he said, refer- their vast and sterile parking lots you're really getting into . . . but
ring to his young family. "With and faceless mega-stores. this is Disney."
front porches, everybody's eyes 'People do not want to destroy Indeed, Disney's taste com-
will be on the street.You'll get to their historic town centers, but mandos will run the show in Cele-
know who belongs there and who they are rarely willing to resist the bration.Already,strict rules are in
doesn't." siren call of cheaper light bulbs and place regulating everything from
Larry and Patti Dotson from underwear,"writes Alan Ehrenhalt real estate speculation to front-
Sarasota,Fla.,were more ambiva- in his book,"The Lost City." yard clothes lines. The town will
lent. They like the traditional be governed not by an elected city
styles but dislike the relative lack Strict rules in place council but by associations of
of privacy."We wanted to live on Celebration's designers con- homeowners and shopkeepers.
the golf course," Larry said. "It's cede that they alone cannot Disney will retain ownership of all
kind of a letdown. We wanted a reverse these trends."I don't think commercial property.
view of something other than an architecture can get community to In the end,Celebration's noto-
alley behind our house." come back," Stern said. "But I riety may be its biggest threat.The
Planners rejected private golf think it can provide a setting that town without gates offers such a
course lots because they would might make it more possible." contrast to the usual Sun Belt sub-
violate the town's community Stern insists,for example,that urban sprawl that it risks becoui-
spirit.But the Dotsons see exclu- the car can be tamed. More than ing another Disney curiosity.ltcsi-
sivity as something people earn almost anyone, traffic engineers dents may discover what it feels
over time. "We worked our way have been the enemy of commu- like to live in a tourist-clogged
up,"Patti said.Now she hopes the pity, he said. Under their influ- theme park.
market will force Celebration to ence,suburbs are sterile,unheau- The ultimate irony may be that
offer more privacy as the town tiful places where human scale has a town based on the past will not
grows. been sacrificed to traffic flow.Cars have one. For all of its ersatz his-
Bowiin alone are able to sweep around corners torical flavor,Celebration cannot
Bowling rather than stopping at lights to have a genuine Civil War statue on
To presume that a dose of tra- wait for pedestrians.Vehicles of all its village green.
ditional architecture can restore sorts dominate the fronts of sub-
American community strikes urban houses. Big curbside trees
many social thinkers as whimsical, are prohibited for fear that
even for Disney. Our destruction motorists will run into them. '
of traditional towns and our mass Stern's solution?Plant the trees
exodus to insular suburbs has, anyway; place cars in back-yard
after all, been the result of pro- garages; make cars stop at stop-
found societal changes. lights.Over the objection of traffic
Consider technology.The auto- engineers, Stern insisted that
mobile, the air conditioner and downtown Celebration have traf-
television have sealed us into fic lights and on-street parking.
cocoons, hidden away from our Why?Because the country's most
neighbors.Frustration with disor- attractive old towns,from San Luis
derly schools and fear of violent Obispo to Stillwater to Coral
crime have hastened our retreat Gables,have them.
and our suspicion of one another. Perhaps the most controversial
Other social trends, however expectation is that Celebration
desirable, have weakened tradi- will contain the same ethereal
tional towns: the breakdown of ingredient that sets apart Disney's
ethnic and racial clannishness,for theme parks:the company's abil-
example,and the demise of neigh- ity to impart (and enforce) a cer-
borhood schools; the surge of taro hygienic authority and to
women into the work force and enchant people into being more
the resulting damage to informal civil than they might normally be.
networks that held neighborhoods It is the difference between los-
together. Membership in civic ing your 4-year-old child on the
associations has fallen by a fourth streets of New York versus losing
r + ,
Celebration;
';'''','.;:'14,..';',',.,.i, . Cr'', � Pt Fia.M � r: tt �
>Developed by.
Walt Disney '
f I Co.
•
/ > 7,900 acres
near Orlando,
rla.
3► Includes 8,000
apartments,
townhousesFuture • )�_ and houses for
�� • — 20,000 people.
residential �w Main roads are i
shared;most j g D. Includes state
pOyVNTOWN .4 have only two I i of-the-art
lanes. school,health
School --''\, — -,_� center,fiber-
campus i"� 3 optic network;
Park Almost all i 1 golf course,
�-.� garages open ' parks and old-
-
Future Lake "` kee Ile s' ; W fashioned
resldentia p g downtown.
driveways off !
main ctrnntc
•
`
,
fll'' ' tr
,,,,„..
.
vi r � .,,,„1. h , diAF x,
@ E
ar
v `t v s
i-t111k46,0 �(�y �ai �f1
A .cr*lit.,..i ,Il ',,, ,,, i/i.„4 i-tx.6 * -, , 44g,' ,fil i, 4, 1 , ty
-,li" it': it "„it4it 4r i'l. '''' . i t
uv. ?v 4%,
" ,('t k.
The downtown
shopping area is
laid out with on-'
street parking
and apartments'
above the stores
instead of shop
ping centers and
strip malls. '
Local architects and planners say it's only a matter of
time until someone builds a Minnesota suburban
development with small-town flavor.
By Jim Buchta and Linda Mack
Star Tribune Stuff Writers
No suburban development The 'barbs
akin to Disney's Celebration has
sprouted in the Twin Cities yet,
but baby steps are being taken
that will lead to new communi-
ties that look a lot like old ones. Ki
"If you took your camera out `, ..
to look [for examples of new ur- �.
t du
._,9 , t ,'
banism] now, you'd come up 1
pretty empty-handed," said Mi- ' ' t; ' f u ,1_� l�' ‹..4..'
chael Lander, a Minneapolis real • �.• ,, -1„.,,,,i,a =,,,,,;*.f- :,. .� . ';
estate developer and a member .. � , �� 54
' ;1.. < , t ,
of the Congress on New Urban '' v t t# T t. I /'i s , t � P i V, 'x r
ism. New urbanism is the ar- f• _ ` '' " 1 4' � �' '
chitectural movement that advo w .' hh a 4 a ' ,. q ' al t -•
� 'sI S Y�.: �4 � _ i O Ax
cates buildingnew neighbor- > f>' �
hoods that are Compact, pedestri- 'w` t - ,•::,;•:,.?-� .,w,7".•
/...1122.-
all-oriented and socially diverse1 - _ _
—like traditional towns. M t �'. .,--.r--------
One
.----- -One of the founders of new x; tit ' � =t +•-
urbanism, Andreas DuanCy, and }` " °� 1s�; ` /,'-4.;.''.•,,' T '
his Miami firm, are overseeing r...;•;.•;-•,1-11,44.k.
;, tt� ' ' 'if-r*• .f, [411, ' ", ' � .» I 1,P' ' ,
ems,the construction of Middleton - '4tt '``""�'-� s; °
Hills, a 150-acre, 350-home up- - .. :,.;
scale community near Madison, ��
E, t. '
Wis. This is as close as New Ur- � ,F x t L ' , --s'''''Z'1143.0`.,....S x--. ,i,.ar_,,, ,1'
banism has come to Minneso-
ta. Most of these new/old towns The tide may not have turned away from the suburbs,but discontent with disconnected subdivisions Is
are in the Sun Belt. growing.So is concern about the inefficient use of land.
But seeing the movement
draw closer, the Minneapolis ar-
chitectural
r chitectural firm of Mulfinger,Su-
sanka&Mahady has teamed with The new/old way
one of the Wisconsin builders.
Tim Fuller,one of the local archi-
tects, said it's a chance "to posi Cts �. �..,�
tion ourselves to get involved '---�. K 1 ,-i Fl+ r� `�t
with similar developments if they j ! t+ 1 l�' �i
happen here.,, _ p 1'`..� i u r: t 1
In Minnesota, at least two ex- r I �� '.._ 'r
amples are brewing. Developer "' A tr ' 1 1,.I I j' ' '' II
Robert Engstrom is planning a I 1r, 1 1 II i i'' , i4 1 i a
_6.1,,
226-acre development in Lake MB-=-. 1a �` ' ' I`p1' 1,0 ,t e
•
Elmo that will be within walking 1 , !.jtI i, ,r i° i3 ..,�,�
distance of the existing small mit
i �! i -= a�`� r '
downtown. t
a R I mini f'I ' a p i
"My goal is to reinforce the is I 4 - `I 11 a . A, I.
village center rather than detract N u f �' '' '„' '�' ""
from it," Engstrom said. Rather 1 1
than sprawling into the sur- /A �' - ! I M 1 `''' V
rounding countryside, the Fields '� I ''l,i' s3i i �� ; `I 4,`
of St.Croix will be built compactii ,- d
ly and will be about 1/2 mile to the y; `; 1 i 1 � '
existingtown.A pathway through `"`� '°t` -
the development will lead to the E.�' s.,
,f} j�'.? a,. a �ru" i.. r,r�"i�
existing village center with its li �, r t a:;r --a� °' , re„. 1-r� '
brary,shops and services. ; If, � ,
In Dakota County, the tradi- j '' d t. i x 't,' . Ai '. '''_ i''"
tional street grid of Farmington is ( ) t -
..;1 .f__
- ..
being expanded on the farms - .. ,
fields east of town. Sienna Corp. x.• '
is adding on to the town of 6,000 ...._�„
in such a way that the new blocks
will look more like the existing Laurel Village on Hennepin Av.In downtown Minneapolis exhibits some of the characteristics of new
town than the subdivisions urbanist communities:It combines apartments and townhouses with retail stores at street level—and
you can walk to work downtown.
spreading through the rest of Da- housing levels than the typical
kota County. Park Place, a 182- development.
acre development,will have small What's wrong with the typical
lots on narrow,grid-style streets, development?
shared open spaces,front porch- "We've segregated the various
es and pedestrian access to the uses: working. shopping. living."
heart of town. said Lander. "We've eliminated
Rodney Hardy, a principle of ;city alternative to the car. We're
Sienna Corp.,said feedback from, �,iis►iniing 21; times more land
the marketplace indicated that per household. it costs a lot to
"people were feeling trapped and service, devours resources and
isolated by the typical suburban Lias environmental conse-
sprawl where they were buying fluences. We're a highly class so-
larger lots. Because the land is clew in the suburbs. in my block
adjacent to an existing town, it party. on Humboldt Av. S., the
provided an opportunity to "ex- tenants in the $400-a-month
pand the fabric that makes the apartment and the owners of the
community rather than go out S.i00,000 houses share the re-
into suburbs and do what we do fresliinents. in the suburbs, it's a
all the time,"Hardy said. very narrow band."
A 2,000-acre gravel-mining.
area in Maple Grove could offer
the largest potential for a neo-
traditional community within the
metro boundaries. As develop-
ment of the site just�north of the
Interstate Hwy.
Hwy.694 interchange is planned,
the idea of a town center within
walking reach of a compact resi-
dential area has been discussed.
No precise plans have been
adopted, but John Shardlow of
the Dahlgren, Shardlow and
Uban planning firm said the
company has"preserved the pos-
sibility" of a new-old town.
Shardlow said the site constitutes
the biggest hunk of easily devel-
oped land within the metropoli-
tan area. So far, only one strip
commercial center has been built
on 30 of the 2,000 acres.
Lander, who helped found a
planning firm five months ago
specifically to do neo-traditional
planning, said the legal and fi-
nancial system works against do-
ing something different.
fairly
As a developer,you
accurately predict what will hap-
pen under the usual planning
scenario — how fast the Burger
King and Wal-Mart will come in
on the development pads,"Land-
er said. "In fact, I don't know of
anywhere in the metro area
where it's legal to build a 'leo-
traditional project. Zoning poli-
cies and traffic standards make it
impossible. What you see out
there is what is required."
Lander said we're likely to see
new kinds of projects with the
passage of the Livable Communi-
ties Act last year by the Minneso-
ta Legislature. In 1996, $4.6 Mil-
lion in grants will be available for
demonstration projects that are
more compact, more pedestrian
oriented and more diverse in
MEMO TO: Dennis Kraft, City Administrator
FROM: Julie Baumann, Planner I A4,
DATE: December 19, 1995
RE: Notification of Adjacent Land Uses
INTRODUCTION
City Council has directed staff to research and prepare information regarding notifying
property owners of the zoning classification and Comprehensive Plan designation for
properties adjacent to their own.
DISCUSSION
Staff has contacted the communities of Savage, Eden Prairie, Bloomington, and Prior
Lake on this issue. Only one of these four communities mentioned having a notification
process in place. The City of Savage requires that either the builder or the builder and the
buyer of a new home must sign an Acknowledgment of Surrounding Land Use Plans
(attached as Exhibit A). This document states that the property owner has been informed
that any adjacent or nearby property may have a land use classification that differs from
his/her own. The form goes on to say that it is the responsibility of the property owner to
investigate the possibility of differing land use classifications and that such information can
be obtained by contacting the Planning Department.
The signature approach (previous example) does not provide notification to individuals
that are renting (homes, apartments, or townhomes). This information is also not
provided to the second, third, and later buyers of a property. Only the original owner is
notified. This form is not a legal document, therefore this approach has little legal
enforceability.
A second approach would be an informational handout. The handout could be attached to
building permits that are issued. However, the shortcomings of this alternative are similar
to those of the signature approach. The information does not reach renters, individuals
that are moving into existing homes, or those not making some type of home
improvements to an existing structure.
Another alternative would be education of the real estate community, so it may inform its
clients when sales are conducted. Members of the real estate community, in most
instances, communicate with individuals involved in the first, second, third, and later sales
of a home. Again, this approach does not solve the issue of providing information to
renters and would only be as successful as the level of participation.
In instances of rezonings or other land use actions, some communities require that a
notification sign be placed on the property. Issues of responsibility for purchase,
installation and maintenance of the signage would also need to be addressed.
These are not the only options available for notification. There may be other alternatives
that could effectively reach these various groups.
ACTION REQUESTED
This information is provided at the request of the City Council. No formal action is being
requested at this time, unless the City Council desires to direct staff to take more action.
h:ljulie\cc\byrnotif doe
12/06/95 14:19 CITY OF SAVAGE -, 94456718 NO.423 P02
The(lty of_ ,
" '• . ' •. EXHIBIT A .
• 'Time • 1 \ •Home • ,
• ` . 1.55 .?4,,..7',.,.. Van .} .
_
1905 .., Patch • .
• .,,, - ii,,,- . . . .
.vag
.
City of Savage , •
•
• ACKNOWLEDGEMENT OF
•
• SURROUNDING LAND USE PLANS , , • •
•
I understand that property abutting or near my property may have a Iand use classification •
that differs from mine.
I further understand that it is my responsibility to determine those surrounding land use • `
relationships through the investigation of City plans for commercial retail use, collector ` • ' '
streets, county road plans, parks, and other land uses that may.affect residential'use of my
. property-
I acknowledge that an investigation of land use relationships can be accomplished by
.,
• contacting the City of Savage Planning Department with inquiries as to the land use plans for •
the vicinity of my purchase.site. '
By acknowledging my responsibility for seeking this information, I understand that I am not
forfeiting my right to take issue with City plans, but am only acting to acquire an accurate. , . .
understanding of contemplated surrounding land uses.
• Builder/Seller Date
•
Buyer Date
•
Buyer Date '
.
F:1USgRS PGRNNiNC1LANAUS8.o9! -
City of Savage •6000 McColl Drive •(County Road 16) •Savage,Minnesota 55878 .
Telephone: 611-88 .2660 •Fax: 612-882.8656 ,0.
Memo To: Dennis Kraft, City Administrator
From: Paul Bilotta,Planning Director
Meeting Date: December 14, 1995
Re: Computer System Failure
NON-AGENDA INFORMATION
Sometime between 7 p.m.December 11 and 7 a.m.December 12,the City Hall server had a significant
event due to hardware failure that resulted in a network crash that lasted for two business days. Staff
and consultant(s)worked well into evenings and early mornings to bring the system back on line.
Since June, staff has been working to reengineer the City Hall computer system and one of the primary
concerns has been the lack of disaster protection procedures. Many changes have been implemented,
however,protection from the type of hardware failure that was experienced required an upgrade to the
City Hall server.
Fortunately, as part of the City Council's recently approved computer system purchase for the Civic
Center, the City Council decided to upgrade the City Hall server and transfer the current server to the
Civic Center (where the system demands will be lighter and proper disaster protection can be put in
place with that hardware). This action allowed staff to get the new server shipped down to City Hall
within 4 hours since it had been ordered two or more weeks earlier. Had this not been available,
downtime could have been greatly increased and operations would have been even more adversely
affected.
Unfortunately, had the failure occurred next week, staff would have had the new server installed
(scheduled for weekend installation)and this event would have been barely noticeable to any users.
Although operations were greatly inconvenienced, most critical functions were still available during the
crash. Word-processing, spreadsheet and other typical tasks were transferred to a series of standalone
machines (setup this summer in case of this type of emergency) and a single print serving machine.
This involved significant relocation of a number of employees, but allowed high priority tasks to
continue to be accomplished. Critical financial operations were preserved due to the Finance Dept's
historical coordination with the LOGIS consortium and use of its disaster protection processes. Any
financial operations that were unable to be accomplished at this location were quickly rerouted to or
through the LOGIS facilities in the northern suburbs.
It appears that all data has been recovered and the system is operating normally on the new server.
With the installation of the new server,the desired disaster protection procedures are being put in place
and the reoccurrence of this event will not result in an extended system shutdown.
Monthly Project Report - Submitted by Barry Stock
December 15, 1995
Project Start Complete Status Comments
1. Perform Employee 11/1 12/1 50% Rec. Dept.
Evaluations Complete
2. City Residents Guide 12/15 1/1 70% (Nicole)
3. Complete Contract Negotiations
Sergeants 11/9 12/15 100%
4. 5 Yr. Bdlg. Maint. Plan 7/10 12/30 20%
5. Community Center Process 1993 1995
Bldg. Issues 90%
Staffing Plan (Fill FT Positions) 90%
Staffing (PT) 30%
Arena Scheduling 100%
Equip. Needs/Purchases 75%
User Fee Policies 95%
Facility Schedule 95%
Family Net Office Agreement 95%
Vending Proposal Contracts 100%
Arena Ad Sales 70%
Concession Stand Agreement 100%
Smoke Free Bldg. & Grounds Pollicy 100%
ISD 720 Facility Use Agreement 95%
Ice Time Rental and Schedule 100%
Bldg. Operation Proposals 100%
Furnishing/Fixture Assistance Proposals 100%
Opening Dedication Events and Advertising 5%
6. Blocks 3 and 4
Rehab Proposal - Old City Hall 80%
Create TIF Redevelopment District 90%
Property Acquisition 10%
Property Relocations 25%
7. City Newsletter 12/26 1/15 0% Issue #1
8. Neighborhood Meeting 1/17 ? 25%
Concept
9. Admin. Policy RE: Common 12/21 4/15 10%
Sewer/Water Line for Condo Units
10. Fire Station Siting 11/1 ? 5%
11. Bldg. Cleaning RFP's 8/8 9/15 90%
12. Non-Union Pay Plan 12/1 12/18 90%
13. Winter Rec. Dept Program Guide 11/25 12/18 90%
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MONTH END
CITY OF SHAKOPEE, MINNESOTA Average Yield= 6.57 percent
INVESTMENTS Average Maturity= 3.4 years
12/1/95 Printed 08-Dec-95
1995 12/1/95 11/30/95 PAR
INV Purchase Maturity Yield Carrying Basis Accreted Basis Market VALUE COUPON
FHLMC 06/14/93 09/15/02 6.05 1,605,029.21 1,597,392.33 1,604,726.20 1,540,000.00 6.77
FICO 02/02/93 08/03/01 6.70 1,668,328.77 1,782,588.35 1,764,850.00 2,500,000.00 NA,
USTR 02/17/93 08/15/00 6.15 1,272,054.07 1,349,351.36 1,355,785.20 1,752,000.00 NA
FHL 11/14/95 11/14/00 6.30 1,000,000.00 1,000,000.00 1,005,000.00 1,000,000.00 6.30
FHLM 08/11/95 02/23/99 6.50 502,956.25 492,139.05 498,755.00 500,000.00 4.95
FICO 11/30/92 02/03/99 6.50 901,323.27 956,399.32 948,750.00 1,150,000.00 NA
FHLM 07/15/93 11/15/98 5.25 1,195,789.33 1,255,285.44 1,185,998.50 1,450,000.00 NA.
FICO 07/15/93 11/02/98 5.24 228,096.70 239,412.44 234,900.84_ 276,000.00 NA
FNMA 09/29/93 09/28/98 4.92 1,450,000.00 1,450,000.00 1,426,510.00 1,450,000.00 4.92
FHLM 07/07/93 07/07/98 4.80 600,000.00 600,000.00 598,080.00 600,000.00 4.8
TVA 09/15/95 05/15/97 6.40 466,298.55 472,709.28 517,500.00 517,500.00 NA
TVA 06/05/95 11/15/97 5.52 1,891,076.20 1,944,205.84 1,876,733.50 2,160,045.00 NA
REFCO 08/10/95 10/15/97 6.07 999,768.64 1,019,208.49 1,030,897.51 1,139,000.00 NA
USTN 06/02/95 07/31/97 5.97 1,012,676.54 995,473.32 1,001,720.00 1,000,000.00 5.5
CP 10/26/95 03/20/96 5.87 1,465,568.33 1,473,879.42 1,465,568.33 1,500,000.00 NA
CP 11/02/95 01/30/96 5.87 1,971,767.22 1,980,966.67 1,971,767.22 2,000,000.00 NA
CP 11/02/95 01/18/96 5.79 987,722.78 992,346.67 987,722.78 1,000,000.00 NA
4-M 01/01/00 1,232.18 1,232.18 1,232.18 1,232.18 None
_Norwest 01/01/00 547.460.52 547.460.52 547,460.52 547.460.52 None
Total 19,767,148.56 20,023,957.78 22,083,237.70
I
145 University Avenue West
League of Minnesota Cities
St. Paul, MN 55103-2044
December 15, 1995
To: Mayors -LMCIT member cities
From: LMCIT Board of Trustees
Sig Stene,Mayor,Lindstrom Bob Richter,City Council,Mankato
Karen Anderson, Mayor,Minnetonka Jim Antonen, City Manager,Moorhead
Jim Miller,Executive Director,LMC
Re: Property/casualty program dividends
As you know,the LMCIT property/casualty program is returning$8.8 million to member cities
as a dividend this year. We've enclosed some charts showing what your city's share of the
dividend is, how that compares with your premiums, and what your city's past premiums and
dividends have been.
The amount of each city's dividend depends on the city's total premiums and losses for all its
years of participation in LMCIT. The longer you've been a member and the more successful
you've been in avoiding losses,the greater your city's dividend. We've sent detailed
information
to your city staff to your city's agent, showing how your city's dividend was calcu
This is the ninth consecutive year the property/casualty program hareturned
fromivide dividend.
to 9t the
same time, LMCIT's premium rates have actually decreased.
the total premiums members paid to the LMCIT property/casualty program increased 15.5%-
just over 2%per year. (That's premiums before dividends.) Over that same period
• The value of covered property increased more than $1.4 billion-over 60%.
• The number of covered vehicles grew by 2600 - a 20% increase.
• Member cities' expenditures increased 57%.
• LMCIT added new coverages and coverage options to better protect cities and city
w ydofficials in
important areas like employment liability,underground tanks, open meeting
se,and
joint powers,to name just a few.
- OVER-
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
(612)281-1200 (800)9254122
TDD(612)281-1290 Fax(612)281-1299
It's really quite a remarkable success story,
the member cities. Your success in reducing and avoiding claims and losses is ass goes toy yo -
nt
to enable LMCIT both to keep the initial cost to you down and to return unneeded kfundsyou
in the form of dividends. In an era when we're regularly urged by the governor and legislature to
find ways to reduce costs by cooperating, LMCIT is an excellent example of what cities have
already accomplished cooperatively.
But we can't stop just yet.-Claims related to employment continue to make up a significant
of our total liability costs over$2 million a year. Cities have already made some progress in
reducing the numbers and costs of those claims, but there's still a ways to go.
In January, we'll be sending each city a video tape which we hope will help city officials better
recognize and avoid some potential problems in employment that can lead to claims. (Some of
you saw this video at the League's fall regional meetings.) We'd ask you to set aside fifteen
minutes at council meeting to view this video. And as always, feel free to call the League staff
for help with employment issues or any other questions you may have.
But while we still have some issues to work on, it's also important to stop once in a while and
recognize what cities have accomplished by working together through LMCIT. LMCIT is your
organization, and its success is your success. Congratulations!
League of Minnesota Cities Insurance Trust
Property/Casualty Program
SHAKOPEE
Premium and Dividend History
$250
1:044
$200 % ' Ara AK A
$1501
~ 0,
$100
r
" I:4 /, oft: , , t" „, ,s,/, to: 6.4
$50
0 , ,, , ;
a. mullol •, 1'9'2 ••'4 1 �, Y�
•remiums 1 :4 iE iE _ a iE , , 1• ,
I w.en.s
SHAKOPEE
Premiums and Dividends since 1987
$2,000 ,,
• i
$1,500 l',
, , $1,555,391
c
o $1,000 ,41 44 1 3
y� ,fie
$500 n ' $374,147
$0
Premiums Dividends
- w
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE,MINNESOTA NOVEMBER 21, 1995
Mayor Laurent called the meeting to order at 7:00 P.M. with Cncl. Brekke, Beard, Sweeney, and Lynch
present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator;
Karen Marty, City Attorney; Judith S. Cox, City Clerk; Paul Bilotta, Planning Director; and Bruce Loney,
Public Works Director; as well as Jeff Henderson, Mayor-Elect; Jane DuBois, Councilor-Elect; and Clete
Link, Councilor-Elect.
Items added to the Agenda: 13a) Resolution Canceling the Public Hearing for Vierling Drive, from
County Road 15 to Presidential Lane. 14) Addition of personnel matters to the executive session.
Items deleted from the Agenda: 12c) Awarding Bid for Mill Pond Water Quality Pond Project No. 1995-
7.
Brekke/Lynch moved to approve the Agenda as modified. Motion carried unanimously.
Liaison reports were given by Councilmembers.
Mayor Laurent gave the Mayor's report.
Mayor Laurent asked if anyone present would like to speak on any item not on the Agenda.
Beverly Koehnen, 2036 County Road 83, approached the podium and requested item 11a) be removed
from the Consent Agenda.
Items added to Consent Business: 13a) Resolution Canceling the Public Hearing for Vierling Drive, from
County Road 15 to Presidential Lane, Project No. 1994-7.
