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HomeMy WebLinkAbout04/16/1996 MEMO TO: Honorable Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Non Agenda Informational Items DATE: April 12, 1996 1. Attached is a memorandum from the City Attorney regarding Ryan Contracting v. City and OSM. 2. Attached is another memorandum from the City Attorney regarding Trout Unlimited v. City of Shakopee. 3. Attached is a Thank You from the Shakopee Senior All Night Party Committee for the use of the old city hall for the decorating committee. 4. Attached is the Building Activity Report for March, 1996. 5. Attached are the April 2, 1996 minutes of the Shakopee Coalition Meeting. 6. Attached is a memorandum from Mark McQuillan regarding 1996 Goals of the Parks and Recreation Advisory Board. 7. Attached are the April 4, 1996 minutes of the Planning Commission and Board of Adjustment and Appeals meetings. 8. Attached is a memorandum from the City Attorney regarding Adult Entertainment. 9. Attached is the Monthly Progress Report from the Engineering Department for March. 10. Attached is a memorandum from the City Attorney regarding litigation update on the Shakopee Police Department v. Varuska. 11. Attached is correspondence from Fischer Aggregates, Inc. re: their start-up notice. 12. Attached is correspondence from Attractra Sign re: a sign permit fee refund. 13. Attached is a memorandum from the City Attorney re: Prosecution Services. 14. Attached are the Revenue and Expenditure Reports as of March 31, 1996. 15. Attached is a memorandum from the Parks and Recreation Director re: Parks and Recreation Review of Monthly Activities. 16. Attached is the Planning Commission agenda for April 18, 1996. 17. Attached is the Police Newsletter for Council review. / MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne 1 DATE: April 10, 1996 RE : Litigation Update re Ryan Contracting v. City & OSM On April 3 , 1996, Ryan Contracting filed a lawsuit against the City for additional money. Ryan Contracting had done the work for the Sarazin Street, Roundhouse Street, and Fourth Avenue street project . Our insurer now has accepted the case, and has assigned attorney George Hoff to handle it . Mr. Hoff has represented the City previously, most notably in the Doug Bell pawnshop license appeals . He does an excellent job. This is for your information. [10MEMO] MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attornef DATE: April 8, 1996 RE: Trout Unlimited v. City of Shakopee BACKGROUND: A year ago Trout Unlimited filed a claim against the City, because the City had approved a wetland replacement plan application for Thomas J. and Debra A. Ryan, d/b/a Ryan Contracting, Inc . The City had no money at stake in this claim, but there was a possibility that the City would have to redo various procedures undertaken to approve the wetland replacement plan. (This replacement was the first done by staff and staff has learned of a number of ways to improve the process since then. ) At issue is a very small wetland. The City believes that the wetland does not drain anywhere, but rather simply sits with stagnant water until the water either filters into the ground or evaporates . Trout Unlimited claimed that the wetland drained into Eagle Creek (which is quite some distance away) . Trout Unlimited is very protective of Eagle Creek, because it has trout in it . LEGAL PROCEEDINGS: After some preliminary discussions, the City and Trout Unlimited met with staff and legal counsel for the Board of Water and Soil Resources . This is the Board that governs wetland replacement plans, and this is the agency to which Trout Unlimited had appealed. We were unable to resolve the issues at that meeting last autumn, but Trout Unlimited and the Ryans agreed to discuss the matter between themselves and see if they could come to some sort of agreement . This spring the Ryans finally resolved their differences with Trout Unlimited. As a result, Trout Unlimited has dismissed their claim against the City. Today I received notice from the Board of Water and Soil Resources that they, too, are officially dismissing the appeal . The matter now is closed. CONCLUSION: This is for your information, only, in order to keep you informed as to matters filed and pending against the City. [BMEMO] -# 3 T .Ilead/6a „r/4/0f ///e/ , g wyfrealeeHit / /€11 fAr 47 4r 14 /2/4 / /4" Shakopee Senior All Night Party d'ANCIA`il 4t461-__Iy #9 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MARCH 1996 March 1996 March 1995 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 13 34 3,221,443 8 13 1,210,469 Single Family-Septic - 4 688,724 1 2 471,432 Multiple Dwellings 2 7 1,483,791 1 2 1,050,209 (# Units) (YTD Units) (13) (23) - (8) (16) - Dwelling Additions 2 3 5,466 9 9 37,168 Other 2 2 434,000 - - - New Comm. Bldgs - 1 _ 1,135,414 - 1 90,000 Comm. Bldg. Addns. - - - - 1 35,000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Garages/Accessory Bldgs. 2 5 93,444 2 2 25,600 Fences - - - 6 10 24,480 Fireplaces/Wood Stoves 1 3 3,900 2 3 4,200 Grading/Foundation 3 4 125,000 2 2 348,000 Moving - - - - 1 - Razing 2 2 700 8 9 25,035 Remodeling (Res. ) 5 14 141,660 11 19 124,735 Remodeling (Comm/Ind. ) 1 7 186,710 4 10 444,068 TOTAL 33 86 7,520,252 54 84 3,890,396 No. YTD. No. YTD. Electrical 42 133 52 110 Plumbing & Heating 65 180 32 78 Total dwelling units in City after completion of all construction permitted to date 5,517 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MARCH, 1996 11663 Klingelhutz Const. 575-593 Roundhouse St. Condominiums 626,375 L 2 B 2, Prairie Bend 1st 11664 David Yarusso 810 E. 1st Avenue Wall 4,000 11665 Valleyfair One Valleyfair Drive Foundation 35,000 11666 Valleyfair One Valleyfair Drive Foundation 20,000 I 11667 Laurent Builders 1357 Applegate Lane House 114,921 L 4 B 2, Orchard Park 1st 11668 Laurent Builders 1347 Applegate Lane House 92,000 L 3 B 2, Orchard Park 1st 11669 Jeff Monnens 1260 Fuller Street Demo - Barn 200 11670 Render Development 1415 So. Marschall Road Demo - House 500 11671 Novak Fleck 355 Bluestem Avenue House 87,056 L 2 B 3, Meadows West 1st 11672 Novak Fleck 128 Bluestem Avenue House 85,942 L 2 B 3, Meadows West 2nd 11673 Novak Fleck 1357 Whitney Street House 88,035 L 2 B 1, Meadows West 2nd 11674 Novak Fleck 1348 Whitney Street House 86,642 L 2 B 2, Meadows West 2nd 11675 Deutsch Construction 1743 Parkway Avenue House 137,605 L 10 B 4, Prairie Bend 1st 11676 Rich Logeais 187 Bluestem Avenue West House 80,628 ,L..14. B-2.a,.Meadows. West 2nd 11677 Rich Logeais 127 Bluestem Avenue West House 80,628 L 17 B 2, Meadows West 2nd 11678 Bruce Reichstadt 977 Aster Lane Deck 1,456 11679 Patrick Hagstrom 1565 Monarch Street Remodel 6,151 11680 Midwest Fireplace 1275 Maxine Circle Fireplace 1,500 11681 Valleyfair One Valleyfair Drive Tunnel 266,000 11682 Shawn Drill 1028 Goldenrod Lane Remodel 7,500 11683 Bruce Reichstadt 977 Aster Lane Remodel 6,931 11684 Donald Tietjen 7480 E. Highway 101 Storage Bldg. 26,580 11685 Valleyfair One Valleyfair Drive Platform 168,000 11686 Novak Fleck 245 Bluestem Avenue House 95,692 L 2 B 2, Meadows West 1st 11687 Deutsch Const. 1537 Homestead Street House 97,581 L 13 B 1, Homestead Ridge 2nd 11688 Sunset Homes 1764 Greenway Avenue Deck 2,400 11689 Jeff Rodning 1374 Maxine Cir. E. Remodel/Porch/Deck 28,967 11690 LeRoy Menke 621-625 Milwaukee Road Remodel 15,378 11691 LeRoy Menke 574-584-594 .Dakota Street Townhomes 230,191 L 1-2-3 B 10, Milwaukee Manor 11692 Novak Fleck 167 Bluestem Avenue West House 83,271 L 15 B 2, Meadows West 2nd 11693 Novak Fleck 207 Bluestem Avenue West House 83,271 L 13 B 2, Meadows West 2nd 11694 Valleyfair One Valleyfair Drive Foundation 10,000 11695 Steven Garwood 225 East 5th Avenue Garage 14,293 TOTAL: $2,684,694 -s Shakopee Coalition Meeting- Tuesday,April 2, 1996 4:30 p.m. - Citizens State Bank Meeting Minutes Those in attendance: DeDee Ordemann, American Red Cross; Barb Hegfors, Scott County Library; Burl Zorn, Shakopee City Council; Bob Greeley, Shakopee Public Schools; Leah Gregoria, Shakopee Chamber of Commerce; Dick Roe, Citizens State Bank; and Claude Kolb, Knights of Columbus. Claude shared with us the on-going activities that the Knights of Columbus are doing. They include: Tootsie Roll Fundraiser($3300), with proceeds going to Delphi House, Shakopee Chargers/Special Olympics, and CAP Agency; and their Steak and Fish Frys. Barb discussed with us that Girl Scout Troop#308 continues to read on Saturday mornings at 10:30 a.m. thru May 25 at the Shakopee Public Library. Monday evening story times go through April 15. The Easter Bunny visited and read stories on March 25. Friday morning story times begin on Friday, April 12 at 10:30 a.m. National Library Week is April 14-20. Strange and dangerous creatures story time occurs on Sunday, April 14th at 1:30 p.m. A program on parrots with Katie Hallstein is scheduled for Thursday, April 18 at 6:30 p.m. The Friends of the Library Book Sale is on Friday/Saturday May 10 & 11. She recognized the Shakopee Lions Club for their annual $1000 donation,that g P goes toward the purchase of large print materials for the library. Dick is employed at Citizens State Bank as Vice President. He is new to the bank and looks forward to moving to Shakopee. Prior to coming to Shakopee,he lived & worked in Ashland,WI in the banking business. We welcome Dick to the Shakopee community. Bob handed out copies of the Inside Shakopee Schools publication and reviewed items of interest with the group. Some of those items included: A facilities committee is being organization and public participation is being encouraged; technology partnering program; Information on public information; career education for ninth graders; graduation standard tests; Principal Harms retiring &hiring process of new principal at Pearson Elementary; Senior High Band Trip to east coast during spring break; and that we expect to grow from 11 to 15 classes alone in Kindergarten next year. Burl reported that memberships are increasing at the new community recreation center, but that he would like to see more memberships coming in. He noted that Public Access (Offices at the community recreation center) is under-utilized and provides for a variety of use for individuals, groups,etc. to show items. He listed the uses of the community recreation center(gyms,meeting room, indoor ice, locker rooms, walking/running track, public access office,recreation offices,family net office,wrestling room, gymnastics/aerobics room, and exercise equipment). DeDee reported that Valleyfair has donated six seats on the first ride of the new roller coaster ride,Wild Thing. This event will take place on May 10 between 11:00 a.m. and 2:00 p.m. American Red Cross will be conducting a silent auction fundraiser, with the highest bidders being the lucky people to ride on Wild Thing. April 22-26 is Severe Weather Awareness Week. Each day is devoted to discussion of a different aspect of severe spring weather: April 22-Watches, warnings, and warning systems; April 23 - Thunderstorms; April 24-Lightening and hail; April 25-Tornado Drill Day, a community drill held at 1:45 p.m. and 6:55 p.m. Plan on drills at your workplace and home with your families; April 26-Flood,flash flood, and flood insurance. Brendan Holleman, a 16 year old sophomore at Prior Lake High School is being nominated for the Merit Award, signed by the President of the United States. Brendan trained in Community First Aid and Safety Training on March 7, 1996. On March 11, he utilized his training and helped sustain the victims of a six vehicle accident while on vacation in Arizona. His efforts made the local twin city media on that day. Leah did work at Valleyfair for three years before coming to work for the Shakopee Chamber of Commerce last year. She spoke to the on-going and upcoming promotions that are/will be occurring with Shakopee businesses. Derby Days schedule is: Taste of Shakopee is August 1, with Derby Days August 2 & 3. The Derby Days Parade is again planned for. April 25, 5:30 p.m., is the next planning meeting for Derby Days at the Chamber Office. May 15 is the next General Membership Meeting of the Shakopee Chamber of Commerce. We ad'ourned our meetin •I Memo to: Acting City Administrator, Barry Stock From: Mark McQuillan Re: 1996 Goals of the Parks and Recreation Advisory Board Date: March 26, 1996 INTRODUCTION/BACKGROUND At its March 25, 1996 meeting,the Shakopee Parks and Recreation Advisory Board discussed and prioritized its objectives for 1996. Advisory Board Work Items Priority#1 To review and consider the acquisition of parkland south of the By-Pass for a future athletic complex. Rationale: • To meet the future needs of youth and/or adult outdoor sports programs. • To buy now and develop later. • Value of land south of the By-Pass will increase dramatically as pressure to develop that area remains eminent. Priority#2 To develop a broad range of facility usage policies for the Community Center. Rationale: • Many different groups and organizations who use the Community Center do not pay additional fees under the current Facility Usage Policy. The current policy limits the Center's ability to recoup its direct and indirect costs. Priority#3 Initiate and expedite plans to install an off-road trail along County Road 79 from the northside of the By-Pass to 10th Avenue. Rationale: • Traffic and on County Road 79 has increased dramatically the past ten years. Housing is also quite apparent along both sides of the highway from 10th Ave. to the By-Pass. People are using the highway to bike, hike and jog. Safety is a major concern. • The construction of the Regional Trail (to be routed along C.R. 79) is many years off. Priority#4 Evaluate and develop a consistent Recreation Fee Schedule that can be easily administered. Rationale: • Current fee schedule lacks consistency and it's difficult to administer. • The non-resident rates for township residents are inconsistent and difficult to tract. Priority#5 Conduct a joint meeting with the Planning Commission to review long-range goals and issues related to parks, trails and open spaces. Rationale: • There has been a major turnover of members on both boards the past three years. Priority#6 Evaluate future facility and program needs for the Community Center. Rationale: • Many residents are concerned the Community Center serves a limited number of interest. We have received request for daycare facilities/programs, pool, 2nd sheet of ice, racquetball courts, senior facilities etc. OTHER PRIORITIES A. Senior programming. B. Park Tour for all Boards and Commissions. C. Review longe-range plans for Lions Park and Tahpah Park. D. Mission Statement for Parks and Recreation Department. F. 1996 Park Projects as identified in the CIP 1. Tahpah Park parking lot extension. 2. Installation of playground for either Timber Trails Park or Meadows Edition. 3. Remove the three meter diving board at the pool and replace it with something else. 4. Review the acquisition of land (west) adjacent to Tahpah park. 5. Install safety fencing in front of dugouts at various ballfields. # 7 OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMIVIISSION Regular Session Shakopee, Minnesota April 4, 1996 MEMBERS PRESENT: Joos, Mars, Madigan, Link, Meilleur, Romansky, Brekke MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta, Community Development Director Bruce Loney, Public Works Director Julie Baumann, Planner I Nicole Bennett, Planner I Clare Link, Recording Secretary 1. ROLL CALL Chairperson Madigan called to meeting to order at 8:02 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved with the addition of Item 12B: April 18 Meeting Agenda. 3. RECOGNITION OF INTERESTED CITIZENS Chairperson Madigan recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 4. APPROVAL OF CONSENT AGENDA Items on the Consent Agenda include: Item #5: Approval of the March 7, 1996, Meeting Minutes. Item #10: Final Plat: to consider the Final Plat of Westwind First Addition, located west of Fuller Street and across from the Shakopee Civic Center. Motion: Commissioners Mars/Brekke offered a motion to approve the Consent Agenda. Vote: Motion carried unanimously. *5. APPROVAL OF MARCH 7. 1996 MEETING MINUTES The minutes were approved as part of the Consent Agenda. 6. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF PINE WOODS ADDITION. LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 16. EAST OF ROUNDHOUSE CIRCLE. AND ACROSS FROM SHAKOPEE TOWING City of Shakopee Planning Commission Page 2 April 4, 1996 Ms. Baumann stated James and Mary Monnens have requested this item be continued to the May 9, 1996, meeting. Motion: Commissioners Joos/Romansky offered a motion to continue the public hearing to the May 9, 1996, meeting. Vote: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR PINEWOOD ESTATES. LOCATED ADJACENT AND SOUTH OF 4TH AVENUE AND ADJACENT AND WEST OF SHENANDOAH DRIVE Ms. Baumann stated Barrington Corporation has submitted a request for a preliminary plat approval of Pinewood Estates. This preliminary plat proposes single family residential lots, twin home lots, and townhome lots. The Planned Unit Development (PUD) Overlay Zone for this area was approved by the City Council on March 19, 1996. Commissioner Mars asked if the houses abutting the Shenandoah Ballroom have been set back away from the ballroom. Ms. Baumann stated the lots abutting the ballroom will be platted as two lots, and twinhomes are proposed. The design does not vary from that seen with the Planned Unit Development(PUD). Commissioner Brekke asked what the plans are for Eastway Avenue. Ms. Baumann stated Fastway Avenue will extend easterly from the Prairie Bend Development into Pinewood Estates. Mr. Bilotta stated that the area to the east of Pinewood Estates is used as a parking lot for Canterbury Park. Therefore, Fastway Avenue would not be constructed in this area. Commissioner Romansky asked how deep the ponding area would be and if it would be fenced. Ms. Baumann stated the area will remain open. Mr. Loney explained that the area is usually dry. He believed it could be as deep as four feet. He stated that fencing is not required, in fact studies indicate that fencing may act as more of a magnet than a deterrent for children or others trying to access the ponding area. Dale Dahlke. 606 Barrington Drive stated the ponding area includes an overflow on the east side. He did not expect the depth of the pond to be more than 3 to 4 feet. Commissioner Brekke questioned the street naming policy. Mr. Dahlke explained how the streets will be named. City of Shakopee Planning Commission April 4, 1996 Page 3 Commissioner Mars asked if the townhomes along the southerly border are the same format as the townhomes on Vierling Drive. Mr. Dahlke replied that they are the same. Motion: Commissioners Joos/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Joos/Link offered a motion to recommend to the City Council the approval of the Preliminary Plat for Pinewood Estates, subject to the following conditions: 1. The applicant shall submit the following information prior to approval by the City Council: a) The drainage report must show 100 year high water level elevations for ponds. b) The grading plan should be revised to show drainage patterns, 100 year high water level elevations on ponds, and to provide a better approach profile for Pinewood Drive by 4th Avenue. c) Easements per city ordinance for proposed improvements and 100 year flood elevations of ponds need to be shown. d) Soils map of soil borings need to be submitted. e) Grading and drainage plan needs to show drainage patterns especially in rear lot drainage. f) Shall comply with the Wetlands Regulation Act of 1991. 2. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. City of Shakopee Planning Commission April 4, 1996 Page 4 iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $260 per sign pole(9 x $260 = $2,340.00). vi) 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. vii) The developer agrees to waive the right to protest assessments for costs to construct streets, utilities, and drainage crossings to serve this development. c) A waiver of hearing for assessment appeal needs to be executed for Fastway Avenue prior to final plat approval. Commissioner Brekke expressed concerned regarding the numerous street names in such a small area and suggested that either some names be removed or renamed. Mr. Bilotta stated the City Council has a policy for street naming, and this development conforms to it. Commissioner Brekke asked how the developer felt about the numerous street names. Mr. Dahlke replied that the original application did have fewer street names, and he would prefer to see fewer street names used. Commissioner Link agreed with Commissioner Brekke. Amended Motion: Commissioners Brekke/Meilleur moved to add a condition to reduce the number of street names. Vote: Motion carried unanimously. Vote on Original Motion: Motion carried unanimously. City of Shakopee Planning Commission April 4, 1996 Page 5 8. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR PRAIRIE VILLAGE. LOCATED DIRECTLY EAST OF THE NEW ST. FRANCIS REGIONAL MEDICAL CENTER Ms. Baumann stated Orrin Thompson Homes has requested the public hearing be continued to the April 18 Planning Commission meeting. Motion: Commissioners Joos/Romansky offered a motion to continue the public hearing to the April 18, 1996, meeting. Vote: Motion carried unanimously. 9. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF MEADOWS WEST 3RD, LOCATED BETWEEN CSAH 79 AND CSAR 77. SOUTH OF THE UPPER VALLEY DRAINAGE DITCH This item was removed from the Consent Agenda by Commissioner Brekke. Ms. Baumann stated Gold Nugget Development has submitted an application for final plat approval of the Meadows West 3rd Addition. The preliminary plat was approved in October of 1994. This phase of the development is composed of 21.68 acres of land and proposes 54 single family residential lots. The final plat, as submitted, is in substantial conformance with the approved preliminary plat. Commissioner Mars asked if what appears to be empty lots backing up against Vierling Drive are outlots and if there will be access to Vierling Drive. Ms. Baumann stated the area is a drainage and utility easement backing up to Vierling Drive. Access is not allowed onto Vierling Drive. Commissioner Brekke stated he was concerned again about the street names used in this development. He was particularly concerned about "Yarrow Lane". He suggested the street name be changed. Commissioner Joos asked if the developer could be asked to change the name. Mr. Bilotta stated the developer can be asked to change the name. Motion: Commissioners Brekke/Joos offered a motion to recommend to the City Council approval of the Final Plat, subject to conditions and recommending the renaming of Yarrow Lane. City of Shakopee Planning Commission April 4, 1996 Page 6 Vote: Motion carried unanimously. 10. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF WESTWIND FIRST ADDITION. LOCATED WFST OF FULLER STREET ACROSS FROM SHAKOPEE CIVIC CENTER This item was approved as part of the Consent Agenda. 11. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF ORCHARD PARK SECOND ADDITION. LOCATED EAST OF CR 77 AND DIRECTLY NORTH OF THE BYPASS Ms. Baumann stated Laurent Builders, Inc. is requesting Final Plat approval of Orchard Park 2nd Addition. The preliminary plat was approved in October of 1994. There have been changes and revisions to the final plat. Staff is requesting direction from the Commission regarding substantial conformance with the preliminary plat. Commissioner Joos asked Ms. Baumann to discuss the easement problem. Ms. Baumann explained that at the time of Preliminary Plat approval, the developer was operating under the idea that the eastern portion of the plat was within a MnDOT easement. After Preliminary Plat approval, the developer learned that the property was actually acquired by MnDOT through fee title. Due to the ownership issue, the area east of Orchard Parkway has been reduced in size and is labeled as Outlot B. The Preliminary Plat proposed 3 lots for the area east of Orchard Parkway. Mr. Bilotta discussed the difficulties with roadway alignments in this area because of the number of easements. Commissioner Joos inquired about the amount of square footage in the outlot. Mr. Bilotta replied it is approximately 10,000 square feet. Motion: Commissioners Joos/Meilleur offered a motion to recommend to the City Council approval of the Final Plat of Orchard Park 2nd Addition, subject to conditions, and move its approval. Vote: Motion carried unanimously. 12. OTHER BUSINESS A. Sidewalk/Trail Plan City of Shakopee Planning Commission April 4, 1996 Page 7 Ms. Baumann stated that staff is in the process of revising the sidewalk/trail plan for the city. She reviewed existing and proposed sidewalk and trail locations. Locations that have a high potential of increased pedestrian traffic have been identified. Staff is requesting direction from the Planning Commission on potential opportunities and locations for sidewalks and trails. Mr. Bilotta stated that the City Council previously directed staff to plan for a sidewalk on one side of collector streets and a trail on the other side of collector streets. Commissioner Meilleur asked if there are any outlines for general locations of sidewalks and trails. Mr. Bilotta gave a background on sidewalk/trail planning. Policies and goal development will be part of the revision process. Commissioner Brekke explained why a sidewalk on one side and trail on the other side of collector streets would be more effective. Mr. Bilotta explained development of the sidewalk/trail plan has been on a subdivision by subdivision basis. Mr. Loney stated this is an appropriate time to be discussing how the plan will be developed in order to determine right-of-way widths and providing adequate space before it is constructed. Commissioner Joos discussed the importance of having a contiguous trail system. Commissioner Romansky asked if the City is responsible for maintaining sidewalks and trails. Mr. Loney discussed the maintenance policy currently in place for sidewalks and trails. Commissioner Brekke stated he would like to see focus on creating access to sidewalks/trails from the various neighborhoods. Commissioner Meilleur asked if the DNR has been contacted regarding other access points. Mr. Bilotta stated staff is working with the DNR on extending their trail to the east, but it is dependent on state funding. Commissioner Link stated bridges should be considered in the future going over drainage areas. Mr. Loney stated the issue has been discussed with the City Council. City of Shakopee Planning Commission April 4, 1996 Page 8 Commissioner Mars stated it is important to connect neighborhoods, have a continuous flow, and try to think of the trail system as a "looping" system. B. Miscellaneous Mr. Bilotta stated that the Planning Commission will be meeting on April 18, 1996. A topic that will be discussed at this meeting is the allocation of MUSA expansion. The Metropolitan Council has agreed to extend MUSA services to 192 acres in Shakopee. Mr. Bilotta also discussed the status of the approval of the Comprehensive Plan by the Metropolitan Council. Mr. Bilotta stated the City Council has authorized advertising for the addition of a Planner II and another Planner I. The Staff Engineer position will be replaced with an Assistant City Engineer. Mr. Bilotta stated that the street naming policy will be reviewed at the next meeting. 13. ADJOURN Commissioner Mars/Romansky moved to adjourn the meeting at 9:10 p.m. OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota April 4, 1996 MEMBERS PRESENT: Mars,Joos,Madigan,Link,Meilleur,Romansky and Brekke STAFF PRESENT: Paul Bilotta,Planning Director Julie Baumann, Planner I Nicole Bennett,Planner I Bruce Loney,Public Works Director Clare Link,Recording Secretary 1. ROLL CALL Chairperson Joos called the meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF MARCH 7, 1996,MEETING MINUTES The minutes were approved as submitted with Commissioner Brekke abstaining. 4. RECOGNITION OF INTERESTED CITIZENS Chairperson Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. TODD BLADOW'S RECOGNITION Chairperson Joos recognized Todd Bladow's years of service on the Board of Adjustment and Appeals and Planning Commission by presenting him with a letter of appreciation. Mr. Bladow thanked everyone for the wonderful learning experience. 