Items removed from Consent Business: 8) Vicki King request for fund-raiser/raffle. Ila) Approval of the
renewal of and amendment to Conditional Use Permit No. PC-376 for Fischer Aggregates, Inc. 11b)
Livable Communities Act Housing Goals. 12h) Amending Design Criteria and Standard Specifications for
Roadway Construction.
Sweeney/Beard moved to approve the Consent Business as modified. Motion carried unanimously with
Mayor Laurent abstaining from 12f) Res. No. 4348, Apportioning Assessments for Orchard Park First
Addition.
Sweeney/Beard moved to approve the Minutes of November 8, 1995. (Motion carried under Consent
Business).
A discussion ensued relating to the request of the City to donate a Civic Center family membership to the
All Night Graduation Party Committee for their fund raiser/raffle. The discussion focused on the concerns
for the use of taxpayer funds and setting precedence.
w
Official Proceedings of the November 21, 1995
Shakopee City Council Page -2-
Beard/Brekke moved to direct staff to prepare a policy on the use of taxpayer funds to donate family
memberships to the civic center for discussion at the Park and Recreation Board for recommendations to
the next City Council Meeting. Motion carried unanimously.
Mayor Laurent opened the Public Hearing for proposed assessments for the alley improvements in Block
51, 1994-14.
Bruce Loney stated all but one property owner had petitioned for the alley to be reconstructed and paved.
The project has been completed and the alley construction costs are assessed 100 % to the property owners.
The final project costs are $8,828.02 with a per front-foot assessment of $14.71. The feasibility report
estimated project costs were $5,775.00 with a per front-foot assessment of$9.63. The higher cost is due to
the higher than usual 25% of the estimated construction costs that are used for engineering and
administration costs. A letter of appeal of assessment was also received from Dennis Anderson.
Judith Cox explained the options for paying the special assessments and stated the project will be assessed
with an interest rate of 8%. In addition, a deferment policy for senior citizens, to be able to remain in their
homes and not be displaced because of special assessments was explained. She also explained the appeal
process.
Mayor Laurent asked if anyone present wished to speak on this issue. Having no response, Mayor Laurent
closed the public hearing.
Beard/Lynch offered Resolution No. 4340, A Resolution Adopting Assessments for the Improvements to
the Alley in Block 51, Original Shakopee Plat, Project No. 1994-14 and moved its adoption. Motion
carried unanimously.
Mayor Laurent opened the Public Hearing for proposed assessments for improvements in the P & V
Additions, 1995-5.
Bruce Loney explained the City had entered into an agreement with the township to limit assessments to
$8,000. per lot on those properties who signed a waiver of appeal of assessment. Thirty-four of 35
property owners signed the waiver. The remaining lot is the Minnesota Department of Transportation lot.
The total project costs are $413,633.80, of this amount $287.330.82 will be assessed. This amount will
change with the acceptance of the Rowan's waiver received today. $5,344.52 will be funded by Shakopee
Public Utilities Commission for oversizing costs and $120,958.47 will be funded by the City with the
Capital Improvement Fund, which will increase with the addition of the Rowan's waiver.
Mayor Laurent asked if anyone present wished to speak on this issue.
411
Official Proceedings of the November 21, 1995
Shakopee City Council Page -3-
John Collins, 109 E Mound, approached the podium. He stated waivers were signed in May, 1994 and the
project began in July, 1995. He understood when the waivers were signed, what the prices for sewer and
water access were at that time is what he would be charged. He noted that the fee has been increased and
stated the additional$600.00 is not right.
Bruce Loney explained the changes that occurred due to the sewer and water access charges, stating the
access charges increase annually, and$200.00 is attributed to the Metropolitan Council.
Lavonne Doll, 110 E Mound, approached the podium and stated various people putting in City sewer and
water hook-ups in surrounding areas have received permits which are lower.
Bruce Loney stated he believed the charges are close to Prior Lake charges, and the cost is usually around
$2,000.
John Vollmer, 246 E Sand St., approached the podium and asked if there is a guarantee on the tar work
done on his driveway.
Bruce Loney stated there is a one-year warranty and a warranty inspection will be done.
Mayor Laurent asked if anyone wished to speak on this issue. Having no response, the public hearing was
closed.
Lynch/Sweeney offered Resolution No. 4341, A Resolution Adopting Assessments for P & V Addition
and P &V 2nd Addition, Project No. 1995-5 and moved its adoption. Motion carried unanimously.
Mayor Laurent .opened the Public Hearing for proposed assessments for Downtown Streetscape
Improvements, Phase II, 1993-12.
Bruce Loney explained the project has been completed. The total project costs are $568,609.23. The total
amount being assessed is $58,425.67. Of this amount, $22,634.80 is for sewer service replacement and one
water service replacement, which are assessed 100% to the property owners. The remaining assessment of
$35,790.87 is for street assessments. The feasibility report estimated $52,579.00 to be assessed.
Because the square footage amounts in Block 3 &4 did not take into account the right-of-way purchase for
the Mini-Bypass the assessment roll was revised. The same method in calculating assessments for each
property is the same method used for previous Downtown Streetscape Projects to compensate for irregular
and odd shaped lot sizes.
Mr. Loney gave a brief cost breakdown of the project and stated Joseph Sullivan, Wen En Xian, and Jack
Brambilla have indicated they will be appealing their assessment.
•
Official Proceedings of the November 21, 1995
Shakopee City Council Page -4-
Mayor Laurent asked if anyone present wished to speak on this issue.
Terry Hennen, Sports Stop, approached the podium and stated his property is on the corner and he
understood he was not to be assessed on both sides. He asked that this be researched.
Mayor Laurent asked if anyone wished to speak on this issue. Having no response, the public hearing was
closed.
BrekkelSweeney offered Resolution No. 4342, A Resolution Adopting Assessments for the Downtown
Streetscape, Phase II, Project No. 1993-12 and moved its adoption, with direction of staff to look into Mr.
Hennen's request. Motion carried unanimously.
Mayor Laurent opened the Public Hearing for Proposed Annexation of Marymark Cemetery and Other
Property.
Karen Marty explained when the land was annexed to the southeast of the cemetery it was annexed based
on legal description and eliminated certain strips. She stated that this is a clean up matter and that it was
brought to the City's attention by the County. Notices have been sent and no comments have been
received.
Mayor Laurent asked if anyone present wished to speak on this item. Having no response, the public
hearing was closed.
Beard/Brekke offered Ordinance No. 439, An Ordinance Declaring Land To Be Annexed To The City,
and moved its adoption. Motion carried unanimously.
Mayor Laurent opened the Public Hearing for Proposed Assessments for the Alley Improvements in Block
48, 1994-1.
Bruce Loney explained the alley construction is 100% assessed with the storm drainage work to be funded
by the Storm Drainage Utility. The project costs are $25,617.20. Of this amount $9,463.93 will be
assessed. The original mailed notices indicated an assessment of $1,271.75 per 60' lot. The quantities
were reviewed and it was discovered that the parking lot quantities should have been put into the downtown
project. The revised assessment is$946.39 per 60' lot.
The feasibility report estimated $632.50 for a 60 foot frontage lot. The cost difference was attributed to
higher actual construction costs. The higher costs were attributed to the lateness in the year when the
project was bid. This project was bid along with the Downtown Streetscape Project.
A discussion ensued as to whether the legal description was in excess of the possible front footage for Emil
Kubiszewski.
Official Proceedings of the November 21, 1995
Shakopee City Council Page -5-
Bruce Loney stated he will look into the matter and follow up.
Mayor Laurent asked if anyone present wished to speak on this issue.
Frank Schneider, 127 W 4th, approached the podium and stated he was under the impression he was
always assessed at 25% and feels the original$632.50 should remain.
Mayor Laurent stated street re-construction is assessed at 25%.
Mr. Schneider identified other projects that he was assessed for in recent years and questioned how this was
decided to be assessed.
Mayor Laurent explained there are different policies for different projects. The alley policy is uniform for
all alleys.
Ray Siebenaler, 119 4th Avenue W, approached the podium and asked for clarification as to whether he
pays quarterly into the Storm Sewer fund, and why it was not used in the alley. He also asked what the
total cost of the project is.
Bruce Loney explained it was used in the alley and only the blacktopping of the alley is being assessed. The
total cost of the project is$25,617.00.
Mr. Siebenaler stated he felt he should be credited for the limited use of the alley because of the future
demolition by the county for the courthouse..
Mayor Laurent explained Mr. Siebenaler would be reimbursed for the value of the alley when the property
is sold.
Frank Schneider approached the podium and asked if Block 48 was included in the 1st Avenue (downtown
project) and whether the assessment was the same as for the alley footage.
Mayor Laurent stated that the alley in Block 48 and the downtown streetscape projects were bid together to
get better prices but that the costs for the two projects were separated and assessed according to the
assessment policy applying to each property.
Mayor Laurent asked if anyone present wished to speak on this issue. Having no response, the public
hearing was closed.
Brekke/Beard offered Resolution No. 4343, A Resolution Adopting Assessments for the Improvements to
the Alley in Block 48, Original Shakopee Plat, Project No. 1994-1, with direction for staff to look into the
Nortin and Kubiszewski properties, and moved its adoption. Motion carried unanimously.
Official Proceedings of the November 21, 1995
Shakopee City Council Page -6-
Sweeney/Beard offered Ordinance No. 436, Fourth Series, An Ordinance Of The City Of Shakopee,
Minnesota, Amending Ordinance No. 418, An Ordinance Rezoning Land To Planned Unit Development
Overlay Zone No. 4, By Approving A Revised Site Plan And Requiring An Additional Easement, and
moved its adoption. (Motion carried under Consent Business).
Sweeney/Beard offered Ordinance No. 433, An Ordinance Of The City Of Shakopee, Minnesota,
Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Commonly Known As
The Minnesota Valley Health Campus From B-2 To Planned Unit Development Overlay Zone No. 6, and
moved its adoption. (Motion carried under Consent Business).
Cncl. Lynch asked for clarification as to the location of the property near County Road 42 where the City
has received a request for an amendment that would add the retail sales of nursery and garden supplies as a
conditional use within the rural residential zone, and expressed concern for the possibility of allowing retail
sales and changing the nature of the corner.
Paul Bilotta explained that the amendment would allow limited retail use and the goal is not to allow the
area to develop into a retail corner.
Beard/Sweeney moved to direct staff to prepare the appropriate ordinance to amend Section 11.24, Subd.
3, to allow the retail sales of nursery and garden supplies as a conditional Use within the Rural Residential
(RR) Zone. Motion failed unanimously.
It was noted that the Planning Commission recommended denial of the text amendment and that it also
initiated the rezoning of the 40 acre site owned by the applicant and that no further action was needed by
the City Council at this time.
Sweeney/Beard offered Ordinance No. 434, Fourth Series, An Ordinance Of The City Of Shakopee,
Minnesota, Amending Ordinance No. 377, Which Adopted A New City Code Chapter 11, Zoning, By
Amending Sec. 11.02, Definitions, By Adding One New Definition, Retail Center; By Amending Sec.
11.36, Highway Business Zone (B-1), Repealing Subd. 3, Conditional Uses, by Adding One New
Paragraph And Changing The Minimum Lot Size; By Amending Sec. 11.60, Performance Standards,
Subd. 8, Landscaping Requirements, By Adopting One New Paragraph; And By Amending Sec. 11.87,
Conditional Use Permit Standards For Business Zones, By Adding One New Paragraph Relating To Retail
Centers, and moved its adoption. (Motion carried under Consent Business).
Sweeney/Beard offered Ordinance No. 435, Fourth Series, An Ordinance Of The City Of Shakopee,
Minnesota, Amending City Code Chapter 11, Zoning, By Revising The Design Standards In All
Residential Zones, and moved its adoption. (Motion carried under Consent Business).
Official Proceedings of the November 21, 1995
Shakopee City Council Page -7-
Beverly Koehnen, 2036, County Road 83, approached the podium and stated if the proposed Resolution
(CC-713) is approved it would extend the Fischer's mining operation to October 7, 2012. It is slated to
end in 2005. Referring to the original Conditional Use Permit No. 376, she requested staying with the 17
years as laid out in condition 19 of the permit.
Paul Bilotta stated in relation to the number of years of operation, the Board of Adjustment and Appeals
was polled as to what each member's recollection was as to what date they had intended to extend the
operation and the result was a split vote. All the assumptions of the Environmental Assessment Worksheet
at that time anticipated an extension of the time to 2012, Fischer has been operating under that assumption.
It may not be possible to mine what is expected within a shorter time frame.
A discussion ensued relating to the sequence of events leading up to this point in time.
Cncl. Lynch stated she did not believe the appropriate process for a Conditional Use Permit time extension
was followed.
Jerry Duffy, Fischer Aggregates, approached the podium and stated the Environmental Assessment
Worksheet (EAW) is not designed to set standards for the City. The EAW process looks at the maximum
that we could do and the environmental impact of it. He stated the application and information provided
was clear as to Fischer's intent for the increased area of operations. He stated the period of time requested
allows enough time to complete the project and Fischer is willing to accept the Council's decision as to
what the time frame ought to be in order to get on with their business.
A discussion ensued relating to the unclear interpretation of the Board of Adjustment and Appeals, and
what others would be required or allowed to do.
Karen Marty stated the Council may modify the conditions of the Planning Commission or create new
conditions addressing the same issues. There is nothing to prevent the City Council from making
adjustments to the Planning Commission's action. The Council may also rule the Planning Commission
erred in not specifying a start date.
Brekke/Lynch, in light of the error in no start date being identified, moved to remand the Fischer
Aggregates request to extend the time of their CUP to the Board of Adjustment and Appeals for
clarification as to a start date.
Paul Bilotta requested remanding this issue back to the Board of Adjustment and Appeals because they
initially ruled on this, and asked for an understanding of the type of notice to be given. There was a
consensus of the City Council that a public hearing be held on amending the original conditional use permit
to extend the time for the mining operation and that the customary notification be given.
Official Proceedings of the November 21, 1995
Shakopee City Council Page -8-
Jane DuBois, 1305 6th Avenue, approached the podium and stated that when this issue (clarification of the
start date for the time extension of the CUP) was brought to the Board of Adjustment and Appeals it
appeared to require a legal opinion. She stated that the Board did not discuss the amendment to the time
issue when they considered the renewal of the CUP.
Mayor Laurent stated because a time frame was not discussed, there must be a process to determine
whether to extend the time on the operation, which may require a full public hearing. The Board will deal
solely with the time element.
Motion carried unanimously.
A recess was taken at 9:14 P.M.
The meeting re-convened at 9:29 P.M.
Lynch/Sweeney moved to authorize the appropriate City officials to execute the documents approving the
City of Shakopee's housing goals for the Metropolitan Livable Communities Act Local Housing
Incentives Program as shown in Table 1 of the memo from the Planning Director to the City
Administrator, dated November 21, 1995 (CC Document#232). Motion carried unanimously.
Sweeney/Beard moved to authorize the proper City officials to execute contracts for the renewal of
employee group health insurance coverage with Blue Cross Blue Shield of Minnesota. (Motion carried
under Consent Business).
Sweeney/Beard moved to approve Bills in the Amount of$2,094,017.33. (Motion carried under Consent
Business).
Sweeney/Beard moved to authorize the appropriate City officials to execute the surveying services
proposed for Maras Street at a cost not-to-exceed $1,400.00. (Motion carried under Consent Business).
Bruce Loney stated John Boegeman is requesting reimbursement from the City on extra costs incurred due
to connecting to City utilities sooner than anticipated because of a disturbed drainfield in the City's
right-of-way. In accordance with City Code, if substantial damages occur the property owner is required
to connect to City sewer and water lines if available. Mr. Loney explained the chain of events surrounding
Mr. Boegeman hooking up to the City utilities.
John Boegeman, 311 East Sand Street, approached the podium and stated U.S. West had reimbursed him
$450.00 for damages. He explained the City contractor had disconnected a line, making the drainfield
useless. He is requesting reimbursement of lost interest from expenditures in connecting to City sewer and
water which is estimated at $4,000.00 and for City sewer and water bills for three years. He stated he felt
he had no choice but to connect to City sewer and water due to the time of year and the denial of a permit
to U.S. West to correct the problem.
Official Proceedings of November 21, 1995
Shakopee City Council Page -9-
Dennis Kraft stated the problem arose because the drainfield was constructed on City right-of-way.
A discussion ensued relating to whether Mr. Boegeman's permit allowed him to install the drainfield in the
City right-of-way.
Bruce Loney explained in other instances where drainfields were in the right-of-way, the City has made a
point to restore the private sewage systems to the extent possible during the construction of City
improvements in this area.
A discussion ensued relating to the benefits of City sewer and water and Mr. Boegeman was encouraged to
compare the costs of the old system and the new system with interest costs and the escalating cost to hook
up at a later date.
Brekke/Sweeney moved to direct staff to enter into a reimbursement agreement with Mr. John Boegeman
for sewer and water bills up to three years and lost interest on three years from expenditures related to
connecting to City sewer and water lines. Motion failed unanimously.
Sweeney/Lynch moved to adopt Resolution No. 4349, A Resolution Of The City Of Shakopee, Minnesota,
Directing the Mayor to Appoint A Subdivision Regulations Review Committee, and moved its adoption;
and to seek recommendations for appointment to this committee from the Mayor elect. Motion carried
unanimously.
Sweeney/Beard moved to authorize the appropriate City officials to execute a janitorial service agreement
with Pride of the Twin Cities for the Shakopee Civic Center at a cost not to exceed $16,140.00 per year.
(Motion carried under Consent Business).
Barry Stock stated five candidates for the Assistant Facility Manager/Recreation Programmer position have
been selected and staff is seeking direction from the City Council regarding the appointment to this
position.
Sweeney/Beard moved to table the appointment of an Assistant Facility Manager/Recreation Programmer
until the January 2, 1996 meeting to allow the in-coming Council to participate in the decision. Motion
carried unanimously.
Sweeney/Beard offered Ordinance No. 432, An Ordinance Of the City of Shakopee, Minnesota, Naming
the Extension of the Existing Fuller Street Located South of 10th Avenue as "Fuller Street", and Renaming
the Portion of this Extension that is Currently Named Koeper Avenue (CR 77) to "Fuller Street", and
moved its adoption. (Motion carried under Consent Business).
Sweeney/Beard offered Resolution No. 4345, A Resolution Setting the Public Hearing Date to Consider
the Vacation Of A Portion of the Drainage and Utility Easements Dedicated With Valley Park 6th
Addition, and moved its adoption. (Motion carried under Consent Business).
Official Proceedings of the November 21, 1995
Shakopee City Council Page -10-
Sweeney/Beard offered Resolution No. 4344, A Resolution Receiving A Report And Calling A Hearing
On The Improvement Of 17th Avenue And Sarazin Street Project No. 1996-1, and moved its adoption.
(Motion carried under Consent Business).
Sweeney/Beard offered Resolution No. 4335, A Resolution Of The City Of Shakopee, Minnesota,
Approving Premise Permit For The American Legion Post #2, and moved its adoption. (Motion carried
under Consent Business).
Sweeney/Beard offered Resolution No. 4348, A Resolution Apportioning Assessments Among New
Parcels Created As A Result Of The Platting Of Orchard Park First. Addition, and moved its adoption.
(Motion carried under Consent Business with Mayor Laurent abstaining).
Sweeney/Beard offered Resolution No. 4347, A Resolution Certifying Delinquent Storm Drainage Utility
Bills For Collection On The Tax Rolls Payable 1996, and moved its adoption. (Motion carried under
Consent Business).
Bruce Loney stated the main policy issue for constructing Sarazin Street is the street width. Sarazin Street is
designated as a collector street in the Comprehensive Plan. The feasibility report recommends constructing
Sarazin Street as a 36 foot wide minor collector street with parking on one side. The question to be decided
is the proper use of the street.
Mr. Loney stated that the Council could delay acting on an exception to the City's design criteria so that
the Subdivision Review Committee could address street widths. Maybe they could discuss them first.
Sweeney/Lynch moved to direct the City's Design Criteria and Standard Specifications to the Subdivision
Review Committee for its earliest attention. Motion carried unanimously.
Sweeney/Beard offered Resolution No. 4351, A Resolution Canceling the Assessment Hearing for Vierling
Drive, from County Road 15 to Presidential Lane, Project No. 1994-7, and moved its adoption. (Motion
carried under Consent Business).
Mayor Laurent recessed the meeting at 10:23 P.M. for an executive session to discuss matters permitted
under attorney-client privilege, labor negotiations, and a personnel matter.
Mayor Laurent re-convened the meeting at 11:05 P.M. and stated that no action was taken during the
executive session.
Mayor Laurent adjourned the meeting to November 29, 1995 at 7:00 P.M. The meeting was adjourned at
11:0 ^'.
cCk
J th S. Cox, City lerk
er TenEyck, Recording Secretary
w
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE,MINNESOTA NOVEMBER 29, 1995
Mayor Laurent called the meeting to order at 7:03 P.M. with Councilmembers Beard,
Sweeney, and Lynch present. Cncl.Brekke was absent. Also present: Dennis R. Kraft,
City Administrator;Barry Stock, Assistant City Administrator;Judith S. Cox, City Clerk;
Gregg Voxland, Finance Director; and Bruce Loney;Public Works Director/City Engineer;
as well as Jeff Henderson, Mayor-Elect;Jane DuBois, Councilor-Elect; Clete Link,
Councilor-Elect; and Burl Zorn, Councilor-Elect.
Lynch/Beard moved to approve the Minutes of November 14, 1995. Motion carried
unanimously.
The following items were added to the agenda: 4a)Downtown Streetscape Project, 4b)Ice
Arena Open Skating Time, 4c)Commendation for Officer Chris Dellwo.
Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously.
Mayor Laurent opened the public hearing on the 1996 tax levy and budget.
Mayor Laurent explained that this hearing is in conformance with the truth in taxation
legislation which we are bound to abide by. Mayor Laurent explained that Councilor
Sweeney will be making the presentation and thanked him for doing so.
Councilor Sweeney explained that he will try to do three things: discuss the budget, discuss
the tax that supports the budget, although not entirely, and show how this translates into tax
on a particular piece of residential property.
Cncl.Sweeney approached the podium and used handouts and pie charts which were shown
on the TV monitors in the council chambers and to the viewing audience who may be
watching on cable television.
Cncl.Sweeney reviewed the general fund budget summary for 1995 and 1996 and identified
the various expenditures in broad categories i.e.: public safety, public works, recreation,
general government and miscellaneous. He noted that since we get back less than we put in
for fiscal disparities that this reduces our carry over of the fund balance.
Cncl.Sweeney reviewed the general fund budget summary identifying the various
departments: Council, administration, clerk, finance, legal, planning, police, fire, inspections
engineering, etc.
Using pie charts, Cncl.Sweeney identified the various general fund operating revenues for
1996 from licenses and permits, taxes, charges for service, and intergovernmental as well as
the general fund operating expenditures for public works, recreation, general government,
Official Proceedings of the November 29, 1995
Shakopee City Council Page -2-
public safety and miscellaneous.
Cncl.Sweeney identified the general fund operating expenditures budgeted for 1996 by
percentage for: Supplies& Services- 35%, Capital Equipment- 1% Transfers out-4%and
Wages-60%.
Cncl.Sweeney explained how the budget and tax levy is translated into the tax dollars that
one has to write a check for and send to the county treasurer.
Cncl.Sweeney explained how the tax dollar is spent for the various taxing jurisdictions:
county-33%, school district-46%, city- 17%, and miscellaneous-4%.
Cncl.Sweeney stated that the net amount of taxes being spread for 1996 is dropping. There
is a drop in fire pensions and in the proposed levy for debt service from the initial proposed
amount certified to the County auditor on 9/15/95. He explained debt service levies and
why the Council sometimes puts debt service payments into the general fund so as to
protect the City if the legislature should adopt a tax freeze.
Cncl.Sweeney explained a graph that he showed identifying five residential parcels showing
how their city taxes had increased over the past five years.
Cncl.Sweeney explained the information contained on a truth in taxation notice identifying
the amount of taxes and the increase/decrease for each of the taxing jurisdictions.
Questions raised by the Councilors-Elect were answered.
Mayor Laurent thanked Cncl.Sweeney for his presentation.
Mayor Laurent asked if there was anyone in the audience who wished to make any
comments.
Clete Link, Councilor-Elect, asked when the budget is actually adopted. Mayor Laurent
answered that it would be adopted on December 5th if there is no need for additional public
input and the hearing does not have to be continued to another night.
Mayor Laurent closed the public hearing at 8:04 P.M.
Sweeney/Lynch moved to direct staff to prepare the budget resolution using the numbers
offered by the Finance Director to take to a flat levy of$2,805,925. Discussion followed.
Official Proceedings of the November 29, 1995
Shakopee City Council Page -3-
Beard/Lynch moved to amend the motion to reduce the replacement debt service levy for
the 1990A Improvement Bond down to zero. This would create a decrease in the taxes for
all properties. Discussion followed. Motion carried with Cncl.Sweeney dissenting.
Motion carried unanimously on main motion as amended.
Sweeney/Beard offered Resolution No.4358, A Resolution Amending Resolution No. 4342
Adopting Assessments For Downtown Streetscape-Phase II Project No. 1993-12, and
moved its adoption. Motion carried unanimously.
Beard/Sweeney directed the appropriate City officials to sell open skating hours between
now and the official grand opening date of the community recreation center and that open
skating during Christmas break be made available as a"sneak preview"with no admission
charge. Motion carried unanimously.
Cncl.Beard acknowledged a letter received from a resident complementing Officer Chris
Dellwo for his assistance in a recent matter.
Mayor Laurent adjourned the meeting at 8:24 P.M.
Pdith S. Cox
ity Clerk
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE,MINNESOTA DECEMBER 5, 1995
Mayor Laurent called the meeting to order at 7:00 P.M. with Councilmembers John Brekke,
Michael Beard,Robert Sweeney and Joan Lynch present. Also present: Mayor-Elect Jeff
Henderson; Councilors-Elect Jane DuBois, Clete Link(arrived later), and Burl Zorn;
Dennis R. Kraft, City Administrator;Barry Stock, Assistant City Administrator; Judith S.
Cox, City Clerk;Karen Marty, City Attorney;Paul Bilotta,Planning Director; Gregg
Voxland,Finance Director; and Dave Nummer, Staff Engineer.
Items added to the agenda: 15a) Resignation of Terrie Thurmer.
Lynch/Sweeney moved to approve the agenda as modified. Motion carried unanimously.
Mayor Laurent recessed the meeting for an Economic Development Authority meeting.
•
Mayor Laurent re-convened the meeting at 7:10 P.M.
Liaison reports were given by Councilmembers.
Mayor Laurent gave the Mayor's report.
Mayor Laurent asked if anyone present wished to speak on any item not on the Agenda.
There was no response.
Items added to Consent Business: 13i) Joint Powers Facility Use Agreement with Shakopee
School Board, 13j)Police Sergeants Labor Agreement, and 15a)Resignation of Terrie
Thurmer.
Lynch/Beard moved to approve the Consent Business as modified. Motion carried with
Mayor Laurent abstaining from 13b) Time Extension to Record Final Plat of Stonebrooke
2nd.
Mayor Laurent opened the hearing on the 1996 tax levy and budget.
Mr. Voxland stated that the levy and budget must be adopted at a meeting subsequent to
the public hearing, per state law. There is a 0.7% decrease in the levy from last year. The
1996 appropriation is $5,865,730.00.
Mayor Laurent pointed out the levy is actually less than last year.
Mayor Laurent asked for comments from the audience on the levy. There were none.
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Shakopee City Council Page -2-
Sweeney/Beard offered Resolution No. 4353, A Resolution Setting 1995 Tax Levy,
Collectible in 1996, and moved its adoption. (General Fund Levy=$2,785,342) Motion
carried unanimously.
Mayor Laurent asked for comments on the 1996 budget. There were none.
Beard/Lynch offered Resolution No. 4354, A Resolution Adopting The 1996 Budget, and
moved its adoption. Motion carried unanimously.
Mayor Laurent closed the hearing.
Mayor Laurent opened the public hearing on the proposed vacation of a portion of
easements within Lot 1, Block 1, Valley Park 4th Additiox.
Mr. Bilotta explained that the City has received a request for the vacation so that the lot
may be split in two and combined with adjacent parcels through the Minor Subdivision
process. The Planning Commission has recommended approval.
Mayor asked if there were any comments from the audience. There were none.
Mayor Laurent closed the public hearing.
Lynch/Sweeney offered Resolution No. 4361, A Resolution Of The City Of Shakopee
Vacating A Portion Of The Drainage And Utility Easements Within Valley Park 4th
Addition, and moved its adoption. Motion carried unanimously.
Mayor Laurent opened the public hearing on the proposed vacation of a portion of the alley
within Market Place.
Mr. Bilotta stated that the City has received a request for the vacation of a portion of the
oversized alley. The Planning Commission has recommended approval.
Mayor Laurent asked if there were any comments from the audience. There were none.
Sweeney/Lynch offered Resolution No. 4362, A Resolution Of The City Of Shakopee
Vacating A Portion Of An Alley, and moved its adoption. Motion carried unanimously.
Mayor Laurent opened the public hearing on the proposed improvements to 17th Avenue
and Sarazin Street.
t
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Shakopee City Council Page -3-
Mr. Nummer explained the scope of the improvements proposed which include street
construction and a storm water outlet in the northwest corner which will drain to the
bypass. 17th Avenue is a major collector and will be constructed with four lanes with a
median only at CR-17 for turn lanes. There is room for expansion of a center turn lane, if
needed. Sarazin is a minor collector street and will be constructed 36 feet wide with
parking on the North side only. The estimated cost for 17th Avenue is$507,650 and
$267,600 will be assessed. The estimated cost for Sarazin Street is$206,000 and will be
100% assessed. There is not sanitary sewer recommended in the feasibility study. A
watermain extension is needed from Sarazin to the hospital to satisfy the looping
requirements at an estimated cost of $21,000. The storm sewer is being oversized to serve
a portion of the medical site at an estimated cost of$205,000. St. Francis will be assessed
$84,700 for the oversizing costs.
Mr. Nummer stated that it is recommended that a storm sewer be constructed along CR-17
from the detention pond in the Northwest corner of the St. Francis Regional Medical Center
site to the Minnesota Department of Transportation linear pond at an estimated cost of
$141,000. It can be oversized and the County has agreed to contribute to the oversizing
costs.
Mr. Nummer addressed four issues. 1) 17th Avenue will be constructed to 64' with four
lanes and Sarazin Street will be constructed to 36' with two lanes. Neither are in
conformance with the subdivision regulations but are in line with collector street
requirements. This needs to be looked at with the updating of the subdivision regulations.
2) There will be sidewalks on one side of each street with a bituminous trail in the other
side, pursuant to recent Council direction when sidewalks are called for along collector
streets. A sidewalk will be constructed on the South side of 17th Avenue and on the West
side of Sarazin. Discussion ensued on considering a policy to allow for assessments for
bituminous trails as well as sidewalks if a trail is substituted for a sidewalk. There was
consensus that this was an item that should be considered at a later date. Mr. Bilotta stated
that the sidewalk/trail policy is the next project after the subdivision regulations are
updated.
Mr. Nummer addressed item 3)The storm sewer in Sarazin and 17th Avenue will be
oversized because St. Francis is dumping water into the street at an uncontrolled rate which
forces the City to put in oversized pipes. St. Francis will pay for the oversizing. 4) One
property owner has agreed to dedicate property for the improvement with the proviso that
if the City must pay another property owner for acquisition that those costs not be assessed
to the property owner dedicating property at no charge.
Mayor Laurent asked if there were any comments from the audience.
a ,
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Shakopee City Council Page -4-
Mr. Bruce Pankonin, Manager Orrin Thompson, stated that they own 78 acres in the
Southeast corner and that Mr. Nummer has explained the City's acquisition policy and that
it is fair and equitable. He said that they will dedicate the portion of their property needed.
Mr. Pankonin also stated that it is okay with them to have the trail on their side. He would
like the City staff to work with Shakopee Public Utilities on a watermain loop for the future
benefit of other properties. He said that he would like to see another water line on 17th
Avenue.
There being no further comments from the audience, Mayor Laurent closed the public
hearing.
Brekke/Lynch offered Resolution No. 4357, A Resolution Ordering An Improvement Of
17th Avenue And Sarazin Street,Project No. 1996-1, and moved its adoption. Motion
carried unanimously.
Sweeney/Beard moved to direct staff to consult with Shakopee Public Utilities relating to
Mr. Pankonin's concerns regarding watermain extensions. Motion carried unanimously.
Beard/Lynch moved to direct staff to obtain quotes for appraisals for the purpose of right-
of-way acquisition on Project No. 1996-1 after having approached the property owner on
the North side of 17th Avenue to see if necessary. Motion carried unanimously.
Beard/Brekke moved to authorize the proper City officials to execute a consultant contract
with Orr-Schelen-Mayeron& Assoc., Inc. for design services for 17th Avenue and Sarazin
Street, Project No. 1996-1, for a cost not to exceed $35,100.00. Motion carried
unanimously.
Lynch/Beard moved to authorize the Recreation Superintendent to distribute Daily Family
Passes at his/her discretion for the purpose of marketing the Shakopee Community
Recreation Center facility. (Motion carried under consent business.)
Lynch/Beard moved to authorize the appropriate City officials to buy back unused holiday
hours from the individuals listed up to the amount indicated on the memo from the Chief of
Police dated November 27, 1995 (CC Document No. 233). (Motion carried under consent
business.)
Lynch/Beard moved to grant the developer of Stonebrooke 2nd Addition an additional 180
days in which to file the Final Plat with the Scott County Recorder's Office. (Motion
carried under consent business, with Mayor Laurent abstaining.)
.
Official Proceedings of the
December 5, 1995
Shakopee City Council Page -5-
Mr. Bilotta stated that SSG Corporation has applied for a conditional use permit for a gas
station, car wash, and to develop more than one principal structure on a lot. On November
9th, the Planning Commission added a condition to the permit limiting the hours of
operation to 6:00 A.M. to 11:00 P.M. SSG Corporation has appealed this additional
condition to the City Council. He stated that this is a policy issue and that staff is not
making a recommendation.
Cncl.Brekke stated that he owns a home a block and one-half away but doesn't believe that
this presents a conflict of interest because of the previous zoning in place.
Kevin Vance, Development Director of SSG Corporation, stated that because of an
accident no one was able to be present at the Planning Commission meeting. He stated that
they need to be open 24 hours. The area has been zoned highway business since 1979 and
that it is already a pernutted use. There are several stores in town open 24 hours and they
have no restrictions. They are coming to this area because they believe this is a major
growth area. He stated that they are pioneers because they are the first to locate in this area
and it brings a shock to the neighborhood. He said that there is a purchase agreement for a
motel to the North of their operation and that the property to the East is commercial so that
is a buffer from the residential neighborhood. He cautioned the setting of a precedent. He
noted that the City has not set conditions in the past on businesses in the City.
Larry Hopkins, Vice President and Director of Operations, stated that they are responsible
and have been in business for 20 years and that 24 hour operation is standard in the
industry for a gas station and convenience store. He noted that this is a major intersection
and identified people who would frequent the business outside the limited hours. He said
that their facility is well lighted, they have a security system, and they have training
programs for their employees for security. He said that they need a full convenience store
with 24 hours of operation. They are responsible and respected.
Jim Render, partner in land ownership, stated that he is concerned that if the first proposal
considered by Council has limited hours of operation that that will affect sales of other
adjacent land that he and others have interests in.
Larry Anderson, representing the owners, management and renters of Country Village
Apartments North of the site, stated that the majority of their 200 residents are retired.
They moved there for peace and quiet. The site is within 500' of Country Village
Apartments. He was concerned at the Planning Commission meeting that they did not
consider annual review of the operation. He said that he thinks that the Council should
install an annual review at least for the first few years to see if they are an attractive
nuisance.
i
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Shakopee City Council Page -6-
Mr. Bilotta stated that reviews are only used for operations such as mining because the
operation looks different from year to year and because progress is reviewed over the years.
Other conditional use permits have the potential for continuous review on a complaint basis.
Ms. Marty clarified that the only issue before the Council at this time is the hours of
operation, not an annual review.
Kristin J. S. Nelson, lives on Swift Circle, expressed concern about a 24 hours business in
this area and listed a number of businesses that are not open 24 hours and seem to be doing
just fine. Places that are open for 24 hours create violence and loitering. She lives only one
block away.
Aggie Beatrez, lives on Swift Circle, stated that she assumed that offices and day care
would be locating in this area and didn't anticipate seeing another gas station.
Cncl.Brekke stated that he watched a portion of the Board of Adjustment and Appeal's
(BOAA)hearing and that a member said that the zoning was to serve the neighborhood not
the bypass. The BOAA came to a reasonable decision. It is appropriate to restrict the
hours of operation although maybe not these hours. He doesn't see enough evidence to
overturn the BOAA's decision.
Cncl.Lynch stated that she read the BOAA minutes and concurs with Cncl.Brekke. She
prefers this kind of business be closer to the bypass. The evidence presented does not
present a need for a 24 hour operation.
Brekke/Lynch moved to uphold the Board of Adjustment and Appeals and affirm its
approval of Condition No. 10 , the business hours of the gas station and car wash shall be
limited to 6:00 A.M. to 11:00 P.M. for PC-732.
Mr. Render asked if the City will be limiting future businesses like theirs to the same hours
of operation.
Mayor Laurent stated that he is opposed to the motion;to restrict one portion of the
operation is to restrict the whole operation. This matter was not contemplated when the
property was zoned.
Cncl.Sweeney stated that he is also opposed to the motion.
Cncl.Beard stated that the issues appear to be addressing noise. He can understand the
noise of the blower from the car wash, but is opposed to the motion on principle. He could
possibly be persuaded to limit the hours of operation until the motel is built. The property
has been zoned for 16 years to allow this use. He can't support the motion.
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Shakopee City Council Page -7-
Mr. Vance stated that the car wash is not a noise issue because it has doors. We are a
business and found a commercial piece of property. This use is only allowed in two zones,
highway business and central business. This area used to be commercial and the owner had
it rezoned to residential. There are other convenience stores in town and have no
restrictions on open hours. Rather than restrict the operation, maybe the property needs to
be rezoned.
Motion failed with Cncl.Lynch and Brekke in support of the motion.
Beard/Brekke moved to delete condition#10, the business hours of the gas station and car
wash shall be limited to 6:00 A.M. to 11:00 P.M., and uphold conditions 1-9 for the
conditional use permit for SSG Corporation. Motion carried unanimously. (Staff will
prepare the appropriate resolution for Council consideration.)
Brekke/Sweeney moved to direct staff to look at the traffic patterns on Ramsey Street
(adjacent to the SSG Corporation gas station and convenience store). Motion carried
unanimously.
Lynch/Beard moved to authorize the appropriate City officials to execute the electrical
consultant contract with Mr. Terry Krominga for calendar year 1996. (Motion carried
under consent business.)
Lynch/Beard moved to approve the abatement of special assessments for pay 1987 in the
amount of$254.26 on parcel 27-056003-0. (Motion carried under consent business.)
Lynch/Beard moved to approve the bills in the amount of$143,319.46. (Motion carried
under consent business.)
Discussion ensued on adopting an ordinance allowing limited construction in City easements
as a result of a request from Mr. Reichstadt who has submitted a building permit application
for a deck on his house which would extend into the City's drainage easement on his
property.
Sweeney/Brekke moved to table the ordinance allowing limited construction in City
easements and to send it back to legal staff to add the wording that has been suggested that
places the full burden of liability on the property owner and makes it a recorded item.
Motion carried unanimously.
Lynch/Beard moved to authorize the appropriate City officials to enter into a Joint
Assessment Agreement for 1996 between the City of Shakopee and the County of Scott for
a sum of$38,000.00. (Motion carried under consent business.)
Official Proceedings of the December 5, 1995
Shakopee City Council Page -8-
Lynch/Beard moved to approve the Joint Powers Facilities Use Agreements by and between
the City of Shakopee and ISD#720 and authorize the appropriate City officials to execute it
accordingly. (Motion carried under consent business.)
Lynch/Beard moved to authorize the appropriate City officials to execute a labor agreement
by and between the City of Shakopee and Minnesota Teamsters Public and Law
Enforcement
Employees Union Local No. 320 -Police Sergeants consistent with the points identified in
attachment#1 to the memo from Barry Stock dated November 30, 1995 (CC Document
#234). (Motion carried under consent business.)
At the request of Cncl.Sweeney, Mr. Kraft explained the factors that influence the city's pay
plan for non-union employees. He explained the effect of binding arbitration awards for
essential employees. He explained the state's pay equity law and the penalties for cities
who are not in conformance with the pay equity law.
Sweeney/Lynch offered Resolution No. 4352, A Resolution Adopting The 1996 Pay
Schedule For The Officers And Non-Union Employees Of The City Of Shakopee,and
moved its adoption. Motion carried unanimously.
Lynch/Beard offered Resolution No. 4334, A Resolution Canceling Debt Service Levies
For 1995/96, and moved its adoption. (Motion carried under consent business.)
Lynch/Beard offered Ordinance No. 440, Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Amending City Code Chapter 5, Liquor, Beer And Wine Licensing
And Regulations, By Deleting The Requirement Of An Insurance Policy, and moved its
adoption. (Motion carried under consent business.)
Lynch/Beard offered Ordinance No. 441, Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Amending City Code Chapter 6, Other Business Regulation And
Licensing, Sec. 6.44, Lodging Tax, By Repealing The Termination Date, and ;moved its
adoption. (Motion carried under consent business.)
Lynch/Beard offered Resolution No. 4363, A Resolution Amending Resolution No. 4223 A
Resolution Adopting Assessments For The V.I.P. Interceptor Extension From County Road
79 To The West Corporate Limits, Rahr Forcemain And The Rahr Malting Service Line
Projects No's. 1992-9, 1993-1 And 1994-8, and move its adoption. (Motion carried under
consent business.)
s
Official Proceedings of the December 5, 1995
Shakopee City Council Page -9-
Lynch/Beard offered Resolution No. 4364, A Resolution Amending Resolution No. 4342
And Rescinding Resolution No. 4358 For The Downtown Streetscape Special Assessments,
and move its adoption. (Motion carried under consent business.)
Lynch/Beard offered Resolution No. 4355, A Resolution Accepting Work On Vierling
Drive,From County Road 15 To Presidential Lane Project No. 1994-7, and moved its
adoption. (Motion carried under consent business.)
Lynch/Beard offered Resolution No. 4356, A Resolution Accepting Work On The 1995
Pavement Preservation Program Crack Sealing And Seal Coating Project No. 1995-10, and
move its adoption. (Motion carried under consent business.)
Lynch/Beard offered Resolution No. 4360, A Resolution Requesting Advance
Encumbrance Of Funds From The General State Aid Construction Fund, and moved its
adoption. (Motion carried under consent business.)
Lynch/Beard offered Resolution No. 4365, A Resolution Setting Fees For City Licenses,
Permits, Services and Documents, and move its adoption. (Motion carried under consent
business.)
Lynch/Beard moved to accept the resignation of Terrie Thurmer, Planner, and direct staff to
take the steps necessary to fill the position vacancy. (Motion carried under consent
business.)
Mayor Laurent adjourned the meeting to Tuesday, December 19, 1995 at 7:00 P.M. The
meeting was adjourned at 9:17 P.M.
tkoiciA., . k
� .ith S. Cox
Clerk
Recording Secretary
Memo To: Dennis Kraft,City Administrator
From:
Meeting Date:
Julie Baumann,Planner I AR"
December 19, 1995
Re:
Discussion Vacation of Drainage and Ut t ty Easements
The City has received a petition from Ashland, Inc. for the vacation of drainage and utility easements
measuring 20 feet in width along the western property line of Lot 4,Block 1,Valley Park 6th Addition
and 20 feet in width along the eastern property line of Lot 5, Block 1, Valley Park 6th Addition,
excepting the northern 20 feet and southern 20 feet of said easement and the 15 foot wide utility
easement per Document No. 23420. This vacation request is being made in order to combine Lots 4
and 5,Block 1,Valley Park 6th Addition,through the Minor Subdivision process.
A copy of the December 7, 1995, Planning Commission staff memo has been attached for your
reference. At this meeting, the Planning Commission recommended approval of the vacation to the
City Council.
Alternatives
1. Approve the vacation request.
2. Do not approve the vacation request, stating the reasons for denial.
3. Continue the public hearing, and request additional information from the applicant and/or staff.
Planning Commission Recommendation
The Planning Commission has recommended the approval(Alternative No. 1)of the vacation request.
Action Requested
Offer Resolution No. 4359, A Resolution Vacating a Portion of the Drainage and Utility Easements
Within Valley Park 6th Addition,and move its approval.
Oplanningk61995\cc1219Wacashld.doc
RESOLUTION NO.4359
A RESOLUTION OF THE CITY OF SHAKOPEE
VACATING A PORTION OF THE DRAINAGE
AND UTILITY EASEMENTS WITHIN VALLEY PARK 6TH ADDITION
WHEREAS, in Document No. 23420, the City of Shakopee was granted a 15 foot wide
utility easement over property in Lot 5,Block 1,Valley Park 6th Addition;and
WHEREAS, that easement is located 364.07 feet Northwesterly of the Southeast corner of
Lot 4,Block 1, and 318.18 feet Southeasterly of the Southwest corner of Lot 5, Block 1, Valley Park
6th Addition;and
WHEREAS,in Document No. 72451,the City of Shakopee was granted an additional 40 foot
wide drainage and utility easement along a revised lot line between Lots 4 and 5, Block 1, Valley Park
6th Addition;and
WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and
utility easement granted in Document No. 72451 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 19th day of December, 1995;
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;
2. That the 40 foot wide drainage and utility easement granted in Document No. 72451, EXCEPT
that partalso described in Document No. 23420, serves no further public need;
3. That the drainage and utility easement described on the attached "Exhibit A to Easement
Agreement, Description of New 40 Foot Wide Drainage and Utility Easement Over Lots 4 and 5,
Block 1, Valley Park 6th Addition, Scott County, Miinnesota" from Document No. 72451,
EXCEPT that part also described on the attached "Exhibit A" from Document No. 23420, is
hereby vacated;
4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the
County Auditor and County Recorder of Scott County.
5. This Resolution shall become effective upon the recording of the Minor Subdivision approving the
combination of Lots 4 and 5, Block 1, Valley Park 6th Addition, City of Shakopee, County of
Scott, State of Minnesota.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of ,1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
BIT A to Easement Agreement
DESCRIPTION OF NEW 40 FOOT WIDE
DRAINAGE AND UTILITY EASEMENT
OVER LOTS 4 AND 5,BLOCK 1
VALLEY PARK SIXTH ADDITION
SCOTT COUNTY,MINNESOTA
Commencing at the northerly corner between Lots 4 and 5, Block 1, Valley
Park Sixth Edition, according to the plat thereof on file and of record in the
Office of the Registrar of Titles,Scott County, Minnesota; thence, along the
line between said lots, South 15° 06' 24" West 20.00 feet to the Point of
Beginning of this description said point being on the southerly line of the
20 foot drainage and utility easement over, under and across the northerly
20 feet of said lots according to the aforesaid plat; thence, along the
southerly line of said easement,South 74° 53' 36" East 20.00 feet to a point;
thence, leaving said easement and with a line 20 foot from and parallel to
the line between Lots 4 and 5,South 15° 06' 24" West 291.90 feet to a point;
thence South 88° 40' 01" West, passing the line between Lots 4 and 5 at
20.85 feet, a total distance of 157.96 feet to a point; thence South 01° 19' 59"
East 128.44 feet to a point on the northerly line of the 20 foot drainage and
utility easement over, under and across the southerly 20 feet of Lot 5
according to the aforesaid plat; thence, along the northerly line of said
easement,North 74° 53' 36" West 41.70 feet to a point; thence North 01° 19'
59" West 156.64 feet to a point; thence North 88° 40' 01" East 168.05 feet to
a point located 20 feet from the line between Lots 4 and 5; thence, along a
line 20.00 feet from parallel to the line between said lots,North 15° 06' 24"
East 262.00 feet to a point on the southerly line of the 20 foot wide drainage
and utility easement over, under and across the northerly 20 feet of Lot 5
according to the aforesaid plat; thence, along the line of said easement,
South 74°53' 36" East 20.00 feet to the Point of Beginning.
Exhibit A
An easement far Utility purpose over. under and across that part of
the Seuth One Half IS' ) . Section tour (4) Township One Hundred Fifteen (115) .
•.=enty-two (::) . Block One (1) . Lot Five (5) of Valley Park Sixth
Addition.-- Scott Ceun:y. `:innesota, beingFifteen-(15) feet in width and
lying Seven and One half (7.S) feet on either side of the following center
line.
Beginning at the Southh -East corner (SE) of Block One (1) Lot Five (5)
cf Valley Park Sixth Ad t tion,-thence North:-along the East property line.
a distance of Twenty t::. 3) feet, thence West parallel with the South
r'=a e=ty line a di stance of One Hundred Thirteen (113.0) feet. thence
? 0° CS' 36'. W a distance of Two Hundred Twenty three point Eighty three
(223.63) feet. thence % :3° 36' 36' W a distance of Eighty five (65.0)
feet and there ter-inating.
Il .
CONSENT
Memo To: Shakopee Planning Commission
From: Julie Baumann,Planner I j.
Meeting Date: December 7, 1995 V
Re: Vacation of Drainage and Utility Easements
Site Information:
Applicant: Ashland,Inc.
Property Owner: Ashland,Inc.
Location: 4401 Valley Industrial Blvd.
Current Zoning: Heavy Industrial(I-2)
Adjacent Zoning: North: I-2 Heavy Industrial
South: I-2 Heavy Industrial
East: I-2 Heavy Industrial
West: I-2 Heavy Industrial
Comp.Plan: 1980: Heavy Industrial
Draft 1995: Heavy Industrial
MUSA: The site is within the MUSA and can be served by all municipal utilities
Introduction
The City has received a petition from Ashland, Inc., for the vacation of the drainage and utility
easements measuring 20 feet in width along the western property line of Lot 4, Block 1, Valley Park
6th Addition and 20 feet in width along the eastern property line of Lot 5, Block 1, Valley Park 6th
Addition, excepting the northern 20 feet and southern 20 feet of said property lines and the 15 foot
wide utility easement per Document No. 23420.
The City Council will hold a public hearing on December 19, 1995, to consider this vacation request.
A recommendation from the Planning Commission is needed for the vacation process.
Discussion
Attached is a copy of the portion of the zoning map showing the location of the subject site (See
Exhibit A). Valley Park 6th Addition was platted in 1979. Also attached is a portion of Valley Park
6th Addition which shows the location of the portion of the drainage and utility easements that are
being proposed for vacation(See Exhibit B).
A 15 foot easment is located along the southern portion of the subject site, per Document No. 23420.
This easement is for utilities and contains buried electric lines. Shakopee Public Utilities has
commented that this easement must be retained during the vacation process. Please note the location
of this easement on Exhibit C.
For a better understanding of the result of this vacation,the Planning Commission may want to refer to
the attached Exhibit C. This exhibit provides the results of the proposed vacation.
This request is being made in order to combine Lot 4 and Lot 5, Block 1, Valley Park 6th Addition,
through the Minor Subdivision process.
The draft 1995 Comprehensive Plan has designated this area as Heavy Industrial. This vacation is not
in conflict with the goals of the Comprehensive Plan.
Alternatives
1. Recommend to the City Council the approval of the vacation of drainage and utility easements.
2. Recommend to the City Council to deny the request to vacate the drainage and utility easements.
3. Table the decision to allow staff or the applicant to provide additional information.
Staff Recommendation
Staff recommends Alternative No. 1, subject to the following condition:
1. The recording of the minor subdivision approving the lot combination of Lot 4, Block 1,
and Lot 5,Block 1,Valley Park 6th Addition.
Action Requested
Offer a motion to recommend to the City Council the approval of the vacation of the drainage and
utility easements, subject to the recommended condition,and move its approval.
i:\planming\hoes-pc\19951pc1207\vacashld.doc
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Memo To: Dennis Kraft, City Administrator
Julie Baumann,P
Meeting Date: December 19, 1995 I
Re: Vacation of Drainage and Utility Easements
Discussion
The City has received a petition from Cedar Fair Limited Partnership for the vacation of drainage and
utility easements measuring 20 feet in width along the western property line of Lot 1; 20 feet in width
along the eastern property line of Lot 2; 20 feet in width along the western property line of Lot 2,
except for the northern 20 feet and southern 20 feet of said easements; and 20 feet in width along the
western property line of Lot 3, except for the northern 10 feet and southern 10 feet of said easement,
all in Block 1, Prairie House 2nd Addition. This vacation request is being made in order to combine
Lots 1,2, and 3,Block 1,Prairie House 2nd Addition,through the Minor Subdivision process.