6. PUBLIC HEARING: TO CONSIDER AN APPLICATION BY KEVIN HARMS FOR A VARIANCE TO THE CORNER LOT SETBACK REQUIREMENTS IN THE URBAN RESIDENTIAL(R-1B)ZONE. Ms. Bennett stated the applicant is requesting a variance to the front, side and rear yard setback requirements in the Urban Residential (R-1B) Zone in order to construct a single family residential home on a corner lot at 1791 Presidential Lane (Lot 4, Block 2, Minnesota Valley 8th Addition). The applicant is requesting that a variance be granted to allow for the setback requirements to be applied as if the front yard were on Presidential Lane rather than on Vierling Drive. Ms. Bennett noted that because of the definition of front lot line regarding corner lots, yard setbacks are applied from Vierling Drive as the front rather than Presidential Lane. She explained that this creates a problem because of the shape of the lot. She also explained that Vierling Drive is a collector street, and access is not permitted off of Vierling. She recommended approval of the request and reviewed the conditions for approval. Commissioner Mars asked if the footprint of the house is being rotated. Ms. Bennett replied the footprint would be rotated 900 if the variance to the required setbacks was granted. Commissioner Mars asked if driveway access would then be from Presidential Lane. Ms. Bennett replied that would be the case. Commissioner Mars asked if the layout would look unusual compared to other homes in the neighborhood. Ms. Bennett replied it would match the existing area as houses within that block face Presidential Lane. Commissioner Meilleur asked if the house plan is firm. Ms. Bennett replied staff does not see a need to change the standard setback requirements as if they were applied from Presidential Lane, thus the street side yard setback from Vierling Drive would be reduced to 20 feet only. Commissioner Brekke asked for clarification on the reason for the variance. Commissioner Joos noted staff is currently reviewing the setback requirements for corner lots, but a variance is the proper method prior to any text amendment in this case. MOTION: Commissioners Mars/Link offered a motion to close the public hearing. VOTE: Motion carried unanimously. Commissioner Joos noted that with variances,there are six criteria that must all be met in order for the variance to be approved. MOTION: Commissioners Link/Brekke made a motion to offer Variance Resolution No. PC-747, a Resolution Approving a 10 foot variance to the front yard setback and a 20 foot variance to the rear yard setback requirements within the Urban Residential(R-1B)zone subject to the following additional conditions: 1. The street side yard setback requirement shall be increased from 20 feet to 30 feet. 2. The side yard setback requirement shall be increased from 10 feet to 30 feet. and moved its adoption, based on the following findings: Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 3 Finding l.A. The Board finds the property cannot be put to a reasonable use if forced to comply with building setback requirements because the resulting buildable area would be irregular in shape and reduced to a minimal amount. 1.B. The plight of the landowner is due to circumstances unique to the property. Finding I.B. The Board finds the plight of the landowner is due to circumstances unique to this corner lot which include the irregular shape of the lot and the shortest side of frontage onto a collector street. 1.C. The circumstances were not created by the landowner. Finding 1.C. The Board finds the circumstances were not created by the applicant. The dimensions of the lot and the location of the lot ad.jacent to a collector street have created the need for this request. 1.D. The variance, if granted, will not alter the essential charter of the locality. Finding I.D. The Board finds the variance would not alter the essential character of the locality and would, in fact, maintain the character of the area by treating this single family structure similar to others on the same block in terms of orientation and buildable area. Failure to grant the variance would result in construction that would definitely not be in character with other development in the area. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The Board finds the problem extends beyond economic considerations due to the irregular lot dimensions and location of the lot with frontage on a collector street. City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 4 Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this chapter. Finding 2: The Board finds that this variance request is in keeping with the spirit and intent of the Zoning Chapter, and would serve to further advance the Zoning Chapter's stated purposes of the encouraging the planned and orderly development of residential land; providing adequate light, air, and convenience of access to property; limiting congestion in the public right-of- way; and facilitating the provision of water, utilities and sewage disposal to property as appropriate. Criterion 3: The request is not for a use variance. Finding 3: The Board finds a variance to the corner lot setbacks is not a use variance. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4: The Board finds the conditions to be imposed by the granting of this variance request will insure compliance to protect the adjacent properties by allowing the proposed residential structure to be oriented the same direction and treated similarly to the adjacent residential properties. VOTE: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN EXISTING MINI STORAGE IN THE LIGHT INDUSTRY(I- 1)ZONE,LOCATED AT LOT 1,BLOCK 1,CLAY'S FIRST ADDITION. Ms. Bennett stated that the applicant, Cecil Clay, has submitted a conditional use permit application for P & R Mini-Storage, Inc. to bring the existing self-storage facility into compliance with the updated Zoning Ordinance requirements so he may expand an existing building and possibly add one or two additional storage buildings in the future. She stated that a self-storage facility must meet the following conditional use permit requirements per City Code Section 11.88, Subd. 2. Self-storage facilities: 1) shall not allow maintenance of any vehicles on site, except within a building; 2) shall have a security system adequate to limit access to persons renting a storage site; and 3) shall screen all storage. Ms. Bennett noted that City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 5 there is not an existing fence on the site as indicated in the memo, but that security is provided through another system. She stated that the site will also need to be brought into conformance with parking requirements. A total of 11 off-street parking spaces is required per the City Code. She noted that landscaping requirements that apply within industrial zones would be in effect at the time of any new building permits, and she stated that staff did receive comments from neighboring residential property owners that additional landscaping would be appreciated. Ms. Bennett stated that staff is recommending approval of the request, subject to conditions. Commissioner Mars asked if this property is no longer within the Mandatory PUD Area, and if that is the cause of this request. Comm. Joos replied that this area is no longer covered by the Mandatory PUD, and thus a Conditional Use Permit must be obtained. Commissioner Mars asked if there are too many buildings on one lot. Ms. Bennett replied the conditional use permit is for the existing self storage facility and multiple buildings on a lot are covered by the CUP. Commissioner Joos asked why the lack of fencing was not discovered earlier. Ms. Bennett replied she was unable to conduct a site visit until today, and mistakenly thought the existence of a security system implied a fence. Commissioner Mars asked if impervious surface calculations have been provided to see if additional buildings could be added to the site. Ms. Bennett replied calculations will need to be provided at the building permit stage. Cecil Clay, 1895 Eagle Creek Blvd., stated that he will not exceed the impervious surface percentage for buildings on the site. He indicated that the current impervious surface percentage is currently about 24% and would only go up to about 30% with the proposed building expansion. He stated that they have never needed a fence before because of a current alarm system wired to the individual storage unit doors. Ms. Bennett explained that all storage will need to be screened by fencing, berming, landscaping or other options as specified in the ordinance, and staff can work with Mr. Clay on meeting screening requirements. MOTION: Commissioners Mars/Romansky offered a motion to close the public hearing. VOTE: Motion carried unanimously. City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 6 MOTION: Commissioners Brekke/Madigan made a motion to offer Resolution No. PC- 748, a Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for an Existing Self-Storage Facility in the Light Industry (I-1) Zone, subject to the following conditions: 1. The maintenance of any vehicles shall not be allowed on site, except within a building. 2. A security system adequate to limit access to persons renting a storage site shall be maintained. 3. All storage shall be screened;and 4. Adequate off-street parking spaces must be provided per the requirements in Section 11.61, Subd. 4, of the City Code. and moved its approval, subject to the following Findings: Criterion 1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding 1: The Board finds that no evidence has been received that the self- storage facility is injurious to the uses and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criterion 2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding 2: The Board finds the area surrounding the site is either within the Urban Residential (R-1B) Zone or Light Industry (I-1) Zone. Adjacent residential areas have been almost fully developed and the adjacent land to the conditional use is zoned for similar light industrial uses; thus, the conditional use will not impede the normal and orderly development and improvement of property in the area. Criterion 3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 7 Finding 3: The Board finds that adequate utilities, access and drainage have been provided to the site. Adequate parking facilities will need to be provided per condition#4 of the Conditional Use Permit. Criterion 4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding 4: The Board finds the use is consistent with the purposes of the Light Industry (I-1) zone, "...to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses" Criterion 5: The use is not in conflict with the Comprehensive Plan. Finding 5: The Board finds the use is consistent with the Comprehensive Plan. The area is designed for light industrial use in the adopted 1980 and draft 1995 Comprehensive Plans. Commissioner Mars asked what kind of landscaping or screening will be required. Ms. Bennett replied that acceptable forms of screening are specified in the City Code; and that the landscaping requirements would apply to the new construction of the proposed building expansion. Commissioner Brekke stated that additional landscaping requirements are not listed in the conditions for approval. Ms. Bennett noted that ten new landscaping units per the landscaping section of the City Code will be required as part of the building expansion, and would be reviewed at the building permit stage. She noted that the placement of the required landscaping units could be arranged to serve as additional screening. Commissioner Mars stated that staff should make sure the ten additional units of landscaping are placed in areas that will serve as screening, and spaced out to screen existing buildings. VOTE: Motion carried unanimously. City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 8 8. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW THE FACILITY LOCATED AT 536 FIRST AVENUE EAST TO BE USED AS A LIMITED SERVICE VETERINARY CLINIC. Ms. Bennett stated that the applicant, Ronald Gaskin, has submitted a conditional use permit application to use approximately 365 square feet of the existing property at 536 East First Avenue as a limited service veterinary clinic. The remainder of the property would continue to be used as a residence by the applicant. She noted that there is a condition in the City Code that animal hospitals and veterinary clinics should not be located within residential areas. She stated that the City Code requires one off-street parking space for veterinary clinics, and two spaces for residential structures. Ms. Bennett stated that staff is recommending an additional parking space be provided as the applicant's cover letter indicated a part-time employee would be hired for the business. Ms. Bennett explained that she was contacted by the applicant that the part time employee may be his spouse, thus the additional parking space may not be necessary. She noted that a condition has also been added to address the need for a Change of Occupancy permit that must be secured from the Building Department prior to approval of the conditional use permit. Commissioner Mars asked what guidelines are in place for the disposal of waste by a vet clinic. Ms. Bennett stated that the Scott County Environmental Health Department has recommended approval of this request, and this concern would be within their review. Commissioner Meilleur asked if this is the applicant's primary source of business. Ronald Gaskin, 536 East First Avenue, stated that his wife currently works fill-time and this business would be his primary source of revenue. He noted that either his wife will be gone at work all day or she would be his part time employee, thus he asked the Board to consider that no additional parking space for a part time employee would be necessary. Mr. Gaskin stated that if he needed additional help as the business grew, he would look for a larger facility. Commissioner Madigan asked if animals would be boarded on the site. Mr. Gaskin replied that boarding and grooming would not be options at this time due to the limited space, and that is why he specified this as a"limited service"vet clinic. Commissioner Madigan asked what the hours of operation would be. Mr. Gaskin replied that the hours would be 9:00 a.m. to 6:00 p.m. Mr. Gaskin addressed Commissioner Mars' question regarding the disposal of waste by noting that there will be continued dialogue with the County relating to the handling of waste. City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 9 MOTION: Commissioners Mars/Link offered a motion to close the public hearing. VOTE: Motion carried unanimously. MOTION: Commissioners Meilleur/Romansky made a motion to offer Resolution No. PC-749, a Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for a Veterinary Clinic in the Highway Business (B-1) Zone, subject to the following conditions as amended (Motion by Brekke, seconded by Mars to change"four" to "three" in condition one): 1. A minimum of three off-street parking spaces must be provided. 2. The applicant shall obtain a Change of Occupancy Permit from the Building Department for the change in use of the building prior to recording of the CUP Resolution. and moved its adoption, based on the following Findings: Criterion 1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding 1: The Board finds that no evidence has been received that the proposed veterinary clinic will be injurious to the uses and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criterion 2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding 2: The Board finds that the area surrounding the site is within the Highway Business(B-1) Zone and contains virtually no vacant property. The conditional use will not impede the future development and improvement in the area. Criterion 3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. City of Shakopee Board of Adjustment and Appeals April 4, 1996 Page 10 Finding 3: The Board finds that adequate utilities, access and drainage are provided to the site. Necessary parking facilities will need to be provided per the above discussion. Criterion 4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding 4: The Board finds that the use is consistent with the purposes of the Highway Business(B-1)zone, "...to provide an area for business uses fronting on or with immediate access to arterial and collector streets" Criterion 5: The use is not in conflict with the Comprehensive Plan. Finding 5: The Board finds that the use is consistent with the Comprehensive Plan. The area is designed for commercial uses in the adopted 1980 and draft 1995 Comprehensive Plans. VOTE: Motion carried unanimously. 9. OTHER BUSINESS No other business was on the agenda for discussion. 10. ADJOURN Chairperson Joos adjourned the meeting at 8:02 p.m. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attornyet/ DATE: April 5, 1996 RE: Adult Entertainment BACKGROUND: For some time the City has been working on improving our downtown. In discussing this last year, the Community Development Commission expressed concern about the impact that sexually- oriented businesses could have on our downtown. They requested staff to seek to protect the downtown from those negative impacts . As staff was beginning work on this, the City Attorney for St . Louis Park contacted staff and indicated that St . Louis Park, Minnetonka, and Prior Lake were in the process of creating a new adult entertainment ordinance. She asked if Shakopee would be interested in working with them to create one draft ordinance for all the cities. We did join in, and spent time over several months creating an ordinance which provides the maximum protection allowed by law. Attached is a copy of our final product, the Task Force Report on Sexually-Oriented Businesses. CONCLUSION: The Task Force Report is being presented to you for your information at this time . Staff is planning to present the ordinance to you at the next regular City Council meeting. If you have questions about the report or the proposed ordinance, please let me know. [5MEMO] TASK FORCE REPORT ON SEXUALLY-ORIENTED BUSINESSES tzir 1110. 4,101 ♦�,f� Prepared By the Staffs of City of Minnetonka, MN City of St. Louis Park, MN City of Shakopee, MN March 1996 TABLE OF CONTENTS I. Introduction 1 II. Legal Framework 2 A. Freedom of Speech: General Principles 2 B. Court Decisions About SOBs 2 C. Operational Regulations/Licensing Ordinances 4 D. Obscenity Laws 4 Ill. Studies of Secondary Impacts 6 IV. Analysis of Proposed Regulations. 8 A. Definitions 8 B. Location Restrictions. 9 C. Operation Requirements 10 D. Exceptions 12 V. Conclusion 13 APPENDICES A. Summaries of Relevant Court Decisions B. Summaries of Secondary Impact Studies 1 . Indianapolis, Indiana B-1 2. Los Angeles, California B-3 3. Minnesota Attorney General B-5 4. New York City, New York B-6 5. Phoenix, Arizona B-8 6. - Rochester, Minnesota . . . . .. . B-9 7. St. Paul, Minnesota B-1 1 C. Proposed Regulations L INTRODUCTION This report on the regulation of sexually oriented businesses (SOBs) is the product of a collaborative study by representatives from the cities of Minnetonka, Shakopee, and St. Louis Park, Minnesota. The participants from the cities included representatives from the planning and inspections departments and city attorney offices. Each city had varying reasons for its interest in the subject. St. Louis Park already had an ordinance regulating SOBs. In 1994, this ordinance came into question as the result of litigation. Since 1992, when the current SOB ordinance was adopted, Minnesota courts have dealt with cases challenging ordinances regulating SOBs. Some of these cases dealt with ordinances similar to the St. Louis Park ordinance, while others provided further guidance on the parameters of regulating constitutionally protected speech. Consequently, the St. Louis Park City Council believed that it was appropriate to undertake further review and study of SOB's. Minnetonka and Shakopee, on the other hand, did not have ordinances regulating SOBs. The City Councils of both cities observed the controversies involving SOBs in nearby cities, including the city of Hopkins, and asked their staffs to propose regulations. In the fall of 1994, St. Louis Park and Minnetonka, in consultation with one another, adopted interim ordinances pursuant to state law, temporarily imposing a moratoirum on SOBs while a study was undertaken. The St. Louis Park and Minnetonka City Managers met with the Hopkins City Manager to discuss a joint study. Hopkins decided that it needed to proceed more quickly and has not participated in this study. Because Shakopee was also interested in adopting regulations, its staff joined in the study. The joint study consisted of three components which are summarized in this report: a) an examination of the broad legal parameters within which regulations may adopted, (b) a review of studies in other cities which identified the impacts of sexually oriented business on surrounding neighborhoods, and (c) preparation of proposed regulations, based on the experiences and studies of other similarly situated cities. 1 II. LEGAL FRAMEWORK The protection of free speech guaranteed by the First Amendment of the United States Constitution limits the circumstances and extent to which speech in a commercial context may be regulated. Accordingly, in order to adopt enforceable SOB regulations, there must be an understanding of the basic legal parameters surrounding the subject of sexually-oriented activities and materials. The following discusses the legal protections applicable to SOBs, the types of local regulations which have been upheld, and the state statutes which also address related subjects. A. Freedom of Speech: General Principles. Sexually oriented businesses have certain rights to freedom of speech and expression under the First Amendment to the United States Constitution. As the result of numerous court cases examining this issue, some general principles regarding the regulation of commercial speech have evolved: 1 . Except for obscenity, libel, and "fighting words" (such as yelling "Fire!" in a crowded theater), the government cannot regulate the content of a person's expression.' 2. Commercial transactions involving non-obscene sexually-oriented materials and speech are not entitled to the same degree of First Amendment protection as personal speech, including personal opinion and political debate.2 3. The government may regulate the time, p/ace and manner of speech if there is a valid governmental interest and the regulation is narrowly drawn. The regulation cannot, however, have the effect of totally excluding the speech or excessively restricting it.3 B. Court Decisions About SOBs. The United States Supreme Court and subordinate courts have permitted local government regulation of SOBs, as long as the regulations are not a pretext for suppressing expression. To be constitutional, the regulations must meet the following requirements:4 1. Content-Neutrality. The regulations must be content-neutral. This means they cannot regulate the content of the expression. An ordinance is content-neutral if its primary purpose is to protect a city and its residents from the harmful and unwanted 2 secondary effects of SOBs. Secondary effects can include, among other things, increased crime, decreased property values, traffic congestion, noise, litter, and vagrancy. 2. Substantial Government Interest The regulations must be narrowly tailored to advance a substantial government interest. The prevention or elimination of undesirable secondary effects of SOBs on citizens and neighborhoods is a substantial government interest. Before adopting an ordinance, a city does not need to show that SOBs have caused or will cause such secondary effects within its own boundaries. Instead, a city may rely on the evidence and experience of other cities, if the evidence is reasonably believed to be relevant to its community.5 In addition, a city does not need to prove that a particular type of SOB would have the same adverse effects as the SOBs in the studies on which the city relied: So long as [the adult business ordinance] affects only categories of businesses reasonably believed to produce at least some of the unwanted secondary effects, [the city] must be allowed a reasonable opportunity to experiment with solutions to admittedly serious problems.6 3. Alternative Avenues of Communication The regulations must allow reasonable alternative avenues of communication. A city cannot foreclose all opportunity for an SOB to locate and operate in its boundaries. The United States Supreme Court upheld an ordinance which allowed SOBs to locate within 5% of the total area in a city.' Subsequent court decisions have used two different measurements for determining that there is sufficient area available for SOBs: a. the number of discrete sites available, often measured against the number of SOBs existing in the city, and b. the percentage of commercially-zoned land, rather than the entire city, on which an SOB could locate.* A city does not have to show that the property is commercially viable and available for sale or rent, nor does the city have to guarantee that a suitable location can be found in the market. Property will not be considered "available," however, if physical characteristics make it inaccessable or undevelopable or if legal restrictions such as zoning requirements or restrictive covenants make it unusable.$ 3 Regulations which have been approved include (a) prohibitions on locating within certain land use zones, (b) minimum spacing requirements between SOBs to avoid concentrations, and (c) distance requirements from uses which are particularly susceptible to SOB secondary impacts (such as residential property, schools, and religious institutions). A city may define SOBs in its regulations to include businesses which engage only partially in the sale, rental, or display of sexually-oriented activities or materials. Summaries of applicable court decisions are collected in Appendix A. C. Operational Regulations/Licensing Ordinances. The cases discussed above and summarized in Appendix A principally involve location requirements imposed through zoning ordinances. In addition to land use regulations, a city may enact regulations to address the manner in which the business is conducted and the qualifications for persons permitted to engage in the enterprise. These regulations are intended to ensure that the business is not engaging in illegal activities. Operational regulations must have specific and narrow standards, to protect against arbitrary enforcement. The standards must address the operations of the business, not the content of its materials. Any fee must be based on the city's projected costs of enforcing the regulations. These operational types of requirements may be enforced by requiring the business to obtain a license, by requiring the business to meet performance standards in the zoning ordinance, or by providing that a business which violates the standards is a public nuisance. D. Obscenity Laws. Minnesota law establishes criminal penalties for the exhibition, sale and distribution of obscene material. The definition of obscenity established by the United States Supreme Court and Minnesota law is : „ 1 . -the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interests; 2. the work depicts or describes, in a patently offensive way, sexual conduct as specifically defined by state law; and 3. the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. 4 Courts interpret the definition of obscenity narrowly because the regulation of obscenity directly regulates the content of speech. A city cannot enact ordinances which define obscenity more broadly. The Minnesota Legislature recognizes that children are particularly vulnerable to the adverse impacts of sexually-oriented materials. As a result, Minnesota law creates another category of materials which is called "harmful to minors." These are any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it: 1. predominantly appeals to the prurient, shameful or morbid interest of minors; 2. is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and 3. is utterly without redeeming social importance for minors. Minnesota law prohibits the sale or rental of such materials to children, and these materials cannot be displayed in any place where children are likely to be. Businesses may satisfy the law by placing opaque covers on the materials or by segregating them in a separate area with a sign prohibiting children from entering. ENDNOTES 1 . Miller v. California, 413 U.S.15 (1973). 2. Young v. American Mini-Theatres, Inc., 427 U.S. 50, 70-71 (1976); Central Hudson Gas & Elec. v. Public Service Comm'n, 447 U.S. 537, 562-563 (1980). 3. City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 46 (1986). 4. Id., at 50. 5. Id., at 50-52. 6. ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413, 1418 (8th Cir. 1994). 7. City of Renton, supra at 53. 8. Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524, 1529-1531 (9th Cir. 1993); Woodall v. City of El Paso, 950 F.2d 255, 258-261 (5th Cir. 1992). 5 III. STUDIES OF SECONDARY IMPACTS Before cities can adopt regulations governing sexually-oriented businesses, the cities must establish that the SOBs have created, or may create, adverse secondary effects. Studies from other cities may be used to satisfy this requirement. The task force reviewed studies from other cities and concluded that these are relevant to the task force cities for three reasons. First, the studies were conducted in major metropolitan areas in the United States, and the task force cities are located in a major metropolitan area. Second, one of the studies was conducted by the city of St. Paul, Minnesota, which is located in the task force cities' own metropolitan area. Third, the city of Rochester, Minnesota relied on some of these same studies when adopting its SOB regulations, and the use of these studies was upheld by the United States Eighth Circuit Court of Appeals. Summaries of each study are contained in the attached Appendix B. Full copies of the studies are on file in the Minnetonka City Attorney's office and the St. Louis Park and Shakopee Community Development Departments. Based on these reports, the task force reached the following conclusions: 1 . Studies from a considerable number of communities throughout the nation have concluded that SOBs have an adverse impact on the areas surrounding them. 2. Residential neighborhoods in proximity to SOBs suffer adverse effects including increased crime rates particularly in sex-related crimes, decreased property values, appreciation of property values at a slower rate than comparable properties in other areas, increased transiency, decreased stability of ownership, deteriorated neighborhood appearance from litter and graffiti, sex-related harassment by motorists and pedestrians, and a perception that the area is "unsafe". 3. Businesses in proximity to SOBs suffer the same adverse effects as residential property and in addition suffer difficulty in retaining and attracting customers, difficulty in recruiting employees, and difficulty in renting space to and keeping desirable tenants. 4. Proximity to liquor establishments compounds the adverse secondary impacts from SOBs. 5. The adverse impacts are the function of two variables: concentration and proximity. The adverse impacts are increased by the presence of 6 more than one SOB in close proximity to another SOB (concentration). The adverse impacts appear to lessen as the distance from the SOB increases (proximity). 