A copy of the December 7, 1995, Planning Commission staff memo has been attached for your
reference. At this meeting, the Planning Commission recommended approval of the vacation to the
City Council.
Alternatives
1. Approve the vacation request.
2. Do not approve the vacation request, stating the reasons for denial.
3. Continue the public hearing, and request additional information from the applicant and/or staff.
Planning Commission Recommendation
The Planning Commission has recommended the approval(Alternative No. 1)of the vacation request.
Action Requested
Offer Resolution No. 4339, A Resolution Vacating Drainage and Utility Easements Within Prairie
House 2nd Addition, and move its approval.
i:\planning\cc\1995\cc1219\vacvlyfr.doc
RESOLUTION NO.4339
A RESOLUTION OF MEG CITY OF SHAKOPEE
VACATINDRAINAGE
AND UTILITY EASEMENTS WITHIN PRAIRIE HOUSE 2ND ADDITION
WHEREAS, drainage and utility easements have been dedicated measuring 20 feet in width
on each side of the property lines between Lots 1, 2, and 3,Block 1,Prairie House 2nd Addition, City
of Shakopee, County of Scott, State of Minnesota;and
WHEREAS,it has been made to appear to the Shakopee City Council that these drainage and
utility easements serve 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 19th day of December, 1995;
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;
2. That the following drainage and utility easements serve no further public need:
a) An easement measuring 20 feet in width and located adjacent to the east property line
of Lot 1,EXCEPT the north and south 20 feet thereof
b) An easement measuring 20 feet in width and located adjacent to the west property line
of Lot 2,EXCEPT the north and south 20 feet thereof;
c) An easement measuring 20 feet in width and located adjacent to the east property line
of Lot 2,EXCEPT the north and south 20 feet thereof,
d) An easement measuring 20 in width and located adjacent to the west property line of
Lot 3,EXCEPT the north and south 10 feet thereof,
all in Block 1, Prairie House 2nd Addition, City of Shakopee, County of Scott, State of
Minnesota;
3. That the drainage and utility easements, described in Paragraph 2, above are hereby vacated;
4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the
County Auditor and County Recorder of Scott County.
5. This Resolution shall become effective upon the recording of the Minor Subdivision approving
the combination of Lots 1, 2, and 3, Block 1, Prairie House 2nd Addition, City of Shakopee,
County of Scott, State of Minnesota.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
12 .
CONSENT
Memo To: Shakopee Planning Commissio
From: Julie Baumann,Planner I f
Meeting Date: December 7, 1995
Re: Vacation of Drainage and Utility Easements
Site Information:
Applicant: Cedar Fair Limited Partnership
Property Owner: Cedar Fair Limited Partnership
Location: Lots 1,2,and 3,Block 1,Prairie House 2nd Addition
Current Zoning. Major Recreation(MR)
Adjacent Zoning: North: B-1 Highway Business
South: B-1 Highway Business
East: AG Agricultural Preservation
West: MR Major Recreation
Comp.Plan: 1980: Park
Draft 1995: Commercial
MUSA: The site is within the MUSA and can be served by all municipal utilities
Introduction
The City has received a petition from Cedar Fair Limited Partnership for the vacation of the drainage
and utility easements measuring 20 feet in width along the western property line of Lot 1, 20 feet in
width along the eastern property line of Lot 2, 20 feet in width along the western property line of Lot
2, except for the northern 20 feet and southern 20 feet of said property lines, and 20 feet in width along
the western property line of Lot 3,except for the northern 10 feet and southern 10 feet of said property
lines, Block 1,Prairie House 2nd Addition.
The City Council will hold a public hearing on December 19, 1995, to consider this vacation request.
A recommendation from the Planning Commission is needed for the vacation process.
Discussion
Attached is a copy of the portion of the zoning map showing the location of the subject site (See
Exhibit A). Prairie House 2nd Addition was platted in 1988. Also attached is a portion of Prairie
House 2nd Addition which shows the location of the portion of the drainage and utility easements that
are being proposed for vacation(See Exhibit B). Engineering staff has commented that there are not
any existing utilities within these easements.
This request is being made in order to combine Lots 1, 2, and 3,Block 1, Prairie House 2nd Addition,
through the Minor Subdivision process.
For a better understanding of the result of this vacation, the Planning Commission may want to refer to
the attached Exhibit C. This exhibit provides the results of the proposed vacation.
The draft 1995 Comprehensive Plan has designated this area as commercial. This vacation is not in
conflict with the goals of the Comprehensive Plan.
Alternatives
1. Recommend to the City Council the approval of the vacation of drainage and utility easements.
2. Recommend to the City Council to deny the request to vacate the drainage and utility easements.
3. Table the decision to allow staff or the applicant to provide additional information.
Staff Recommendation
Staff recommends Alternative No. 1, subject to the following condition:
1. The recording of the minor subdivision approving the lot combination of Lots 1, 2, and 3,
Block 1,Prairie House 2nd Addition.
Action Requested
Offer a motion to recommend to the City Council the approval of the vacation of the drainage and
utility easements, subject to the recommended condition,and move its approval.
i:\planning\boas-pc\1995\pc1207\vacvly&.doc
EXHIBIT A
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CONSENT
Memo To: Dennis Kraft, City Administrator
From: Julie Baumann,Planner I V
Date: December 19, 1995
Re: Amendment to the Zoning Map-Rezone property from Rural Residential(RR)to
Agricultural Preservation(AG).
INTRODUCTION
The City of Shakopee is requesting that the City amend the Official Zoning Map to rezone a 40 acre
site currently zoned as Rural Residential (RR) to Agricultural Preservation (AG). A copy of the
December 7, 1995,Planning Commission staff report has been attached for your reference.
DISCUSSION
The purpose of the Agricultural Preservation (AG) zone is to preserve and promote agriculture and to
prevent premature expenditures for such public services as roads, sewer, water, and police and fire
protection. Since the subject site is designated as Future Urban Area in the draft 1995 Comprehensive
Plan, the proposed zoning would be in conformance with the Comprehensive Plan and would allow
maximum flexibility when final development and growth occur at the time of utility expansion.
ALTERNATIVES
1. Amend the Zoning Map to rezone the subject site from Rural Residential (RR)to Agricultural
Preservation(AG).
2. Do not amend the Zoning Map.
3. Table the decision and request additional information from the applicant or staff.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends Alternative No. 1
ACTION REQUESTED
Offer Ordinance No. 442, an Ordinance of the City of Shakopee Amending the Zoning Map Adopted
in City Code Section 11.03 By Rezoning Land Commonly Known as 1785 West County Road 42
From Rural Residential(RR)to Agricultural Preservation(AG), and move its approval.
i:\planning\cc\1995\cc1219\remulg n.doc
ORDINANCE NO. 442, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING. LAND
COMMONLY KNOWN AS 1785 WEST COUNTY ROAD 42 FROM RURAL RESIDENTIAL
(RR) TO AGRICULTURAL PRESERVATION (AG) .
WHEREAS, the owners of the land described on Exhibit A,
commonly known as 1785 West County Road 42, submitted an
application requesting rezoning from Rural Residential (RR) to
Agricultural Preservation (AG) ; and
WHEREAS, notices were duly sent and posted, and a public
hearing was held on December 7, 1995, at which time ail persons
present were given an opportunity to be heard; and
WHEREAS, the Planning Commission voted to recommend approval
of the rezoning request to the City Council .
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS :
Section 1 - That the zoning map adopted in City Code Sec .
11 . 03 is hereby amended by rezoning land described on Exhibit A,
commonly known as 1785 West County Road 42, from Rural
Residential (RR) to Agricultural Preservation (AG) .
Section 2 - Effective Date. This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1995 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: 511,1E:\ rn City Attorney
Published in the Shakopee Valley News on the day of
, 1995 .
[14CCL]
EXHIBIT A
The Southwest quarter of the southwest quarter of Section 20, Township 115,
Range 22, Scott County, MN.
S-
Memo
To: Shakopee Planning Commission
From: Julie Baumann,Planner I ,r'
Meeting Date: December 7, 1995 ������
Re: Amendment to the Zoning Map:Rural Residential(RR)to Agricultural
Preservation(AG)
Site Information
Applicant City of Shakopee
Location 1785 West County Road 42
Current Zoning Rural Residential(RR)
Comp.Plan Designation 1980 Rural Residential
Draft 1995 Future Urban Area
Municipal Utilities Site is not served by municipal utilities.
Adjacent Zoning
Zone Title
North RR Rural Residential
South RR Rural Residential
East - RR Rural Residential
West AG Agricultural Preservation
Introduction
The City is requesting that the Official Zoning Map be amended to rezone the subject site from Rural
Residential (RR) to Agricultural Preservation (AG). Exhibits are attached as follows: Exhibit A,
Zoning Map; Exhibit B, map showing the existing and the proposed zoning; Exhibit C, Sec 11.22,
Agricultural Preservation Zone;and Sec. 11.24,Rural Residential Zone.
Considerations
The subject site is 40 acres in size and is currently zoned Rural Residential(RR). The site is being used
as a Landscape Construction Business and would like to expand its services to include retail sales of
nursery and garden supplies.
Nursery and forestry uses are allowed as permitted uses within both the Agricultural Preservation(AG)
and Rural Residential(RR)Zoning Districts. However, the retail sales of nursery and garden supplies
are allowed as a conditional use only within the Agricultural Preservation (AG) Zone. Rather than
proposing a text amendment to allow retail sales of nursery and garden supplies throughout the Rural
Residential (RR)zone, the City is proposing to rezone the site to Agricultural Preservation (AG). The
subject site is located adjacent to areas already zoned Agricultural Preservation(AG). The proposed
1
rezoning would allow the property owner to apply for a Conditional Use Permit to allow retail sales of
nursery and garden supplies.
The subject site would meet the density requirements of the Agricultural Preservation(AG)Zone. The
proposed rezoning would be in compliance with the draft 1995 Comprehensive Plan, which reserves
the area for future urban area. End uses have not been identified for this area on the Comprehensive
Plan yet because urban services will not be extended to this area within the planning horizon of the
draft 1995 Comprehensive Plan document.
Findings
Section 11.83, Subd. 2 of the Shakopee City Code states that the City Council may grant a zoning
ordinance amendment when it finds that one or more of the following criteria exists:
Criteria#1 The original zoning ordinance was in error.
Finding#1 The current zoning designation for the subject site is not in error.
Criteria#2 Significant changes in community goals and policies have taken place.
Finding#2 The purpose of the Agricultural Preservation(AG)zone is to preserve agricultural uses
and to prevent premature expenditures for public services such as roads, sewer, water and police and
fire protection. The purpose of the Rural Residential (RR) zone is to allow low-density residential
development in areas which are not served by urban services.
Development in the Rural Residential area was previously allowed on 2.5 acre sites. These 2.5 acre
sites provided for an end use of the property. Development in this area is now only allowed on 10 acre
sites,which allow for more flexibility,but these sites do not make an efficient growth management tool.
The Agricultural Preservation(AG) zone allows development to occur on sites that are a minimum of
40 acres in size. This requirement provides for maximum flexibility when developing and guiding
growth for an area.
Criteria#3 Significant changes in City-wide or neighborhood development patterns have
occurred.
Finding#3 Significant changes in development patterns have occurred. Rural Residential (RR)
development is now required to occur on a site of 10 acres at a minimum. Development sites of 2.5
acres are no longer permitted in this zoning district.
The 1990 Comprehensive Plan designated the subject site for Rural Residential (RR) development.
The draft 1995 Comprehensive Plan has designated the subject site as Future Urban Area. This
2
designation allows for maximum flexibility for such time when municipal services will be extended to
the area and land use patterns may change.
Criteria#4 The amendment is necessary to implement the Comprehensive Plan's growth
management program.
Finding#4 The rezoning of this parcel from Rural Residential (RR) to Agricultural Preservation
(AG) would not be in conflict with the Comprehensive Plan's growth management program. The
Agricultural Preservation(AG)zone provides for maximum flexibility when planning the growth of the
area at such time as urban services are extended to these areas.
Alternatives
1. Recommend to the City Council the approval of the request to rezone the site from Rural
Residential(RR)to Agricultural Preservation(AG).
2. Recommend to the City Council the denial of the request to rezone the site from Rural
Residential (RR)to Agricultural Preservation(AG).
3. Continue the public hearing to allow the applicant and/or staff to provide additional
information.
Staff Recommendation
Staff recommends Alternative No. 1.
Action Requested
Offer a motion to recommend to the City Council the approval of the request to rezone the site from
Rural Residential(RR)to Agricultural Preservation(AG), and move its approval.
iAplannineboaa-p61995\pc 12o7Vezmngtn.dor
3
EXHIBIT A
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— Zoning Map
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City of SHAKOPEE
EXHIBIT B
AG AG
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i RR AG
v®wa m
RR . ,E •� 4= RR
1.
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RR . ei5. RR
d. YAG , SUBJECT SITE
EXISTING ZONING
AG
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EXHIBIT C
__ SEC. 11.22 . AGRICULTURAL PRESERVATION ZONE (AG) .
Subd. 1. Purpose. The purpose of the agricultural preservation
zone is to preserve and promote agriculture in the unsewered areas
r of the City which are suitable for such use, to prevent scattered
and leap-frog non-farm growth, and to prevent premature
expenditures for such public services as roads, sewer, water, and
police and fire protection.
Subd. 2 . Permitted Uses. Within the agricultural preservation
zone, no structure or land shall be used except for one or more of
the following uses :
A. agricultural uses;
B. single family detached dwellings;
C. forestry and nursery uses;
D. seasonal produce•stands;
E. riding academies;
F. utility services;
G. public recreation; •
H. public buildings;
I. day care facilities serving 12 or fewer persons;
1 J. group family day care facilities serving 14 or fewer
children; or
K. residential facilities serving six (6) or fewer persons.
1 Subd. 3 . Conditional Uses. Within the agricultural preservation
zone, no structure or land shall be used for the following uses
except by conditional use permit :
A. commercial =eedlots, which include yards, lots, Dens,
buildings, or other areas or structures used for the
confined feeding of livestock or other animals for food,
fur, pleasure, or resale purposes;
B. home occupations;
C. retail sales of n _sery and garden supplies;
D. cemeteries;
E. churches and other places of worship;
2_
F. agricultural research facilities, which are facilities
specifically operated for the purpose of conducting
research in the production of agricultural crops,
including research aimed at developing plant varieties .
This term specifically excludes research. regarding the I
development or research of soil conditioners,
fertilizers, or other chemical additives placed in or on
the soil or for the experimental raising of animals;
G. animal hospitals and veterinary clinics;
H. kennels . A kennel is any :remise in which more than two
domestic animals, over six months of age, are boarded,
bred or offered for sale;
I. public or private schools having a course of instruction t
approved by the Minnesota Department of Education for f
students enrolled in K through grade-12,. or any portion `
thereof;
J. commercial recreation, minor; I
R. utility service structures;
L. day care facilities serving 13 through 16 persons;
M. residential facilities serving from-.7 through 16 persons;
N. wind energy conversion systems or windmills;
0. relocated structures;
P. structures over 2-1/2 stories or 35 . feet in height;
developments containing more than one principal structure
Q. P _
per lot; or
R. other uses similar to those permitted in this L
subdivision, as determined by the Board of Adjustment and
Appeals .
Subd. 4. Permitted Accessory Uses. - Within .. the agricultural
preservation zone the following uses shall be permitted . accessory -�
uses : _=
A. machinery and structures necessary to the conduct of J
agricultural operations;
B. garages;
C. fences;
22
• A
3
r
1 D. recreational equipment;
E. stables;
F. swimming pools;
G. solar equipment;
H. tennis courts;
I. receive only satellite dish antennas and other antenna
devices; or
J. other _ accessory uses, _ as determined by the Zoning
Administrator.
Subd. 5 . Desian Standards. Within the agricultural preservation
zone, no land shall be used, and no structure shall be constructed
or used, except in conformance with the following minimum
requirements :
A. Density: one dwelling per 40 acres .
B. Lot- specifications :
Minimum lot width: 1000 feet .
Minimum lot depth: 1000 feet .
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet.
Minimum-rear yard setback: 40 feet .
C. Maximum height : 2-1/2 stories or 35 feet . Grain
. elevators, barns, silos, and elevator lags may exceed
this -limitation without a conditional use permit .
Subd. 6. %Additional Requirements.
A. All dwellings shall have a depth of at least 20 feet for
at least 50 percent of their width. All dwellings shall
have a width of at least 2: feet for at least 50 percent
-_of their depth.
B. All dwellings shall have a permanent foundation in
conformance with the Minnesota State Building Code.
SEC. 11.23 . Reserved.
23
SEC. 11.24 . RURAL RESIDENTIAL ZCNE (RR) .
Subd. 1 . Purpose. The purpose cf the rural residential zone is to
allow low-density residential development in areas which are not
served by municipal urban services . . .
Subd. 2 . Permitted Uses . Within the rural residential zone, no
structure or land shall be used except for one or more of the
following uses:
A. single family detached dwellings;
B. agricultural uses;
C. forestry and nursery uses; --
. D. utility services;
E. public recreation;
F. public buildings;
G. day care facilities serving 12 or fewer persons;
H. group family day care facilities serving 14 or fewer
children; or
I. residential--facilities serving six (6) or fewer persons.
Subd. 3 . Conditional Uses. Within the rural residential zone, no
structure or land shall be used for the following uses except by
conditional use permit :
A. churches and other plates of worship;
B. home occupations;
C. cemeteries;
D. commercial recreation, minor;
E. seasonal produce stands when the principal use of the
property is agritultura_ ;
F. public or private schools having a course of instruction
approved by the r.innesota Department of Education for
students enrolled in F. throuch grade 12 , or any portion
thereof;
G. riding academies ;
H. utility service structures;•
I
I . day care facilities serving 13 through 16 persons;
J. residential facilities serving from 7 through 16 persons;
K. wind energy conversion systems or windmills;
L. relocated structures;
M. structures over 2-1/2 stories or 35 feet in height;
N. developments containing more than one principal structure
per lot; or
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 rural residential
zone, the following uses shall be permitted accessory uses :
A. garages;
B. fences;
1 C. gardening and other horticultural uses not involving •
retail sales;
D. one lodging room per single family dwelling;
1 E. recreational equipment;
F. machinery and structures necessary to the conduct of
agricultural operations;
lG. stables with not more than two horses per 2-1/2 acre;
H. swimming pools;
I. solar equipment;
J. only satellite dish antennas and other antenna
devices ;
K. tennis courts ; or
L. other accessory uses, as determined by the Zoning
Administrator.
Subd. 5 . Design Standards. Within :he rural residential zone, no
land shall be used, and no structure shall be constructed or used,
except in conformance with the following minimum requirements :
25
1
I
A. Density: one dwelling per 10 acres .
B. Maximum- impervious surface percentage : 30%
C. Lot specifications :
Minimum. lot width: 150 feet
Minimum lot depth: 200 feet
Minimum front yard setback: 50 feet.
Minimum side yard setback: 20 feet .
Minimum rear yard setback: 40 reet .
Setback for accessory machinery and buildings necessary
to the conduct of agricultural operations : 100 feet from
all lot lines.
D. Maximum height : No structure shall exceed two and
one-half (2-1/2) stories or thirty-five (35) feet in
height without a conditional use permit .
Subd. 6. Additional Requirements. [
A. All dwellings shall have a depth of at least 20 feet for
at least 50 percent of their width. All dwellings shall
have a width of at least 20 feet for at least 50 percent
of their depth.
B. All dwellings shall have a permanent foundation in
conformance with the Minnesota State Building Code.
SEC. 11.25. Reserved.
I
I
I
I
I
I
I
26
I
1010
CONSENT
Memo To: Dennis Kraft, City Administrator
From: Julie Baumann,Planner I / �/
Meeting Date: December 19, 1995
Re: Amendment to the Valleyfair Planned Unit Development
INTRODUCTION
Cedar Fair Limited Partnership has submitted an application for an Amendment to the
Valleyfair Planned Unit Development(PUD). The applicant is requesting an amendment
to the development plan in order to incorporate additional property into the PUD. A copy
of the November 9, 1995, Planning Commission staff memo has been attached for your
reference.
DISCUSSION
The applicant has recently acquired Lots 1, 2, and 3,Block 1, Prairie House 2nd Addition.
An amendment to the Development Plan is being requested in order to incorporate this
property into the Planned Unit Development. The uses proposed for this area include
additional parking, support facilities, employee housing and motel/restaurant uses. All of
these uses are listed as allowable uses within the Development Plan for Valleyfair.
ALTERNATIVES
1. Approve the Amendment to the Valleyfair Planned Unit Development, subject to
the original conditions of approval.
2. Do not approve the Amendment to the Valleyfair Planned Unit Development,
stating the reasons for denial.
3. Table the decision, and request additional information from the applicant and/or
staff.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission has recommended the approval of the Amendment to the
Valleyfair Planned Unit Development(Alternative No. 1), subject to the original
conditions of approval.
ACTION REQUESTED
Offer Ordinance No. 443, An Ordinance of the City of Shakopee Amending the Zoning
Map Adopted in City Code Section 11.03 By Rezoning Land Commonly Known as Prairie
House 2nd Addition From Major Recreation(MR)to Planned Unit Development Overlay
Zone No. 1, and move its adoption.
i:\planning\c41995\cc1219\vly&pud.doc
ORDINANCE NO. 443 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND
COMMONLY KNOWN AS PRAIRIE HOUSE 2ND ADDITION FROM MAJOR
RECREATION (MR) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 1 .
WHEREAS, on April 18, 1995, the City Council adopted
Ordinance No. 413 , amending the zoning map adopted in City Code
Sec. 11 . 03 by rezoning land commonly known as Valleyfair from
"Race Track District" to Planned Unit Development Overlay Zone
No. 1; and
WHEREAS, on November 2, 1995, the City Council adopted
Ordnance No. 431, amending the zoning map by rezoning land
immediately east of Valleyfair and described as follows : LOTS 1,
2, AND 3, BLOCK 1, PRAIRIE HOUSE 2ND ADDITION, to Major
Recreation (MR) ; and
WHEREAS, the owners of this land submitted an application
requesting rezoning from Major Recreation (MR) to Planned Unit
Development Overlay Zone; and
WHEREAS, notices were duly sent and posted, and a public
hearing was held on December 7, 1995, at which all persons
present were given an opportunity to be heard; and
WHEREAS, the Planning Commission voted to recommend approval
of the rezoning request to the City Council .
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS :
Section 1 - That the zoning map adopted in City Code Sec .
11 . 03 is hereby amended by rezoning land described as follows :
Lots 1, 2, and 3 , Block 1, Prairie House 2nd Addition, in
the City of Shakopee, Scott County, Minnesota,
from Major Recreation (MR) to Planned Unit Development Overlay
Zone No. 1 .
Section 2 - That all provisions of City Code Chapter 11,
Zoning, shall apply to this zone, except as modified below.
1 . The variances approved in Ordinance No. 413 are
extended to the property described on Exhibit A.
2 . An amended Development Agreement stating the conditions
of approval of the PUD must be filed with the Scott
County Recorder.
3 . The Mayor and City Clerk are hereby authorized and
directed to execute the amended Development Agreement
for the Planned Unit Development .
Section 3 - Effective Date . This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1995 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: c%'' ! ''moi► City Attorney
Published in the Shakopee Valley Ne' = on the day of
, 1995 .
j14CCL]
-2-
Memo To: Shakopee Planning Commission
Julie Baumann, anner I
From:
Meeting Date: December 7, 1995Pl
RE: Amendment to the Valleyfair 'lanned Unit Development
INTRODUCTION
Resolution No. 4174 approving the Development Plan for the Valleyfair Planned Unit Development
(PUD) was approved by the City Council
theFdebruary 21,velo meet plan in ord(Exhibit
er to). Cedar Fair Limited
incorporate additional
Partnership is requesting an amendment P
property into the PUD.
DISCUSSION
Lots 1, 2, and 3, Block 1, Prairie House 2nd Addition have recently been acquired by the applicant.
The subject site is 22.73 acres in size and is located east of Valleyfair and north of TH 101 (Please see
Exhibit B).
The applicant is requesting an amendment to the original development plan in order to incorporate
Lots 1, 2, and 3, Block 1, Prairie House 2nd Addition into the development plan for Valleyfair. The
applicant is proposing to use the property for additional parking, support facilities, employee housing
and motel/restaurant uses. All of these uses are listed as allowable uses within the Development Plan
for Valleyfair. The Planning Commission reviewed a Concept Plan for this project at their October 5,
1995 meeting.
Attached are Exhibits C and D. Exhibit C is a drawing that illustrates the proposed uses on Lots 1, 2,
and 3,Block 1,Prairie House 2nd Addition. Exhibit D is the cover letter from the applicant.
The Scott County Engineer has commented that direct access to TH 101 should not be provided. The
development plan does not propose direct access onto TH 101, rather access will be provided via a
service road. The Scott County Engineer has also recommended a review of traffic flow patterns to
determine if there is potential impact to the function of TH 101 and/or the intersection with Valleyfair.
The Department of Natural Resources has and eantla�nds�The applicahe nt has stated the plan is at there are uate and not
expressed concerns regarding the floodplain ernes.
any wetlands on the site and is not proposing any adverse impact on adjoining properties.
ALTERNATIVES
1. Recommend to the City Council the approval of an amendment to the development plan to
incorporate Lots 1,2, and 3,Block 1,Prairie House 2nd Addition, into the Valleyfair Planned Unit
Development.
2. Recommend to the City Council the denial of the an amendment to the development plan to
incorporate Lots 1,2, and 3,Block 1,Prairie House 2nd Addition, into the Valleyfair Planned Unit
Development.
3. Continue the public hearing and request additional information from the applicant and/or staff.
1
STAFF RECOA�IIVIEENDATION
Staff recommends the approval of the request for an amendment to the Valleyfair Planned Unit
Development to incorporate Lots 1,2,and 3,Block 1,Prairie House 2nd Addition(Alternative No. 1).
ACTION REQUESTED
Offer a motion to recommend to the City Council, the approval of an amendment to the Valleyfair
Planned Unit Development,to incorporate Lots 1, 2, and 3,Block 1,Prairie House 2nd Addition, and
move its approval.
is\planning\boas-pc\1995\pc1207\pudamvf doc
2
• • Y • EXHIBIT A
RESOLUTION NO. 4174
A RESOLUTION OF THE CITY OF DEVELOPI\iENT PLAN�FOR THE MINNESOTA,
APPROVING THE
VALLEYFAIR PLANNED UNIT DEVELOPMENT.
WHEREAS,the Planning Commission of the City of Shakopee did review the Development
Plan for the Valleyfair Planned Unit Development on January 5, 1995, and has recommended its
approval; and
WHEREAS,all notices of the public hearing for the 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 Development Plan for the Valleyfair Planned Unit Development, described as:
•
That part of Government Lot 1,Section 33, Township 116,Range 22,
Scott County Minnesota,lying east of a line drawn parallel with and distance 3.100 feet East of the West line
extended of Section 4, Township 115,Range 22; and
That part of the East half of Section 4. Township 115,Range 22,
lying Northerly of the centerline of Minnesota Trunk Highway No. 101,
EV CEPTING THEREFROM that part of said East half lying Northerly of the Northeasterly houndmy of Trunk
Highway 101 and Westerly of a line drawn parallel with and
3,100 feet East of the West line extended of said Section 4,Scott County,Minnesota; and
That part of Government Lot 2,Section 3, Township 115 North,Range 22 West,Scott County,Minnesota, lying
• Northerly of the centerline of State Trunk Highway No. 101; and
Lot 3,Section 3,Township 115 North,Range 221V est,Scott County,Minnesota; and
That part of the North Half of the Southwest Quarter(N 1/2 of SW 1/4)of Section 3,
Township 115 North,Range 22 West.Scott County,Minnesota,
which lies Northerly of the centerline of State Trunk Highway No. 101
Unt
is hereby approved, subject to the conditions listed in Attachment , entitled
Plan ed as the
it
Development Agreement for Valleyfair, attached hereto and
following additional conditions:
1. The following variances are approved: "Except
A. Section 11.03, Subd. 3.C, regarding Lot Provisions, which states,
in the case of planned developments as provided for hereinafter, not more
than one principal building shall be located on a lot". No further Planned
Unit Development (PUD) approvals will be required for buildings or
structures for the amusement park expansion if they comply with the Major
Recreation (MR) Zone regulations and all other City Codes. An
amendment to the Planned Unit Development shall be required for the
motel and the restaurant.
B. Section 4.30, Subd. 4.D regarding Signage Mowed within the Heavy
Industrial (I-2) Zone. A variance to this portion of the Sign Ordinance to
authorize the existing multiple signs within the interior of the site, as well as
the existing pylon sign located at the entrance of the site.
2. The following is approved:
A. Section 4.03, Subd. 1.A (4), regarding fences states that fences six feet
and under are permitted anywhere on the lot, except the front yard setback;
and that fences in excess of this 6 foot height require a Conditional Use
Permit. A fence 8 feet in height is approved with this Planned Unit
Development to separate the proposed Department of Natural Resources
(DNR) trail from the Valleyfair site.
B. Lights shall not be installed or utilized in a manner which creates a traffic
hazard.
3. 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. Prior to relocating the existing creek, the applicant shall obtain a Permit to
Work in Protected Waters or Wetlands from the Minnesota Department of
Natural Resources and/or approval by the Army Corps of Engineers.
C. Prior to development of any designated wetlands, the applicant must obtain
a Certificate of Exemption or an approved Wetland Replacement Plan as
required by the Wetlands Conservation Act of 1991.
BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and
directed to execute said Development Agreement for the Development Plan for the Planned Unit
Development.
Passed in nar session of the City Council of the City of Shakopee, Minnesota,
held this .vf" qlay of , 1995.
Mayor of t e Shakopee
Attest:
F)) ''/1/ City Clerk
i
Appoved as to form:
City Attorney
02/23/95
EXHIBIT B
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116.
EXHIBIT D
November 8, 1995
Planning Commission
City of Shakopee
129 South Holmes Street
Shakopee, Minnesota 55379
Re: Planned Unit Development
Lots 1, 2 and 3, Block 1, Prairie House 2nd Addition
("Property")
Members of the Planning Commission:
The undersigned, Cedar Fair Limited Partnership ("Cedar Fair"), the owner of
the Property, hereby requests approval of an amendment to Valleyfair's existing
Planned Unit Development ("PUD") which will incorporate the Property into the
PUD. The Planning Commission undertook Concept Plan review at its regular
meeting on October 5, 1995. The Property was recently rezoned by the City from
Highway Business to Major Recreation on October 17, 1995. This request for a PUD
will comply with the City's objective to encompass Major Recreation zoning with a
PUD.
Accompanying this letter is a map of the Property and surrounding areas
showing existing land uses and public rights of way. The Property contains
approximately 22.73 acres and adjoins Valleyfair's easterly boundary. The Property
will be used to supplement Valleyfair, principally as additional parking, support
facilities, employee housing and motel/restaurant uses. These uses are directly in
keeping with the Major Recreational zoning of the Property.
There are no wetlands on the Property and there will be no adverse impact on
adjoining properties. All necessary roadways and utilities are constructed and
operational.
The amendment will incorporate the Property into the existing PUD and will
encompass the terms of the Planned Unit Development Agreement which is
currently in place on the Valleyfair main parcel, a copy of which is attached to the
Application.
The utilization of the Property as a PUD by Cedar Fair is the logical and best
use of the Property. Subjecting the Property to a PUD meets the criteria of the City as
expressed in the City's new Zoning Ordinance. We respectfully request your review
of the materials and approval of the PUD.
CEDAR FAIR LIMITED PARTNERSHIP
By Cedar Fair Management Company
By .life f
fts Jif'/q&
C 0 L NTT
Ila,
CONSEN
Memo To: Dennis Kraft, City Administrator
From: Terrie A.Thurmer,Assistant City Planner
Date: December 7, 1995 regarding PC-732,
Re: Appeal of the Decision of the Board of Adjustment and Appeals a Car Wash
Conditional Use Permit Two Principal Structures per Lot;To Operate
within One of the Principal Structures; and to Operate a Gas Station.
BackgroundAppeals, the Board approved a
At the November 9, 1995, meeting of the Board of Adjustment and applicantd
Conditional Use Permit request from S.S.G. Corporationration forbject to ten the gas�station and the car nditions. The appealed Condition No. 10 which limited the hours p
to between 6 am and 11 pm.
At the December 5, 1995, meeting of the City Council,erCouncil
oun p ethic decisiort of n byeliminatingiofthe
Board by upholding Conditions 1 through 9, but repart resolution to reflect this
The City
directed staff to
decision. The res
Condition No. 10.resolution has been lattached to this the appropriate
Action Requested 73�
Offer Resolution No. CC-pi;and move its adoption.
i:\punning\c61995\cc1219\appeessg.dx
h
vy
APPEAL RESOLUTION NO. CC27,22(
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
AFFIRMING IN PART AND REVERSING IN PART
THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS
REGARDING A CONDITIONAL USE PERMIT APPROVED FOR S.S.G. CORPORATION.
WHEREAS, S.S.G. Corporation, Applicant and owner, has filed an application dated
June 16, 1995, for a Conditional Use Permit under the provisions of Chapter 11, Land Use
Regulation (Zoning), of the Shakopee City Code, Section 11.85, Subd. 3, for a Conditional Use
Permit for Two Principal Structures per Lot; To Operate a Car Wash within One of the Principal
Structures; and to Operate a Gas Station; and
WHEREAS, this parcel is presently zoned Highway Business(B-1); and
WHEREAS,the property upon which the request is being made is legally described as:
That part of Lot 1, Block 1, Parkview 1st Addition, described as follows:
Beginning at the SW Comer of said lot, thence North along the West line of said lot 200.0';
thence 90 degrees East for 330.0'to a point on the East line of said lot;
thence South along the East line of said lot 226.0 plus or minus, to the SE Comer of said lot;
thence North 86 degrees 41 minutes, . 05 seconds for 330.64 feet to the point of beginning; and
WHEREAS, notice was provided and on November 9, 1995, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the Planning
Director and invited members of the public to comment; and
WHEREAS, at the conclusion of the public hearing, the Board of Adjustment and
Appeals voted to approve the application based on the following findings with respect to City
Code Section 11.85, Subd. 1, 'Criteria for Granting Conditional Use Permits':
Finding#1 The Board has received no evidence that the use as conditioned will be injurious to
the uses and the enjoyment of other property in the immediate vicinity, or would
substantially diminish or impair property values in the area.
Finding#2 The use as conditioned should not impede future development in the area. The
subject site contains 1.61 acres of land. The area surrounding the site is also zoned
Highway Business (B-1), except for the land west of Marschall Road (CR 17). This
area is currently zoned Agricultural, but is designated as Commercial in the draft
1995 Comprehensive Plan.
Finding#3 The site has, and/or will have, adequate utilities for the use as conditioned, and
adequate access is provided to the site. Engineering staff has commented that the
applicant should be made aware that the approval of the Conditional Use Permit
does not imply other approvals, such as Stormwater Management. This issue will
be addressed with the Building Permit. Separate Building Permits for signage and
the proposed structures will are required.
Finding#4 The use as conditioned is consistent with the purposes of the zoning code and
complies with Section 11.85, Subd. 1, regarding Criteria for Granting Conditional'
Use Permits. However, according to the site plan,the applicant is proposing only a
10 foot setback from the northern lot line and the proposed car wash. A 20 foot
setback is required for all principal structures located in the B-1 Zone. Therefore, a
condition requiring that the proposed car wash comply with this setback has been
imposed.
The use as conditioned will be able to meet the Design Standards of the Highway
Business Zone, as well as the parking requirements for these types of uses.The
total number of parking stalls required will be 30 stalls, and forty (40) stalls are
proposed to be provided on the site.
Finding#5 The uses as conditioned are consistent with the Comprehensive Plan. The area is
designated for commercial uses in the draft 1995 Comprehensive Plan; and
WHEREAS, a written appeal was filed with the City Administrator within ten days of the
action of the Board of Adjustment and Appeals regarding Condition No. 10, which states, 'The
business hours of the gas station and car wash shall be limited to 6 am to 11 pm"; and
WHEREAS, the City Council has reviewed the application, the record before the Board
of Adjustment and Appeals, and the Board of Adjustment and Appeal's action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, as follows:
That the City Council hereby affirms the decision of the Board of Adjustment and Appeals to
approve the following conditions for Conditional Use Permit Resolution No. PC-732:
1. The proposed car wash structure shall comply with the setback requirements for principal
structures within the Highway Business (B-1) Zone, including the 20 foot interior side yard
setback requirement;
2. The site shall be designed and placed to facilitate ingress, egress, and overall circulation,
both for the development as a whole and for the individual buildings and structures within
the development;
3. The site shall consist of structures that are owned, maintained, and operated under unified
control in accordance with a plan which contain provisions providing for the enforcement
thereof;
4. There shall be no vehicles which are unlicensed and/or inoperable stored on the premises;
5. All repair, assembly disassembly, and maintenance of vehicles shall take place within a
building, except minor maintenance such as tire inflation, adding oil, and wiper replacement
6. There shall be no sales, storage, or display of any used vehicles;
7. The car wash shall utilize a water conservation or recovery system;
8. The car wash shall provide stacking for at least three vehicles per aisle. The required
stacking shall not interfere with internal circulation patterns or with designated parking
facilities, and shall not be located in any public right-of-way, private access easement, or
within the required parking setback(15 feet); and
9. The car wash shall not have a public address system which is audible from any residential
property.
AND, that the City Council hereby reverses the approval of Condition No. 10 that was
approved by the Board of Adjustment and Appeals, thereby eliminating the restrictions imposed by
the Board on the business hours of the gas station and car wash.
Passed in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1995.
Mayor of the City of Shakopee
Attest:
City Clerk
Approved as to form:
City Attorney
t ' )
MEMO TO: Honorable Mayor. and Council
FROM: Dennis R. Kraft, City Administrator
RE: Public Safety Communications and Information System Joint Powers
Agreement Between the City of Shakopee and the County of Scott
DATE: December 12, 1995
INTRODUCTION:
Over the past four years the City has been working with Scott County on the
operation of a joint mobile data terminal system(MDT)which will reduce the radio call
load of the Scott County joint dispatch operation. The attached agreement establishes a
joint powers agreement between Scott County and the various cities in the County.
BACKGROUND:
The cities in Scott County and the Scott County Sheriffs Department have utilized a joint
emergency communications and dispatch network for many years. The joint powers
agreement establishes an administrative board which will be known as the Scott County
Law Enforcement Information Systems Committee(LEIS). The membership of the
committee includes the Scott County Sheriff,the Scott County Administrator,the head of
the Scott County Information Systems Services Department and the Police Chief and
Administrator(or designee)of each of the participating cities in Scott County. The
primary purpose of this group is to serve as a steering committee for the system and also
in an advisory capacity to the various parities to the agreement. The LEIS Committee
also is charged with the responsibility of coordinating the implementation of a centralized
public safety data/records component for the law enforcement records management
system.
Scott County has budgeted the necessary funds to purchase mobile terminals for
installation in emergency vehicles along with the necessary computer software and
hardware for the entire system. Scott County is proposing to lease mobile terminals to
the various member cities. The proposal calls for the equipment purchased to be
amortized for a five year period.
ALTERNATIVES:
1. Approve the City of Shakopee entering into an agreement with the County of
Scott for the joint powers agreement for a public safety communication and
information system.
2. Do not authorize the City to participate in this agreement.
RECOMMENDATION:
It is recommended that the City Council authorize the City to participate in this agreement.
The attached memo from Chief Steininger(Agenda Item 11C) requests permission to make a
commitment to Scott County to order MDT's this month for delivery next year. If the joint
powers agreement is not authorized the MDT's should not be ordered. While MDT's were not
included in the 1996 adopted budget, $24,000 was previously budgeted but not expended. that
amount went into the fund balance.
ACTION REQUESTED:
Move to authorize the appropriate City officials to enter into a joint powers agreement for a
public safety communication and information system with the County of Scott.
SCOTT COUNTY
OFFICE OF THE ADMINISTRATOR
COURTHOUSE 110
AVIT 428 HOLMES STREET SOUTH
SHAKOPEE, MN 55379-1382
(612) 496-8100
GARY L. CUNNINGHAM Fax: (612) 496-8180
COUNTY ADMINISTRATOR
MEMORANDUM
DATE: December 1, 1995
TO: City Administrators
FROM: Gary L. Cunningham, County Administrator
SUBJECT: Public Safety Communication and Information System Joint Powers
Agreement
Enclosed is the Public Safety Communication and Information System Joint Powers
Agreement which incorporates all the changes as agreed upon at our last meeting in
November. Please return an executed copy to my attention after approval by your respective
City Council. Please note that the Lease Agreement as Exhibit A is for reference purposes
and will be finalized upon equipment delivery.
Also enclosed is a draft of a resolution that will be considered by the Scott County Board of
Commissioners. I am providing this information to you and you are welcome to use it if you
choose.
Thanks to each of you for your valuable assistance in completing this agreement. This
collaborative effort will enhance our operations and benefit the citizens we serve.
GLC:jm
Enclosure
c: Sheriff Bill Nevin
Lt. Al DuBois
Susan McNellis, Assistant County Attorney
An Equal Opportunity/Safety Aware Employer
JOINT POWERS AGREEMENT
FORA
PUBLIC SAFETY COMMUNICATION
AND INFORMATION SYSTEM
This agreement is entered into by and between Scott County, hereinafter referred to
as the County, and the City of Belle Plaine, the City of Jordan, the City of New
Prague, the City of Prior Lake, the City of Savage and the City of Shakopee,
hereinafter referred to as the Cities, all collectively referred to as the Parties, pursuant
to Minnesota Statute 471.59.
WHEREAS, Scott County and the Cities recognize a growing need for direct
information access and exchange by law enforcement and other public safety
agencies of the County and the Cities;
WHEREAS, Scott County and the Cities seek to establish a computer communication
and information access and exchange system, employing mobile data terminals in
vehicles operated by personnel of law enforcement, fire, and/or emergency
departments, and including a central computer aided dispatch records management
system, hereinafter referred to as the Scott County Public
Safety Communication and Information System or "System"; and
WHEREAS, participating in the implementation of such a System, will increase
P P 9 P Y
efficiency and accuracy and decrease duplication of services, resulting in increased
safetyand substantial monetarysavings for the citizens and governments of the
9
County and the Cities;
NOW THEREFORE, in consideration of the mutual promises and benefits that each
party shall derive herefrom, Scott County and the Cities hereby enter into this
agreement for joint facilitation and operation of the System.
A. Scope of Agreement.
The purpose of this agreement is to provide an effective and efficient method of
inter-agency communication and access to a centralized public safety
the
communication and information system for law fire and
emergency services within Scott County, related to the public safety
responsibilities of the various parties. Implementation of the system will occur
only upon the approval of the County and Cities and execution of a lease
agreement by the parties, which is set forth in the attached Exhibit A.
1
B. Administrative Board."
For the purpose of facilitating this agreement, the Scott County Law
Enforcement Information Systems Committee of the Scott County. Emergency
Communications (Users) Board, hereinafter referred to as the L.E.I.S.
Committee, is hereby created. The L.E.I.S. Committee shall consist of the
Scott County Sheriff, the Scott County Administrator, the head of the Scott
County Information Systems Services Department, the police chiefs of each of
the participating cities, and the City Administrator or designee of each of the
participating cities.
The L.E.I.S. Committee shall serve as a steering committee for the.System and
in an advisory capacity to the Parties in the following areas; a forum for
discussion of technology problems and application of system technologies to
improve the efficiency and effectiveness of the system; resolving conflicts which
may arise from the new system; assessment and recommendations regarding
requests from user departments for new or enhanced system projects;
project(s) evaluation, continuation and/or termination; effective allocation of
technology resources among user departments; funding and other areas
involved in the administration of the system as may requested by the parties;
acquisition of new and disposal of used equipment; annual and capital budget
costs; maintenance standards for operating procedures; and establish and
maintain the by-laws.
In the event that policy and/or funding issues not contemplated in this
agreement arise, the L.E.I.S. Committee will review, discuss and make
recommendations. The Scott County Sheriff shall have the authority to veto
such recommendations of the L.E.I.S. Committee. The decision of the Scott
County Sheriff may be appealed by a participating city to the Scott County
Board of Commissioners.
C. Computer Aided Dispatch Records Management System.
The. L.E.I.S. Committee shall coordinate implementation of the centralized public
safety data or records component of the System. This component of the
System will enable an individual user and a law enforcement office to access
one central system that warehouses all public safety information, criminal justice
data generated by all the parties, and district court, state and federal
information. The data will be placed in a host computer located in the County's
Information Systems and Services Department. Law enforcement and
emergency personnel of the County and each City shall have unimpeded
twenty-four (24) hour access to the record and information data of the System.
2
D. Funding of the System:a
The County has obtained the necessary funds to purchase the mobile terminals
for installation in emergency vehicles, modems and computer software and
hardware required to establish the System. The County will purchase and
lease mobile terminals to the Cities, allowing for reduced cost to all Parties by
utilizing the power of mass purchase and uniform systems operation. The
Cities will pay to the County a monthly lease amount to cover the initial cost of
the terminals, to be amortized over five (5) years, and installation, maintenance,
insurance, as well as state access fees, and interest, pursuant to the terms of
the lease (Exhibit A).
It is contemplated that the terms of the lease will be re-negotiated at the end of
five (5) years, to provide for renewal of the maintenance, insurance and other
service provisions regarding the terminals and a rental fee for the terminals still
in use.
The interest and any other monies collected in excess of the cost of acquiring,
installing and maintaining the Public Safety Communication and Information
System will be deposited in a designated fund by the County to provide for
additional purchases to replace, maintain, improve and/or enhance the system.
E. Major Policy Reformation and/or Dispute Resolution.
All Parties will seek in good faith to resolve policy, equipment, funding,
technological and other issues through negotiation or other forms of dispute
resolution mutually acceptable to the Parties.
F. Amendment/Termination of Agreement.
This agreement may be amended upon agreement of the County and the
participating cities.
G. Indemnification.
Each Party shall be liable for its own acts to the extent provided by law and
hereby agrees to indemnify, hold harmless and defend the other, its officers
and employees against any and all liability, loss, costs, damages, expenses,
claims or actions, including attorney's fees which the other, its officers and
employees may hereafter sustain, incur or be required to pay, arising out of or
by reason of any act or omission of the Party, its agents, servants or
employees, in the execution, performance, or failure to adequately perform its
obligations pursuant to this agreement.
H. Severability.
The provisions of this agreement shall be deemed severable. If any part of this
agreement is rendered void, invalid, or unenforceable, such rendering shall not
affect the enforceability and validity of the remainder of this agreement unless
the part or parts which are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire agreement with respect to any Party.
1. Term of Agreement.
The term of this agreement shall commence on , the date of
signature by the Parties notwithstanding, and shall continue in effect thereafter
for five (5) years. There must be participation by the County and at least three
Cities or this agreement shall be null and void. No Party to this agreement may
terminate its participation in the System prior to the expiration of the five (5)
year term. This agreement may be renewed upon agreement of the County
and Cities.
IN WITNESS WHEREOF, the Parties have caused this agreement to be
executed as of this day of 1995.
COUNTY OF SCOTT
APPROVED:
By
Richard Underferth William Nevin
Chair, Board of Scott Scott County Sheriff
County Commissioners
Approved as to form:
Gary L. Cunningham
Scott County Administrator
Thomas J. Harbinson
Date: , 1995 Scott County Attorney
7
4 .
CITY OF BELLE PLAINE
APPROVED:
By
Gerald J. Meyer Steven Rost
Mayor, City of Belle Plaine Belle Plaine Police Chief
Approved as to form:
David R. Iverson
Belle Plaine City
Administrator Lee Vickerman
Belle Plaine City Attorney
Date: , 1995
CITY OF JORDAN
APPROVED:
By
Ronald Jabs Alvin Erickson
Mayor, City of Jordan Jordan Police Chief
Approved as to form:
Kay Kuhlmann
Jordan City Administrator
and City Clerk Steven Bergeson
Jordan City Attorney
Date: , 1995
5
CITY OF NEW PRAGUE -
APPROVED:
By
Jerry Flicek Dennis Rohloff
Mayor, City of New Prague New Prague Police Chief
Approved as to form:
Jerry Bohnsack
New Prague City Administrator
Christopher Nelsen
New Prague City Attorney
Date: , 1995
CITY OF PRIOR LAKE
APPROVED:
By
Lydia Andren Richard Powell
Mayor, City of Prior Lake Prior Lake Police Chief
Approved as to form:
Frank Boyles
Prior Lake City Manager
Glen Kessel
Prior Lake City Attorney
Date: , 1995
CITY OF SAVAGE
APPROVED:
By
Donald Egan Gordon Viasak
Mayor, City of Savage Savage Police Chief
Approved as to form:
Stephen P. King
Savage City Administrator
David Keller
Savage City Attorney
Janice E. Saarela
Savage City Clerk Date: , 1995
CITY OF SHAKOPEE
APPROVED:
By
Gary Laurent Thomas Steininger
Mayor, City of Shakopee Shakopee Police Chief
Approved as to form:
Dennis Kraft
Shakopee City Administrator
Karen Marty
Shakopee City Attorney
Judy Cox
Shakopee City Clerk Date: , 1995
P
DECEMBER 1, 1995
RESOLUTION NO. ; AUTHORIZING IMPLEMENTATION OF
A PUBLIC SAFETY COMMUNICATION AND INFORMATION SYSTEM
TO BE UTILIZED BY LAW ENFORCEMENT, FIRE AND EMERGENCY
AGENCIES WITHIN SCOTT COUNTY.
WHEREAS, Scott County and the Cities of Belle Plaine, Jordan, New Prague, Prior
Lake, Savage and Shakopee have been discussing the concept of a centralized public safety
information and records system allowing for interaction and sharing of data by public safety
agencies and such a system has been planned and developed through the cooperation of all the
parties; and
WHEREAS, the designated system employees mobile data computer terminals in
vehicles operated by personnel of law enforcement, fire and/or emergency services
departments and a central computer aided dispatch records management system containing all
criminal justice data in one location; and
WHEREAS, joint participation in the proposed Public Safety Communication and
Information System, hereinafter referred to as the "System", will capitalize on the present
investments of the parties and result in enhanced efficiency and accuracy, increased public
safety, and substantial monetary savings.
NOW, THEREFORE BE IT RESOLVED, that the Scott County Board of
Commissioners hereby approves participation in the System to be utilized by law enforcement,
fire and/or emergency services agencies of the County and the above listed Cities according to
the following conditions:
1. That the Public Safety Communications and Information System will be maintained
by the Scott County Sheriff's Office, which will facilitate the purchase, leasing, installation,
and maintenance of the mobile data terminals, as well as the purchase of the necessary
computer software and hardware for the central communication, information and records
management system, which will be housed in the County's Information Systems and Services
Department.
2. That the participating cities will lease from Scott County the necessary computer
equipment, specifically mobile data terminals, to be installed in emergency vehicles pursuant
to the terms of a five year lease agreement. It is anticipated that the terms of the lease will
be renegotiated after five years.
3. That the monthly lease payments will cover the costs of installation, maintenance,
insurance and State access fees regarding the equipment, plus interest. Any monies collected
in excess of the expenses of the System will be maintained in a separate fund by Scott County
for the purchase of replacement and/or technologically enhanced equipment for the System.
Page2of2
4. That this policy becomes effective only upon the execution of a written agreement
(lease) between the County and each of the Cities, which includes indemnifying the County of
any damages incurred as a result of the use of this program by the Cities.
BE IT FURTHER RESOLVED, that copies of this resolution be furnished to
member of the Scott County Law Enforcement Information Systems Committee and Scott
County Emergency communications Board as well as the appropriate County staff involved
with this program.
•
Exhibit A
MOBILE DATA TERMINAL LEASE AGREEMENT
This Agreement, entered into by and between the County of Scott, by and through
the Scott County Sheriffs Office, 428 South Holmes Street, Shakopee, Minnesota,
hereinafter referred to as "Lessor", and the City of by and
through the Police/Fire/Emergency Department at the address of:
, Minnesota,
hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee agree that use of certain computer equipment in
emergency and/or other public safety vehicles by Lessee would ensure direct,
efficient and interactive communication and central record information access, which
would be beneficial to both Lessor and Lessee; and
WHEREAS, in order to more directly and efficiently access and exchange information
through a Scott County central computer system, the Lessee desires to make use of
certain computer equipment from the Lessor and is willing to compensate Lessor in
return therefore.