6. The larger the establishment, the greater the potential and magnitude of adverse impacts. If more than one kind of SOB activity is located in one building, the adverse impacts are likely to increase, with the same kind of effects as multiple SOB enterprises. 7. Because of the secondary effects identified by these studies in cities similar to the task force cities, it is reasonable to impose narrowly tailored locational and operational restrictions on SOBs in the task force cities. 7 IV. ANALYSIS OF PROPOSED REGULATIONS In order to protect against the potential of negative secondary effects, the task force recommends reasonable time, place, and manner regulations. A. Definitions. In drafting the proposed regulations, the task force borrowed from existing SOB regulations adopted by other cities. For example, the definitions of "specified anatomical areas" and "specified sexual activities" are based closely upon other ordinances. In defining which businesses are subject to regulation, the proposed regulations follow the lead of other cities by including any-business which deals solely in sexually-explicit materials or entertainment. With respect to businesses which engage only partially in sexually-explicit materials, the regulations diverge somewhat from other cities' approaches. The task force rejected the other cities' methods for defining how much sexually-oriented material must be involved in order to be considered an SOB. The methods used by other cities have included restricting businesses with a "substantial" or "significant" portion of their stock, or with a certain percentage of such things as gross sales, floor area, or inventory. The task force rejected using these types of benchmarks because they are subject to differing interpretations, they are difficult to enforce, and they raise the following kinds of questions: a. How can the enforcement officer identify which sales relate only to sexually-oriented materials? b. If there is a sexually-explicit item on one shelf of a four-shelf unit, is the proper area to be measured the floor space under the unit, the total square footage of the four shelves, or the area occupied by the item? c. If counting inventory, is the proper measurement each item individually (e.g., each magazine) or only the category of items (e.g., each issue of a magazine regardless of the number of copies, or magazines as a group)? The task force endeavored to create an option which was more understandable for all parties and easier to enforce. The task force elected to distinguish between businesses where sexually-explicit materials or entertainment is provided for enjoyment on the site and those where the materials are provided for enjoyment off the site. 8 The studies show that businesses with activity on-site have more negative secondary impacts than businesses which sell or distribute materials only for off-site use. As a result, the proposed regulations apply to any business with on-site activity, regardless of the percentage of the business which is sexually-oriented. Businesses with on-site activity include those with live entertainment, movie exhibitions, or peep shows. The proposed regulations designate these enterprises as "high impact businesses." Businesses which sell or distribute material only for off-site use, such as bookstores, video rental stores, and novelty stores, are more problematic. The studies of secondary impacts primarily examined on-site establishments. One type of off-site business was studied: adult bookstores. Cities do not have to show, however, that the businesses to be regulated have exactly the same characteristics or adverse effects as the adult businesses examined in the studies. Cities may also regulate reasonably similar businesses. The Eighth Circuit Court of Appeals held that the studies supported regulation of a video and bookstore which offered a mixture of non- adult and adult materials and had no facilities for on-premise consumption, although no such business was actually examined. The courts allow cities to experiment with reasonable regulations. Because the studies are not as conclusive with respect to secondary effects from off- site establishments, the task force sought a more flexible and understandable method of dealing with these businesses. The task force was aware of the state law which creates the category of materials called "harmful to minors." Merchants can comply with this law by covering the materials which are harmful to minors or by placing them in a separate room inaccessible to minors. Materials which are "harmful to minors" under the state law appear to be essentially the same materials sought to be regulated under the proposed regulations dealing with SOBs. As a result, the proposed regulations follow this concept. The proposed regulations allow an off-site business to choose whether or not it wishes to be regulated in the same manner as a business with on-site activity. If the business wishes to deal in sexually-explicit materials, it can avoid the more restrictive regulations by either surrounding the materials with an opaque cover or placing them in an adults-only room no larger than 300 square feet. By doing so, the likelihood of secondary impacts and harm to minors is significantly reduced because the regulated materials are not in plain view. If the business elects this option, it will be regulated as a "limited impact business." If the business chooses to use a separate room larger than 300 square feet or has no separate room and does not cover the materials, it will be regulated as a "high impact business". The larger the quantity of materials and the more open they are, the more likely that the business will be perceived by the community as an "adult" establishment with the opportunity for the kinds of secondary effects noted in the various studies. 9 B. Location Restrictions. The proposed regulations allow "limited impact businesses" in any zoning district where the businesses would otherwise be allowed as a permitted or conditional use. Thus, the neighborhood video store which has a separate adults-only section would not be subject to any location requirements beyond the general zoning restrictions. In contrast, the proposed regulations have four restrictions regarding the location of a "high impact business": 1 . It must locate only in certain zoning districts, to minimize its secondary impacts on other property. 2. It must be a certain distance from uses which are particularly vulnerable to the secondary impacts from SOBs, such as residential dwellings, day care facilities, schools, libraries, parks, playgrounds, wildlife areas, religious institutions, and other recreational facilities. 3. It must be a certain distance from establishments which hold a liquor license, because the proximity between liquor establishments and SOBs can compound the secondary impacts from SOBs. 4. It must be a certain distance from any other "high impact business," because studies indicate that the secondary impacts increase where a concentration of SOBs exists. Each task force city has analyzed its own territory to determine the appropriate zoning districts and separation distances in order to allow a reasonable amount of area to be available for SOBs. C. Operational/Licensing Regulations. To ensure that the business is operated lawfully and responsibly, the following requirements are imposed: Both Limited and High Impact Businesses: 1 . Both the owner and the manager are responsible for ensuring compliance. 2. No employee can be under the age of 18. 3. No owner, manager, or employee can be convicted of violating the ordinance more than three times within 24 months. 10 Limited Impact Businesses: 1 . Sexually oriented materials cannot be visible from outside the establishment. 2. No one under the age of 18 is allowed in the separate adults-only area or is allowed to have any contact with sexually oriented materials. 3. Sexually-oriented materials must be sold in original packages. 4. The business cannot have a liquor license, except an off-sale, nonintoxicating license. High Impact Businesses: 1 . Sexually oriented materials or entertainment cannot be visible from outside the establishment. 2. No one under the age of 18 is allowed in the establishment or is allowed to have any contact with sexually oriented materials. 3. Sexually oriented materials must be sold in original packages. 4. There must be a sign on the main entrance announcing that minors are prohibited from entering. 5. The establishment cannot have a liquor license. 6. The business cannot exceed 10,000 square feet in gross floor area. 7. No person may touch any specified anatomical area of any other person. 8. Live entertainment must be on a stage at least two feet above the audience floor. Each performer must remain six feet away from all members of the audience. No performer may solicit or accept tips. 9. No partitions or booths are allowed, except for restrooms, storage rooms, and offices, unless one side is open to an adjacent public room. The inside area must be brightly lighted so that the area within the partitioned area or booth is clearly visible from the adjacent room. Seating or reclining is prohibited in a partitioned area or booth, except for restrooms, storage rooms, and offices. Only one person can be in the area at a time. 11 D. Exceptions. The following are not regulated by the ordinance: 1 . Materials with significant literary content or social commentary. 2. Businesses which keep sexually-explicit materials under an opaque cover, behind a counter, and accessible only by an employee. 3. Displays of sexually-oriented materials up to six times per year in a business if the activity is limited to an area in the business leased for a private party. 4. Organizations which are exempt under the state "harmful to minors" law: schools, churches, museums, medical clinics, physicians, hospitals, public libraries, and governmental agencies. 5. Articles for the prevention of conception or disease if sold by organizations dealing primarily with health or welfare, such as drug stores. 6. Businesses displaying works of art which are not for sale. 7. Movies rated G, GP, GP13, or R. 12 V. CONCLUSION The task force members hope that the information provided in this report and study provides the Minnetonka, St. Louis Park, and Shakopee City Councils with sufficient information to consider and evaluate the subject and potential impacts of SOBs, including the experiences of other similarly situated communities. With this report as background, each city council must now decide the following: 1 . Should SOB regulations be adopted for the city? 2. What secondary effects are the regulations intended to minimize or avoid? 3. Which of the recommended regulations should be adopted? 4. If location requirements are desired, which zoning districts should permit SOBs and what are the appropriate separation distances that will still provide SOBs a reasonable opportunity area to exist? 5. If operational standards are appropriate, should these be imposed through a licensing requirement, as performance standards in the zoning ordinance, or through the public nuisance ordinance? 6. If a licensing requirement is adopted, what will be the amount of the license fee? Respectfully Submitted, Minnetonka: Virginia Finlayson, Planning Technician Desyl Peterson, City Attorney St. Louis Park: Judie Erickson, Planning Coordinator Scott Moore, Zoning Administrator Suesan Lea Pace, City Attorney* Shakopee: Paul Bilotta, Community Development Director Karen Marty, City Attorney *Also Prior Lake City Attorney 13 APPENDIX A Summaries of Relevant Cases Decided By the United States Court of Appeals for the Eighth Circuit and the Courts of the State of Minnesota ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994), cert. denied, 63 U.S.L.W. 3413 (Nov. 28, 1994). FACTS: The owner of an adult bookstore sued the City of Rochester under a federal civil rights statute for declaratory and injunctive relief. After ILQ opened a bookstore and segregated forty percent (40%) of its floor space into an adults-only area selling sexually explicit books, magazines, and novelty items, the City notified ILQ that the store constituted an "adult bookstore" and an "adult establishment," which violated the City's zoning ordinance because it was located within 750 feet of a "youth facility." ILQ sued to enjoin enforcement of the ordinance on the grounds it violated ILQ's First Amendment and due process rights. The district court granted a preliminary injunction against enforcement of the ordinance on grounds ILQ was likely to succeed on the merits of a constitutional challenge to the ordinance because the definition of "adult bookstore" was vague and because the City unreasonably relied on other cities' studies to justify the ordinance and its application to the bookstore. ISSUE: Is ILQ likely to succeed on the merits of its constitutional challenge to the Rochester zoning ordinance? HOLDING: ILQ is unlikely to prevail on the merits of its First Amendment and due process claim; the preliminary injunction should not have been granted. RATIONALE: The United States Court of Appeals for the Eighth Circuit first found that the adult use ordinance was content-neutral because, in adopting the ordinance, the City had targeted the anticipated impact of adult businesses on their surrounding communities rather that the content of the bookstore's merchandise. The court then examined the legislative history of the ordinance and found that it was designed to serve the substantial governmental interest of curbing unwanted secondary effects of adult businesses. The Eighth Circuit specifically rejected the district court's conclusion that the City was unreasonable in relying on other cities' studies because it did not specifically consider businesses similar to the bookstore in question, i.e., adult bookstores that offer both sexually explicit and non-sexually explicit materials and that allow only off- premises consumption of those materials. Rather, said the court, the studies identified and measured adverse secondary effects linked to adult businesses generally (e.g., higher crime, neighborhood deterioration, lower property values, and an increase in transients), as well as adverse effects specifically attributable to adult bookstores, A - 1 albeit not adult bookstores offering both sexually explicit and non- sexually explicit materials: . Rochester need not prove that Downtown Book and Video would likely have the exact same adverse effects on its surroundings as the adult businesses studied by Indianapolis, St. Paul, and Phoenix. So long as Ordinance No. 2590 affects only categories of businesses reasonably believed to produce at least some of the unwanted secondary effects, Rochester "must be allowed a reasonable opportunity to experiment with solutions to admittedly serious problems." Rochester relied upon studies that identified specific adverse secondary effects attributable to adult bookstores. The City reasonably believed that evidence was relevant to the problems addressed by Ordinance No. 2590. Even if Downtown Book and Video is a new type of adult business, it may not avoid time, place and manner regulations that has been justified by studies of the secondary effects of reasonably similar businesses. The Court also rejected ILQ's vagueness and overbreadth arguments as unlikely to succeed on the merits because the language ILQ alleged to be vague and overbroad had been widely construed by courts and was used frequently in the U. S. Code, thereby removing any significant risk that the terms complained of were imprecise. A - 2 Ambassador Books & Video, Inc. v. City of Little Rock, Arkansas, 20 F.3d 858 (8th Cir. 1994), cert. denied, 63 U.S.L.W. 3221 (Oct. 3, 1994). FACTS: Operators of an adult bookstore and an adult arcade sued the City of Little Rock, Arkansas, challenging the constitutionality of the City's zoning ordinance, which restricted adult businesses to certain areas of the city. The City had considered reports from other cities detailing the negative secondary effects of adult businesses, then had drafted its ordinance to prohibit such businesses from operating with 750 feet of religious facilities, schools, residential zones, public parks, medical facilities, historical districts or places, and other adult businesses. The ordinance established a three-year amortization period for adult businesses existing in violation of the location and spacing restrictions. The plaintiffs challenged the City's motivations in adopting the ordinance based in part on a memo written by the City Attorney stating the intent to shut down the adult businesses. ISSUE: Is the City's zoning ordinance unconstitutional, as a violation of the plaintiff's First Amendment or due process rights, or as a bill of attainder? HOLDING: The City's zoning ordinance is constitutional; it does not violate the First Amendment or deny plaintiff's due process, nor is it an unlawful bill of attainder. RATIONALE: The Eighth Circuit Court of Appeals found that the Little Rock ordinance did not violate the First Amendment because it did not prohibit adult businesses from operating altogether but merely limited their location, and because it targeted the secondary effects of such businesses rather than their content. The court refused to "look behind the legislative findings and policy statements to attempt to discern the hidden (as distinguished from the stated) purpose of the legislation," rejecting the plaintiffs' argument that the City Attorney's stated intent to shut down adult businesses showed the ordinance was content-based. The court ruled that the ordinance permitted reasonable alternative avenues of communication, in that there were 97 available relocation sites for adult businesses, and it rejected plaintiffs' argument that the cost of relocation would be prohibitive on grounds that, under the First Amendment and applicable case law, "the cost factor is unimportant." The plaintiffs' due process challenge also was rejected, on grounds that a business has no absolute right to continue operating at a particular location and the ordinance provided for a three-year amortization A - 3 period. Finally, the court held that the ordinance did not constitute a bill of attainder because it was not punitive in nature. A - 4 Holmberg v. City of Ramsey, 12 F.3d 140 (8th Cir. 1993), cert. denied, 63 U.S.L.W. 3220 (Oct. 3, 1994). FACTS: Owner of adults-only store selling sexually explicit reading materials and sexual novelties, with on-premises coin-operated adult video machines, challenged the constitutionality of the City of Ramsey's adult use zoning ordinance, which required him to relocate his business. The City adopted an adult use ordinance based on the unwanted secondary effects of adult businesses, which designated two commercial zones where adult businesses could operate, as long as they were located at least 1,000 feet from certain other protected uses. Holmberg's business was located within one of the new zones but was located within 1,000 feet of several protected uses. Accordingly, Holmberg was required to relocate his business within a grace period. ISSUE: Is the City of Ramsey's adult use ordinance constitutional? HOLDING: The City's adult use ordinance is constitutional. RATIONALE: The Eighth Circuit Court of Appeals found that the City's zoning ordinance was content-neutral, since nothing in the ordinance suggested that the City had adopted it to suppress the message of Holmberg's sexual materials. Next, the court found that the City adopted the ordinance based on studies in other cities showing that sexually-oriented businesses have an adverse impact on surrounding neighborhoods, which satisfied the requirement that the ordinance serve a substantial governmental interest because the City reasonably believed that such studies were relevant to its own problems. Finally, the court found that the ordinance did not unreasonably limit alternative avenues of communication for Holmberg and his materials, because the ordinance allowed adult businesses access to thirty-five percent (35%) of the City's commercially-zoned land, both developed and undeveloped, much located major intersecting the central highwayof andwhich within was sight ofalongthe highway.streets The court found no First Amendment violation, "merely because Holmberg must 'fend for [himself]' in the real estate market on an equal footing with other prospective purchasers and lessees." A - 5 Alexander v. City of Minneapolis, 928 F.2d 278 (8th Cir. 1991). FACTS: Operator adult movie theater sued to enjoin the City of Minneapolis from enforcing a zoning ordinance amendment that restricted adult. businesses to the City's central business district, and required adult businesses operating elsewhere to relocate there. The district court found the ordinance amendment to be unconstitutional on grounds that reasonable alternative avenues for communication were not provided, based upon evidence that Alexander was unable to relocate his business despite attempts to do so. ISSUE: Does the ordinance amendment violate plaintiff's First Amendment rights? HOLDING: The ordinance does not ,violate plaintiff's First Amendment rights and is a constitutional time, place, and manner regulation. RATIONALE: The Eighth Circuit Court of Appeals determined that the district court had applied the wrong standard in finding the ordinance amendment unconstitutional. The court reasoned that because the adult theaters had legal access to at least 6.6% of the total commercial land area in Minneapolis, including at least 120 separate block faces, adequate alternative avenues were available for relocation. Evidence showing that only one property owner would sell or lease to Alexander, and that the sole exception was cost prohibitive, was irrelevant to the First Amendment inquiry, according to the court, as long as the City did not deny Alexander a reasonable opportunity to open and operate an adult theater within the city. A - 6 Bukaka, Inc. v. County of Benton, 852 F. Supp. 807 (D. Minn. 1993). FACTS: The operator of a live nude dancing restaurant (with no liquor license) sued the County of Benton under a federal civil rights statute to prevent enforcement against it of a development code requirement that the restaurant obtain a conditional use permit to operate. The County notified the restaurant that it could not operate without a CUP because it was a "recreational facility" under the Development Code, defined as "[a]ny facility, park, or other property intended to be used principally for recreational purposes[.]" Bukaka alleged that the Code violated its First Amendment rights and was overbroad. The County argued that the action was not ripe because Bukaka had never applied for a CUP, nor had it exhausted its administrative remedies by appealing the County's regulation of the restaurant. ISSUE: Should a preliminary injunction issue to protect Bukaka from enforcement of the Code's conditional use permit requirement? HOLDING: Plaintiff's motion for preliminary injunction granted. RATIONALE: The Court analyzed four factors to determine whether a preliminary injunction was warranted: (1) irreparable harm; (2) balance of the harms; (3) probability of success on the merits; and (4) whether the public interest favored an injunction. The Court found that Bukaka had demonstrated the likelihood of irreparable harm because the enforcement of the Code would chill free expression under the threat of government sanctions. After balancing the harms involved, the Court concluded that, while granting Bukaka a preliminary injunction would impair the County's ability to exercise its police powers through enforcing its zoning ordinance, the threat to Bukaka's First Amendment rights without an injunction was "serious and imminent" and justified injunctive relief. The Court ruled that Bukaka made an adequate showing of probable success on the merits because (a) the Code provided no alternative channels for communication because all "recreational facilities" required a CUP and could be located only in business districts; (b) the vague language of the Code gave County Commissioners unconstitutionally broad discretion; and (c) the Code contained no time limits within which the County must accept or deny a CUP application. Finally, the Court found that, although conflicting public interests were involved, the public interest would be best served by enjoining enforcement of the Code, because Bukaka had made a "strong showing" of likelihood of success on the merits. A - 7 Wolff v. City of Monticello, 803 F. Supp. 1568 (D. Minn. 1992). FACTS: Two operators of video rental stores, which used less than ten percent (10%) of their total store area to rent adult videotapes, challenged the constitutionality of Monticello's adult use ordinance that required adult businesses to be licensed. After an adult bookstore opened in a neighboring city (Ramsey), the Monticello City Council imposed a moratorium of the development of adult uses while it studied the regulation of such uses. The Planning Commission engaged a planning consulting firm and reviewed studies and reports on the issue from the Minnesota Attorney General, the City of Rochester, and other cities having characteristics similar to Monticello. The City Council subsequently found that adult uses have adverse impacts on the neighborhoods around them and thereupon adopted an adult use ordinance that restricted adult uses to particular parts of the City. The ordinance divided adult uses into two categories: "adult use/accessory," for businesses offering adult goods and services on a limited scale, and "adult use/principal," for businesses whose primary activity was offering adult goods and services. The video stores plaintiffs operated were undisputedly "adult use/accessory" businesses. A second ordinance established licensing requirements for adult uses. The ordinances further prohibited adult use/accessory businesses from advertising the availability of adult materials inside or outside the store. ISSUES: Are the adult use ordinances unconstitutional? HOLDING: The adult use ordinances are unconstitutional; the City is enjoined from enforcing them. RATIONALE: The court found that the City's regulatory scheme was not narrowly- tailored to affect only the category of businesses shown to produce the unwanted secondary effects. According to the court, the City based its regulation of adult use/accessory businesses on the assumption that such-businesses create the same adverse secondary effects as adult use/primary businesses, without any evidence to support that assumption. Significantly, this case was decided two years before the Eighth Circuit's decision in ILQ Investments, Inc. v. City of Rochester. The Court also struck down the licensing procedure used by the City, ruling that the ordinances did not set forth criteria for licensees, did not set any limits on any City Council discretion in issuing the license, and did not provide for the continued operation of existing adult uses during the 90-day license application process. Finally, the court found A - 8 unconstitutional the ordinances' prohibition of advertising because it banned protected speech, even though the speech was not misleading and did not concern unlawful activity. A - 9 City of Minneapolis v. Gradishar, 1995 WL 46251 (Minn. Ct. App. Feb. 7, 1995) (unpublished) review denied. FACTS: The owner of an adult bookstore in Minneapolis challenged an injunction that prohibited him from offering nude dancing in his bookstore. The defendant opened his adult bookstore in the central business district in October 1991, and was then the only adult bookstore in that block. The Minneapolis Code allowed only one adult use in each block. In February 1992, the Minneapolis City Council amended its definition of "adult entertainment center" to include establishments that sell liquor, which caused a bar in the same block as defendant's bookstore that featured nude dancing to become a regulated use. Accordingly, both the bookstore and the bar then became a nonconforming use under the City Code. For that reason, the City Council denied,the defendants' subsequent application for a license to offer nude dancing in his bookstore, as an impermissible expansion of a nonconforming use. The City then sued for an injunction to enforce its decision and ordinances. ISSUES: Is the City's 1992 zoning ordinance amendment constitutional? HOLDING: The 1992 adult use ordinance amendment is constitutional. RATIONALE: The court found that the underlying adult use ordinance had already undergone constitutional scrutiny by the Eighth Circuit in Alexander v. City of Minneapolis, and was found to be constitutional because its purpose was to control the adverse secondary effects of adult businesses. The court then reasoned that since the record supporting the 1992 amendment showed that its purpose was to prevent the spread of adult businesses outside the central business district, the amendment had the same underlying purpose as the adult use ordinance it was amending. Therefore, the court held, the amendment served a substantial governmental interest. The court also found that the City's reliance on comprehensive studies from Los Angeles, Indianapolis, Seattle, Chicago, and Portland showed that the City Council had considered empirical evidence regarding the adverse secondary effects of adult businesses that serve liquor. Accordingly, the court found the City's 1992 zoning ordinance amendment to be constitutional. A - 10 City of St. Paul v. Carlone, 419 N.W.2d 129 (Minn. Ct. App. 1988). FACTS: The owner of a nude cabaret appealed a temporary injunction that prohibited him from operating the establishment in violation of St. Paul's adult use ordinance. The St. Paul Code defined "adult uses" as uses that are not open to the public generally and that exclude persons under the age of 18 years by reason of age; the Code