NOW THEREFORE, in accordance with the terms and conditions of this agreement,
the parties hereto agree as follows:
1. Scope of Agreement.
Subject to the terms of this Agreement, Lessor agrees to lease to Lessee and
Lessee hereby agrees to lease from Lessor, items of computer equipment,
hereinafter referred to as the "Equipment," as further described and listed on
the attached Exhibit B.
2. Responsibilities.
Lessor will deliver, install and make the Equipment ready for use commencing
on or about January 1, 1996. The actual lease commencement date is the
date the initial installation of the Equipment in all designated vehicles is
complete. Lessee shall cause to be provided any and all customary
maintenance necessary for the Equipment, as further described in Section 14
of this Agreement, pay all state access fees required to operate the
Equipment, and procure and maintain insurance for the Equipment.
Lessee is responsible for designating one person within Lessee's public safety
unit(s) to be the liaison -regarding the installation and maintenance of the
Equipment. Lessee is responsible for being prepared to accept installation of
the Equipment on the above date. After installation of the Equipment, Lessee
is responsible for any loss of or damage to Equipment due to the negligence of
Lessee or its representatives or agents. In such event, Lessor shall submit to
Lessee an invoice documenting the cost of repair or replacement of the
equipment so lost or damaged.
3. Consideration and Terms of Payment.
In return for the Lessor making available the Equipment identified in this
Agreement, Lessee agrees to pay to Lessor the sum of
and no/00 ($ .00) Dollars per
month.
The monthly lease charge as set forth above (or a pro-rata portion thereof, if
the Equipment is installed after the first calendar day of a month) for each unit
of Equipment begins on the date Lessor has initially installed the Equipment in
all the designated vehicles and the Equipment is determined to be good
operating order. This charge includes the initial cost of the Equipment, pro-
rated or amortized over five years, interest of six (6%) percent on the
outstanding balance, state access fees, maintenance costs, and insurance
costs and entitles Lessee to unlimited use of the Equipment, exclusive of the
time required for preventive or remedial maintenance. Lessee will be billed in
advance of the Lease Commencement Date and each month thereafter.
Payments are due and payable in full on or before the first day of each month
during the term of this Agreement. Service charges, subject to applicable law,
not in excess of six (6%) per month, may be imposed on past due payments.
Charges for a partial month's lease will be pro-rated based on a thirty (30) day
month. Lessee agrees that Lessee's obligation and duty to pay all sums due
and to become due pursuant to this agreement should be absolute and
unconditional and are not subject to any defense, counterclaim, set off or
recoupment by reason of past, present or future claims which lessee may have
against lessor or any other person. Additionally, Lessee will not assert against
assignee of this agreement any defense, counterclaim, setoff or recoupment
by reason of any past, present or future claims which lessee may have against
Lessor.
4. Lease Term, Extension.
The initial term of this Lease Agreement is five (5) years. Upon expiration of
the initial term of this Agreement, the equipment maintenance, insurance, state
access fees and other service provisions of this Agreement may be extended
2 -----------
•
with appropriate or necessary modification of terms, unless either party gives
the other party written notice of its discontinuance at least sixty (60) days prior
to expiration of the initial or extended term.
5. Title to Equipment.
All items of Equipment shall remain the sole property of Lessor and shall at all
times remain separate items of personal property, notwithstanding attachment
or affixing to other items of equipment, vehicles, other personal or real property
or any building thereon. The Equipment may be removed by Lessor upon
termination of this Lease after its term has expired or in the event Lessee is in
material default of its covenants or undertakings of this Agreement. Lessee
shall not remove, or cause or permit to be removed, from any Equipment, any
serial number, model, name or other indicia of ownership.
6. Equipment Installation.
Lessee is responsible, at its sole expense, for having the vehicles prepared
prior to the scheduled installation date in accordance with the Lessor's
instructions, including supplying all necessary installation facilities, such as
space, electrical power, outlets and other necessary items to fulfill Lessee's
responsibility.
7. Equipment Relocation.
Lessee agrees not to move the Equipment without prior written notification to
Lessor. Any relocation of the Equipment shall be accomplished by Lessor or
its assigns, unless otherwise agreed. All relocated Equipment shall continue to
be bound by this Agreement.
8. Equipment Alteration and Attachments.
No alterations in or attachments to the Equipment may be made without prior
written approval of Lessor. If, after such written approval has been obtained,
the alterations or attachments interfere with the normal and satisfactory
operation or maintenance of any of the Equipment, such as to increase sub-
stantially the cost of maintenance thereof or create a safety hazard, Lessee
shall, upon notice from Lessor, promptly remove the alteration or attachment
and restore the Equipment to its original condition.
9. Equipment Warranty.
Lessor warrants that the Equipment delivered under this Agreement shall be
compatible with Lessee's present equipment, shall be in good working order
and shall be fit for the designated purposes.
10. Additional Equipment.
In addition to the Equipment listed on Exhibit B of this Agreement, Lessor may
furnish other items of equipment to Lessee under this Agreement to update or
enhance the communication and information access purposes of this
agreement. Any such equipment would be furnished and installed at the
scheduled charges in effect on the date such equipment is delivered ready for
use. Such additional items of equipment when leased hereunder shall
constitute a part of the "Equipment." Lessor shall notify Lessee in writing and
shall specify the term of the lease, model number, quantity and unit price of
the equipment desired to be installed.
11. State Access Fees.
Lessor shall pay all state access fees arising from or based upon the
Equipment or its use, during the term of this Agreement.
12. Insurance and Indemnification.
Lessor shall, sell, insure or maintain insurance for the Equipment. Said
insurance shall provide against the loss or theft of or damage to the
Equipment, for the full replacement value. Coverage shall not include the
intentional acts of Lessee.
Lessee agrees to use the Equipment in a careful and proper manner. Each
party shall be liable for its own acts to the extent provided by law and hereby
agrees to indemnify, hold harmless and defend the other, its officers and
employees against any and all liability, loss, costs, damages, expenses, claims
or actions, including attorney's fees which the other, its officers and employees
- may hereafter sustain, incur or be required to pay, arising out of or by reason
of any act or omission of the Party, its agents, servants or employees, in the
execution, performance, or failure to adequately perform its obligations
pursuant to this agreement.
13. Software.
Lessee agrees that it will not make or allow any unauthorized use of the
software program utilized by the Equipment. Lessor represents that the
computer application software to be utilized by the Equipment conforms to the
requirements of this Agreement and shall be upgraded as available through
4
Lessor's software provider.
14. Maintenance Service.
Lessor shall cause to be provided the necessary adjustments, repairs and
replacements of the Equipment, unless such adjustments, repairs or
replacements are made necessary by Lessee's breach of its covenants to take
reasonable care in the operation and use of the Equipment, in which case,
Lessee shall pay Lessor expenses in connection therewith. Lessor
agrees to provide the following maintenance services to Lessee to keep the
Equipment in good working order, all of which services are included within the
basic monthly charges, including parts:
A. Whenever feasible, any Equipment needing preventive or remedial repairs
or adjustments shall be removed from Lessee's vehicle and a temporary
replacement unit, of the same or similar specifications, will be installed, to
minimize disruption to Lessee due to preventive or remedial maintenance.
B. Lessor will perform, in a timely fashion, periodic or routine preventive
maintenance according to the specific needs of the individual items of
Equipment as determined by Lessor. Preventive maintenance will include,
necessary adjustments, repair or replacement of parts rendered unserviceable
in ordinary use, any engineering changes and any other maintenance deemed
necessary by Lessor.
C. Lessor will perform such reasonably requested unscheduled remedial
maintenance service, including necessary adjustments and repair or
replacement of parts rendered unserviceable in ordinary use, as needed to
keep the Equipment in good operating condition.
15. Termination.
This contract may be terminated by either party, with or without cause, upon
sixty (60) days written notice to the authorized agents of Lessor or Lessee.
16. Authorized Agents.
The authorized agent for Scott County for purposes of administration of this
Agreement is:
Sheriff William Nevin
• Scott County Courthouse
428 South Holmes Street
Shakopee, Minnesota 55379
5
I
The authorized agent for the City of
for the purposes of administration of this Agreement is:
17. Written Notice.
Any notice or other communication under this Agreement shall be in writing
and shall be enclosed in a sealed envelope, postage prepaid, and deposited in
the United States Postal Service, addressed to the authorized agent at the
address stated herein.
18. Changes.
The parties agree that no alteration, amendment, deletion or modification of
this Agreement shall have any force or effect unless the change is reduced to
writing, dated and made a part of this Agreement. The execution of the
change shall be authorized and signed in the same manner as for this
Agreement.
19. Sublease/Assignment.
Lessor may assign this Agreement and any of its rights hereunder for the
purpose of financing the acquisition of equipment through a financial institution,
by granting a security interest in or other lien on the equipment. Such
assignment shall not relieve Lessor of any of its obligations or impose upon the
assignee any of the obligations of the Lessor described in this Agreement.
Under this Agreement, Lessor may enter into a contract for the installation,
remedial and preventive maintenance services provided to Lessee. Any
agreement between Lessor and any contractor shall obligate the contractor to
comply with the general terms of this Agreement. With the exception of the
above provisions, the parties shall not enter into any contract or subcontract
for the performance of the terms and conditions of this Agreement nor assign
or transfer any interest in the lease without prior written consent of the other
party and subject to such conditions and provisions as are deemed necessary.
20. Successors and Assigns.
The County and the City, respectively, bind themselves, and any partners,
successors, assigns or other authorized representatives to the other party to
this Agreement and the partners, successors, assigns or other authorized
6
representatives of such other party with respect to all covenants of this
Agreement.
21. Severability.
The provisions of this Agreement shall be deemed severable. If any part of
this Agreement is rendered void, invalid, or unenforceable, such rendering
shall not affect the validity and enforceability of the remainder of this
Agreement unless the part or parts which are void, invalid or otherwise
unenforceable shall substantially impair the value of the entire Contract with
respect to either party. The parties agree to substitute for the invalid provision,
a valid provision that most closely approximates the economic effect and intent
of the invalid provision.
22. Entire Agreement.
It is understood and agreed that the entire agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well
as any previous agreements presently in effect between the Lessor and
Lessee relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed as of this day of , 1995.
COUNTY OF SCOTT CITY OF
APPROVED: APPROVED:
By By
Richard Underferth
Chair, Board of Scott Mayor, City of
County Commissioners
William Nevin
Scott County Sheriff Police Chief
Gary L. Cunniflgham
7
i '
Scott County Administrator City Administrator
Approved as to form: Approved as to form:
Thomas J. Harbinson
Scott County Attorney City Attorney
'IC'
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Mobile Data Terminals (MDT's)
DATE: 12 12 95
INTRODUCTION: The Scott County Sheriff's Office has asked the
Shakopee Police Department to agree to lease a specific number of
MDT's sometime during 1996. This request is being brought before
Council now rather than in 1996 because Scott County wanted to
order this equipment by 12 12 95. It was not possible to do that
because the MDT Joint Powers Agreement had not been approved by
council. Scott County still wishes to proceed with the project as
rapidly as possible.
BACKGROUND: In 1991, the Scott County Emergency Communications
Board began to investigate use of MDT's as a means of addressing
some of the overload problems that exist in the emergency radio
communications system. MDT's are special computer terminals which
are designed to be installed in emergency vehicles and transmit
information digitally rather than by voice. This increases the
number of users a radio system can accommodate. A radio channel
transmitting information by voice can accommodate about 20 users.
The same channel can accommodate 150 users transmitting digital
information.
MDT's also allow officers to obtain information about motor vehicle
registrations, drivers licenses, missing persons and certain types
of stolen property directly from the State without assistance from
a dispatcher. The Scott County Sheriff's Office has indicated that
use of MDT's can ultimately free up about 75% of the dispatchers'
time allowing them to perform other records keeping functions which
will benefit both the Police Department and the Sheriff's Office.
This project has been in the works for four years. Specifications
have been developed, proposals have been submitted and Scott County
is ready to order equipment. They have invited us to participate
at one of three levels.
Option 1. Mobile Computer Terminal Type I 486 MCT $7,756. 11
Principal and 6% interest (60 mo. ) 149. 10/mo.
State Access 30.00/mo.
Maintenance and Insurance 10.00/mo.
Total monthly payment per terminal $189. 10
Option 2. Mobile Data Terminal Type II MDT $3, 127.27
Principal and 6% interest (60 mo. ) 60.46/mo.
State Access 30.00/mo.
Maintenance and Insurance 10. 00/mo.
Total monthly payment per terminal $100.46
Option 3. Radio Modem for portable $2,725.47
Principal and interest (60 mo. ) 52 .70/mo.
State Access 30.00/mo.
Maintenance and insurance 10.00/mo.
Total monthly payment per modem $92 .70
It will cost another $387.00 per unit to have Mobile Terminals
installed in vehicles.
Acquisition of this equipment should reflect consideration of the
following criteria:
- The equipment should be designed to be used in a car where
it will be expected to withstand significant bumps, an
extreme range of temperatures, a lot of dust and continuous
vibration.
- To assure maintenance support and maximum compatibility with
the system, equipment should be of good quality and as close
as possible to being the same as other system users are
installing.
- To be cost effective, equipment should fill current needs
without exceeding them. MDT's which are dumb terminals with
a 386 chip will perform the information gathering functions
identified previously herein. MCT's are smart terminals
with a 486 chip. The capacity of the MCT's greatly exceeds
the capacity of the rest of the communication system at this
time.
- Scott County is developing a new Records Management System
(RMS) and a new Computer Aided Dispatch System (CAD) . Both
of these projects are very large and when they are up and
they will redefine the operational requirements for mobile
units to an unknown extent, probably before five years pass.
It will almost certainly take MCT's to exploit the capacity
of these systems.
- Should equipment be purchased or leased? The lease proposed
by Scott County requires less money up front but will
ultimately cost more than an outright purchase. The five
year duration of the proposed lease seems lengthy when
measured in terms of the speed with which computers and
related technology change. It seems realistic to anticipate
that it will not be in the best interest of the City to use
computers purchased in 1996 until 2001. Purchasing instead
of leasing mobile terminals would remove the City from the
position of trying to predict when other agencies will get
certain things done and provide flexibility to react to
anticipated changes in technology.
In 1991, the estimated cost of participation in this project was
$24,000. When the 1992 and 1993 Police Budgets were prepared, a
proactive attempt to deal with ,the cost of this project involved
setting $12, 000 aside each year so the money would be available to
deal with this expense at a later date.
ALTERNATIVES:
1. Lease Type I 486 MCT's at $189. 10/mo. x 60 mo. + $387.00
installation = $11,773.00 including insurance, maintenance and
line charges.
2. Lease Type II MDT's at $100.46/mo. x 60 mo. + $387.00
installation = $6,414.60 including insurance, maintenance and
line charges.
3. Lease Radio Modems at $92.70/mo. x 60 mo. = $5,562. 00 including
line charges. Under this option, laptop computers would have
to be purchased, maintained and insured independently.
4. Purchase and install MCT's for $8,143. 11 and pay Scott County
$40.00/mo. for insurance, maintenance and line charges. The
five year cost per unit under this option would be $10,543 .11.
5. Purchase and install MDT's for $3514.27 and pay Scott County
$40.00/mo. for insurance, maintenance and line charges. The
five year cost per unit under this option would be $5914.27.
6. Do not acquire mobile terminals.
RECOMMENDATION:
Alternative #5, agree to purchase and install six MDT's from Scott
County at a cost of $21,085.62 from funds which were set aside for
this purpose in 1992 and 1993 . When the equipment is operational,
pay insurance, maintenance and line charges through the end of 1996
from the remainder of these funds.
ACTION REQUESTED:
Authorize the appropriate city officials to notify Scott County
that the Shakopee Police Department intends to purchase six Mobile
Data Terminal Type II MDT's at a cost of $3514.27 per unit and to
pay Scott County maintenance, insurance and state access line fees
at a combined rate of $40. 00 per unit per month.
,17 Ui' ENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Ordinance Amending City Code Chapter 4
DATE: December 12, 1995
MEETING DATE: December 19, 1995
INTRODUCTION:
This item was tabled from the December 5, 1995 Council meeting in which Council was
to consider a building permit application from Mr. Bruce Reichstedt of 977 Aster Lane to
build a deck into the City's drainage and utility easement for the Upper Valley
Drainageway.
BACKGROUND:
A building permit has been applied for the construction of a deck attached to a single
family house at Lot 3, Block 1, Meadows 7th Addition. The Engineering Department,
upon review of the building permit, discovered that the proposed deck of 16 feet in width
would extend into the drainage and utility easement approximately 5 to 6 feet.
At the December 5, 1995 meeting, staff had proposed an ordinance amendment which
would allow structures in an easement when the Director of Public Works determines that
the purpose and usefulness of the easement will not be impaired. Council directed staff to
redraft an ordinance amendment to incorporate requirements from the property owner to
accept the liability of any property damage and for the agreement to be recordable on the
property.
In the initial draft ordinance amendment, staff was proposing language to accommodate
the construction of decks within City easements. The language proposed was general,
required a judgment decision by the Public Works Director and may be precedent setting
for other building to be built within a City easement.
A redraft ordinance amendment should be very specific as to the requirements and what
buildings would be permitted. Staff would suggest the redraft include the following
conditions:
1. Building permits for a deck within a drainage and utility may be issued only on a rear
lot easement area if rear lot setbacks are met, the purpose and usefulness of the
easement is not impaired, an agreement between the property owner and City is
entered into which holds the City harmless of any property damage within the
easement and this agreement is recordable on the property.
Reviewing this situation further,the options available are as follows:
1. Approve an ordinance amendment with specific conditions as previously mentioned.
2. Inform the property owner to modify his building permit application to build the deck
outside the easement line. This deck would be approximately 10 feet in width.
3. Vacate the easement in the area of the proposed deck construction if the easement
area is determined not to be necessary.
For Option #1, the more specific ordinance amendment would only allow structures
defined as decks in residential housing and only allow the encroachment in the easement
on the rear lot area only and not supersede rear and side lot setbacks. In addition, an
agreement would be required to protect the City and provide documentation to future
property owners of the deck construction within the easement.
For Option #2, this would require the property owner to build within the established
confines of this particular lot.
For Option #3, engineering analysis is necessary to determine whether the easement can
be vacated. The property owner has indicated he would be willing to pay for a vacation
of an easement if the easement could be vacated.
A survey of the easement line and actual elevations are needed to compare with the 100
year flood elevation in which the easement line was based upon. Engineering staff has
visited the site and the proposed deck installation in the opinion of staff would not impair
the drainage flow of the Upper Valley Drainageway.
Staff has measured the VIP sanitary sewer location from the proposed edge of the 16 foot
wide deck and would have at least 25 feet. Staff also checked the 100 year flood
elevation of the U.V.D. by this lot to be 783.50. The elevation of the ground 20 feet from
the rear of the house was measured to be 785.05.
Staff has contacted the property owner with this information and he again expressed a
willingness to proceed with a vacation of easement to allow the construction of a deck on
his property. The property owner was told of the vacation fees in which he would be
responsible for.
Staff initially proposed an ordinance amendment which would allow construction of a
deck within easements, however, staff feels this ordinance amendment is not necessary
with the property owner agreeable to applying for a vacation of easement.
ALTERNATIVES:
1. Remove the ordinance allowing limited construction in City easements from the
table.
2. Do not remove this item from the table.
3. Direct staff to advise the applicant to apply for a vacation of an easement on his
property for the construction of a deck as per his building permit application.
4. Direct staff not to advise applicant to apply for vacation and redirect staff to
redraft the ordinance allowing limited construction in City easements.
5. Direct staff not to redraft an ordinance as previously directed at the December 5,
1995 Council meeting and removed from further consideration.
RECOMMENDATION:
Staff recommends Alternative No.'s 1, 3 and 5. The item needs to be removed from the
table. Staff believes after further analysis that a vacation of easement would best serve
the applicant and City and the applicant has agreed verbally. With the possible vacation,
an ordinance amending City Code Chapter 4 is not necessary at this time.
ACTION REQUESTED:
1. Move to remove the ordinance allowing limited construction in City easements
from the table.
2. Direct staff to advise the applicant to apply for a vacation of an easement on his
property for the construction of a deck as per his building permit application.
3. Direct staff not to redraft the ordinance allowing limited construction in City
easements as previously directed at the December 5, 1995 Council meeting and
remove from further consideration.
BL/pmp
REDRAFT
CONSEN4
1 /si-"
MEMO TO: Dermis R. Kraft, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Termination of Probationary Status
Al Koester
DATE: December 13, 1995
MEETING DATE: December 19, 1995
BACKGROUND:
Al Koester started working for the City on June 5, 1995 at Step 1 of the 1994 Pay Plan as
an Engineering Technician II. His six months probationary period has been completed
satisfactorily. It is recommended that his probationary status be terminated and that he be
given a salary adjustment to Step 2 of the Pay Plan.
ALTERNATIVES:
1. Move to terminate Al Koester's probationary status and adjust his salary to Step 2
of the 1995 Pay Plan.
2. Extend his probationary status another six months.
3. Terminate his employment with the City.
RECOMMENDATION:
Terminate Al Koester's probationary status and adjust his salary to Step 2 of the 1995
Pay Plan.
ACTION REQUESTED:
Move to terminate Al Koester's probationary status and adjust his salary to Step 2 of the
1995 Pay Plan.
BL/pmp
PROBATION
CONSENT
/ //-
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney,Public Works Director
SUBJECT: Acceptance of Drainage Easement
Lot 2, Block 1,Valley Park Tenth Addition
DATE: December 13, 1995
MEETING DATE: December 19, 1995
INTRODUCTION:
Attached is an easement agreement between Valley Industrial Center 3 Limited
Partnership and the City of Shakopee for the granting of a drainage easement on Lot 2,
Block 1, Valley Park Tenth Addition.
BACKGROUND:
On Lot 2, Block 1,Valley Park 10th Addition, drainage from a number of properties flow
on this lot and ultimately into the City's stormwater system in Park Place. Jon Albinson,
Project Director of Valley Green Business Park, and is also representing Valley Industrial
Center 3 Limited Partnership, which is affiliated with Valley Green Business Park,has
proposed and prepared a drainage easement to the City in order to provide other
properties the right to drain on this parcel and into the City's storm sewer system.
Staff has reviewed the site and believes accepting the easement will not increase the
City's cost and will prevent future property owner disagreements on drainage issues in
this area. Attached is a drawing of Lot 2, Block 1,Valley Park Tenth Addition showing
the drainage easement area being granted to the City.
ALTERNATIVES:
1. Move to accept the drainage easement from Valley Industrial Center 3 Limited
Partnership on Lot 2, Block 1,Valley Park Tenth Addition.
2. Do not accept the easement.
3. Table for more information.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to accept the drainage easement from Valley Industrial Center 3 Limited
Partnership on Lot 2, Block 1,Valley Park Tenth Addition.
BL/pmp
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EASEMENT AGREEMENT
4
THIS EASEMENT AGREEMENT made and entered into this 3'� day of e<7fol,. ,
1995,by Valley Industrial Center 3 Limited Partnership,a Minnesota limited partnership,Grantor,
AND the City of Shakopee,a Minnesota municipal corporation,situated in Scott County,Minnesota,
Grantee.
In consideration of One Dollar($1.00)and other good and valuable consideration in hand
paid by Grantee,the receipt and sufficiency of which Grantor hereby acknowledges,Grantor hereby
grants, conveys and sells to Grantee, its successors and assigns, a permanent easement for
drainage purposes over,under and across that part of Lot 2,Block 1,Valley Park Tenth Addition,
Scott County,Minnesota,which lies westerly of the following described line:
Commencing at the northwesterly corner of said Lot 2, Block 1 which is the
common corner with the southwesterly corner of Lot 1,Block 1,Valley Park Seventh
Addition; thence South 74 degrees 51 minutes 50 seconds East along the
southerly line of said Lot 1, Block 1, Valley Park Seventh Addition, Scott County,
Minnesota, and its extension easterly a distance of 950.00 feet to the point of
beginning of the line to be described; thence North 15 degrees 08 minutes 10
seconds East,parallel with the most westerly line of said Lot 2,Block 1,Valley Park
Tenth Addition, and its extension, a distance of 380.00 feet, more or less,to the
westerly line of said Lot 2, Block 1,Valley Park Tenth Addition;and said line there
terminating;
together with the right to construct, install, maintain, repair, use, enlarge, modify and service
facilities for drainage purposes within the easement area.
Grantor certifies that it is the owner of the property and empowered to grant this easement
subject to encumbrances of record.
IN WITNESS WHEREOF,the parties have caused this agreement to be executed as of the
date and year first above written.
VALLEY INDUSTRIAL CENTER 3 LIMITED
PARTNERSHIP,a Minnesota Limited
Partnership
By VALLEY INDUSTRIAL CENTER 3,INC.,a
Minnesota Corporation,its General Partner
By
Wendell R. u
Its Vice President
STATE OF CONNECTICUT ) •
ss
COUNTY OF FAIRFIELD {�,,,^�
The foregoing instrument was acknowledged before me this �1 day of d(, JL4" ,
1995 by Wendell R. Kurtz, the Vice President of Valley Industrial center 3, Inc., a Minnesota
corporation, as general partner of Valley Industrial Center 3 Limited Partnership, a Minnesota
limited partnership on behalf of the corporation and partnership
TRACEV G STROH •
Notary Public
FAIRFIELD CORN;-v
410
My Commission Expires JAN 31.1997 ►
► Notary Publi
Approved as to form:
#4s r, _
City Attorney
This instrument drafted by:
BEST&FLANAGAN(RAP)
Professional Limited Liability Partnership
4000 First Bank Place
601 Second Avenue South
Minneapolis,MN 55402-4331
(easeagmt)
CONSENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: 1996 Cigarette Licenses
DATE: December 15, 1995
INTRODUCTION and BACKGROUND: 1 1 a.,
Although the City Code does not specifically state that the
Council shall approve applications for a cigarette license, in
the past, the City Attorney has advised that it would be in order
to authorize the City Clerk to issue cigarette licenses . Prior
to the issuance of any license, the County Treasurer will be
contacted to make sure taxes have been paid.
All applicants certified that they are in compliance with the
City Code when they completed the revised application for
issuance of a license for 1996 (copy attached for your
information) .
RECOMMENDED ACTION:
Authorize the City Clerk to issue cigarette licenses for 1996 .
(No need to list all licensees. )
CIGARETTE LICENSES
1996
Superamerica 1155 East 1st Avenue
Cleve ' s Super Valu 828 East 1st Avenue
Budget Liquor 6268 Hwy. 101
Hennen' s ICO 807 East 1st Avenue
Corp Tool dba Arnies 122 East 1st Avenue
Tom Thumb Store #250 590 S. Marschall Road
Holiday Station #83 444 East 1st Avenue
Riverside Liquors 507 East 1st Avenue
Berens Market 123 West 2nd Avenue
Cy' s Amoco 312 West 1st Avenue
Rock Spring 1561 East 1st Avenue
F.O.E. 4120 220 West 2nd Avenue
American Legion 1266 East 1st Avenue
Stonebrooke Golf Club 2693 County Road 79
Turtle ' s Bar & Grill 132 East 1st Avenue
Knights of Columbus 1760 East 4th Avenue
V.F.W. 1201 East 3rd Avenue
Total Mart Station 234 West 1st Ave.
Valley Liquor, Inc. 1102 Shakopee Town Square
K-Mart 1200 Shakopee Town Square
County Market 1100 Shakopee Town Square
MGM Liquor Warehouse 471 Marschall Road
The Main Event of Shakopee 911 - 1st Avenue E.
BretBecca, Inc. 124 West 1st Avenue
Robert ' s Drug 485 South Marschall Road
Babe ' s Place 124 S. Holmes St .
Valleyfair One Valleyfair Drive
Canterbury Inn 1244 Canterbury Road
Anchor Glass 4108 Valley Ind. Blvd. N.
Raceway Park Inc . One Checkered Flag Blvd.
Koehnen' s Standard 804 East 1st Avenue
Dangerfield' s Resturant 1583 East 1st Avenue
Brooks (#28) (Gateway) 615 Marschall Road
Brooks (#42) (Gateway) 1147 Canterbury Road
- r
la..M61:-A I
1l
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Massage Center License Renewal
DATE: December 14, 1995
INTRODUCTION& BACKGROUND:
The City has received applications for renewal of a massage center license and renewal of
a masseuse license.
Dawn Marie Krause has applied for renewal of her licenses. Her applications are in order.
I am unaware of any reason that her applications should be denied.
RECOMMENDATION:
Approve applications and grant license for 1996.
RECOMMENDED ACTION:
1. Approve the application and grant a massage center license to Dawn M.
Krause/Klip and Kurl, 238 South Lewis Street.
2. Approve the application and grant a masseuse license to Dawn M. Krause, 238
South Lewis Street.
JIMSENT
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Tattoo Licenses
DATE: December 12, 1995
INTRODUCTION:
Ms. Linda Kurian, Body Art, 205 South Lewis Street has applied for renewal of her
Tattoo License. It is appropriate that action be taken on her application at this time.
BACKGROUND:
Ms. Linda Kurian was issued a Tattoo License beginning in 1994 for her business known
as Body Art located at 205 South Lewis Street. This is a service that Ms. Kurian offers in
addition to her other services at First in Hair and Tanning. I have checked with the Chief
of Police and he has advised that he is unaware of any reason that the license should not
be renewed.
During this past year Ms. Kurian has hired two employees to also practice tattooing at her
establishment. Background investigations were conducted by the Police Department and
licenses were issued to both applicants, Treavor Robert Collis and Allen Joseph Lindback.
It is appropriate that their licenses also be renewed at this time.
Ms. Kurian is in the process of renewing the required insurance. The license will not be
delivered until the City receives a certificate of insurance evidencing the required
coverage.
Prior to the issuance of the initial license to Ms. Kurian, a sanitarian from the City of
Minneapolis conducted an inspection of the subject premises to determine that it met the
requirements of the City Code. It is appropriate that an inspection of the premises be
made each year, preferably at the time of license renewal. Mr. Moustapha Omar, a
Sanitarian from the City of Bloomington, conducted an inspection on December 12th.
Mr. Omar has advised me that the facility is well maintained and operated and is in
compliance with the requirements of the City Code of the City of Shakopee.
ALTERNATIVES:
1. Approve applications for renewal of licenses.
2. Deny applications for renewal of licenses.
3. Table applications for additional information.
RECOMMENDATION:
Staff recommends alternative#1, approve the renewal of licenses with conditions.
RECOMMENDED ACTION:
1. Approve the application and grant a Tattoo License to Linda Kurian, Body Art,
205 South Lewis St., conditioned upon proof of the required insurance.
2. Approve the issuance of a Tattoo License to Treavor Robert Collis and Allen
Joseph Lindback at Body Art, 205 South Lewis St., conditioned upon proof of the
required insurance.
''LLt) [
MEMO TO: Dennis R Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Pawnshop Licenses
DATE: December 14, 1995
INTRODUCTION& BACKGROUND:
On April 19, 1994,the City Council adopted an ordinance requiring the licensing of
pawnbrokers,previous metal deals, secondhand dealers,pawnshops, and their employees.
The City received applications from two pawnshops and their employees and licenses were
issued. It is appropriate at this time that the license be renewed for 1996.
Both American Pawnbrokers, Inc. And Shakopee Pawn&Cash Co. Have applied for
renewal of their licenses. I have checked with the Chief of Police and he has advised that
he is unaware of any reason that the licenses should be denied.
ALTERNATIVES:
1. Approve renewal of licenses.
2. Deny renewal of licenses.
3. Table applications for additional information.
RECOMMENDATION:
Staff recommends Alternative#1.
RECOMMENDED ACTION:
1. Approve the application and grant a Pawnshop License to American Pawnbrokers,
Inc., 450 West 1st Avenue.
2. Approve the application and grant a Pawnbroker,Precious Metal Dealer and
Secondhand Dealer's license to Johan W. Nelson,American Pawnbrokers, Inc. 450 West
1st Avenue.
3. Approve employee licenses for the following employees of American
Pawnbrokers, Inc.: Samuel David Roche,Dennis William Nelson, Patrick Tony Roche
and Tracy Allen Hirzel
4. Approve the application and grant a Pawnshop License to Shakopee Pawn and
Cash Co., 1147 Canterbury Road.
5. Approve the application and grant a Pawnbroker,Precious Metal Dealer and
Secondhand Dealer's license to Frank John Marzario, Shakopee Pawn and Cash Co., 1147
Canterbury Road.
6. Approve employee licenses for the following employees of Shakopee Pawn and
Cash Co.: John Richards, Sherri Marzario,Nick Falco, Jessica Dold,Mike Gould,David
Wagner, Charles Spencer, and Julian White.
rid I1
TO: Dennis Kraft, City Administrator �/
FROM: Mark Huge, Fire Chief 12,41Z
RE: Replacement of Training Department Television.
DATE: December 10, 1995
Introduction:
The 10 year old 19 inch portable television used for training is in need of replacement. The
television is used with a VCR to play training and informational tapes for firefighters.
Background:
The Television has been in use very heavily for approximately 10 years view training tapes on
every aspect of our job. We utilize subscription training tapes and trade with neighboring fire
departments and other agencies. While it was a great addition to our training system 10 years
ago, having 30-40 firefighter view a malfunctioning 19 inch screen is not the most positive
learning environment. The eye strain of this and the picture"radiating a rainbow" on the right
side of the screen has made the training television an object of comment ever time it is used.
Other items like knobs and the remote are also in need of repair.
Situation:
The Training Officer position has changed for the 1996 year from Dave Judd to Terry Stang.
Terry's review of the job requirements has brought to light several areas for improvement. The
most visible and highest impact area is the audio visual equipment used for training.
Request:
We have discussed and agreed that a 52 inch television would provide adequate viewing for the
amount of personnel and the size and shape of our facilities. We have obtained two prices for
such a television. These are $1999.00 from Mikes TV and Appliance and $1829.00 from Best
Buy Corporation. The television from Mikes is better model and has some additional options we
will use in tactics training. Same models could not be compared because Best Buy did not offer
the same model as Mike's TV and Appliance. We do have the money in the Training Budget for
1995.
Action Requested:
Approve the purchase of the Television from Mikes TV and Appliance in the amount of
$1999.00.
CONSENT
11
TO: Dennis Kraft, City Administrator
FROM: Mark Huge, Fire Chief
RE: Purchase of SCBA equipment
DATE: December 11,1995
Background:
As part of the 1995 Capital Equipment budget, $6,500 is designated for Water Rescue
Dive Equipment. The equipment to be purchased will provide safety backup personnel in
an emergency dive situation. It will also allow more personnel to train as a group making
the training more efficient and cost effective. Two local suppliers finally responded with
quotations for gear that is compatible with or the same as our current equipment. The
two vendors are Fantasea SCBA& Travel for $5247.11, and Northland Divers Inc. for
$5204.60.
Action Requested:
Request approval to purchase the listed equipment from Northland Divers Inc. for the
amount of $5204.60. The money is in the Capital Equipment budget.
-i) UN I T
ll �v
SEN
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Janitorial Services Contract
DATE: 12 08 95
INTRODUCTION:
The man who cleans our building, George M. Ficzeri of George's
Cleaning Service has asked for a raise.
BACKGROUND:
In December, 1994, The City reviewed bids from three cleaning
companies and awarded George"s Cleaning Service a contract to clean
police headquarters for $594. 00 a month.
Our experience with Mr. Ficzeri has been very good. Over the past
year, he been reliable and has done an excellent job cleaning our
building.
Some time ago, I visited with you and the City Attorney about this
issue and it was your collective opinion that Mr. Ficzeri could be
given a small raise without rebidding his contract.
Increasing Mr. Ficzeri's contract by $25 a month from $594 to $629
would fair.
ACTION REQUESTED:
Amend contract entered on 12 20 94 by and between the City of
Shakopee and George's Cleaning Service as necessary for submission
to Council for the purpose of increasing the monthly payment to Mr.
Ficzeri to $612.
AMENDMENT NO. 1 TO MAINTENANCE CONTRACT
This Amendment No. 1 to Maintenance Contract, entered into
this day of , 199 by and between the City of
Shakopee, a municipal corporation of the State of Minnesota,
hereinafter referred to as the "City" with offices at 129 S. Holmes
Street, Shakopee, Minnesota, and. George' s Cleaning Services of
Shakopee, MN, hereinafter referred to as the "Contractor" with
offices at 1224 E. Shakopee Ave. , # 221, Shakopee, MN 55379 .
WITNESSETH:
That Whereas, in December 20, 1994 the City and the Contractor
entered into a Maintenance Contract for Contractor to provide
janitorial services to the City; and
Whereas, the parties hereto now desire to amend the
Maintenance Contract.
Now, Therefore, for the considerations herein expressed, it is
agreed by and between the City and the Contractor as follows:
1. That paragraph 5, Pay, is hereby amended to deleting
"$594 . 00" and inserting "$619 . 00" .
2 . That the term of the contract shall be extended one year
from the original termination date specified in paragraph 4 .
3 . That all other provisions of the Maintenance Contract
shall remain in full force and effect.
Executed the day and year first above written.
GEORGE' S CLEANING SERVICES CITY OF SHAKOPEE, MINNESOTA
By By
George M. Ficzeri Mayor
By
City Administrator
By
Prepared By: City Clerk
Karen Marty
City Attorney
129 S. Holmes St .
Shakopee, MN 55379
[1MEMO2
CONSENT
i I /11.1)
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Interfund Transfers
DATE: December 4, 1995
Introduction
Council approval of various interfund transfers is requested
Background
Council is requested to approve of the following interfund transfers;
From TIF Trust to the Civic Center Capital Projects fund $1,000,000 for
the balance of funding the $5,500,000 budget.
From TIF Trust to Downtown Alleys capital projects program $500,000 to
fund the project in accordance with the TIF Plan and forcasts.
From TIF Trust to the Sewer Fund to fund the Rahr Force Main project
$304,765 in accordance with prior council action.
From CIF to Downtown Streetscape II capital projects fund to fund the
balance of the project and close the fund in an amount of approximately
$26,000.
From the MEBCO Capital Projects fund to Block 3&4 Capital Projects fund
$37,400 to move the 1995 TIF receipts to a current project.
From the FMG Capital Projects fund to Block 3&4 Capital Projects fund
$5,199 to move the interest posted to the fund over several years to a
current project.
From the 1987A TIF Debt Service Fund to Block 3&4 Capital Projects fund
$37,400 in cash and the remaining assets (special assessments) to the
CIF to close out the debt service fund.
From the TIF Trust Fund to Block 3&4 Capital Projects fund $350,000 in
accordance with the TIF plan and forcast.
From TIF Trust Fund to below listed debt service funds to provide for
1996 bond payments;
1988B TIF $120,000
1992 TIF 405,000
1993A TIF 339,000
1993C TIF 248,000
From 1988A Improvement Debt Service, transfer all remaining assets to
Capital Improvement Fund to close out the debt service fund.
From the 1992 Improvement Capital Projects fund to the 1992 Improvement
Debt Service fund, all remaining assets to close the capital projects
fund.
Action Requested
Move to approve of the following interfund transfers;
1. From TIF Trust to the Civic Center Capital Projects fund $1,000,000.
2. From TIF Trust to Downtown Alleys capital projects program $500,000.
3. From TIF Trust to the Sewer Fund to fund the Rahr Force Main project
in the amount of $304,765.
4. From CIF to Downtown Streetscape II capital projects fund in an
amount of approximately $26,000.
5. From the MEBCO Capital Projects fund to Block 3&4 Capital Projects
fund $37,400.
6. From the FMG Capital Projects fund to Block 3&4 Capital Projects fund
$5,199.
7. From the 1987A TIF Debt Service Fund to Block 3&4 Capital Projects
fund $37,400 in cash and the remaining assets (special assessments)
to the CIF.
8. From the TIF Trust Fund to Block 3&4 Capital Projects fund $350,000.
9. From 1988A Improvement Debt Service, transfer all remaining assets to
Capital Improvement Fund to close out the debt service fund.
10.From the 1992 Improvement Capital Projects fund to the 1992
Improvement Debt Service fund, all remaining assets to close the
capital projects fund.
11.From TIF Trust Fund to below listed debt service funds to provide for
1996 bond payments;
1988B TIF $120,000
1992 TIF 405,000
1993A TIF 339,000
1993C TIF 248,000
110
CUSET
Attached is a print out showing the division budget status for
1995 based on data entered as of 12/13/95 . Legal is running ahead
of budget due to the BIA issue. Budget amendment is on this
agenda.
Included in the bill list are payments for relocation in Blocks 3
& 4 to;
Amy Gregory $10, 377.36
Elizabeth Kuhlemeier 7, 518 . 00
Michael Meoli 4, 032 . 00
Steven Stranger 20, 000. 00
The Civic Center capital projects fund has recorded
expenditures of $4, 463, 718 . 05 to date including an amount in this
bill list of $683, 879 .44 .
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
12/13/95
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 69,450 71 60,247 87
12 CITY ADMINISTRRATOR 224,985 25,559 190,139 85
13 CITY CLERK 122,470 4,744 114,763 94
15 FINANCE 303,390 10,499 274,491 90
16 LEGAL COUNSEL 212,090 7,076 222,923 105
17 PLANNING 464,430 7,440 345,142 74
18 GENERAL GOVERNMENT BUILDINGS 148,120 4,778 122,611 83
31 POLICE 1,495,760 66,624 1,411,632 94
32 FIRE 410,240 6,547 309,645 75
33 INSPECTION-BLDG-PLMBG-HTG 197,780 6,503 174,752 88
41 ENGINEERING 357,100 12,137 310,815 87
42 STREET MAINTENANCE 784,180 30,809 564,020 72
44 SHOP 112,120 8,352 93,239: 83
46 PARK MAINTENANCE 292,420 5,379 270,551 93'
61 POOL 136,580 175 93,181 68'
64 RECREATION 239,580 5,025 216,910 91
91 UNALLOCATED 128,270 1,655 36,091 28
TOTAL GENERAL FUND 5,698,965 203,374 4,811,151 84
17 PLANNING 467,160 19,378 312,132 67
TOTAL TRANSIT 467,160 19,378 312,132 67
19 EDA 119,080 1,665 77,304 65
TOTAL EDA 119,080 1,665 77,304 65
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Former City Hall Office Lease-Krucial Data Supply
DATE: December 12, 1995
INTRODUCTION:
The City of Shakopee presently has a lease arrangement with Krucial Data Supply for the
office space in the upper level of the former city hall building. The lessee is requesting
that the terms of the lease arrangement be renegotiated at this time in light of a pending
business reorganization and the uncertainty regarding the status of Blocks 3 & 4.
BACKGROUND:
The lease arrangement with Krucial Data Supply Inc. currently provides for a rental
payment in the amount of$460.00 per month(all inclusive). The lease renews itself
automatically on a month to month basis. Either party may terminate the lease
arrangement with a 30 day advance notice.
Mr. Joe Kruger, Vice President Krucial Data Supply has provided staff with a
correspondence outlining their business concerns. Mr. Kruger is requesting that the
monthly lease payment be reduced to $125.00 per month. Krucial Data Supply Inc. is in
the process of down sizing their operation and reviewing alternative sites for relocation.
Staff has been pleased with the lease arrangement between the City of Shakopee and
Krucial Data Supply Inc. Mr. Kruger has been a responsible and reliable tenant.
Additionally, Mr. Kruger has in essence become a security landlord for the property. He
has on several occasions contacted staff when the building needed immediate maintenance
repairs.
Given the uncertainty regarding the future disposition of Blocks 3 &4 and the special
circumstances surrounding Mr. Kruger's business, I believe it would be appropriate to
honor Mr. Kruger's request for a reduction in the monthly rent payment. Additionally, I
do not envision the City actively marketing this property for rental purposes if Mr. Kruger
selects to vacate. Finally, I believe it is advantageous for the City to have Mr. Kruger in
the building from a security standpoint.
Staff is recommending that the appropriate City officials be authorized to amend the terms
of the lease agreement by and between the City of Shakopee and Krucial Data Supply Inc.
reducing the monthly rent to $125.00 per month(all inclusive) effective January 1, 1996.
Staff is not proposing any other changes to the lease agreement at this time. Either party
may terminate the lease at any time for any reason with a 30 day advance written notice.
ALTERNATIVES:
1. Authorize the appropriate City officials to amend the lease agreement by and
between the City of Shakopee and Krucial Data Supply Inc. for office space in the
former city hall facility with a monthly rent payment in the amount of$125.00 per
month all inclusive effective January 1, 1996.
2. Direct the appropriate City officials to take the appropriate steps to terminate the
lease agreement by and between the City of Shakopee and Krucial Data Supply
Inc. for the office space in the former city hall facility.
3. Direct the appropriate City officials to inform representatives of Krucial Data
Supply Inc. that the City is not in favor of reducing the monthly rent payment at
this time.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Authorize the appropriate City officials to amend the lease agreement by and between the
City of Shakopee and Krucial Data Supply Inc. for office space in the former city hall
facility with a monthly rent payment in the amount of$125.00 per month all inclusive
effective January 1, 1996.
III1\\"'-,,
i_ KRUCIAL DATA SUPPLY INC.
:`���..1., .:=`.W JJf W ;a 1291/2 E. FIRST AVENUE, SUITE #200, SHAKOPEE, MN 55379 USA • (612) 445-1991 • FAX (612) 445-7131
wt� nu ♦wmup `Weir
12. 12. 95
Mr. Barry Stock
Assistant City Administrator
City of Shakopee
RE: Office lease - Krucial Data Supply
- former City Hall building -
Dear Mr. Stock:
Further to our visit a few days aqgo at your office, I write to
clarify Krucial Data's current needs regarding office space.
Currently we are down-sizing our operation and staff levels in
the Shakopee office. In the, process, alternative sites are being
reviewed that will better suit our mid-term requirements.
During the interum, and further to our discussion, we would like
to explore a workable arrangement with our current lessor - the
City of Shakopee - whereby we would retain the use of space as
already assigned and occupied (via existing lease) during our
transition. For this to be a viable solution, we request monthly
rent not exceed $ 125. 00 { all inclusive } . Only with this
consideration would we be able to continue with the lease.
While not under any liability or legal obligation to do so
( implied or expressed) , we would continue to regularly check the
property from a security/problem standpoint and alert the city in
the .event of any out of the ordinary occurrance(s) where we were
aware of same.
In sm, Mr. Stock, we trust that an arrangement can be made which
will benefit both parties. I look forward to your favourable
rep .
inc - rely,
Jo.e •h Kruger
/V c, President
T
t
JJ�
MEMO TO: Dennis R. Kraft, City Administrator
J
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize Hiring of a Part time
Snow Plow Operator
DATE: December 18, 1995
MEETING DATE: December 19, 1995
INTRODUCTION:
The Public Works Department has one maintenance worker, Wally Lureen, who has
injured himself off the job and will be unable to work for a considerable amount of time.
In order to maintain the level of service in snow plowing of City streets, staff is
requesting authorization to hire a part time snow plow operator to replace Wally Laureen.
BACKGROUND:
During the winter season and when snow removal operations is required, all Public
Works employees are needed to clean the streets with an 8 hour work shift. Snow storms
greater than 8 inches will usually require overtime of Public Works employees to clean
the streets.
With Wally Lureen being unable to work for perhaps the rest of the snow removal season,
staff is proposing to hire a part time snow plow operator so the level of service is
maintained and overtime hours can be minimized.
Staff has contacted Gerald Dircks who recently retired in March, 1995 for possible
employment again with the City of Shakopee. Mr. Dircks has indicated a willingness to
work as a snow plow operator. The hourly wage for a snow plow operator has been
determined to be $11.09 per hour. Mr. Dircks would be an excellent candidate for the
position with his experience with Shakopee snow plowing operations and familiarity with
the equipment. Estimated cost of part time snow plow operator for 1995-1996 winter
season is to be $1,200.00 to $1,500.00.
ALTERNATIVES:
1. Authorize staff to hire Gerald Dircks as a part time snow plow operator at$11.09
per hour.
2. Do not authorize staff to hire a part time snow plow operator.
3. Table for more information.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to authorize staff to hire Gerald Dircks as a part time snow plow operator at $11.09
per hour for the 1995-1996 snow removal season.
BL/pmp
PARTTIME
1 W
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attornli
DATE: December 14, 1995
RE : Drug and Alcohol Testing Policy
Federal law requires the City to have a drug and alcohol
testing policy for commercial drivers in place on January 1, 1996 .
The purpose of the requirement is to provide for safer roads,
airways, and tracks by removing drivers who are impaired by alcohol
or drugs .
We currently have a drug and alcohol testing policy in place
for all City employees, in our Personnel Handbook. However, that
policy does not include all elements required under the new federal
regulations . Therefore, our current policy needs to be amended to
comply.
Staff is in the process of drafting the appropriate
amendments . Due to delays caused by the computer failure, the
amendments were not drafted in time to be included in the City
Council packet . They will be placed on the table Tuesday night .
[14 CCL2]
- U JO
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M.Nummer, Staff Engineer
SUBJECT: Reimbursement of Technical Certification Costs
DATE: December 14, 1995
MEETING DATE: December 19, 1995
INTRODUCTION:
Attached is Resolution No. 4346, a resolution approving an agreement with the
Minnesota Department of Transportation(Mn/DOT) for reimbursement of technical
certification costs.
BACKGROUND:
In November, 1992, (Mn/DOT)mandated that all municipal technicians who are
involved in State Aid projects would have to be trained and certified by the State. The
costs for this training are reimbursable, up to a maximum of$5,000.00. To date the City
has incurred$625.00 in tuition costs which qualify for reimbursement.
In order to be eligible for reimbursement,the City is required to enter into an agreement
with Mn/DOT which states the terms and conditions under which reimbursement will be
made. In addition, a resolution stating that the City will enter into this agreement is
needed by Mn/DOT.
The agreement with Mn/DOT has been reviewed by the City Attorney, who has approved
the agreement as to form, provided that minor changes to the signature blocks are made
by Mn/DOT.
ALTERNATIVES:
1. Adopt Resolution No.4346.
2. Deny Resolution No. 4346.
3. Table for additional information from staff
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 4346, A Resolution Approving an Agreement with the Minnesota
Department of Transportation for Reimbursement of Technical Certification Costs and
move its adoption.
RESOLUTION NO. 4346
A Resolution Approving An Agreement
With The Minnesota Department Of Transportation
For Reimbursement Of Technical
Certification Costs
WHEREAS,the Minnesota Department of Transportation has required all
Municipal Technicians who are involved with State Aid projects to be certified by the
State; and
WHEREAS,the Minnesota Department of Transportation has established a
program whereby the costs incurred by a municipality for technical certification can be
reimbursed, up to a maximum of$5,000.00; and
WHEREAS,an agreement which states the terms and conditions for
reimbursement of technical certification costs is required by the Minnesota Department of
Transportation in order for the municipality to participate in the program; and
WHEREAS,the City of Shakopee has incurred $625.00 in tuition costs for
technical certification, and wishes to have those costs reimbursed.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA: that the appropriate City Officials are
authorized to enter into an agreement with the Minnesota Department of Transportation
for the reimbursement of tuition for technical certification.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
TO: Dennis R. Kraft, City Administrator .2(,_
FROM: Vernice Takumi, Accountant
RE: 1995 Budget Amendment Resolution No. 4366
DATE: December 7, 1995
Introduction
There have been several changes since the adoption of the 1995
Budget that require budget amendments.
Background
Attached is a resolution that amends the 1995 budget to provide
appropriations for:
1. The new union contracts for the Police, and the Clerical,
Technical, and Maintenance Workers. Source of Funding -
Contingency and COPS FAST GRANT.
2. Upgrades to the telephone system to add direct lines for
various department heads etc. Source of Funding -_
Contingency.
3. Revenues/expenditures for outside police services provided
throughout the year, but not previously budgeted. Source of
Funding - Revenues offset expenditures.
4. Legal fees related to BIA. Source of Funding -
Contingency.
5. Transfers from the General Fund to debt service funds
provided by Resolution No. 4334. Source of Funding - General
Fund Balance.
6. Excess revenues/expenditures for Lodging taxes. Source of
Funding - Revenues offset expenditures.
7. Revenues related to the funds being received for the COPS
FAST GRANT. These revenues are used in #1 above.
Alternatives
1. Approve resolution as presented.
2. Amend resolution and approve.
3. Do not approve resolution.
Action
Offer Resolution No. 4366 A Resolution amending Resolution No.