further required any adult use to obtain a conditional use permit to operate. Carlone argued his establishment was not an adult use because he freely admitted minors. He also argued that the adult use ordinance was facially unconstitutional and that the temporary injunction was overbroad. ISSUE: Did the trial court err in issuing a temporary injunction restraining Carlone from operating his nude cabaret? HOLDING: The trial court did not abuse its discretion. RATIONALE: The Court of Appeals rejected Carlone's argument that his nude cabaret was not an adult use, since a 1987 statutory amendment making it unlawful to admit minors to such an establishment precluded Carlone from lawfully admitting minors to his establishment. The Court then analyzed the constitutionality of St. Paul's ordinance and implicitly concluded that it was a content-neutral zoning ordinance designed to combat undesirable secondary effects of adult businesses. The Court found that the zoning ordinance was designed to serve the substantial government interest of protecting the City's neighborhoods, and that reasonable alternative avenues of communication were provided because the zoning scheme did not prohibit adult uses, but merely required that they be adequately spaced to prevent potential harm to surrounding neighborhoods. Finally, the Court held that the temporary injunction was not overbroad because it did not prohibit Carlone from using his property in a productive manner, but merely precluded him from using the property as an adult use without obtaining a conditional use permit. A - 11 City of Ramsey v. Holmberg, No. C9-94-3310 (Anoka Co. Dist. Ct. Sept. 5, 1995). FACTS: The City of Ramsey sought summary judgment and a permanent injunction prohibiting the defendant adult bookstore from operating the bookstore within the city. The bookstore had been in operation since April 1990, selling sexual novelties and adult books and magazines. (Prior to December 1993, the bookstore also offered the adult movies in on-site video booths; the movies were discontinued pursuant to an Eighth Circuit decision. See Holmberg v. City of Ramsey, 12 F.3d 140 (8th Cir. 1993), cert. denied, 63 U.S.L.W. 3220 (Oct. 2, 1994)). By prior order, the court had determined that the defendant bookstore was an "adult use" that was prohibited from operating where it is located, i.e., within 1,000 feet of residentially zoned property, a church, and an on-sale liquor establishment. ISSUES: Was the City's ordinance constitutional? HOLDING: The City's ordinance was upheld as a constitutional regulation of adult uses. RATIONALE: By prior order, the court had determined that the City's adult use ordinance was content-neutral. In this case, the court ruled that the City had a substantial governmental interest in regulating adult uses based on studies conducted in other cities related to the adverse secondary effects of adult businesses and the ordinance was narrowly tailored to advance that interest. The court found that the City, in passing its adult use ordinance, had relied on many of the same studies and reports on which the City of Rochester had relied in ILQ Investments, Inc. v. City of Rochester. The Court rejected the defendants' argument, as had the Eighth Circuit in ILQ, that the City was constitutionally required to disregard the studies upon which it had relied in passing its adult use ordinance because none of the studies evaluated the secondary effects of adult bookstores that offer both adult and non-adult materials and that do not have facilities for on- premises consumption of adult materials. The Court also found that because the City provided the defendants with potential relocation sites in accessible commercially zoned areas, the adult use ordinance did not unreasonably limit alternative avenues of communication. A - 12 City of Fridley v. Fantasy House, Inc., No. C5-91-8733 (Anoka County Dist. Ct. Aug. 17, 1993). FACTS: The City of Fridley brought a declaratory judgment action against Fantasy House for violating its adult use ordinance by operating an adult novelty store too close to a residential use district, a church, and a city park. The City passed its adult use ordinance several months after Fantasy House opened its store in a commercial district and began selling sexually-oriented materials. ISSUE: Is Fridley's adult use ordinance constitutional as applied to adult novelty stores? HOLDING: Although the bulk of the adult use ordinance is constitutional, the section that applied to adult novelty stores was unconstitutional. RATIONALE: The court ruled that the City had failed to show any actual adverse secondary effects from the operation of Fantasy House in Fridley, and also had failed to show that adult novelty businesses like Fantasy House tend to cause the same secondary effects caused by other types of adult businesses. The court distinguished businesses that provide on-site consumption of adult materials from those that do not, noting that the harmful secondary effects cited by the City as justification for its adult use ordinance (i.e., traffic congestion, unusual hours of operation, litter, noise, criminal activity, and greater incidence of sexual crimes) were of a type likely to be caused only by the provision of on- site entertainment or services. Significantly, this case was decided before the Eighth Circuit's decision in ILQ Investments, Inc. v. City of Rochester. The court also addressed the constitutionality of regulations that use a percentage-of-merchandise measure to determine whether a business is primarily an adult use. The court concluded that such restrictions put the government in the position of focusing on content rather than on secondary effects, since they require someone to make a determination about the content of merchandise before a business can be regulated. Finally, the Court suggested that the alternative avenues of communication available for adult businesses were inadequate. The City had claimed that four percent (4%) of Fridley's total land area was available for adult businesses, but the court found that claim to be misleading, in that some of those areas were not viable relocation sites. The Court did not conclude that four percent of the City's total land A - 13 area, if that were an accurate figure, would be insufficient to provide adequate alternative avenues for communication, but suggested that a more relevant figure would be the number of potential business locations to which an adult business might relocate, whether or not such locations are currently available. A - 14 APPENDIX B Summaries of Secondary Impact Studies ADULT ENTERTAINMENT STUDY SUMMARY CITY, DATE: Indianapolis, 1984 TYPE OF STUDY: 1 . Compared 6 sites with 6 control sites 2. Survey of professional property appraisers nationwide TYPES OF BUSINESSES: "primarily features sexually stimulating material or performances." Includes bookstores, cabarets, theaters, arcades. DESCRIPTION OF BUSINESS LOCATIONS: 2 areas were "Neighborhood-Related": 75% or more of the area within 1000 feet of the site was zoned for residential and neighborhood commercial. 1 of these contained an adult bookstore and a massage parlor; the other contained an adult movie theater and a topless bar. 2 areas were "Community-Related:" 30% or more of the area within 1000 feet was zoned for community-regional commercial or more intense, including city- wide uses such as a hospital or cemetery. 1 of these contained 2 adult bookstores and a massage parlor; the other contained 4 massage parlors, 2 adult bookstores, and a topless bar. 2 areas fell in between. Each of these areas had one topless bar. FINDINGS: • 1 . The major crime rate for the study areas was 23% higher than control areas and 46% higher than citywide. 2. The sex-related crime rate was 77% higher than the control areas. 3. Crime frequencies were 56% higher in residential areas than commercial. B - 1 r ADULT USE STUDY: Indianapolis 4. Sex-related crimes occurred 4 times more frequently within residential study areas than commercial study areas. 5. Housing values in the study areas appreciated at only one-half the rate of the control rate and only one-third the rate of Center Township as a whole. 6. 75% of national appraisers who responded felt an adult bookstore within 1 block would have negative effect on the value of both residential (80%) and commercial (72%). Half of the respondents thought there would be an immediate depreciation in excess of 10%. 7. 71 % of appraisers felt that impact of adult bookstore fell off sharply at a distance of three blocks. EXISTING REGULATIONS: None. RECOMMENDATIONS: 1 . Limit to community-wide commercial districts. 2. Require a special exception (conditional use permit) with appropriate standards to buffer and protect adjacent property. 3. Distance of 500 feet from residential, school, church, park, historic area. B - 2 ADULT ENTERTAINMENT STUDY SUMMARY CITY, DATE: Los Angeles, 1977 TYPE OF STUDY: 1 . Crime statistics from LAPD 2. Comparison of property values between 5 study areas and 5 controls 3. Testimony at 2 public meetings 4. Questionnaires TYPES OF BUSINESSES: "adult bookstores and theaters, massage parlors, nude modeling studios, adult motels, arcades, and certain similar businesses." DESCRIPTION OF BUSINESS LOCATIONS: None FINDINGS: 1 . From 1969-75, Hollywood had a larger increase in crime than LA as a whole. Hollywood had the largest concentration of adult entertainment businesses. In that time period, the number of adult uses increased from 11 to 88. Reported incidents of Part I crimes (homicide, rape, aggravated assault, robbery, etc) increased 7.6% compared with 4.2% for the rest of the city. Arrests for Part II crimes (forgery, prostitution, narcotics, liquor violations, gambling) increased 45.4% compared with 3.4% for the rest-of the city. 2. Appraisers and realtors believe that the concentration of adult uses has had an adverse economic effect on residential and commercial property, that this effect diminishes with distance but that the effects extend even beyond a 1000-foot radius, depending on the concentration and specific type of use. 3. Business owners, residents believe that adult uses have the following adverse effects: difficulty in retaining and attracting customers, difficulty B - 3 ADULT USE STUDY: Los Angeles in recruiting employees, difficulty in renting space and keeping desirable tenants, neighborhood appearance (litter & graffiti). 4. Based on a comparison of assessed valuations, it cannot be concluded that properties in areas with adult uses have been directly affected. EXISTING REGULATIONS: No zoning regulations RECOMMENDATIONS: 1 . Distance between each other: 1000 feet 2. Distance from residences, churches, schools, parks, and "the like": at least 500'. 3. Additional regulations for signs. B - 4 ADULT ENTERTAINMENT STUDY SUMMARY CITY, DATE: Minnesota Attorney General TYPE OF STUDY: Review of existing studies from Minneapolis, St. Paul, Indianapolis, Phoenix, Los Angeles TYPES OF BUSINESSES: n/a DESCRIPTION OF BUSINESS LOCATIONS: n/a FINDINGS: Increase in crime, decline in property value primarily a function of 2 variables: proximity and concentration. EXISTING REGULATIONS: n/a RECOMMENDATIONS: 1 . Set distance requirements from residential areas, schools, child care facilities, churches, parks. 2. Set distance requirements between adult use and liquor establishment and between adult uses; consider restricting adult uses to one per building. 3. Use amortization to eliminate non-conforming businesses. B - 5 ADULT ENTERTAINMENT STUDY SUMMARY CITY, DATE: New York City, 1994 TYPE OF STUDY: 1 . Survey of existing studies from Islip, New York; Los Angeles; Indianapolis; Whittier, California; Austin, Texas; Phoenix; State of Minnesota; Times Square Business Improvement District 2. Compared six study areas with six control areas 3. Surveyed local residents and business owners, realtors, and police 4. Reviewed assessed value date and crime data TYPES OF BUSINESSES: Limited to (a) XXX video & bookstores, (b) adult live or movie theaters, and (c) topless or nude bars. Only those which identified themselves as "adult" through signs or other advertizing. Did not include a neighborhood video store that devotes a small area to triple-X videos. DESCRIPTION OF BUSINESS LOCATIONS: Three of the six study areas contained a single adult use. Lesser concentrations of adult uses than Times Square. In general commercial areas. FINDINGS: 1 . Where there were higher concentrations of adult uses, there were significant negative secondary impacts: substantially higher incidence of criminal activity in Times Square; rate of increase in assessed property values was slower for blocks where adult uses were located. 2. Couldn't substantiate increase in crime or decrease in property values where there was only one adult use. 3. Community business owners and residents believe that adult uses impact the community negatively, and they fear results of proliferation. Perception is important because it can become reality. B - 6 ADULT USE STUDY: New York City 4. 80% of realtors felt there would be a decline in property values if located within 500 feet. 5. Adult use signs are generally larger, more often illuminated and graphic compared with other nearby commercial uses. EXISTING REGULATIONS: No special regulations for adult uses RECOMMENDATIONS: No specific regulations, but supported restrictions on proximity to residential areas, houses of worship, schools, and each other • B - 7 ADULT ENTERTAINMENT STUDY SUMMARY CITY, DATE: Phoenix, 1979 TYPE OF STUDY: Compared 3 study areas to 3 control areas TYPES OF BUSINESSES: No definition given DESCRIPTION OF BUSINESS LOCATIONS: Study Area 1 : 4 adult businesses less than 1000 feet away from each other & less than 500 feet from residential Study Area 2 & 3: 1 adult use each FINDINGS: 1 . 40% more property crimes in study areas than control areas. 2. 6 times the sex crime rate in study areas than in control areas. The majority of sex crimes are indecent exposure. Excluding indecent exposure, the sex crimes were still 3.5 times greater in Area 1 than its control area, and more than 1.5 times greater in Areas 2 and 3 than their control areas. 3. 89% of the reported indecent exposure crimes in Study Area 1 were committed at the addresses of adult businesses. 4. Higher number of sex crimes where there is a concentration of adult businesses: 84 more sex crimes in Study Area 1 than Area 2 and 56 more than Area 3. 5. Higher number of sex crimes compared to control areas: 11 times as great in Area 1, 4 times in Area 2, and 3 times in Area 3. EXISTING REGULATIONS: 1 . Distance between each other: 1000 feet 2. Distance between adult use and school or residential zone: 500 feet 3. Residential distance may be waived if 51 % of residents within 500 feet do not object to the location. RECOMMENDATIONS: None B - 8 ADULT ENTERTAINMENT STUDY SUMMARY CITY, DATE: Rochester, MN, 1988 TYPE OF STUDY: Review of studies from Indianapolis, St. Paul (1978 & 1987), and Phoenix TYPES OF BUSINESSES: n/a DESCRIPTION OF BUSINESS LOCATIONS: n/a FINDINGS: 1 . A considerable number of communities throughout the nation have studied the impacts which adult entertainments have on the areas surrounding them. 2. These studies have concluded that adult entertainment uses have an adverse impact on the surrounding neighborhoods. 3. Residential neighborhoods in proximity to adult uses suffer adverse effect including increased crime rates, lowered property values, and increased transiency. 4. Values of both commercial and residential properties are diminished when located in proximity to adult entertainment businesses. 5. The adverse impact on commercial areas is increased by the presence of more than one adult entertainment use in close proximity to another adult entertainment use. 6. The impact which an adult entertainment use has on the surrounding area appears to lessen as the distance from the adult entertainment use increases. 7. Reasonable "time, place and manner" restrictions which address the "secondary" impact of adult entertainment uses are constitutionally permissible. 8. Any proposed regulation must be essentially "content neutral." The First Amendment prohibits regulations which attempt to regulate written or other expressive materials or acts on the basis of their content. B - 9 ADULT USE STUDY: Rochester, MN 9. Pornographic materials are exempt from the protections of the First Amendment and can be regulated through existing or pending criminal laws. 10. Adult entertainment regulations must be tailored to the specific needs of each community as determined through specific findings of actual or potential impacts affecting the public health, safety, or general welfare. 11 . Existing local regulation of adult entertainment uses is limited in its scope, is generally incidental to other regulatory provisions, and has never been addressed as.part of a comprehensive community plan to regulate such uses. EXISTING REGULATIONS: None RECOMMENDATIONS: See above B - 10 ADULT ENTERTAINMENT STUDY SUMMARY CITY, DATE: St. Paul, MN, 1987 + 1988 supplement TYPE OF STUDY: 1 . Reviewed studies from Phoenix, Indianapolis, Los Angeles, Mpls 2. Examined University/Dale neighborhood TYPES OF BUSINESSES: Adult uses which exclude minors DESCRIPTION OF BUSINESS LOCATIONS: 4 adult uses on the blocks adjoining the intersection: 1 bookstore, 2 movie theaters, and 1 bar with live entertainment FINDINGS: 1 . The five locations with the highest number of prostitution arrests were within 3 blocks of Dale/University. 2. Unclear whether prostitution clients are also patrons of adult businesses. The two activities are often separate but occur in the same neighborhood due to a "sex for sale" reputation. 3. Residents in the area are subject to sex-related harassment by motorists and pedestrians. 4. Residents in area have found discarded pornographic literature near the adult businesses; becomes available to minors. 5. Increase in crime in the four police quadrants at this intersection from 5.7% of total reported offenses in 1980 to 6.1 % in. 1985. Crime south of the intersection has decreased because of active Block Clubs. 6. Situation has created a perception that the area is unsafe. Bank at the corner across from adult bookstore conducted survey. 36% said they would feel unsafe banking at this intersection. Only 4% said so at other areas. EXISTING REGULATIONS: 1 . Existing regulations include zoning & licensing 2. Allowed in B-3, B-4, B-5, and I-1 districts. B - 11 ADULT USE STUDY: St. Paul 3. B-3 & I-1 (outside of downtown): 1320 feet (2 blocks) from each other; 200 from residences B-4 & B-5 (downtown): 300 feet from each other; 100 from residences RECOMMENDATIONS: 1 . Change definition to include anatomical areas/sexual activities and delete "adult only." 2. Protected uses: houses of worship, day care, public libraries, schools, public parks, playgrounds, recreational facilities, fire stations, hotels/motels, community residential facilities, and missions. Include hotels/motels because residential in nature and can become centers of prostitution. Include fire stations because used for bicycle registration and school field trips. Include missions because rehabilitative for problem populations. 3. Distance between adult uses (because negative impacts can go 3 blocks away): Downtown: 1320 (compared to current 300) Outside downtown: 2640 (compared to current 1320) 4. Distance from residential zones: Downtown: 800 (compared to current 200) Outside downtown: 400 (compared to current 100) 5. Distance from protected uses: Downtown: 200 (cf. current 100 which applies only to residential) Outside downtown: 400 (cf. no protected uses) 6. Limit to one type of adult use per building. To avoid concentrations which cause greater negative impacts. Multi- functional uses duplicates a situation of concentration of uses. 7. Allow waiver to distance requirements if not contrary to public interest or injurious to adjacent properties, meets spirit and intent of ordinance, not enlarge or encourage development of "skidrow" area, not contrary to any program of neighborhood improvement. B - 12 APPENDIX C Proposed Regulations ORDINANCE NO. AN ORDINANCE OF THE CITY OF , MINNESOTA, AMENDING CITY CODE CHAPTER , BY ADDING A NEW SEC. , RELATING TO SEXUALLY ORIENTED BUSINESSES. WHEREAS, the City recognizes the sanctity and fundamental nature of free speech; and WHEREAS, the City does not intend to regulate or ban speech based on content; and WHEREAS, the City has reviewed the State Attorney General's "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses" dated June 6, 1989, which details the effects and impacts of sexually oriented businesses; and WHEREAS, the City also has reviewed and relies upon studies from six cities; and WHEREAS, the City of is similar to the cities in the Attorney General's study and the studies of six cities, and will experience the same impacts from sexually oriented businesses; and WHEREAS, sexually oriented business have an impact on the neighborhoods surrounding them distinct from the impact caused by other uses; and WHEREAS, residential neighborhoods located within close proximity to sexually oriented businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability or ownership; and WHEREAS, the adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented use increases; and WHEREAS, studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of sexually oriented businesses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; and C - 1 WHEREAS, sexually oriented businesses are not appropriate in or near locations areas designed to attract children, such as parks, schools, recreation areas, libraries, and churches; and WHEREAS, studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to sexually oriented businesses; and WHEREAS, the adverse impacts of sexually oriented uses are exacerbated when the uses are located near each other; and WHEREAS, the presence of liquor establishments in the immediate vicinity of sexually oriented uses also compounds the adverse impacts on the neighborhood; and WHEREAS, sexually oriented businesses can increase the risk of exposure to communicable diseases, including but not limited to Acquired Immune Deficiency Syndrome (AIDS), for which currently there is no cure; and WHEREAS, the risk of public health and safety problems can be significantly reduced by careful regulation of such businesses. THE CITY COUNCIL OF THE CITY OF , MINNESOTA ORDAINS: Section 1 - That City Code Chapter , is hereby amended by adding a new Sec. , which shall read as follows: SEC. . SEXUALLY ORIENTED BUSINESSES. Subd. 1. Purpose. In order to protect the City's community image, property values, public health, safety, welfare, and business environment, the City has found it necessary to restrict which businesses may locate within the City, and to regulate certain businesses. Only those businesses with secondary effects on neighboring properties and the City are intendedtobe regulated. This Section is-not-intended to restrict or regulate art. Subd. 2. Definitions. A. "Limited impact business" means a business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided, and which meets the following restrictions: C - 2 1. all sexually oriented materials must be provided for use or entertainment off the business premises only; 2. all sexually oriented materials must be provided from a separate area to which persons under the age of 18 are prohibited access; 3. the separate area may not exceed a maximum of 20% of the retail floor area of the establishment, or 300 square feet, whichever is less; 4. no person outside the separate area shall be able to perceive or observe any sexually oriented materials at any time, including when someone is entering or exiting the separate area, shopping, or purchasing sexually oriented materials; 5. a sign must be displayed on the entrance to the separate area, which shall read: "No person under the age of 18 is allowed in this area." The sign letters shall be a minimum of 2 inches high; and 6. the entry into the separate area shall be visible to an employee of the business at all times. B. "High impact business" means any business with materials or entertainment which are principally related to sexual stimulation or gratification other than an limited impact business. Examples of a high impact business include the following: 1. a business where sexually oriented materials are sold, bartered, distributed, leased, furnished, exhibited, or otherwise provided for use or entertainment on the business premises; 2. a business where specified sexual activities (as defined herein) are explicitly verbally described or shown; 3. . a business where specified anatomical areas (as defined,herein) - are explicitly verbally described or shown; 4. a business providing sexually oriented materials for off-site use or entertainment, which has a separate area but does not meet the size or other restrictions to qualify as an limited impact businesses; and C - 3 5. a business providing sexually oriented materials for off-site use or entertainment, where the sexually oriented materials are dispersed within the business rather than isolated in a separate area. C. "Sexually oriented business" means any limited impact business or any high impact business. D. "Sexually oriented materials" means visual, printed, or aural materials, and other objects or devices, which: 1. contain, depict, or describe specified sexual activities or specified anatomical areas, 2. are marketed for use in conjunction with, or are primarily used only with or during,.the specified sexual activities described in F.2, F.3, or F.6 below, or as part of the binding, fettering, or other physical restraint described in F.5 below. E. "Specified anatomical areas" means 1. less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and 2. human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. F. "Specified sexual activities" means 1. actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; 2. actual or simulated masturbation; 3. actual or simulated sadism or masochism; 4. actual or simulated sexual stimulation of any kind; 5. situations involving a person who is nude, clad in undergarments, or in a revealing costume, and who is engaged in activities involving binding, fettering, or other physical restraint of that or another person; and 6. sexually oriented touching of an animal by a human. C - 4 Subd. 3. Prohibition. No person shall operate a sexually oriented business except in conformity with the provisions of this Section. Subd. 4. Location of a Limited Impact Business. An limited impact business may locate in any zone as a part of a permitted or conditionally permitted retail use. Subd. 5. Location of a High Impact Business. A. A high impact business may locate only in the zone(s). B. No person shall operate a high impact business on property, any part of which is within the area circumscribed by a circle which has a radius of feet from any of the uses listed below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property lines of the two uses. This distance requirement applies to the following uses: 1. property developed or zoned for residential uses; 2. property located in a major recreation zone; 3. property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, state or federal wildlife area or preserve, religious institution, and other public recreational facility; 4. premises licensed under City Code Chapter , relating to liquor, beer and wine licensing; and 5. another high impact business. Subd. 6. Operation of Business. A. Both the owner of a sexually oriented business and the manager of the business shall be responsible for the conduct of their employees and for compliance with this Section. B. No owner or manager of a sexually oriented business shall employ a person under the age of 18. C. No owner, manager, or employee of a sexually oriented business shall have been convicted of violating this Section three or more times within 24 months. C - 5 Subd. 7. Restrictions and Regulations for a Limited Impact Business. A limited impact business is subject to the following restrictions and regulations: A. No owner, manager, or employee shall allow any sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. B. The business owner, manager, or employee shall assure that no person under the age of 18 enters the separate area where sexually oriented materials are provided. C. No owner, manager, or employee shall allow any person under the age of 18 to have access to any sexually oriented materials, whether by sight, purchase, touch, or any other means. D. No owner, manager, or employee may sell or display for sale any sexually oriented materials except in original unopened packages. E. No business may have a license under Chapter of the City Code other than an off-sale license for nonintoxicating malt liquor. Subd. 8. Restrictions and Regulations for a High Impact Business. A high impact business is subject to the following restrictions and regulations: A. No owner, manager, or employee shall allow any sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. B. The business owner, manager, or employee shall assure that no person under the age of 18 enters the business. C. No owner, manager, or employee shall allow any person under the age of 18 to have access to sexually oriented materials, whether by sight, purchase, touch, or any other means. D. No owner, manager, or employee may sell or display for sale any sexually oriented materials except in original unopened packages. E. No owner, manager, or employee of a high impact business shall have been convicted of a sex crime, as identified in Minn. Stat. Sec. 609.293 through 609.352, 609.746 through 609.749, 609.79, 5186.01, or related statute dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse. C - 6 F. Each business shall display a sign on its main entrance door which reads: "This business sells sexually oriented material or entertainment. Persons under the age of 18 are prohibited from entering." The sign letters shall be a minimum of 2 inches high. G. No business may have a license under Chapter of the City Code, and no alcoholic beverages may be consumed in the business. H. No business shall exceed 10,000 square feet in gross floor area. No patron, employee, or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. J. Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. K. No business shall have any booths, stalls, or partitions unless such booths, stalls, or partitions have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in such a manner that the persons inside the booth, stall, or partition are clearly visible from the adjacent public room. Seating or reclining surfaces inside such areas are prohibited. No more than one person may occupy any partitioned area, booth, stall, or other similar area at one time. The restrictions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager, or employees of the business, if such storage rooms or offices are used solely for running the business and no person other than the owner, manager, and employees is allowed in the storage rooms or offices. Subd. 11. Exceptions. This Section does not regulate the following: A. Any material with significant literary content or social commentary. B. A business where sexually oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if (1) the material harmful to minors on each item is blocked from view by an opaque cover as required under Minn. Stat. C - 7 Sec. 617.293, and (2) each item is behind the counter and accessible only by an employee of the business. C. Displays of sexually oriented materials may occur up to six times per year without rendering a business a high impact business, if the displays are limited to an area which has been leased to a person or business for their exclusive occupancy for a private party, and the only people in attendance have received advance invitation from that person or company. D. Any person or organization exempted under Minn. Stat. Sec. 617.295. E. Any activity regulated under Minn. Stat. Sec. 617.251 . F. Any business may display works of art showing specified anatomical areas, so long as no sexually oriented materials are for sale, and the business does not have a liquor license. G. Movies rated G, GP, GP13, or R. Note: The ctrickcn language is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section , Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Severability. Every clause and subdivision of this ordinance is declared separable from every other clause and subdivision. If any clause or subdivision is held to be invalid by competent authority, no other clause or subdivision shall be invalidated by such action or decision. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of , Minnesota, held this day of 1996. Mayor of the City of C - 8 Attest: City Clerk Approved as to form: City Attorney Published in the on the day of , 1996. C - 9 CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR MARCH, 1996 Respectfully Submitted Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 99% See Narrative Section 3. Vierling Drive,Adams St. 7/94 100% to Presidential Lane 4. Murphy's Landing Lift Stations 9/94 100% 5. Sarazin Street(Viking Steel Rd.) 4/95 95% See Narrative Section 6. Downtown Alley Reconstruction 5/95 75% See Narrative Section 7. P&V Reconstruction 7/95 95% 8. Fuller Street 8/95 80% 9. County Road 16 Utilities 8/95 90% 10. St. Francis Sewer&Water Extension 10/95 99% 11. River District Sewer Rehabilitation 10/95 100% 12. Millpond Water Quality Improvement 2/96 90% 13.Vierling Drive-C.R. 79 to C.R.77 4/96 0% Category//- Projects In Design 1. 1996 Reconstruction 2/96 See Narrative Section 2. St. Francis Streets 1/96 100% See Narrative Section and Storm Sewer Category III- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 2/96 50% See Narrative Section 3. Gorman Street 4. St. Francis Storm Sewer Outfall 3/95 11/95 100% See Narrative Section 5. 10th Ave.-from CSAH 17 to Shakopee Ave. 6. Trunk Sewer"H" Category IV- Development Projects In Review 1. Orrin Thompson(Prairie Village) Preliminary Plat 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Pinewood Estates Preliminary Plat 6. Horizon Heights 5th Final Plat 7. Westwind 1st Addition Final Plat 8. Meadows West 3rd Addition Final Plat 9. Pine Woods Addition Preliminary Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Dominion Hills 6/93 9/94 85% Wear Course Remaining 2. Stonebrooke 2nd Unknown Unknown 0% 3. Homestead Ridge 1st 5/93 9/94 100% Warranty Period 4. Homestead Ridge 2nd 9/94 10/95 100% Warranty Period 5. Minnesota Valley 8th 9/94 10/95 100% Warranty Period 6. Meadows West 1st Addition 9/94 10/95 100% Warranty Period 7. Prairie Bend 9/94 10/95 95% Restoration and Wear Course Remaining 8. Meadows West 2nd 7/95 90% 9. Orchard Park 1st 7/95 90% 10. Canterbury Pointe 11/95 20% Mainly Private Infrastructure 11. Prairie Bend 2nd Addtn. 4/96 0% Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 10% Construction Started 3. Mn/DOT Shakopee Bypass 8/95 6/97 90% Construction Started Segment 2 4. MCWS Sewer Interceptor 8/95 6/96 90% Construction Started 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined 6. C.R. 79 (C.R. 14 to C.R. 72) 2/96 11/97 In Concept Design Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street The alley paving has been done with restoration work complete. 5. Sarazin Street(Viking Steel Road) Roadway construction, sidewalks and turf restoration is essentially complete. Minor restoration areas and corrective work is yet to be done. Contract disputes of work have not been resolved. 6. Downtown Alley Reconstruction The concrete duct bank is installed for the entire project. Restoration of alleys is nearly complete. Anticipated semi-final completion by November 15, 1995 with underground system energized by November 30, 1995. The service conduits are being installed to the buildings. 7. P&V Reconstruction The project is nearly complete with corrective items remaining. 8. Fuller Street All utilities have been installed with street base paving complete. 3 9. County Road 16 Utilities Installation of sewer lines and services is nearing completion. 10. St.Francis Sewer&Water Extension Sanitary sewer and water installation is complete. 11. River District Trunk Sewer Installation of water proof castings on manholes is complete. 12. Mill Pond This project is functionally complete. Restoration of the work area will be completed in the spring. 13. Vierling Drive This project has been awarded to F.M. Frattalone of St. Paul, MN and construction is to start April 8, 1996. Category No. 2 - Projects in Design 1. 1996 Reconstruction Public hearing is scheduled for February 6, 1996. Engineering staff has begun design work on this project. Tentative date for plan approval consideration by Council is May 7, 1996. 2. St.Francis Streets and Storm Sewer The construction plans are being prepared by OSM for Sarazin Street and 17th Avenue along with the storm sewer outfall from St. Francis site to Mn/DOT linear pond. Bid opening is scheduled for April 10, 1996. A study for a Stormwater Trunk Charge will be proceeding in the next few weeks. 4 Category No. 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. Staff will be asking Council approval for additional surveying and drainage engineering services to complete the study. 3. Gorman Street Feasibility report information is being collected. 5. 10th Avenue-from CSAH 17 to Shakopee Avenue This project consists of installing a storm sewer system and street pavement overlay to extend the life of street pavements in this area. Cost of project will be from the Storm Drainage Fund and Pavement Preservation in the Street Division Budget. 6. Trunk Sewer"H" This project is for the installation of a trunk sanitary sewer from the Chaska Interceptor to the southwest. This project was petitioned by U.S. Homes. 5 4(5kr0 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne eta) DATE : April 10, 1996 RE: Litigation Update re Shakopee Police Department v. Varuska On April 10, 1996, the City and Mr. Varuska appeared in Court for a hearing on the Police Department' s request for a harassment restraining order. The Order was requested to stop Mr. Varuska from telephoning and visiting the Police Department . (If he has need of the police, he is to call 911, not the Police Department . ) After lengthy discussion, Mr. Varuska did agree to allow the restraining order to go into place. This is for your information. [10 MEMO] #1/ FISCHER AGGREGATES, INC. 6801 WEST 150TH STREET APPLE VALLEY, MN 55124 612-432-7132 April 8, 1996 Mayor and City Council City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: Fischer Aggregates, Inc. C.U.P. Dear Mayor and Council: As you know, our Conditional Use Permit requires us to inform you of our operational plans on an annual basis. The start of the mining season is approaching. We expect to begin operations shortly after the road limits are removed. As indicated in our operational plan,we expect to continue Phase I Mining in 1996. Our purpose will be to continue removing the remaining 930,000 cubic yards of material in Phase I so we can get to our base elevation of 774 feet for the central processing area. Once we achieve that elevation, we can locate the processing equipment at the spot where that equipment will remain through Phase V of our operations. It remains our plan to complete Phase I excavation over the next two to three years. That will allow us to have the central processing area established for the 1998 or 1999 mining seasons. If you have any questions concerning our 1996 mining season, please feel free to contact me. Sincerely, 9.2„t. Peter Fischer LR:mc cc: Gerald S. Duffy Mathias Fischer Liza Robson X13 NON-AGENDA INFORMATIONAL ITEM MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorn"A DATE: April 11, 1996 RE: Prosecution Services I have now learned that Scott Joint Prosecution has successfully hired a new attorney to assist them. With that accomplished, they will be able to start prosecuting for the City of Shakopee. Although their new attorney will not start until May 1, the Chief Prosecutor for Scott Joint Prosecution has indicated that they are willing to start prosecuting for Shakopee on Monday, April 29 . This is for your information. [11CCL] W W Cl) W W W W W W W W Cl) W W W W W W W W W W W W W W CA W W W 'V7 0 •A 4. 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L0'969'969'1. 90'9 30/91/60 £6/171./90 OWIHJ NOdf1OO 3fl1VA 1aveysi spas pa;aJoo ' spas duwJBO pleR AlunLeW aseyomd ANI i=1Vd 96/1.£/£ 96/1/17 9661. 96-Jdb-01. Paluud 96/1./17 sJeaA 3.•E Au meynl a6eJany S1N31N1S3ANI 1ueoied 61'9 =PIeI e6eJeA ' V1OS3NNIW`33dO)IWHS dO A113 GN3 H1NOW 4:k Memo to: Acting City Administrator, Barry Stock From: Mark McQuillan, Parks and Recreation Director Re: Parks and Recreation Review of Monthly Activities Date: April 9, 1995 NON AGENDA INFORMATION Attachment A Park Projects for 1996 by Mark McQuillan Attachment B Community Center Activity by Ron Stellmaker Attachment C 1996 Goals identified by the Parks and Recreation Advisory Board- Steve Johnson, Chair. Attachment D Minutes of the March 22, 1996 Parks and Recreation Advisory Board Meeting ATTACHMENT A NON AGENDA INFORMATION A COUNCIL MONTHLY UPDATE OF PARK PROJECTS Mark McQuillan PARK PROJECTS PROJECT START PROJECT STATUS 1. Acquire land south of By Pass March 28 10 % 2. Tahpah Park parking lot April 5 3. Tahpah Park baseball netting April 5 4. Timber Trails play equipment April 20 5. Meadows Ed. Play equipment April 15 0 6. Kilarney Hills backstop April 1 50 7. Safety fencing ballfields June 0 8. Pool: replacing of diving board April 5 9. Lions Park tree projects August 10 10. Lions Park play equipment March 10 11. Huber Park improvements 12. Rotary Kiosks Pending 0 COMMENTS 1. On April 11, staff met the School Superintendent to discuss their long range facility needs. There's a strong interest for City/School land purhase concept. 2 & 3 I will be attending the Jaycee's Board Meeting on April 18 to solicit donations for these two projects. The specs for the parking lot project in Tahpah Park were completed in 1994. 4. Staff is evaluating how much playground equipment is actually needed in Timber Trail Park. Twenty thousand dollars was set asside in the CIP this year to install playground equipment. Staff believes a$10-12,000 unit would suffice. 5. At the March 25, 1996 Parks and Recreation Advisory Board meeting,residents of the Meadows#9th Edition requested playground equipment for the park located on Sage Lane. Staff will do a site analysis of the area and then create a Master Plan for the park. The PRAB will be considering a name for the 3 acre park at its April meeting. 9. The Lions Club is exploring the possibility of replacing the existing playground equipment in Lions Park with all new equipment. The Parks and Recreation Director met for three hours with the Lions Club's Park Development Committee on Wednesday, April 10 to discuss future improvements for Lions Park. They are interested in purchasing and installing about$50,000 in playground equipment this summer. They are hoping for some small financial assistance from the City. ATTACHMENT B COUNCIL UPDATE COMMUNITY CENTER BY: RON T. STELLMAKER * The usage numbers are in for the month of March and they show a great increase over the month of February. Community Center attendance is up greatly overall. The Community Center will start seeing a decrease in attendance over the next few months once the weather starts warming up. * Aerobic and Gymnastic programs are growing rapidly. Community Center Staff is working on creating and promoting a large gymnastics program this summer. This will help promote the facility during the slower summer months. * I am currently forming fitness instructional orientations and classes. A great interest has formed in this area. Good programs in this area will really increase membership growth. * Many NEW programs are going to be implemented in the fall. Facilities such as the Community Center experience very busy times and dead times. We are approaching a slower time with summer but September/October will be one of our busiest times. MUNICIPAL POOL * Staff and I are forming classes and hiring staff for the upcoming summer. Previous programs and pool staff are being reviewed to help us provide a more productive pool facility. * The pool is currently being inspected by myself and staff for any type of repairs or additions that may be needed to make this facility more enjoyable this summer. ATTACHMENT C Memo to: Acting City Administrator, Barry Stock From: Mark McQuillan Re: 1996 Goals of the Parks and Recreation Advisory Board Date: March 26, 1996 INTRODUCTION/BACKGROUND At its March 25, 1996 meeting,the Shakopee Parks and Recreation Advisory Board discussed and prioritized its objectives for 1996. Advisory Board Work Items Priority#1 To review and consider the acquisition of parkland south of the By-Pass for a future athletic complex. Rationale: • To meet the future needs of youth and/or adult outdoor sports programs. • To buy now and develop later. • Value of land south of the By-Pass will increase dramatically as pressure to develop that area remains eminent. Priority#2 To develop a broad range of facility usage policies for the Community Center. Rationale: • Many different groups and organizations who use the Community Center do not pay additional fees under the current Facility Usage Policy. The current policy limits the Center's ability to recoup its direct and indirect costs. Priority#3 Initiate and expedite plans to install an off-road trail along County Road 79 from the northside of the By-Pass to 10th Avenue. Rationale: • Traffic and on County Road 79 has increased dramatically the past ten years. Housing is also quite apparent along both sides of the highway from 10th Ave. to the By-Pass. People are using the highway to bike,hike and jog. Safety is a major concern. • The construction of the Regional Trail (to be routed along C.R. 79) is many years off. Priority#4 Evaluate and develop a consistent Recreation Fee Schedule that can be easily administered. Rationale: • Current fee schedule lacks consistency and it's difficult to administer. • The non-resident rates for township residents are inconsistent and difficult to tract. Priority#5 Conduct a joint meeting with the Planning Commission to review long-range goals and issues related to parks, trails and open spaces. Rationale: • There has been a major turnover of members on both boards the past three years. Priority#6 Evaluate future facility and program needs for the Community Center. Rationale: • Many residents are concerned the Community Center serves a limited number of interest. We have received request for daycare facilities/programs, pool, 2nd sheet of ice,racquetball courts, senior facilities etc. OTHER PRIORITIES A. Senior programming. B. Park Tour for all Boards and Commissions. C. Review longe-range plans for Lions Park and Tahpah Park. D. Mission Statement for Parks and Recreation Department. F. 1996 Park Projects as identified in the CIP 1. Tahpah Park parking lot extension. 2. Installation of playground for either Timber Trails Park or Meadows Edition. 3. Remove the three meter diving board at the pool and replace it with something else. 4. Review the acquisition of land(west) adjacent to Tahpah park. 5. Install safety fencing in front of dugouts at various ballfields. Cc. Iry\ems Pat'K - Rtataveloewcert4. • ATTACHMENT D Official Proceedings of the Parks and Recreation Advisory Board Regular Session Shakopee,Minnesota March 25, 1996 Vice-Chair Steve Johnson called the meeting to order at 7:00 p.m. Steve Johnson welcomed the two new Advisory Board members Dean Shaner and Jeff Kaley. Advisory Board members present: Dolores Lebens, Paulette Rislund, Dean Shaner, Jeff Kaley and Steve Johnson. Absent: Ann Siefert and Judy Salchow. Staff present: Barry Stock, Ron Stellmaker and Mark McQuillan. Guest: Brett Woodson. Rislund/Lebens moved to approved the agenda as amended with item 5b, an item concerning the park in the Meadows 9th Edition, added under New Business. Motion carried. Lebens/Rislund moved to approve the February 26, 1996 Parks and Recreation advisory Board meeting minutes. Motion carried. Johnson asked Mr. Brett Woodson if he would like to speak to the Board regarding the park in Meadows 9th Edition. Mr. Woodson of 1424 Primerose Lane stated he was representing his neighborhood in the Meadows 9th Edition. He noted that about 3 acres of land (Sage Lane) was dedicated to the City for park purposes. He also stated there are a lot of kids in the neighborhood and they need a place to recreate. The neighborhood would like to know if the City has any plans to develop the park in the near future Mr. McQuillan stated the CIP indicates the park would be developed in year 2000. Mr. Woodson asked if something could be done sooner. McQuillan stated it's possible to move certain projects ahead of schedule. Mr. Johnson asked what kinds of things would the neighborhood want in the park? Mr. Woodson stated playground equipment and perhaps a hardcourt surface area to play basketball. McQuillan recommended that staff meet with the residents to discuss to discuss their ideas and then develop a plan. McQuillan stated the 1996 CIP identifies $20,000 for playground equipment in Timber Trails Park. He stated $20,000 for playground equipment for that particular that park is too much; ten thousand dollars would provide an adequate amount of equipment. McQuillan noted the other$10,000 could be allocated for the park in the Meadows. McQuillan stated he will report back in May with a recommendation after he has talked to residents of both neighborhoods. OLD BUSINESS McQuillan noted that Janette Monear of the Minnesota Tree Trust Program was unable to attend the meeting due to the inclement weather. Ms. Monear will be attending the April meeting. McQuillan reviewed the results of the Board's rankings for the 1996 Goals and Objectives. They are: 1. To review and consider the acquisition of parkland south of the BY-Pass for a future athletic complex. 2. To develop a broad range of facility usage policies for the Community Center. 3. Initiate and expedite plans to install an off-road trail along County Road 79 from the north side of the By-Pass to 10th Avenue. 4. Evaluate and develop a consistent Recreation Fee Schedule that can be easily administered. 5. Conduct a joint meeting with the Planning Commission to review long-range goals and issues related to parks, trails and open space. 6. Evaluate future facility and program needs for the Community Center. Stellmaker gave a brief update on activities at the Community center. • At its March 5, 1996 meeting,the City Council approved the Park and Recreation Advisory Board's recommendation to waive the non-resident fees for summer recreation programs at the Community Center. • Staff did a walk-through of the interior part of the building. The mechanical equipment is functioning well. There is a one year warranty on most of the equipment. • Usage of the Community Center is increasing. Ice rentals were good this winter. Next year's rentals should exceed this year's. • There have been a lot of request for more aerobics classes. • Staff will be reviewing the facility usage policy to resolve issues such as who should have free access and who should pay? NEW BUSINESS Steve Johnson was unanimously elected Chair of the Parks and Recreation Advisory Board for 1996. Judy Salchow was elected Vice-Chair. Barry Stock reported the City Council decided to create a Park and Recreation Director's position and thereby, appointing Mark McQuillan to that position. Ron Stellmaker will be the Facility Manager/Assistant Parks and Recreation Director. Stock noted he has met with both employees to create job descriptions and a pay plan suitable to Council wishes. McQuillan reported on the progress of the annual Shakopee Showcase slated for Monday, April 22, 6:30-8:30 p.m. at Canterbury Park. The Park and Rec. booth will be near the entrance. Johnson, Shaner and Lebens will staff the booth from 6:15 to 7:30 p.m. and Kaley, Seifert and Salchow will man the booth from 7:30 to 8:30 p.m. McQuillan presented his Economic Impact Study of Municipal Expenditures for Shakopee Parks and Recreation. The project was part of his Masters Thesis at the University of Minnesota. The Economic Impact Study is a quantitative analysis of expenditures for municipal recreation services and the impact those expenditures have on the local economy. Through the use of correlation charts, scattergraphs and charts, McQuillan demonstrated there is a strong relationship between expenditures for recreation services and the local economic impact. The study revealed the net impact in 1990: $1,456,711, 1991: $1,491,415, 1992: $1,475,280, 1993: $2,043,462 and 1994: $1,584,711. McQuillan noted that his study may be the first one of its kind done in Minnesota and perhaps the United States. The model was developed by G.A. Stratum Economic Research Associates Limited of Canada. The model was later refined by Dr. John FitzGibbon of the Department of Rural Planning and Development at Guelph University, Guelph, Canada. McQuillan is in the process of getting a copyright for his data/study. He will be presenting his findings at the annual Minesota Recreation and Park Association's State Conference next Fall in Duluth. STAFF AND LIAISONS REPORTS McQuillan presented a brief recreation report. The report indicates the number of participants in each activity. No community education advisory board liaison report. Lebens/Rislund moved to adjourn. Motion carried. The meeting adjourned at 8:51 p.m. - — TENTATIVE AGENDA PLANNING COMMISSION Special Session Shakopee, MN April 18, 1996 Chairperson Gayl Madigan Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Recognition by Planning Commission of Interested Citizens. 4. 7:30 P.M. Public Hearing (continued from April 4. 1996): To consider the preliminary plat for Prairie Village, located directly east of the new St. Francis Regional Medical Center. Applicant: Orrin Thompson Homes 5. 7:35 P.M. Public Hearing: To consider proposed amendments to sections 11.02, 11.36, 11.38, 11.40, 11.42, 11.44, and 11.46 to modify the Zoning Regulations for some restaurants and taverns that serve alcohol. Applicant: City of Shakopee 6. 7:40P.M. Public Hearing: To consider an amendment to the City's Comprehensive Plan to expand the City's Metropolitan Urban Service Area (MUSA) in accordance with the provision of the Shakopee/Chaska Interceptor Cost Sharing Agreement. Applicant: City of Shakopee 7. Other Business 18. Adjourn Paul Bilotta Community Development Director Note to Planning Commission Members: If you have any questions or need additional information on any of the above items,please call Julie or Shelly on the Monday or Tuesday prior to the Meeting. If you are unable to attend the meeting,please call the Conununity Development Department prior to the meeting. i:\comm de v\boas-pc\1996\apr 18 pc\agenda.pc Memo To: Barry A. Stock, Acting Ci Administrator From: Nicole Bennett,Planner IJ Meeting Date: April 16, 1996 Re: Temporary Storage of C.R. #16 Project Explosives at Fischer Aggregates,Inc.,Mining Site on C.R. #83 Non-Agenda Information The Scott County Highway Department contractor for the County Road 16 improvements project requires an open area in which to store explosives on a temporary basis. This is a standard procedure and generally the City is not involved in the process. The Scott County Sheriff's Department handles explosives permitting, and they referred the contractor to the Fischer Aggregates mining site located on County Road #83. Liza Robson, Fischer Aggregates, is agreeable to the temporary storage of explosives at their site. The County contractor will temporarily store explosives at the Fischer site for approximately a month to facilitate the County Road 16 project. The explosives to be stored temporarily at the Fischer site are for the County Road 16 project only, and no blasting is permitted or will occur at the Fischer mine. The County contractor has secured the proper Explosives Permit from the Scott County Sheriff's Office as of April 15, 1996. Please refer to the attached copy of the Explosives Permit. Temporary storage of explosives in an open area and away from road traffic is a public safety issue. Typically, the temporary storage of explosives would not be of major concern (it has been an ongoing part of the bypass construction project, for instance) but in lieu of the sensitive nature of the Fischer mine, staff wanted to notify other City Officials that this will be occurring to dispel any concerns about possible blasting at the Fischer site (which will not occur). Action Requested No action is being requested. 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DATA PRACTICES ADVISORY The Minnesota Data Practices Act requires that you be advised of the following information: As an applicant for an explosives user permit, you are being asked to provide private and/or confidential data about yourself which will be used to check criminal histories, arrest records and warrant information through the Minnesota Crime Information System and local police/sheriff files to determine your eligibility to obtain an explosives user permit. You may refuse to provide this information, however, should you refuse, the investigation cannot be completed and will result in your application not being processed. The information that you provide will be used by the Bureau of Criminal Apprehension to complete its investigation, and may be conveyed to other law enforcement agencies and treatment facilities identified through this application or investigation. I certify that I am familiar with all published State laws, rules and regulations, and local ordinances relating to explosives and blasting agents for the locations in which I intend to acquire, transport, store and use explosive materials. NOTICE TO APPLICANT 1. An explosives permit authorizes the holder to acquire and transport explosive materials within the State of Minnesota for use at the location indicated in Item 9. 2. Explosives and blasting agents must be stored in conformance with requirements set forth in 27 CFR Pt. 55, Subpt. K. It shall be unlawful for any person to store any explosive material in a manner not in conformity with these regulations. 3. Any person who has explosives or blasting agents in his possession and who incurs a loss or theft of all or a portion thereof upon discovery of such loss or theft immediately, and in no event longer than twenty-four (24) hours from the time of discovery, shall inform the office of the County Sheriff or the Local Police Department of the loss or theft, the amount of explosives missing and the approximate time of the occurrence. 4. Prior to the storage of explosives or blasting agents, the applicant shall notify the appropriate local fire official and law enforcement agency. INSTRUCTIONS Distribution of Form PS-04-039-01 Upon its approval, the first copy becomes the permit and will be returned to the applicant to be posted at the user location; the second copy will be retained by the local authority and the third copy is to be mailed by the local official to the Department of Public Safety, Bureau of Criminal Apprehension, ATTN: Explosives Permits, 1246 University Avenue, St. Paul, MN 55104-4197. r TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA APRIL 16, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS >6] Approval of the Minutes of April 2nd and April 9th, 1996 7] Communications : a] Bill Jaffe, Executive Director Scott County HRA, regarding Scott County Justice Center (Res . 4424) b] Gary Bergquist regarding Dominion Hills 8] Public Hearings : None 9] Recommendations From Boards and Commissions : >a] Preliminary Plat of Pinewood Estates, located south of 4th Ave . and west of Shenandoah Dr. - Res . 4427 >b] Final Plat of Meadows West 3rd, located between CSAH 79 and CSAH 77 and south of the upper valley drainage ditch - Res . 