4136 Adopting the 1995 Budget and move its adoption.
RESOLUTION 4366
A RESOLUTION AMENDING RESOLUTION 4136 ADOPTING THE 1995 BUDGET
WHEREAS, the City Council has adopted a budget for the fiscal year, and
WHEREAS, changing conditions and circumstances warrant amending the
budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that the accounts are increased as follows:
Fund Division Account Amount
Portion for 1995 Police Union Contract & COPS FAST GRANT:
General Police Personal Services 12,220
General Police (0311) Grant Revenue (3340) (12,820)
General Police Personal Services 2,750
General Unallocated Contingency (2,150)
Portion for upgrade to the Telephone system:
General Gov't Bldgs. Capital Equipment 5,030
General Unallocated Contingency (5,030)
Portion for Clerical, Technical, and Maintenance Workers Contract:
General City Clerk Personal Services 3,910
General Finance Personal Services 340
General Gov't Bldgs. Personal Services 500
General Police Personal Services 1,120
General Inspection Personal Services 1,360
General Unallocated Contingency (7,230)
Portion for Police Services during 1995:
General Police Personal Services 11,190
General Police (0317) Police Services (3420) (11,190)
Portion for BIA legal fees:
General Legal Professional Services 44,000
General Unallocated Contingency (44,000)
Portion for Lodging Taxes:
General Planning (0176) Professional Services (4310) 7,390
General Planning (0176) Lodging Taxes (3140) (7,390)
Portion for Debt Service Transfers:
General Unalloc. Transfers out 96,971
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form
City Attorney
/ ci
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: 1996 Pay Plan Amendment -Resolution No. 4368
DATE: December 12, 1995
INTRODUCTION:
In conjunction with processing the payroll authorization forms for the 1996 Pay Plan,
several minor errors and omissions were identified in the pay plan that was adopted by the
City Council on December 6th. Attached is Resolution No. 4368 amending the 1996 Pay
Plan which would correct the errors and omissions.
BACKGROUND:
The following is a summary of the items that were incorrectly or inadvertently left out of
the 1996 Pay Plan.
1. Planning Director-In 1995 a reorganization of the Planning Department occurred
in conjunction with the resignation of the former City Planner. The reorganization
of the department included a reclassification of the City Planner position to
Community Development Director. The 1996 Pay Plan did include the proper
position classification however it would be appropriate for City Council to
officially address this issue as a promotion. Resolution No. 4398 as attached
includes language to effectuate the proposed change. This is merely a title change
and does not increase the salary for the position as compared to the former
Planning Director title.
2. Recreation Supervisor Position- In 1995 a reorganization of the Recreation
Department was also put into motion as a result of the new civic center. The
reorganization plan was not fully implemented in 1995. When the 1996 Pay Plan
was prepared staff inadvertently left out the Recreation Supervisor position. Until
such time that City Council deals with the Assistant Facility Manager/Recreation
Programmer position and/or Recreation Supervisor position, it would be
appropriate to retain the Recreation Supervisor position classification in the 1996
Pay Plan. The resolution that has been attached restores the Recreation
Supervisory position to the 1996 Pay Plan. The rate of pay for this position
remains frozen at 1995 levels since the current wage exceeds the top step of the
pay plan. In 1995 the Recreation Supervisor position was also classified as non-
exempt, the position has therefore been moved to the appropriate pay grade.
3. Pay Grade Position Classification Changes-Prior to 1995 the City of Shakopee
had established in the pay plan three pay grades for exempt position classifications.
The pay grade provided exempt position classifications with either a four, six or
eight percent break in the line depending upon the amount of time worked outside
the normal work week. In 1995, the City's Personnel Policy ws amended to
reclassify various positions in terms of their exempt status. The Account Analyst,
Recreation Assistant and Recreation Supervisor positions were removed from
exempt status when the personnel policy was amended. These position
classifications then became entitled to receive over time pay or comp time for time
worked in excess of a 40 hour work week. Since these position classifications are
now eligible for over time, it would be appropriate that they no longer be placed at
a pay grade which grants them additional pay in lieu of over time pay or comp
time. Therefore, the attached resolution places these position classifications at the
proper pay grade. It was also discovered that the Accounty/Analyst did not
receive a step increase in 1994 that should have been applied. The resolution as
attached provides for this correction.
4. Seasonal Pay Plan- Two seasonal positions have been identified that were not
included in the 1996 Pay Plan. (Skating Instructor, Snow Plow Operator and
Office Worker.) The Resolution includes the appropriate rates of pay for these
positions.
It would be appropriate at this time to offer Resolution No. 4368 amending the 1996 Pay
Plan and move its adoption.
ALTERNATIVES:
1. Offer Resolution No. 4368, a resolution amending the 1996 Pay Plan and move its
adoption.
2. Do not approve Resolution No. 4368.
3. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Offer Resolution No. 4368, a resolution amending the 1996 Pay Plan and move its
adoption.
RESOLUTION NO.4368
A RESOLUTION AMENDING RESOLUTION NO. 4352
ADOPTING THE 1996 PAY SCHEDULE FOR THE
OFFICES AND NON-UNION EMPLOYEES OF THE
CITY OF SHAKOPEE
Whereas,on December 5, 1995,the Shakopee City Council adopted Resolution No.4352 approving
the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee;and
Whereas,certain conditions and circumstances have changed to make it desirous to amend the 1996
Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at this time.
NOW,THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE,MINNESOTA: that the attached corrected 1996 Pay schedule Exhibit A and Exhibit C as
attached are hereby adopted and effective January 1, 1996.
Adopted in Regular Session of the City of Shakopee,Minnesota,held this day of
, 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
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21INSENT
09. k)
MEMO TO: Dennis R. Kraft, City Administrator I
FROM: Barry A. Stock, Assistant City Administrator
RE: Amending City Code Chapter 4 - Construction Licensing, Permits and Regulations
- Ordinance No. 437
DATE: December 15, 1995
INTRODUCTION AND BACKGROUND:
Several changes have been made to the State Building Code which directly reference the
Shakopee City Ordinance as it relates to construction licensing, permits and regulations. It would
be appropriate at this time to amend the City Code reflecting these changes so that consistency
exists between the State Building Code and our City Ordinance.
ALTERNATIVES:
1. Offer Ordinance No. 437, a ordinance of the City of Shakopee, Minnesota amending City
Code Chapter 4, Construction Licensing, Permits and Regulations, Section 4.01, Building
Code, by repealing Subdivision 1, Building Code, and adopting one new subdivision in lieu
thereof, relating to the same subject and move its adoption.
2. Do not adopt Ordinance No. 437.
3. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Offer Ordinance No. 437, a ordinance of the City of Shakopee, Minnesota amending City Code
Chapter 4, Construction Licensing, Permits and Regulations, Section 4.01, Building Code, by
repealing Subdivision 1, Building Code, and adopting one new subdivision in lieu thereof, relating
to the same subject and move its adoption.
ORDINANCE NO. 437 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
CITY CODE CHAPTER 4, CONSTRUCTION LICENSING, PERMITS AND
REGULATIONS, SEC. 4 . 01, BUILDING CODE, BY REPEALING SUBD. 1,
BUILDING CODE, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF,
RELATING TO THE SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section 1 - That City Code Chapter 4, Construction
Licensing, Permits and Regulations, Sec. 4 . 01, Building Code, is
hereby amended by repealing Subd. 1, Building Code, and adopting
one new subdivision in lieu thereof, which shall read as follows :
SEC. 4 . 01. BUILDING CODE.
Subd. 1. Building Code. The Minnesota State Building Code,
established pursuant to Minn. Stat . 16B. 59 to 16B. 75 16D. 73, one
copy of which is on file in the office of the City Clerk, is
hereby adopted as the building code for the City of Shakopee.
Such code is hereby incorporated in this ordinance as completely
as if set out in full . In particular, the City hereby adopts the
following chapters of the Code :
A. Chapter 1300 - Minnesota Building Code Adminiotration
B. Chapter 1301 - Building Official Certification and
Continuing Education of Building Officials
C. Chapter 1302 - State Building Construction Approvals
and Statc Agcncy Con3truction Rulc3
D. Chapter 1305 - Adoption of the Uniform Building Code by
Rcfcrcncc including Appendix Chapter 3 , Division I,
Detention and Correctional Facilities; Appendix Chapter
12, Division II, Sound Transmission Control; and
Appendix Chapter 29, Minimum Plumbing Fixtures
E.F. Chapter 1306 .1.44&7444-5 - Special Fire Protection
Cupprcee4en Systems, 8a Croup B 2, (Group MS or F
occupancies with 5000 or more gross square feeti e
arca
F.B. Chapter 1307 - Elevators and Related Devices 1305 . 0150
Cubpart 2 UBC Appcndix Chaptcr3 1 and 70
G. Chapter 1310 - Building Security
H. Chapter 1315 - Adoption of the National Electrical Code
I. Chapter 1325 - Solar Energy Systems
J. Chapter 1330 - Tcchnical Rcquircmcnt3 for Fallout
Shelters
K. Chapter 1335 - Floodproofing Regulations
L. Chapter 1340 - Facilities for the Handicapped
M. Chapter 1346 - Adoption of the Minnc3ota Uniform
Mechanical Code
N. Chapter 1350 - Manufactured Homes Rulc3
0. Chaptcr 13- S Plumbing Codc Adminiotrativc Rulc 4715
O.P– Chapter 1360 - Prefabricated Buildings Str cturc9
P.Q– Chapter 1365 - Variation of Snow Loads
Q3- Chapter 1370 - Storm Shelters Modcl Encrgy Codc
Adminiotrativc Rulc 7670
R. Chapter 4715 - Minnesota Plumbing Code
S. Chapter 7670 - Minnesota Energy Code
T. Appendix Chapter 1992 One and Two Family Dwelling Code
U. Appendix Chapter 15 - Reroofing
V. Appendix Chapter 19 - Exposed Residential Concrete
W. Appendix Chapter 31, Division II - Membrane Structures
X. Appendix Chapter 33 - Excavation and Grading
B. UBC Appendix Chaptcr 35 Sound Tran3mio3ion Control
Note: The 3trickcn language is deleted; the underlined language
is inserted.
Section 2 - General Provisions . City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 4 . 99, Violation
a Misdemeanor, are hereby adopted in their entirety by reference,
as though repeated verbatim herein.
-2-
Section 3 - Effective Date . This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1995 .
Mayor of the City of Shakopee
Attest : City Clerk
•
Approved as to form: City Attorney
Published in the Shakopee Valley News on the day of
, 1995 .
[2 7MEM02]
-3-
Ok'roizi\I I:
zMEMO121-
MEMORANDUM
RANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Accepting Plan "A" Public Improvements for
Minnesota Valley 8th Addition
DATE: December 15, 1995
INTRODUCTION:
Attached is Resolution No. 4369, accepting the public
improvements for Minnesota Valley 8th Addition.
BACKGROUND:
When a developer chooses to construct his own public
improvements, he selects Plan "A" in the developers agreement.
Under the Plan "A" the developer must provide some financial
guarantee to insure the completion of the improvements he has
agreed to make. One of the financial guarantees available to
developers is the "Escrow and Payment Agreement". This agreement
is signed by the developer, the City, and a financial institution.
The financial institution holds the money and is authorized from
time to time, by the City Engineer, to make payments to the
contractor thereby reducing the amount in the escrow.
Theoretically there should be at least 25% of the original amount
placed in escrow remaining when the work is complete. The
agreement requires acceptance of the work by the City Council by
resolution before the escrow can be reduced to zero.
The public improvements for Minnesota Valley 8th Addition have
been completed and have been accepted by the engineering
department. The one year maintenance bond has been delivered to
the City. It is appropriate for City Council to formally accept
the public improvements for this subdivision at this time.
ALTERNATIVES:
1] Accept the public improvements by resolution
2] Do not accept the public improvements
3] Table for additional information
RECOMMENDED ACTION:
Offer Resolution No. 4369, A Resolution Accepting the Public
Improvements for Minnesota Valley 8th Addition, and move its
adoption.
hjudy\P&EACCEP.MEM
RESOLUTION NO. 4369
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS, FOR
MINNESOTA VALLEY 8TH ADDITION
WHEREAS, on June 21, 1994, City Council adopted Resolution No.
4029, approving the final plat of Minnesota Valley 8th Addition;
and,
WHEREAS, on September 9, 1994, the Developer of Minnesota
Valley 8th Addition and the City of Shakopee entered into a
Developer' s Agreement insuring the developer' s construction of
required public improvements; and
WHEREAS, on September 9, 1994, the Developer of Minnesota
Valley 8th Addition, the City of Shakopee, and The Family Bank, fsb
entered into an Escrow and Payment Agreement which provided for the
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, that the public improvements for Minnesota
Valley 8th Addition are hereby accepted.
Adopted in adjourned regular session of the City Council of
the City of Shakopee, Minnesota, held this 19th day of December,
1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form , City Attorney
MEMORANDUM13 eV
TO: Judy Cox, City Clerk
FROM: Karen Marty, City Attorney
DATE: December 11, 1995
RE : Approval of Minutes
You asked how the December 19, 1995, City Council minutes
would be approved. There are two alternatives for their approval .
Under Robert' s Rules of Order, when there has been a change in
the membership of an organization, a committee should be appointed
and authorized to approve the minutes . In this case, the committee
could be a quorum of the present City Council .
Case law presents a different alternative, which is equally
valid. If a person is newly-appointed to a position, and has
attended meetings prior to appointment, that person may vote on
matters which arose in the prior meetings . In addition, a member
of a judicial or quasi-judicial body may vote on matters which
initially arose in a meeting where that member was absent, if that
member viewed the proceedings or listened to the audio tape, and
has reviewed the documents .
Based on Robert' s Rules and case law, City Council may choose
to (1) appoint a committee of its members to approve the minutes,
or (2) rely on in-coming Council members to approve the minutes, if
they attended the meeting.
If you have further questions regarding this, please let me
know.
Signed /� _ �"'�►eI ,e,
Karen Mar y, iy Attorney
KEM:bjm
[7MEMO2]
Shakopee Civic Center Construction Analysis
Construction Cost Comparisons
AKRW Estimate -$137.50
Lifetime Fitness Estimate -$ 81.25*
Chaska Actual -$85.14*
Maplewood Actual - $107.00*
* Not including Land
Shakopee $63.62 * $72.31 Including land
Costs Typically Not Included in Construction Budget That Appear In Our
Budget
1. Computer Systems $20,300
2. Copy Machine/FAX $6,750
3. Trunk Water Fee $21,000
$48,050
Budget Review:
Items presently in budget but not expended:
Ice Skate Sharpener $10,000
Front Lobby Furniture $15,000
Front Lobby Upgrade $12,000
Exercise Equipment $25,000,
$62,000
Design Committee Footnotes:
-Ice Skate Sharpener will generate$3000.00 per year in Revenue.
-Quality excercise equipment will encourage and support membership sales.
-Front Lobby will serve as major entry point,high traffic area and multi-functional.
-TIF Funds allocated to this project over past year have been invested and have generated interest
earnings in excess of$150,000.00.
Design Committee Recommendation: Move to allocate$48,050 from the TIF Trust Fund to offset the
costs associated with the following items: Computer System,
Copy/Fax Machine,Trunk Water Fee.
Greystone Construction Co. SHAKOPEE 12/19/95
CIVIC
CENTER
, B IDGET .� committed Estima • , s imated , y
B • `to dat ttt-nccmt ° Dei
'�7 Descnption 7 e � rip Nous
0 Building Permit $ 85,000 113,978 - 113,978 $ 28,978
0 Architect and CM Fee $ 419,500 428,633 - 428,633 $ 9,133 Note 1.
0 General Conditions $ 172,380 109,381 67,860 177,241 $ 4,861 Note 2.
1 Precast concrete $ 489,898 436,685 - 436,685 $ (53,213)
2&9 Structural&misc.steel $ 467,182 534,734 - 534,734 $ 67,552
3 Grading, utilities&paving $ 635,419 666,009 - 666,009 $ 30,590 Note 3.
4&5 Masonry&concrete $ 371,358 465,260 465,260 $ 93,902
6&18 Carpentry $ 210,540 354,217 12,000 366,217 $ 155,677 Note 4.
7&8 Roofing,single ply&standing seam $ 268,421 218,739 - 218,739 $ (49,682)
11 Plumbing, hvac&fire protection $ 608,102 762,401 - 762,401 $ 154,299 Note 5.
12 Electrical $ 383,927 360,542 - 360,542 $ (23,385)
13 Elevator $ 30,000 21,500 - 21,500 $ (8,500)
14-16 Carpet&track flooring $ 284,549 252,743 - 252,743 $ (31,806)
17 Painting $ 83,622 60,460 - 60,460 $ (23,162)
19&20 Windows,entrances&sealants $ 80,700 49,415 - 49,415 $ (31,285)
22 Basketball hoops,wall mats,etc $ 50,000 51,800 - 51,800 $ 1,800
RFP1 &2 Arena specialties $ 461,000 386,850 - 386,850 $ (74,150) Note 6.
RFP3 Landscaping&irrigation $ 45,000 45,000 - 45,000 $ -
- Furniture,fixtures&equip. (FF&E) $ 220,800 87,657 57,000 144,657 $ (76,143)
Soil correction, north parking lot $ - 35,000 - 35,000 $ 35,000 Note 7.
- Assessment to adjoining property $ - - (30,000) (30,000) $ (30,000)
- Revenues- $ - (29,180) - (29,180) $ (29,180)
- Waive City part of bldg.permit $ - - (48,000) (48,000) $ (48,000) *
- Trunk water fee-SPUC $ - 21,000 - 21,000 $ 21,000 *
- Computer system $ - 20,300 - 20,300 $ 20,300 *
- Copier&fax machines $ 7,000 6,750 - 6,750 $ (250) *
- Contingency, 2.4% $ 125,602 - - $(125,602),
$5,500,000 5,459,874 58,860 5,518,734 $ 18,734
Footnotes:
1.Additional services required due to site re-design issues(Fuller Street, Shakopee
Utilities and adjoining developments).
2. Includes temporary facilities.
3. Includes ballfield backstop fencing
4. Includes building specialties,drywall systems,synthetic plaster and overhead/coiling doors,
and acoustical ceilings; includes$12,000 for lobby upgrade.
5. Includes boiler&chiller systems(in lieu of roof top AHU's)which increases service life,
improves climate control and reduces maintenance costs
6. Includes refrigerated ice floor,dasher boards&protective netting
7. Required to install paving work in Fall of'95.
Page 1
13c
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M.Nummer, Staff Engineer PliN
SUBJECT: Valleyfair Agreement
DATE: December 18, 1995
MEETING DATE: December 19, 1995
INTRODUCTION:
Attached is an agreement between the City of Shakopee and Valleyfair regarding jurisdiction of a
levee maintenance and operation plan by a public entity.
BACKGROUND:
Cedar Fair Limited Partnership has applied to the Federal Emergency Management Agency
(FEMA) to have a portion of Valleyfair removed from the floodplain. In order to have the
floodplain designation removed, a levee must be constructed which will protect the park from
flooding, and a maintenance and operation plan for the levee must be prepared. In addition,
FEMA requires a public entity to assume jurisdiction of the levee to ensure it is properly
maintained and operated.
Valleyfair has constructed the levee system and has prepared the operation and maintenance plan
for final approval by FEMA. The next step in the process is to have the City assume jurisdiction
of the system. Valleyfair, at the direction of City Staff, has contacted all applicable Federal,
State, County and regional agencies and has requested that they assume jurisdiction of the levee.
All of these agencies have indicated that they felt the City of Shakopee should assume
jurisdiction since the City has control of the floodplain through the floodplain ordinance.
The attached agreement was prepared by the City Attorney and is designed to allow the City to
accept jurisdiction of the levee system. In return, Valleyfair will agree to maintain and operate
the system in accordance with the plan which was approved by FEMA. In addition, Valleyfair
has agreed to hold the City harmless and reimburse any City expenses associated with assuming
jurisdiction. Representatives for Valleyfair have reviewed the agreement and have indicated
preliminary approval.
ALTERNATIVES:
1. Authorize the appropriate City Officials to execute the agreement with Cedar Fair Limited
Partnership which states the conditions under which the City will accept jurisdiction of the
levee system.
h:\council\fema.mo
2. Do not execute the agreement
3. Table for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to authorize the appropriate City Officials to execute the agreement with Cedar Fair
Limited Partnership accepting jurisdiction of the levee system under certain conditions.
h:\council\fema.mo
AGREEMENT
This agreement, made and entered into this day of
December, 1995, by and between the City of Shakopee, a municipal
corporation of the State of Minnesota, with offices at 129 S.
Holmes Street, Shakopee, MN 55379, hereinafter called "the City" ,
and Cedar Fair Limited Partnership, d/b/a Valleyfair, a limited
partnership under the laws of Delaware, with offices at One
Valleyfair Drive, Shakopee, MN 55379, hereinafter called
"Valleyfair" .
Whereas, Valleyfair has installed a levee around much of its
property, in order to remove that property from the floodway; and
Whereas, in order to receive final approval from the Federal
Emergency Management Agency (FEMA) , Valleyfair must establish a
maintenance and operation plan and have that plan under the
jurisdiction of a public entity; and
Whereas, the City has agreed to be that public entity,
subject to certain conditions .
Now, therefore, it is agreed by and between the parties
hereto as follows :
1 . Valleyfair shall prepare an operation and maintenance
plan and procedures satisfactory to FEMA.
2 . Valleyfair shall revise the plan and procedures as
required by FEMA at any time to assure that the levee system
meets, and continues to meet, minimum design/operation, and
maintenance standards that are consistent with the level of
protection sought through the comprehensive flood plain
management criteria established in the regulations relating to
FEMA.
3 . Valleyfair shall provide appropriate information, at no
cost, to the City and to FEMA upon request by either the City or
FEMA for review of the levee or levee system, in order for FEMA
to establish appropriate risk zone determinations for the
National Flood Insurance Program (NFIP) maps and to meet
certification requirements .
4 . Valleyfair acknowledges that the City' s review of its
information, plans, or procedures does not constitute a
determination by the City as to how a structure or system will
perform in a flood.
5 . The City accepts jurisdiction over the maintenance
activities under the plan and procedures as required by FEMA;
however, Valleyfair agrees to perform all such maintenance
activities .
6 . This agreement shall begin on the date set forth above,
and shall continue for one year. This agreement shall be
extended automatically for one-year terms unless either party
terminates this agreement as provided for below.
7 . Either party may, with or without cause, terminate this
contract upon ninety (90) days prior written notice. Such notice
shall be given by first class mail addressed to the City and to
Valleyfair at the address shown above. The date of delivery of
any notice shall be the date falling on the second full day after
the day of its mailing.
8 . Valleyfair will defend, indemnify, and hold the City,
its agents and employees, harmless from any and all losses,
claims, damages, expenses, or liability which may arise due to
the City' s acceptance of jurisdiction over the maintenance
activities as described in paragraph 5 above, or any other
activity or services under this agreement .
9 . This agreement and every question arising hereunder
shall be construed or determined according to the laws of the
State of Minnesota.
Executed the day and year first above written.
CEDAR FAIR LIMITED PARTNERSHIP CITY OF SHAKOPEE, MINNESOTA
By Cedar Fair Management Company By
General Partner Mayor
By By
Vice President City Administrator
By
City Clerk
Prepared By:
Karen Marty
City Attorney
129 S . Holmes St .
Shakopee, MN 55379
2
13 d
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: 1996 Workers Compensation Insurance
DATE: December 19, 1995
Introduction
The current workers compensation insurance coverage for the City of Shakopee
expires December 31, 1995.
Background
The current workers compensation insurance coverage for the City of Shakopee
expires December 31, 1995. Coverage is provided by the League of Minnesota
Cities Insurance Trust (LMCIT) which is a self insurance pool comprised of the
majority of the cities in the state. A renewal quotation from LMCIT for 1996
shows a deposit premium in the amount of $84,730. The deposit premium for 1995
was $98,681.
LMCIT is offering a deductible on medical costs for next year in exchange for
premium savings. Options range from $250 to $10,000 deductible. The city
currently has the $500 deductible which would be a deposit premium reduction of
$3,724.
Alternatives
1. Accept quotation from LMCIT with net deposit premium of $84,730.
A. With $250 deductible with premium of $82,868
B. With $500 deductible with premium of $81,006
C. With $1,000 deductible with premium of $80,075
D. With $10,000 deductible with premium of $68,903
Recommendation
Alternative number 1.B.
Action
Move to accept the quotation from the League of Minnesota Cities Insurance
Trust for workers compensation coverage for 1996 with a deposit premium of
$81,006 and medical cost deductible of $500.
1
A
13.
Memo To: Dennis Kraft, City Administrator
From: Nicole Bennett,Planner I
Date: December 19, 1995
Re: St.Francis Medical Campus Minor Subdivision and Deed Work
Background and Discussion
St.Francis Regional Medical Center(SFRMC), Shakopee Public Utilities Commission(SPUC)and the
City of Shakopee entered into an Easement and Agreement dated February 14, 1995, regarding an
easement located in the St. Francis Medical Campus. This easement for watenmain purposes is located
between two parcels of land owned by the City and applies to land owned by SFRMC. To
accommodate building and zoning requirements for one of the parcels owned by the City, SFRMC and
the City are in the process of conveying to each other portions of their respective parcels through the
minor subdivision process and a deed exchange. Exhibit A illustrates the portions of the parcels to be
conveyed.
Staff is currently reviewing the application for the minor subdivision. Carl Jensen, legal counsel for
SFRMC, has recently requested that a deed exchange for these parcel fragments be completed.
Therefore, upon approval of the minor subdivision, a deed exchange will need to be executed to
complete the conveyance of this property.
Alternatives
1. Authorize the appropriate City officials to execute the necessary documents to complete the
exchange of property located in the St. Francis Medical Campus between St. Francis
Regional Medical Center, Shakopee Public Utilities Commission and the City of Shakopee.
2. Do not authorize the appropriate City officials to execute the necessary documents to
complete the exchange of property located in the St. Francis Medical Campus between St.
Francis Regional Medical Center, Shakopee Public Utilities Commission and the City of
Shakopee.
3. Table the item and request additional information of staff and/or the applicant.
Staff Recommendation
Staff recommends Alternative No. 1.
Action Requested
Authorize the appropriate City officials to execute the necessary documents to complete the
exchange of property located in the St. Francis Medical Campus between St. Francis Regional
Medical Center, Shakopee Public Utilities Commission and the City of Shakopee.
EXHIBIT A
Those portions of Lot 1,Block 1, and Lot 5, Block 1, to be
-' •?;_ conveyed from St. Francis Regional Medical Center to the
City of Shakopee. .
That portion of Lot 6, Block 1, to be conveyed from the City
__ - .... of Shakopee to St.Francis Regional Medical Center.
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