4426 >c] Final Plat of Westwind First, located west of Fuller St. across from the Community Center - Res . 4423 10] Reports from Staff: a] County Cooperative Agreement for Traffic Control Signal at CR-78 and CR-17 - Res . 4428 >b] Surplus Property >c] Pay Plan Step Adjustment - Officer Dellwo >d] Rose Mertz Resignation - Custodial Services e] Gorman Street Reconstruction from 4th Avenue to CR-17, Project No . 1996-3 - tabled 3/19 (Res . 4404) TENTATIVE AGENDA April 16, 1996 Page -2- 10] Reports from Staff Continued: >f] 17th Avenue and Sarazin Street, Project No. 1996-1, Award Bids (Res. 4425) g] City Administrator Search Committee Issues >h] Approve Bills in the Amount of $366, 382 . 3 11] Routine Resolutions and Ordinances : None 12] Other Business : a] Select date to meet with Shakopee Public Utilities b] c] 13] Adjourn Barry Stock Acting City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 2, 1996 Mayor Jeff Henderson called the meeting to order at 7:00 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Karen Marty, City Attorney; Barry Stock, Acting City Administrator; Paul Bilotti, Community Development Director; and Bruce Loney, Public Works Director/City Engineer. DuBois/Link moved to approve the agenda. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone in the audience who wished to address the Council on any item not on the agenda. There was no response. Zorn/Link moved to approve the Minutes of March 12, 1996. Motion carried unanimously. Shirley Olson, Murphy's Landing, approached the podium and requested permission to subcontract act with SRO Productions to operate the Holiday In Lights event at the Landing Thanksgiving through New Year's. The rental fee would be $10,000/year plus any direct costs that might be incurred. The term of the contract is five years. In the event enough snow would fall during the day SRO would be responsible for plowing. Karen Marty explained that the lease with Murphy's Landing requires written approval from the City in order to sublet the property. Link/Sweeney moved to allow Murphy's Landing to lease the property to SRO Productions to operate the Holiday In Lights event at the Landing for five years from Thanksgiving through New Year's from 5:30 P.M. to 11:30 P.M. Motion carried unanimously. The Public Hearing on amending the Cable Franchise Ordinance to continue a deferment of certain provisions for an additional two years was opened. Barry Stock reported that the cable company is willing to pay a building rental fee in the amount of $2400 per quarter, to increase studio equipment maintenance to $2500 per year, and to agree to continue the subscriber access fee and to provide insurance. The cable company has also agreed to continue the deferrals through the duration of the franchise providing a provision be added to address wired competitors. Official Proceedings of the April 2, 1996 Shakopee City Council Page -2- Bill Anderson, Chairman, Shakopee Cable Communication Commission, approached the podium and explained that fee increases come directly out of the subscribers bill. The wired competitors want to provide subscribers with telephone service, cable TV service, and data transmission service from computers. The cable companies that don't keep up with this will be out and the rights (for cities) to gain any franchise fees may be lost. The telecommunications bill that was just passed did not address how cities control their right-of-ways. He urged the Council to consider the agreement as is. Kim Roden, Paragon Cable, approached the podium and stated that she appreciates their relationship with Shakopee and would like it to continue. She expressed concern about competition, explaining that a customer will change to an alternative provider for as little as $1.00. She said that their goal is to work with the City and to make sure that they don't price themselves in such a way that their competitors become a better option. There being no one else in the audience who wished to comment and no further discussion, the public hearing was closed. Zorn/DuBois moved to direct the appropriate City officials to prepare an amendment to the Cable Franchise Ordinance incorporating a wired competitor clause and continuing the deferrals through October 26, 2002. Motion carried unanimously. Bruce Loney requested authorization for a consultant engineering service for assistance in the preparation of a stormwater trunk fee for new developments in Shakopee. He recommended WSB & Associates at a cost not-to-succeed$19,000.00. Discussion ensued relating to developments without current final approval, which developments this applies to, and MUSA lines. DuBois/Link moved to authorize the appropriate City officials to execute a consultant extension agreement with WSB & Associates., Inc. for assistance in the preparation of a storm drainage trunk charge fee 'for new developments in an amount not-to-exceed $19,000.00 Motion carried unanimously. Jon Albinson, 5240 Valley Industrial Blvd. South, approached the podium and asked the Council to see that the fee goes through some level of public scrutiny before final adoption. Sweeney/Zorn moved to terminate Julie Baumann's probationary status. Motion carried unanimously. Link/DuBois moved to terminate Nicole Bennett's probationary status. Motion carried unanimously. Official Proceedings of the April 2, 1996 Shakopee City Council Page -3- Bruce Loney approached the podium and with the use of a map described the speed limits along 4th Avenue between Marschall Road and Shenandoah Drive. He explained that because this is a County Road there are only two options available to adjust the speed limits. The City could petition the MN/Dot Transportation Commissioner to conduct a speed study, which can affect the speed limit either up or down. The other option is to declare a given area an urban district by Council resolution based on recent developments. Discussion ensued relating to the distance between Shenandoah and the KC Hall and whether the urban district could be extended to County Road 83. Karen Marty explained that the City has no control in setting speed limits on county roads, that State law allows MN/Dot to set limits and the cities to enforce them. Gary Morke, 1042 Merrifield, approached the podium and asked if the area could be declared an urban area. Karen Marty stated that her understanding is that county roads are excluded from speed limits set by state law. Zorn/Sweeney moved to direct staff to prepare the necessary resolutions to designate an urban district on 4th Avenue, from Marschall Road to Shenandoah Drive. Motion carried unanimously. Barry Stock reported that he has spoken with both Mark Mcquillan and Ron Stellmaker and they are in agreement with the job duties, responsibilities, and pay schedules as setforth (in the staff memo). Zorn/DuBois offered Resolution No. 4221, A Resolution Amending Resolution No. 4352 Adopting The 1996 Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee. (Establishing the Park and Recreation Director position), and moved its adoption. Motion carried 4-1 with Cncl. Sweeney opposed. Zorn/Link moved to appoint Mark McQuillan to the Park and Recreation Director exempt position classification at Step 2 of the 1996 pay Schedule effective April 8, 1996. Motion carried 4-1 with Cncl. Sweeney opposed. Zorn/DuBois offered Resolution No. 4422, A Resolution Adopting a Substance Abuse Prevention Program for its Drug and Alcohol Testing Policy for the City of Shakopee, Minnesota, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to remove discussion of the ADA question at the Community Center from the table. Motion carried unanimously. Official Proceedings of the April 2, 1996 Shakopee City Council Page -4- Karen Marty explained that the law does not require that everything be handicap accessible if an equivalent facility is provided. Quotes Were obtained for the cost to make the walking track accessible. The most feasible option at this time would be for a vertical platform lift at a cost of $25,000. Kevin O'Brien, Greystone Construction, approached the podium and explained that if this were done it would not be necessary to close the facility during installation, except for the walldng track for very brief intervals of time. He added that making the walking track handicapped accessible was thoroughly discussed in the planning process and that this was not an omission. He stated that at the time the architect felt that the facility met the ADA requirements. However, there is always the possibility that someone may challenge it., Discussion ensued relating to the platform lift and the elevator options and Mr. O'Brien stated that he would update the cost estimates for both options. Sweeney/Link moved to direct staff to work with Kevin O'Brien to prepare an informational memo on the options and costs that would be required to make the walking track at the community center handicapped accessible. Motion carried 4-1 with Cncl. Zorn opposed. There was a brief recess between 8:30 P.M. and 8:42 P.M. Barry Stock explained that the 1996 budget included funding for a full time Building Technician position which was not filled. He stated that in order to continue the current level of service, the Building Inspector position should be filled at this time and that the process can be expected to take 30 to 40 days. There was a brief discussion on obtaining temporary help until the position can be filled. Sweeney/Zorn moved to authorize the appropriate City officials to take the necessary steps to advertise for a building inspector position. Motion carried unanimously. Barry Stock suggested tabling discussion of the Recognition Picnic in order to create a committee of employees to look at employee incentives, customer service, as well as the City Picnic to come up with some other ideas and bring them back in 30 days. Sweeney/Zorn moved to table discussion of the Recognition Picnic for 30 days, in order to create a committee and come up with other ideas. Motion carried unanimously. Bruce Loney requested retaining the services of WSB & Associates to design an intersection for Vierling Drive which ties into existing T.H. 169 as part of the construction of the Shakopee bypass. Official Proceedings of the April 2, 1996 Shakopee City Council Page -5- Zorn/Link moved to authorize City officials to execute an extension agreement with WSB & Associates, Inc. for the design engineering services for Vierling Drive connection with T.H. 169 for a cost not-to-exceed $3,700.00. Motion carried unanimously. Link/DuBois moved to approve the bills in the amount of $117,763.49. Motion carried unanimously. A tentative budget schedule was prepared for review and consideration. There was a consensus that the upcoming work sessions on the 1997 budget would begin at 4:00 P.M. versus 5:00 P.M. Karen Marty noted that in the event a confirmatory (drug) retest is requested and the person tests clean the City will pick up the cost of the retest, as outlined in an amendment to the personnel handbook. Sweeney/Link moved to adopt Resolution No. 4420, A Resolution of the City of Shakopee, Minnesota, Amending the Personnel Handbook Provisions Relating To Drug Testing, and moved its adoption. Motion carried unanimously. There being no other business to come before the City Council, Mayor Henderson adjourned the meeting to April 9, 1996 at 5:00 P.M. The meeting was adjourned at 9:11 P.M. 04 J. 0)6 ith S. Cox ity Clerk Esther Ten Eyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 9, 1996 Mayor Henderson called the meeting to order at 7:50 P.M., following the Council Work Session, with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Barry Stock, Acting City Administrator; Judith S. Cox, City Clerk; and Paul Bilotta, Community Development Director. Cncl.Zorn noted that the current Community Profile is two years old and asked when it 1 would be updated. Mr. Stock responded that it is put out by the Minnesota Department of Trade and Economic Development and that they have been provided with current information about Shakopee. Sweeney/Zorn moved to adjourn to Tuesday, April 16, 1996 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 7:51 P.M. aX L4,914: J 0/2c Idith S. Cox ity Clerk Recording Secretary The Brimeyer Group, Inc. EXECUTIVE SEARCH CONSULTANTS 904 Mainstreet April 12, 1996 Suite 205 Hopkins, MN 55343 Mayor, City Council, Selection Committee City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Attention Judy Cox, City Clerk Dear Mayor, Councilmembers, and the Committee: This letter is in response to our meeting on April 11 and will serve as a proposal to assist the City of Shakopee in the selection of a City Administrator. Our Understanding of the Assignment The City Council has appointed a Committee to assist them in the selection of a new City Administrator. Per our discussion,the Committee has established a timetable that calls for reducing the number of candidates to ten by the end of April 1996. By May 15, the Selection Committee, through an interview process and a variety of other methods, will reduce the number of candidates to five or six. At this point,the Committee is intending to use an outside consultant to assist in checking credentials, conducting reference checks, and consider-further behavioral assessment tools. It is anticipated a list of the five finalist candidates will be sent to the City Council by the end of May 1996 with interviews to be conducted the first part of June 1996. Our Approach to Your Assignment 1. Credential Check. We believe it is important to conduct academic, criminal, and credit checks on each of the candidates. This cannot be done without the authorization of the candidate. Once that authorization is received, we would provide this service through an organization we have used in the past and we believe to be reliable and accurate. $60 per candidate 2. Reference Check. It is our practice to conduct reference checks utilizing five to seven individuals who have either worked for or with the candidate or who are knowledgeable about their work skills and experience. • Prior to conducting reference checks we would need to meet with the Selection Committee to • review the criteria they have established in reviewing candidates. We would also like to discuss with the Committee any particular issues or concerns pertinent to each of the individual candidates so that we might check this information during the reference process. (612)945-0246 • fax(612)945-0102 Our hourly rate is $140 per hour. Meet with the Selection Committee to review or determine the criteria for a new City Administrator $250 (estimate) Conduct reference checks on individual candidates and provide report to Selection Committee (Based on checking 5-7 references and approximately 4-6 hours per candidate). $500 per candidate (estimate) OPTIONAL 3. Assessment The Brimeyer Group has the authorization and the ability to administer an assessment tool entitled the "DiSC Behavioral Management System",'designed to assist individuals in understanding their style and to assess the environment in which they operate most effectively. The candidates will be provided with a questionnaire from which an extensive computer report is generated. This report is specific and covers the following areas: Internal motivation Self-management strategies Identification and management of conflict The Selection Committee will learn insights into the strengths, weaknesses, and likelihood of success for each candidate and how to best manage and effectively work with each candidate. A complete report on each candidate will be available to the Selection Committee on a confidential basis. $105 per candidate As we discussed in our meeting, The Brimeyer Group may be knowledgeable of some of the fmalist candidates. If that is the case, we will share that information with you. If additional information is required, we will provide that at our standard rate of$140 per hour. We look forward to working with the City Council and the Selection Committee on this most important assignment. Very truly yours, James Brimeyer Mayor Jeff Henderson President City of Shakopee MEMO TO: Mayor Henderson and City Council FROM: Barry A. Stock, Acting City Administrator RE: Scott County HRA Communication-Res. No. 4424 DATE: April 9, 1996 INTRODUCTION: Attached is a correspondence from Mr. Bill Jaffe, Executive Director Scott County Housing and Redevelopment Authority(HRA) requesting Council consideration to approve a resolution declaring that there is a need for the Authority to exercise it's powers within the City. BACKGROUND: The Scott County Board has requested the Scott County HRA to participate in financing the new Scott County Justice Center which is proposed to be located on the former St. Francis Hospital site. Attached is Resolution No. 4424, a resolution declaring the need for the Scott County Housing and Redevelopment Authority to exercise it's powers in the City of Shakopee. In order for the Scott County HRA to exercise it's powers within the City, Minnesota Statutes requires that the City pass a resolution declaring that there is a need for Scott County HRA assistance. Mr. Jaffe will be present at our meeting on April 16th to answer any questions regarding the HRA's request. Approval of the resolution will not impose any financial obligation on the City as a result of any subsequent bond sales or agreement by and between the Scott County HRA and Scott County. ALTERNATIVES: 1. Offer Resolution No. 4424, a Resolution Declaring the Need for the Scott County Housing and Redevelopment Authority to exercise it's powers in the City of Shakopee and move its adoption. 2. Do not approve Resolution No. 4424. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Offer Resolution No. 4424, a Resolution Declaring the Need for the Scott County Housing and Redevelopment Authority to exercise it's powers in the City of Shakopee and move its adoption. SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 16049 Franklin Trail S.E.#104 Prior Lake,Minnesota 55372 (612)447-8875 Fax(612)447-8865 AEI de 10•114st III) William I.Jaffa April 3, 1996 Executive Director Barry Stock, Acting City Administrator CITY OF SHAKOPEE City Hall - 129 East First Avenue Shakopee, MN 55379 RE: Scott County Justice Center Honorable Mayor Henderson and Members of the City Council: Scott County has requested that the Scott County Housing and Redevelopment Authority participate in the financing of a new Scott County Justice Center, proposed to be located in the City of Shakopee on the site of the former St. Francis Hospital. It is proposed that the County acquire the site, lease it to the Authority pursuant to a ground lease, and that the Authority sublease it back pursuant to a lease-purchase agreement. The Authority would issue its revenue bonds backed by a pledge of revenues from the sublease and use the proceeds to construct the facility. Minnesota Statutes prevents the Authority from undertaking projects within the City unless the governing body of the City has adopted a resolution declaring that there is a need for the Authority to exercise its powers within the City. The Authority requests that the City adopt the attached resolution declaring such a need. In closing and on behalf of the Authority, I thank you for your attention in this matter. Sincerely, l'441am I. Jaffa Executive Director WIJ:ejm ENCLOSURE - Sample Resolution cc: SC-HRA Board of Commissioners Gary Cunningham, County Administrator cf:JUSTCNTR.SHK Maynard Harms,District I Marietta Sharkey,District II Marjorie Henderson,District Ill Mary Beth Onkka,District IV Sylvester Wacker,District V An Equal Cpportumity/Affrmative Action Employer RESOLUTION NO. 4424 A RESOLUTION DECLARING THE NEED FOR THE SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO EXERCISE ITS POWERS IN THE CITY OF SHAKOPEE WHEREAS, the Scott County Housing and Redevelopment Authority(the"Authority") is cooperating with Scott County(the"County")in the financing of a Scott County Justice Center (the"Justice Center")to be located within the City of Shakopee (the"City"); and WHEREAS, Minnesota Statutes, Section 469.005 provides that the Authority may not undertake projects within the City unless a resolution has been adopted by the governing body of the City declaring that there is a need for the Authority to exercise its powers within the City; and WHEREAS, it is in the best interest of the City that the Authority from time to tome undertake projects within the City, including the financing of the Justice Center; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that there is hereby declared to be a need for the Authority to exercise its powers within the City in connection with the financing and development of the Justice Center. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney ) 6 Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I 40-)Meeting Date: April 16, 1996 Re: Amendment to Dominion Hills Resolution No. 4272 Introduction (Plat History) On May 19, 1992, the City Council adopted Resolution No. 3591, Approving the Final Plat of Dominion Hills. On August 15, 1995, the City Council amended Resolution No. 3591 by adopting Resolution No. 4272 (Please see Exhibit A). This amendment fine tuned some language in the original resolution in order to assist in the development of street connections between Dominion Hills and Chateau Ridge ( a development to the south of Dominion Hills). The Preliminary Plat for Dominion Hills was approved in March of 1992. As previously, stated the Final Plat was approved for Dominion Hills in May of 1992. However, the Final Plat for Dominion Hills was not recorded until 1994. The plat was not filed because the financial guarantee for infrastructure improvements and a signed developers agreement had not been provided. In 1994, the Bergquists deeded a lot to a buyer prior to the recording of the Final Plat (Please find attached Exhibit B, which discusses this transaction). Such a transaction is a violation of Minnesota State Law and Section 12.17, Subd. 1 of the Shakopee City Code which states that "it is unlawful to sell, trade or otherwise convey any lot as a part of, or in conformity with any plan, plat or replat or any subdivision or portion of the City unless said plan, plat or replat shall have first been recorded in the office of the County Recorder/Registrar of Titles of the County". Discussion In Resolution No. 4272, Condition 2.G states that "no building permits shall be issued for the outlots until they have been replatted". Mr. and Mrs. Gary Bergquist, partial property owners within the Dominion Hills subdivision, questioned staff of any possible options to allow the construction of homes prior to the completion of the Final Plat process. Such a request is not within staffs authority, therefore staff suggested that this request be made to the City Council. The Bergquists have submitted a letter requesting that the City Council amend Resolution No. 4272, to allow the issuance of 2 building permits for Outlot C, Dominion Hills (Please see Exhibit C). The Bergquists are making this request in order to accommodate the sale of a portion of Outlot C. As mentioned in the Bergquist letter, there is a dispute with this subdivision regarding the responsibility for constructing or providing financial security for required public improvements, that has delayed the submittal of a Final Plat. The Final Plat process is in place for several reasons. These reasons include the following • to assure that land is subdivided in accordance with city standards and regulations. • to ensure that new property owners within the subdivision and the developer pay for the cost of infrastructure improvements to the property, rather than leaving that cost to the existing taxpayers within the city. If the City Council decides to grant this extraordinary request, staff is recommending to not allow the issuance of a Certificate of Occupancy until such time as the infrastructure is in place to allow for the provision of fire, police, medical, and other safety services, and the Final Plat is recorded. Some of the risks that may be placed on the City by taking the requested approach include: • Builder/homeowner may expend money to construct a home that can never be occupied; • The City may end up having to construct the necessary infrastructure improvements at a cost to all of the city's residents, if the developer does not perform; • Piecemeal development process creates the possibility that the development will not be fully developed and some portions of the infrastructure may remain unbuilt unless constructed by the city. Action Requested Provide direction to staff regarding the request of Mr. and Mrs. Bergquist. i:\commdev\c61996\cc0416\domhills.doc • RESOLUTION NO. 4272 • EXHIBIT A A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AMENDMENT NO. 2 TO THE FINAL PLAT FOR DOMINION HILLS 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Dominion Hills on May 7, 1992, and recommended its approval; and WHEREAS, the City Council of the City of Shakopee adopted Resolution No. 3591, a Resolution Approving the Final of Dominion Hills, on May 19, 1992; and WHEREAS, the Planning Commission of the City of Shakopee did review an amendment to the Final Plat for Dominion Hills on Jul-y--8,..a1.99i, to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street, and recommended its approval; and WHEREAS, the City Council of the City of Shakopee adopted Resolution No. 3832, a Resolution Amending Resolution No. 3591, A Resolution Approving the Final of Dominion Hills, on July 20, 1993; and WHEREAS, the developers for Chateau Ridge and Dominion Hills have entered into a private agreement to get street connections made between the two developments, and in order to implement this agreement, they are requesting an amendment to Condition No. 2.d of the resolution approving the Final Plat for Dominion Hills 1st Addition to delete the words, "with Phase II", and an amendment to Condition No. 4 of the resolution to add the words "or the south". NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Amendment to the Final Plat for Dominion Hills 1st Addition is hereby approved, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a) Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b) Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c) Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d) Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Promise Avenue, from Hillside Drive to Dominion Avenue, shall be graded, graveled and paved with a temporary cul-de-sac within the Dominion Avenue intersection Dominion Avenue, from Marschall Road to the Promise Avenue inters2'!'fion, shall be graded and graveled. Tr, barriers, as approved by the City Engineer, shall be provided to keep public traffic off the graveled Dominion Avenue until it is paved. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. f) Cash payment in lieu of park dedication shall be required. g) No building permits shall be issued for the outlots until they have been replatted. 3. A variance to the Subdivision Regulations is granted to allow Promise Avenue to be constructed as a temporary over-length cul-de-sac street until Phase 2 is final platted. 4. A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (130 feet and 1340 feet) is granted to allow the dedication of right-of-way of the proposed cul-de-sac streets to the east property line. The applicant shall not construct these cul-de- sacs in excess of 1,000 feet until the land to the east or the south of the plat is developed and street connections can be made between the two developments. -The non-exclusive easement for ingress'and egress that currently exists along the southerly portion of the plat must be vacated prior to the recording of the final plat. 6. The following language shall be added to the signature block for the plat: "and pursuant to M.S.A. 505.03, Subd. 2, we are in conformance". 7. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 8. The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. 9. Drainage within the road right-of-way must remain within the right-of-way in areas adjacent to Outlots A, B, C, and D. 10. The developer shall provide a temporary easement for the cul-de-sac. The easement agreement shall be provided to the City at the time of the recording of the final plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute said Plat and Developer's Agreement, and Amendments thereto. Passed in ca, session of the City Council of the City of Shakopee, Minnesota, held this otity of , 1995. G Mayor o t ' t o hakopee Attest: 411/ City Clerk ••roved as to form: j� 4Cit ,' Y Attorne Y EXHIBIT B MEMORANDUM TO: Lindberg Ekola, City Planner FROM: Karen Marty, City Attorney DATE: September 28, 1994 RE: Dominion Hills I was provided with the abstract for the property being platted as Dominion Hills . A review of it shows that what will become Lot 2, Block 2 has been deeded to a new party. This results in three large problems. 1. We now have a new property owner and mortgagee. The land was deeded to Golden Home Builders, Inc. , who then mortgaged it to Builders Mortgage Corporation. These parties will have to be added to the signature page of the plat . 2 . The legal description to these parties gives the street radius as 252 . 00 . The plat drawing shows it as 222 . 00 . The correct number should be identified, and the incorrect document revised. 3 . Conveyance of this land violated Minn. Stat . Sec. 462 .358, Subd. 4b, which provides that "no conveyance of land . . . shall be filed or recorded, if the land is described in the conveyance by metes and bounds . . . " Likewise, it violated City Code Sec. 12 . 16, Subd. 3, which provides as follows: "No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell such parcel before a plat of said subdivision . . . has been filed with the County Recorder/Registrar of Titles of Scott County, Minnesota. " A violation of this section is a petty misdemeanor. Subd. 4 of that Section prohibits issuance of a building permit for this lot . "No building permit shall be issued for the construction or repair of any building or structure located on a lot or plat subdivided or sold in violation of the regulations of this Chapter unless waived by resolution of the Council . " In addition to these problems, there is the problem of the age of the signatures on the plat . The property owners signed the plat in 1992 . One of them has since died. Entirely new signatures should be obtained at this late date, and a corrected signature block prepared for the estate of the decedent . If you have questions about this, please let me know. KEM:bjm Signed ,2g [28MEMO2] Karen arty, City Attorney cc: Judy Cox EXHIBIT C April 9, 1996 RE: DOMINION HILLS Dear Mayor and Council Members: Gary and Dianna Bergquist are requesting an exception to one of the conditions of Dominion Hills 1st Addition plat. That condition is: no building permits on outlots. Our request is for two (2) building permits. The reason for our request is that Dave Brown and ourselves entered into a joint plat application for the remainder of the outlots for Dominion Hills.We applied back in January 1996,but the application plat came back with a condition that Dave Brown could not agree with.The condition is that Peace Avenue be extended,or money be escrowed for said road. This is why we are asking the City Council for an exception for two (2) building permits. We don't think the problem with Dave Brown should keep slowing down our forward movement on our final platting.We have already sold two (2)lots,and one couple has sold their home and needs to start construction in May.We never thought that the Dave Brown problem would take so long. We have requested from Dave Brown and his attorney that they be released from the plat. If they can not come to agreement with the city staff,we want to break away our plat from Dave Brown.To separate our plat from Dave Brown's,we have learned that we must start the entire platting procedure all over again. This is fine,providing we don't lose our buyers. We feel this would not be fair to ourselves or the new home buyers. Once again, a solution to this problem is to allow two (2)building permits for outlot C in the Dominion Hills 1st Addition. Thank you for listening to our request.We will make ourselves available to you by phone and/or in person. Resp tfully, 96' Gary and Dianna Bergquist �2f1 4080 Grainwood Circle N.E. Prior Lake, MN 55372 440-4673 G/DB:ak f I APR 16 '96 15:40 LRASE, a MONROE P.2 KRASS MONROE KRASS MONROE SCIIMIDT MOXNESS & GIBSON. P.A r Phillip R.Krays • ATTOkNE1:: AT LAW • Certified Civil Trial Specialist and Admitted in W iscvntin April 16, 1996 VIA FACSIMILE - 445-6718 Julie Baumann City Planner City of Shakopee 129 S. Holmes St. Shakopee, MN 55379-1351 Re: Dominion Hills 2nd Addition - David Brown Our File No. 9143-2 Dear Ms. Baumann: Thank you for taking the time to speak with me on Monday about this issue and responding to my letter of March 28, 1996. I understand this matter is before the City Council at its regular meeting on the 16th and wanted to have an opportunity to respond in writing before that meeting. The City Council in approving the preliminary plat and adopting the resolution for that preliminary plat,and in signing the initial development contract made it crystal clear they did not wish to have the road built all the way through to the East end of this plat. Dave Brown was advised that the City felt it unlikely the property to the East would develop and did not want this extra road constructed. Mr. Brown took that direction to mean neither constructed nor paid for, and it was on that basis that he agreed to proceed and be part of this plat. Initially the City staff wished to require the construction of the road and upon our inquiry has now taken the position that we must provide a letter of credit or cash deposit for the completion of that road. The Council's previous determination that this road will probably never be built within any reasonable time frame was, and is we believe, accurate. Consequently, we are asking that if the City is agreeable to approving this subdivision, it do so without a requirement to either construct or provide financial security for the construction of those roads. We appreciate your consideration of that approach. We trust this matter will be resolved before the final plat is approved or other action is taken which might adversely impact on Mr. Brown's interest. If you would convey a copy of this letter SUITE 1100 SVUinrAiNT OPFICE CENTER •1650 WEST 82ND STREET •RIOOMINGTDN, MINNY.SOIA 55431 1447 TELEPHONE 612/885.5899 •FAcs1MuLE 612/885.5969 APR 16 '96 15:41 KRASS & MONROE P.3 Julie Baumann April 16, 1996 Page -2- to the Council, I would be most appreciative since I am committed to a Council meeting in Shorewood and may not be done in time to attend the Shakopee meeting. Thank you. Very truly yours, /, 'CRASS M ' e E S 'M1DT ,,. nr.A .._ / P ip R. .:.ass Attorney at Law PRKJjms cc: Dave Brown BABROWN.DI2K'oawAMANN2.PRK jd- ATTIakTh 7420 W.LAKE ST. • MINNEAPOLIS.MINNESOTA 55426 • (612)933-7730 • FAX(812)933-7683 April 11, 1996 City of Shakopee ATTN: City Council 129 South Holmes Shakopee, MN 55379 RE: Donut Connection- 1037 East 1st Avenue-Duplicate Sign Permits To Whom It May Concern: 1 am writing this letter requesting refund of the sign permit that we obtained for Donut Connection. When we received the contract for the job,we called the city and asked if the Donut Connection had obtained a sign permit for the above location, and we were told that they had not obtained a sign permit. Therefore it is our responsibility of the Contractor to obtain the sign permit. I submitted the application, drawing and a check for$90.00 to obtain the permit. The permit was approved on January 23, 1996 by Nicole Bennett and we received in our office on January 29, 1996. The reason we are requesting a refund is that the building owner-Donut Connection had already obtained a sign permit in November 1995 for the same work as we did in January 1996. When we called the City they said no permit had been obtained therefore we also filed, now we have the situation where we have 2 permits for the same sign job and would like a refund. The owner of Donut Connection only paid $63.50 for his permit in November and we paid $90.00 for our permit in January 1996. it is the responsibility of the Contractor to obtain the permits, as we would be the ones who would be fined if we did the work without a permit and we filed again, as we took the word of the City in order to comply with rules. If you have any questions, please don't hesitate to call me. Sincerely, £kiYuTuAYbAti Tammy Ekre Office Manager _ 1 , aI Candy Kragthorpe 1017 Legion Street Shakopee, MN 55379 Jeff Henderson 519 West Fifth Avenue Shakopee, MN 55379 April 13, 1996 Dear Jeff: Congratulations to you and your colleagues on your election to the City Council. I read, with disappointment, your recent discussion regarding accessibility to the community center track in the Shakopee Valley News. It was disappointing to me as I had, unknowingly, defended the track's accessibility to my father not long ago. I am now appalled to learn that a public building could have been constructed in this day and age without regard to accessibility. My father, along with many others, has limited use of his legs. He continues to walk daily for health but, due to arthritis and knee replacement, he cannot easily navigate a flight of stairs. Upon completion of the center, he and my mother, who are regular mall walkers, looked forward to using the new community resource. He informed me that the track was not accessible. As a Social Worker with PACER Center, a statewide disability organization, I am very aware of the Americans with Disabilities Act, and I assured him that it (inaccessibility) was not so. I also shared with him that I had reminded city planners of this responsibility in my written response to the second community survey that preceded the center construction. However, I never dreamed this oversight could have gotten past both the architect AND city planners. City projects, such as the center, are often not popular with citizens with low or limited incomes but this project held some hope for wider approval due to its benefit to all citizens. If the cost for accessibility was prohibitive, the project should have been delayed until the city could afford to construct it properly in line with those rights ensured by federal law. Do not further discriminate and disregard our citizens by delaying the necessary improvements to this public structure. New council members have an opportunity to right a grave wrong that you unfortunately inherited from the previous council and city staff. I look forward to hearing your response to this serious issue. I can be reached by phone at home evenings, 445-5217, or at work days, 827-2966, extension 236. Thank you for your time and attention to this important matter. Sincerely, Candy t hE p cc: Jane DuBois 94.1 Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I , Date: April 16, 1996 Re: Preliminary Plat for Pinewood Estates Introduction Dale Dahlke of Barrington Corporation has submitted an application for approval of the Preliminary Plat for Pinewood Estates. The proposed subdivision is located south and adjacent to 4th Avenue and west and adjacent to Shenandoah Drive. The proposed plat is approximately 35 acres in size and includes areas for single family residential development, twin home development, and townhome development. The Planned Unit Development (PUD) Overlay Zone for this area was approved by the City Council on March 19, 1996. Discussion At its April 4, 1996, meeting, the Planning Commission directed staff to work with the developer to reduce the number of street names within this proposed preliminary plat. Staff has had the opportunity to discuss this issue with the developer. The resulting changes include the deletion of Pine Street and Aspen Avenue. The revised street names will include Spruce Street, from 4th Avenue to Pinewood Drive and Ash Street, from Spruce Street to Pinewood Drive. A condition of approval has been added to require that these revisions be completed prior to the recording of the Final Plat. Along with the reduction of street names, the number of street signs has been reduced. Staff has revised the condition regarding street signage to reflect this revision. A copy of the April 4, 1996, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Preliminary Plat for Pinewood Estates, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Pinewood Estates. 3. Deny the Preliminary Plat for Pinewood Estates. 4. Table the decision for further information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended approval of the Preliminary Plat for Pinewood Estates, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4427, A Resolution Approving the Preliminary Plat for Pinewood Estates, and move its adoption. i:\commdev\ccV1996\cc0416\pppnwdes.doc RESOLUTION NO. 4427 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR PINEWOOD ESTATES WHEREAS, Dale Dahlke is the owner of said property; and WHEREAS, the property upon which the request is being made is legally described on Attachment 1; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Pinewood Estates on April 4, 1996, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Pinewood Estates, described on Attachment 1, attached hereto and incorporated herein, is hereby approved subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement for construction of required public improvements: 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (7 x $260 = $1820.00). 6. The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$501.00 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. 7. The developer agrees to waive the right to protest assessments for costs to construct streets, utilities, and drainage crossings to serve this development. C. A waiver of hearing for assessment appeal needs to be executed for Eastway Avenue prior to Final Plat approval. D. The Final Plat shall include the revisions for street name changes, including the following: Spruce Street shall extend southerly from 4th Avenue to Pinewood Drive, and Ash Street shall extend easterly from Spruce Street and southerly to Pinewood Drive. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of . 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ATTACHMENT 1 That part of the Northeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying westerly of Prahmcoll First Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. That part of the North 2 rods of the Southeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying westerly of Prahmcoll First Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. The East 2 rods of the West Half of the Southwest Quarter of the Section 5, Township 115, Range 22, EXCEPTING therefrom that part lying southerly of the North 2 rods of the East 2 rods of the Southwest Quarter of the Southwest Quarter of Section 5, Township 115, Range 22. Out A, Prahmcoll First Addition, according to the Plat thereof on file or of record in the office of the County Recorder, in and for Scott County, Minnesota. Memo To: Shakopee Planning Commission From: Julie Baumann,Planner IA Meeting Date: April 4, 1996 '1`� Re: Preliminary Plat for Pinewood Estates Site Information: Applicant: Barrington Corporation Location: Adjacent and south of 4th Avenue and adjacent and west of Shenandoah Drive Current Zoning: _ Urban Residential(R-IB) (See Exhibit A.) Adjacent Zoning: North: Highway Business/Light Industrial (B1 &Il) South: Urban Residential (R-1B) East: Major Recreation (MR) West: Urban Residential/Agricultural Preservation (R-1B&AG) Comp.Plan: 1980: Commercial/Multi-Family Residential Draft 1995: Single Family Residential Area: 35.51Acres MUSA: • The site is within the MUSA and can be served by all municipal utilities Introduction: The applicant is requesting Preliminary. Plat approval for a development consisting of single family residential lots,twin home lots, and townhome lots. The proposed development is located south of 4th Avenue and west of Shenandoah Drive (Exhibit A). Exhibit B illustrates the proposed Preliminary Plat. The Planned Unit Development Overlay Zone for this development was approved by the City Council on March 19, 1996. Considerations: I. The property is currently vacant. Adjacent land uses include residential development to the west, vacant land to the north and south, and the Shakopee Ballroom and Canterbury Park to the east. 2. Pending Assessments exist for the County Road 16 project and there is an assessment for Shenandoah Drive that is deferred until such time as a building permit is issued. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, stag is recommending that a park dedication fee be collected in lieu of park land. The developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permits. 4. The City Engineer has provided the following comments: a) The drainage report must show 100 year High Water Level elevations for ponds. b) The grading plan should be revised to show drainage patterns, 100 year High Water Level elevations on ponds, and to provide a better approach profile for Pinewood Drive by 4th Avenue. c) Easements per city ordinance for proposed improvements and 100 year flood elevations of ponds need to be shown. d) Soils map of soil borings need to be submitted: e) Grading and Drainage Plan needs to show drainage patterns especially in rear lot drainage. fl A waiver of hearing for assessment appeal needs to be executed for Eastway Avenue prior to Final Plat approval. g) The developer must comply with the Wetlands Regulation Act of 1991. Alternatives: 1. Recommend to the City Council the approval of the Preliminary Plat for Pinewood Estates, subject to conditions. 2. Revise the conditions recommended by staff and recommend approval of the Preliminary Plat for Pinewood Estates, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Pinewood Estates. 4. Continue the public hearing to allow time for the applicant to submit additional information. Staff Recommendation: Staff recommends the approval of the Preliminary Plat for Pinewood Estates (Alternative No. 1), subject to the following conditions: 1. The applicant shall submit the following information prior to approval by the City Council: a) The drainage report must show 100 year High Water Level elevations for ponds. b) The grading plan should be revised to show drainage patterns, 100 year High Water Level elevations on ponds, and to provide a better approach profile for Pinewood Drive by 4th Avenue. c) Easements per city ordinance for proposed improvements and 100 year flood elevations of ponds need to be shown. d) Soils map of soil borings need to be submitted. e) Grading and Drainage Plan needs to show drainage patterns especially in rear lot drainage. fl Shall comply with the Wetlands Regulation Act of 1991. 2. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (9 x $260= $2340.00). vi) 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. vii) The developer agrees to waive the right to protest assessments for costs to construct streets, utilities, and drainage crossings to serve this development. c) A waiver of hearing for assessment appeal needs to be executed for Eastway Avenue prior to Final Plat approval. Action Requested: Offer a motion to recommend to the City Council the approval of the Preliminary Plat for Pinewood Estates, subject to conditions, and move its approval. i:lcommdevlboaa pc119961aprO4pc1pppinestdoc EXHIBIT ,, 1 fiSs-cam \ET , ,._-_,.---,--.-1 c,:v.03 ._ 1 L t i y� I " s 12 C C I1 SUBJECT SITE • i Y 4Th - C &Vt. `. 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R1 MMT MU.0 CA) Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I Meeting Date: April 16, 1996 Re: Final Plat of Meadows West 3rd Addition Introduction Gold Nugget Development, Inc. is requesting approval of the Final Plat for Meadows West 3rd Addition. The subject site is located between County Road 77 and County Road 79, and is south of the Upper Valley Drainageway. Discussion At its April 4, 1996, meeting the Planning Commission recommended that the street name of Yarrow Lane be changed. Staff has worked with the developer on this issue, and the developer has agreed to change the name of Yarrow Lane to Hickory Lane. A condition of approval has been added requiring that this revision be made to the Final Plat prior to recording. A copy of the April 4, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Meadows West 3rd Addition to the City Council. Alternatives 1. Approve the Final Plat of Meadows West 3rd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Meadows West 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Meadows West 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Meadows West 3rd Addition, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4426, A Resolution Approving the Final Plat of Meadows West 3rd Addition, and move its approval. i:\commdev\c61996\cc0416\fpmdwt3.doc RESOLUTION NO. 4426 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR MEADOWS WEST 3RD ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Meadows West 3rd Addition on April 4, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Meadows West 3rd Addition, described as: Outlot A, Meadows West 1st Addition, City of Shakopee, County of Scott, State of Minnesota; and Outlot A, Meadows West 2nd Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) The Final Plat shall be revised to reflect the street name change of Yarrow Lane to Hickory Lane. b) Approval of title by the City Attorney. c) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (4 x $260 = $1040.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required at a rate of $556.97 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. viii) VIP connection fees must be paid prior to the recording of the Final Plat. ix) Installation of a 5 foot wide sidewalk along the east boundary of the plat (Lots 1 and 2, Block 3) shall be required. It is the city's desire to delay actual construction of the sidewalk until such time as the reconstruction of CR 79 has occurred. x) The construction of an 8 foot wide trail within the access easement between Lots 9 and 10, Block 3. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. d) Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. e) The developer shall provide a recordable agreement which dedicates the 16 foot wide pedestrian access easement between Lots 9 and 10, Block 3. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney q , CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann,Planner I i li Meeting Date: April 4, 1996 1, Re: Final Plat of Meadows West 3rd Addition Site Information: Applicant: Gold Nugget Development,Inc. Location: Between CSAH 79 and CSAH 77, and south of the Upper Valley Drainage Ditch Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Urban Residential(R-1B) South: Urban Residential(R-1B) East: Urban Residential(R-1B) West: Urban Residential(R-1B) Comp.Plan: 1980: Single Family Residential Draft 1995: Single Family Residential Area: 21.68 Acres MUSA: The site is within the MUSA and can be served by municipal utilities Introduction Gold Nugget Development, Inc. is requesting approval of the Final Plat for Meadows West 3rd Addition. The subject site is located between County Road 77 and County Road 79, and is south of the Upper Valley Drainage ditch(See Exhibit A). Considerations The Preliminary Plat for The Meadows West was approved by the City Council on October 4, 1994. This phase of the development is composed of 21.68 acres of land and proposes 54 single family residential lots for a gross density of 2.49 lots per acre(Please see Exhibit B). The final plat, as submitted, is in substantial conformance with the approved preliminary plat. Both parcels have an existing assessment for the VIP Interceptor. Pending assessments also exist for the Viet-ling Drive and Fuller Street projects. Both parcels have a VIP connection fee which is due before the final plat is recorded. VIP connection fees total $11,943.89. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. The site was appraised by Paul Smith & Associates in the fall of 1994 at $970,000. Using this appraisal value in the park land dedication calculation, the park dedication requirement would be$556.97 per residential lot. The park dedication requirements may be deferred to the time of the issuance of building permits. Street signs will be constructed and installed by the City of Shakopee, at a cost to the developer. Four street signs will be required at a cost of$260 per sign,for at a total cost of$1040.00 The City Engineer has commented that the Final Construction Plans and Specifications have been approved. Scott County Highway Department has commented that all access should be onto local streets, as proposed. Alternatives 1. Recommend to the City Council approval of the Final Plat of Meadows West 3rd Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Meadows West 3rd Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (4 x $260= $1040.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required at a rate of$556.97 per residential lot. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. viii) VIP connection fees must be paid prior to the recording of the Final Plat. ix) Installation of a 5 foot wide sidewalk along the east boundary of the plat (Lots 1 and 2, Block 3) shall be required. It is the city's desire to delay actual construction of the sidewalk until such time as the reconstruction of CR 79 has occurred. x) The construction of an 8 foot wide trail within the access easement between Lots 9 and 10, Block 3. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. c) Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. d) The developer shall provide a recordable agreement which dedicates the 16 foot wide pedestrian access easement between Lots 9 and 10, Block 3. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Meadows West 3rd Addition, subject to conditions and move its approval. i:kommdev\boaa-pc\1996\aprO4pc\fpmwest3.doc �__ I EXHIBIT A .�N X1117 \ ;1''111' 11111 �,� titilt tint is------ Mom ....__ 1- ligt1 Al gin 11111 111;_ um t1i11 ,, tttt� 1 Ilal�l 51111 Dr Tau Ecti 1`+ �s .�1 f fig! Iiiifd=. 111 1111111 � AO. d1�d 1 9 Italie 11t1p �� u 111�EtO 1�,zt1 t X111 ..11111 1111 1111 �, 1t ® i �Ir .-i'S spcmEN Es �7'r'rl-a rte: . MO wVal •0 �Cgrimr �1 � Iag mo • 1•••• 111311. 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I ��� X ` 11 1 � LS Ift�• Ig.1 i i • IP .i,,-; \ 1 i 1 illlails 1 % ‘4 (;) • 4 ' • \ i 4 •ei I I 1 x filA ,,,, e „1". ,,,,. . g= X zpi'zi W 2 8 1 � i 17 a sill g 111118 '�` c,, •rye t)tt1 /�• Y C\ \ 1 i S c .ik 04,\ ill 1 1 A i Z ll i a li 1 11 ilii `� (�,t{�` /% �•\ .— b \\ \ ,, 1.'y • (J`_ /14? \\; \ i Cit6 Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I 'sli Meeting Date: April 16, 1996 Re: Amended Resolution No. 4426 Introduction Please find on the table a revised version of Resolution No. 4426. This resolution has been revised to include language in Condition No. 1.C.ix. Discussion The revised language states that in the event that the Scott Hennepin Trail is located along County Road 79, the sidewalk construction will not be required along County Road 79. The developer has requested that this language be added, similar to the language provided in the developers agreements and resolutions approving the Final Plats for Meadows West 1st and 2nd Additions. Alternatives 1. Approve the Final Plat of Meadows West 3rd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Meadows West 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Meadows West 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Action Requested Offer Resolution No. 4426, A Resolution Approving the Final Plat of Meadows West 3rd Addition, and move its approval. i:\commdev\cc\1996\cc0416Vpmdwt3t.doc EVISEb RESOLUTION NO. 4426 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR MEADOWS WEST 3RD ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Meadows West 3rd Addition on April 4, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Meadows West 3rd Addition, described as: Outlot A, Meadows West 1st Addition, City of Shakopee, County of Scott, State of Minnesota; and Outlot A, Meadows West 2nd Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) The Final Plat shall be revised to reflect the street name change of Yarrow Lane to Hickory Lane. b) Approval of title by the City Attorney. c) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $260 per sign pole (4 x $260 = $1040.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required at a rate of $556.97 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. viii) VIP connection fees must be paid prior to the recording of the Final Plat. ix) Installation of a 5 foot wide sidewalk along the east boundary of the plat (Lots 1 and 2, Block 3) shall be required. It is the city's desire to delay actual construction of the sidewalk until such time as the reconstruction of CR 79 has occurred. If it is determined that the Scott Hennepin Trail is to be located on the west side of County Road 79, the sidewalk required in this area will not be necessary. x) The construction of an 8 foot wide trail within the access easement between Lots 9 and 10, Block 3. The developer shall landscape the remaining easement on each side of the path to provide screening for the adjacent homeowners. d) Access rights shall be limited by dedicating to the City the access rights to Vierling Drive in the dedication statement for the Final Plat. Access rights to the adjacent county roads shall be limited by dedicating to the County the access rights to both CR 77 and CR 79 in the dedication statement for the Final Plat. These access limitations shall also be shown on the Final Plat drawings. e) The developer shall provide a recordable agreement which dedicates the 16 foot wide pedestrian access easement between Lots 9 and 10, Block 3. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner IA,�1� Meeting Date: April 16, 1996 ►;, Re: Final Plat of Westwind 1st Addition Discussion Jim and Jeff Monnens of J & J Developing are requesting approval of the Final Plat for Westwind 1st Addition. The subject site is located west of Fuller Street and across from the Shakopee Civic Center. A copy of the April 4, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Westwind 1st Addition to the City Council. The Planning Commission memo references the possibility of hiring an appraiser to perform an appraisal of the property. This appraisal would then be used to determine a value for calculating park dedication fees. When working with the developer, it was brought to the attention of staff that the developer had an appraisal of the property done on March 13, 1996. Using the calculations from that appraisal, park dedication fees have been determined to be $584.00 per residential lot. The park dedication payments shall be deferred to the time of the issuance of the Building Permit. The City Engineer has commented that the developer has installed storm sewer prior to the approval of the storm sewer plans. This installation has not been inspected. Therefore, this installation was done at the developers own risk. Alternatives 1. Approve the Final Plat of Westwind 1st Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Westwind 1st Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Westwind 1st Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Westwind 1st Addition, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4423, A Resolution Approving the Final Plat of Westwind 1st Addition, and move its approval. i:\commdev\cc\1996\cc0416\fpvwvind.doc RESOLUTION NO. 4423 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR WESTWIND 1ST ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Westwind 1st Addition on April 4, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Westwind 1st Addition, described as: The North Half of the Northeast Quarter of the Southwest Quarter of Section 12, Township 115, Range 23, County of Scott, State of Minnesota; Excepting There Form the Fee Title taking by Minnesota Department of Transportation Right of Way Plat No. 70-2 as on file and of record in the Office of the County Recorder. is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (4 x $260 = $1040.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$584.00 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. The Park Dedication Requirement for the existing structures (Lots 1 and 12, Block 1) shall be paid at the time of the recording of the Final Plat. vii) The developer agrees to waive the right to protest assessments for costs to construct streets, utilities, and drainage crossings to serve this development. viii) The City Engineer will reapportion the existing special assessments for the VIP Interceptor against the lots and the developer shall waive the right to appeal the reapportionment. ix) VIP connection fees must be paid prior to the recording of the Final Plat. x) The developer shall construct an eight (8) foot wide bituminous trail on Lot 6, Block 3, within a 16 foot wide trail easement, to provide access from Monnens Avenue, south to the trail along the southern boundary of the plat. xi) The developer shall construct a temporary cul-de-sac at the west end of Monnens Avenue and provide the necessary temporary easements to the City. This cul-de-sac shall be built to City Design Criteria. c) The Final Construction Plans and Specifications must be approved by the City Engineer. d) The City shall be provided with documentation granting a trail easement along the southern boundary of the plat. This easement shall be 16 feet wide and centered on the trail. e) The City shall be provided with documentation granting a trail easement 16 feet inwidth and extending the length of Lot 6, Block 3. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. • I0 . CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann,Planner I Alla Meeting Date: April 4, 1996 � Re: Final Plat of Westwind 1st Addition Site Information: Applicant: J&J Developing;Tim and Jeff Monnens Location: West of Fuller Street and across from Shakopee Civic Center Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Urban Residential(R-1B) South: Urban Residential(R-1B) East: Urban Residential(R-1B) West: Urban Residential(R-1B) Comp.Plan: 1980: Single Family Residential Draft 1995: Single Family Residential Area: 19.54 Acres MUSA: The site is within the MUSA and can be served by municipal utilities Introduction Jim and Jeff Monnens of J& J Developing are requesting approval of the Final Plat for Westwind 1st Addition. The subject site is located west of Fuller Street and across from the Shakopee Civic Center (See Exhibit A). Considerations The Preliminary Plat for Westwind 1st Addition was approved by the City Council on February 20, 1996. The development is composed of 19.54 acres of land and proposes 49 single family residential lots(Please see Exhibit B). The applicants are proposing to develop this project in a single phase. The final plat, as submitted, is in substantial conformance with the approved preliminary plat. All parcels have an existing assessment for 1992-9 VIP Interceptor except 27-912049-0(which will be reapportioned). Parcels 27-912049-0 and 27-912035-0 have pending assessment for Fuller Street. All parcels have VIP connection fee which is due before final plat is recorded. VIP connection fees total $10,806.11. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The park dedication requirement would be approximately $222.24 per lot. Over the past two years, the average park dedication fee has ranged from $400 to $750 per single family residential lot. Based on these low calculations, the City Council may want to discuss hiring an appraiser to perform an appraisal of the site. The appraisal would cost approximately $1,000.00 and would be funded by the Park Reserve Fund. The developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permits. The Park Dedication requirement for the existing structures(Lots 1 and 12,Block 1)shall be paid at the time of the recording of the Final Plat. The City Engineer has commented that the Final Construction Plans and Specifications must be revised for approval, and that a trail easement must be dedicated along the Upper Valley Drainage Way. Alternatives 1. Recommend to the City Council approval of the Final Plat of Westwind 1st Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Westwind 1st Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (4 x$260= $1040.00). vi) 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. The Park Dedication Requirement for the existing structures (Lots 1 and 12, Block 1) shall be paid at the time of the recording of the Final Plat. vii) The developer agrees to waive the right to protest assessments for costs to construct streets, utilities, and drainage crossings to serve this development. viii) Assessments exist for the VIP Interceptor and Fuller Street projects. ix) VIP connection fees must be paid prior to the recording of the Final Plat. x) The developer shall construct an eight (8) foot wide bituminous trail on Lot 6, Block 3, within a 16 foot wide trail easement, to provide access from Monnens Avenue, south to the trail along the southern boundary of the plat. xi) The developer shall construct a temporary cul-de-sac at the west end of Monnens Avenue and provide the necessary temporary easements to the City. This cul-de-sac shall be built to City Design Criteria. c) The Final Construction Plans and Specifications must be approved by the City Engineer. d) The City shall be provided with documentation granting a trail easement along the southern boundary of the plat. This easement shall be 16 feet wide and centered on the trail. e) The City shall be provided with documentation granting a trail easement 16 feet in width and extending the length of Lot 6, Block 3. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Westwind 1st Addition subject to conditions, and move its approval. • i:kommdev\boaa-pc\1996\apr04pc\fpwwnd l.doc EXHIBIT A a : ° al%! �i_` a 1�� `4. 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Ira 9I.J! : me ERN • • urn EA • ,, t 7 7 • • • • • • 2),,,Arefiriii. ...., I sukcra w*:* anExr,K, 7 • wt vi%All 1"611 , , COCTOIT 1111 NM •NI III _ i ay0 H. 7 `� gill 2 ' • g _ - 7 t 7- 0. d me i t'l lSrt.. . ■ 00 a' E i - i . B +a LI is ` 1" 3 spa— .<.���/n� iip `�3 Ell 7 :.,.•IN < , i • ii • 7 . R-� ®M uisc e. • a. ^dd "4 i it 4.60to 4.3,*:* ii, tv.. . JIMI g u SUBJECT SITE� 111111.11111v-:-t �1 �l" • , v♦ �Ir ► 1/1/► 1 ♦ ' 11_Oi11/Ill/171/1I //�►���I•,: me.mner Itili. us 11111111: Elia 111 IL N 11111111 ws.t.,;:,...pr_ossc.p AG • 1 • 60.36 ' " O� �w.d IM• .1 is J N 0 l2 25, W NE Ih •/ my 04. s••.a.TJIs.N.L.._., •' J44>?4----� • ao..°o so.0o 2.0.00 .t_C-1 _,T..= /DC MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director 0. SUBJECT: County Cooperative Agreement for Traffic Control Signal at C.R. 78 and C.R. 17 DATE: April 11, 1996 MEETING DATE: April 16, 1996 INTRODUCTION: Attached is Resolution No. 4428, a resolution authorizing the execution of Cooperative Agreement No. TS 96-17/78 with Scott County for the installation of traffic signals at the intersection of County State Aid Highway (CSAH) 17 and County Road (C.R.) 78/Hillside Drive. Also attached is Cooperative Agreement TS 96-17/78. BACKGROUND: The County Highway Department is proposing to install a full traffic actuated traffic control signal system at CSAH 17 and C.R. 78/Hillside Drive intersection within the City of Shakopee. Per the County Cost Participation Agreement,the City is responsible for the following items in conjunction with this project and these items are listed in the Cooperative Agreement: • The City agrees that any City license required to perform electrical work within the City shall be issued to the contractor or the County at no cost to the contractor or the County. • The City shall cause installation of electrical power to the controlling cabinet at the sole cost and expense of the City. • The City shall also provide electrical energy for the operation of the traffic control signal at the sole cost and expense of the City. • The City shall share in 25% of the actual construction cost for the traffic control signal system plus 18% of its share for payment of engineering and inspection of this project. This cost split percentage is based on the number of intersecting streets for each jurisdiction. • The City would also be responsible for maintaining the photo electrical controls, relamping glassware and cleaning of glassware of the traffic control signal system. The estimated construction cost of this traffic control signal system is approximately $100,000.00. The City share of the construction costs plus 18% engineering and inspection fees is approximately $30,000.00. The plans have been completed by the County Highway Department and it is proposed to construct the signal yet this year and be operational by this fall. This project was not included in the City's Capital Improvement Program as it was not included in the County's Capital Improvement Program of last year. The County does list traffic control signal projects as unspecified, as the location of these type of projects depend on traffic warrant studies. Financing of the City's cost will be from the Capital Improvement Fund. ALTERNATIVES: 1. Adopt Resolution No. 4428, a resolution authorizing the execution of Cooperative Agreement TS 96-17/78 with Scott County for the installation of traffic signals at the intersection of CSAH 17 and C.R. 78/Hillside Drive. 2. Deny Resolution No. 4428. RECOMMENDATION: Staff recommends Alternative No. 1, as a signal at this location is warranted and will improve traffic safety in the City of Shakopee. ACTION REQUESTED: Offer Resolution No. 4428, A Resolution Authorizing the Execution of Cooperative Agreement No. TS 96-17/78 with Scott County for the Installation of Traffic Signals at the Intersection of County State Aid Highway 17 and County Road 78/Hillside Drive and move its adoption. BL/pmp MEM4428 RESOLUTION NO. 4428 A Resolution Authorizing the Execution of Cooperative Agreement No. TS 96-17/78 with Scott County for the Installation of Traffic Signals at the Intersection of County State Aid Highway 17 and County Road 78 WHEREAS, Scott County has performed a traffic signal warrant study for the intersection of County Road 17 and County Road 78; and WHEREAS, the warrant study has been completed and a traffic signal is warranted at this intersection; and WHEREAS, the attached Cooperative Agreement No. TS 96-17/78 outlining the City's participation in the construction and operation of this traffic signal has been reviewed and approved by the City Council. NOW, THEREFORE BE IT RESOLVED that the appropriate City officials be hereby authorized to execute the attached agreement and forward it back to Scott County for their execution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Agreement No. TS 96-17/78 State Aid Project No. 70-617-14 CSAH 17 @ CR 78 City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this day of , 19 , - by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the"County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and County Road 78/Hillside Drive within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall install, or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and County Road 78/Hillside Drive. Such installation, as described immediately above, shall be identified and accomplished under State Aid Project No. 70-617-14, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. 1 Agreement No. TS 96-17/78 State Aid Project No. 70-617-14 I I The term specifications as used herein shall mean the 1988 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and supplemental specifications and the project special provisions. III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. IV The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. V The County shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. VI The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of this project is $100,000. 2 Agreement No. TS 96-17/78 State Aid Project No. 70-617-14 VII The City shall, as its share of the construction costs, pay the County twenty-five percent (25%) of the actual construction cost of the traffic control signal system with integral street lights, plus eighteen percent (18%) of such share as payment for Engineering and Inspection of the State Aid Project No. 70-617-14. VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. IX Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof. X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, 3 Agreement No. TS 96-17/78 State Aid Project No. 70-617-14 its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the 4 Agreement No. TS 96-17/78 State Aid Project No. 70-617-14 sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any actor omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XV The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 5 Agreement No. TS 96-17/78 State Aid Project No. 70-617-14 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE ATTEST: By Mayor Date City Clerk And City Administrator Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date By County Engineer Date APPROVED AS TO EXECUTION: County Attorney Date JF-WPDOCMAGRMT\SIGNAL\7061714 April 3, 1996 6 I ab TO: Barry A. Stock, Acting City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Surplus Property DATE: 04 04 96 INTRODUCTION: Unclaimed property including recovered bicycles and property which has no value to the City has accumulated at the police department and should be sold. BACKGROUND: Throughout the year, the Police Department comes into possession of items which cannot be returned to an owner. Although every effort is made to locate the owners of this property, much of it remains in our possession. From time to time, this property must be disposed of because of the room it takes up. In the past, such disposal has always been accomplished by auction which was deemed to be the simplest way to deal with this property. This year, however, Scott County is having a garage sale at the County Warehouse on May 2nd from 8: 00 a.m. until 1: 00 p.m. This sale presents a good opportunity to dispose of property which cannot be returned to an owner and items of city property such as obsolete office equipment and unserviceable furniture. Before any of this property can be disposed of, it must be declared surplus by action of the City Council. A list of these items is attached to this memo. ACTION REQUESTED: Move to declare items listed herein as surplus property and authorize the Acting City Administrator to sell or otherwise dispose of these items. To: Chief Tom Steininger From: Teri Van Cleve Date: April 4, 1996 Re: Inventory to purge The following items are suggested for disposal. Item Serial # City # PC - Epson with keyboard 068567 002133 PC - Blue Star 2298 Monitor - Amdek 6030600 1801 Monitor MC-00500 484 Monitor - Packard Bell 85473326 none MISC ITEM - none none Tandy portable computer accoustic coupler 2 MISC ITEM - none none computer/cassette recorder, model 26-1208a CCR-81 Software none 2137 2 copies of Multimate Advantage II Software 1749 Learning/Using DBASE III Plus Programming W/DBASE III Plus Software none 2137. 001 Multimate II LAN ARCNET Cards none none (Box of 11) Camera 1023 Polaroid (20 - 30 years old) Camera 1439740 Minolta Weathermatic Camera 1427542 0969 Minolta Weathermatic Camera none Kodak Ektralight 10 MISC ITEM none none parts for printer stand MISC ITEM 0916 Time card holder Copy Machine 1299. 001 Ricoh 6080 (Believed to be in storage at old city hall building) MEMORANDUM TO: Mayor and CityCouncil Y FROM: Judith S. Cox, City Cler SUBJECT: April 16, 1996 Agenda DATE: April 15, 1996 Attached is a memo from the Chief of Police regarding the hiring of a police officer. This memo should have been on the city council agenda (item #10c) instead of the pay adjustment for Officer Dellwo. The memo on the pay adjustment for Officer Dellwo will be on the next agenda. My error, my apologies. /Oc. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Authorize Hiring of Police Officer DATE: April 11, 1996 P INTRODUCTION: The Police Department is requesting authorization to hire a police officer as soon as possible. BACKGROUND: Last October, Officer Scott Patrick resisgned his position with the Shakopee Police Department to pursue employment with the Mendota Heights Police Department. To fill this position, state law requires that the Shakopee Police Civil Service Commission conduct necessary testing, establish an eligible list for the position of police officer and certify the names of the three candidates standing highest on that list to the appointing authority which is the City Council. The Commission has conducted the necessary testing. The eligible list and the certification of the top three candidates are attached to this memo. This list will expire on June 29, 1997. The 1996 Union Contract establishes $2 , 611.73/mo. as the starting wage for the position of police officer. Our COPS FAST grant will pay $24 , 998 between 1-1-96 and 12-31-96. Funding for the remainder of this item is designated in the 1996 Police Budget. ALTERNATIVES: 1. Authorize hiring Dennis Alexander 2 . Authorize hiring James Kiecksee 3 . Authorize hiring Jordan Politz 4 . Authorize hiring no one. RECOMMENDATION: Jordan Politz has represented himself very well during all phases of testing and has exhibited qualifications which indicate that he is the most suitable candidate for employment. For this reason, I respectfully recommend alternative #3 . ACTION REQUESTED: Authorize hiring of Jordan Politz as a police officer with the Shakopee Police Department at a monthly rate of $2, 611.73 subject to the satisfactory completion of pre-employment medical, physical and psychological testing and the customary 12 month probation period. TO: City Shakopee Shako ee Honorable Mayor and City Council FROM: Shakopee Police Civil Service Commission SUBJECT: Eligibility Register DATE: 12 20 95 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing hereby establishes the following eligible register for the position of Shakopee Police Officer. POLICE OFFICER TEST FINAL SCORES CANDIDATE FINAL RANK Eric Nelson 82 . 25 1 Dennis Alexander 80. 5 2 James Kiecksee 76 3 Jordan Politz 75.5 4 Michael Nelson 75 5 Bonnie Barlage 55.5 6 s tfully Submitted, liVrr i hard T. Mulcrone Ch irman TO: City of Shakopee Honorable Mayor and Councilmembers FROM: Shakopee Police Civil Service Commission SUBJECT: Certification - Top Three Candidates DATE: 04 10 96 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing has established an eligible register for the position of Shakopee Police Officer. The names of the top three candidates and their final scores are hereby submitted for your consideration. 1. Dennis Alexander 80.5 2 . James Kiecksee 76 3 . Jordan Politz 75 . 5 Signed, Lr 1-)h-OiAJ Stan VonBokern, Chairman Shakopee Police Civil Service Commission MEMO TO: Mayor Henderson and City Council DG FROM: Barry A. Stock, Acting City Administrator RE: Pay Plan Step Adjustment - Officer Chris Dellwo DATE: April 3, 1996 INTRODUCTION: Tom Steininger, Shakopee Police Chief has requested that Council consider an adjustment to the standard pay schedule for Officer Chris Dellwo in light of his previous work experience and performance during his probationary period. BACKGROUND: Attached is a memorandum that was sent to Dennis Kraft, previous Shakopee City Administrator. The memorandum as prepared by Tom Steininger, Shakopee Police Chief outlines the circumstances surrounding Mr. Dellwo's appointment as a Police Officer with the City of Shakopee and his previous employment and work experience. In the past, it has been customary for the City to hire individuals at an appropriate step level and increase them to the next step upon successful completion of their probationary period. In reviewing previous cases similar to this one, staff has discovered that the normal course of action would be to indicate in the motion selecting the successful candidate that a step increase will be considered upon successful completion of the probationary period. In the case of Officer Dellwo, no official notation of a step increase was included in the motion appointing him to the police officer position. However, it is clear that prior to accepting employment with the City that discussions took place regarding a potential step increase upon successful completion of a probationary period. I have contacted the City's labor consultant to determine if a step adjustment as proposed by Mr. Steininger would be in violation of the current labor contract. Our labor consultant stated that he did not feel that a step adjustment would be in violation of the contract but that the City should be leery of precedent. He noted that in the future, upon the selection of an appropriate candidate for a position the possibility of pay plan step increases upon the successful completion of probation should be clearly noted in the motion selecting the candidate. Given the circumstances regarding Mr. Dellwo's appointment as a Police Officer for the City of Shakopee and his outstanding performance during his probationary period, I support Mr. Steininger's recommendation to increase Officer Dellwo's compensation to Step 3 of the Police Officer Pay Schedule retroactive to January 30, 1996. ALTERNATIVES: 1. Increase Officer Dellwo's compensation to Step 2 of the 1996 Top Patrol Pay Schedule retroactive to January 30, 1996. 2. Increase Officer Dellwo's compensation to Step 3 of the 1996 Top Patrol Pay Schedule retroactive to January 30, 1996. STAFF RECOMMENDATION: Staff recommends alternative#2. ACTION REQUESTED: Increase Officer Dellwo's compensation to Step 3 of the 1996 Top Patrol Pay Schedule retroactive to January 30, 1996. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Pay Raise DATE: 12 27 95 INTRODUCTION: Officer Chris Dellwo has requested that his previous law enforcement employment and experience be considered when he completes his twelve month probation and becomes eligible for his first annual step raise on January 30, 1996. BACKGROUND: When Officer Dellwo came to work here, he asked if his starting pay was negotiable in view of his previous law enforcement employment and experience. He was advised that starting pay was not negotiable but that if he successfully completed his probation, it might be possible to have his previous employment and experience considered when he became eligible for his first step raise. New officers are paid 75% of top patrol wage during their first year on the job. They are paid 80% of top patrol during their second year, 90% during their third year and go to top patrol after three years of service. Officer Dellwo currently earns 75% of top patrol pay. At the end of January, he is scheduled to go to 80%. He has requested a greater increase because he will have three and one-half years on the job at that time. His progress during training and subsequent job performance during the past year clearly reflect his previous training and experience. While the City Personnel Handbook does not specifically address this case, the following three areas touch on it: - Article III A. reads in part: "Employees of the City shall be compensated according to the schedule established by the City Council. " - Article III B. reads in part: "The pay schedule established by the City Council establishes the base pay for each position. " - Article VIII E. reads in part: "The department head will recommend to the City Administrator a candidate and a salary to be offered. " This seems to give the City Administrator some latitude in dealing with the salaries of new employees, especially new department heads who are hired at other than the lowest salary for a position based upon their previous employment and experience. In the case of entry level employees, a case can be made for starting them at the lowest level and taking employment and experience into consideration and applying them to a step raise after successful completion of a probation period demonstrates the value of such employment and experience to the City. If previous employment and experience are taken into consideration and applied to a step raise at the successful completion of a probation period, one year of credit for each two years of previous employment would be consistent with Article V. Section C, Paragraph 2 of the City Personnel Handbook which addresses credit for vacation in similar situations. A precedent of sorts exists for this practice. Officer Forberg's previous employment and experience at New Ulm was taken into consideration and served as the basis for a salary adjustment. ALTERNATIVES: 1. Increase Officer Dellwo's compensation to 80% of top patrol. 2 . Increase Officer Dellwo's compensation to 90% of top patrol. RECOMMENDATION: Alternative # 2 . ACTION REQUESTED: Take Officer Dellwo's previous employment and experience into consideration and increase his compensation on 01 30 96 when he successfully completes his probation. MEMO TO: Mayor Henderson and City Council / 0 CI FROM: Barry A. Stock, Acting City Administrator RE: Rose Mertz Resignation- Custodial Services DATE: April 11, 1996 INTRODUCTION: Attached is a correspondence from Rose Mertz- Custodian informing the City of Shakopee of her resignation of employment effective Friday, June 7, 1996. Staff is seeking direction from Council with respect to future custodial services. BACKGROUND: The resignation of Ms. Mertz presents the City with an opportunity to analyze the custodial services currently being provided in the City. At the present time the City has two custodians providing cleaning services for the following buildings: City Hall, Shakopee Library, Community Youth Building and the Public Works Garage. The City has contracted cleaning services at the Shakopee Community Center and the Police Station. One of our custodians currently also provides a wide variety of maintenance type services including monitoring the boilers, replacing air filters, building shelves, rekeying locks, replacing fluorescent light tubes, putting together equipment, etc. Both the City Hall and Community Center buildings have boiler systems. In accordance with State Statute, the boilers must be inspected daily during the heating season. This being the case, I believe that it is imperative that we retain the remaining full time custodian onboard to perform custodial services in addition to boiler monitoring. Staff believes that one custodian can handle the majority of the cleaning activities in City Hall as well as the boiler tasks at the Community Center and City Hall. Staff is recommending that the City seek requests for proposals for the remaining custodial services at the Shakopee Library, Community Youth building and Public Works building. Staff believes that the cost for the contracted custodial services will be significantly less then the cost associated with retaining a full time position. This opinion is based on the attractive cost proposals that were received for the Community Center building. Staff is seeking Council authorization to solicit cleaning requests for proposals for the Shakopee Library, Public Works building and Community Youth building. The proposal specifications will outline the cleaning activities and frequency thereof so that an accurate cost for service can be attained. ALTERNATIVES: 1. Authorize the appropriate City officials to seek custodial service request for proposals for cleaning services at the Shakopee Library, Public Works building and Community Youth building. 2. Do not seek custodial service request for proposals and authorize staff to take the necessary steps to replace the soon to be vacated full time custodial position. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: 1. Move to accept the resignation of Rose Mertz with regrets. 2. Authorize the appropriate City officials to seek custodial service request for proposals for cleaning services at the Shakopee Library, Public Works building and Community Youth building. April 4, 1996 Mr. Barry Stock Acting City Administrator City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Barry: Please accept this letter as my formal resignation from the City of Shakopee. My final date of employment will be Friday, June 7, 1996. I would like to take this opportunity to express my gratitude and appreciation for having the opportunity to work for the City of Shakopee. Thank you. Sincerely, Rose Mertz, Custodian CC: Mayor and City Council Charles Fuller, Maintenance /O& MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Gorman Street Reconstruction from 4th Avenue to C.R. 17 DATE: April 10, 1996 MEETING DATE: April 16, 1996 INTRODUCTION: Attached is Resolution No. 4404, a resolution receiving a report and calling a hearing on the improvement of Gorman Street, from 4th Avenue to County Road(C.R.) 17. BACKGROUND: On March 19, 1996 this feasibility report was presented to Council for their consideration of this project and adoption of Resolution No. 4404. The reconstruction of Gorman Street was included in the 1996 Capital Improvement Program. This item was tabled for consideration due to the possibility of the State imposing a property tax levy freeze and the concern of Council was not to proceed with this project until the status of the proposed freeze was known. The legislature has since adjourned and there has been no action on property tax freezes for 1997. Staff is bringing this project back for Council consideration and will present the feasibility report at the April 16, 1996 Council meeting. Staff would like to remind Council to bring their feasibility report to the Council meeting and staff will give a presentation on this project based on the feasibility report. As mentioned in the March 14, 1996 memo, the main issues with this project are the sidewalk and trail locations, watermain assessments and whether to reconstruct the street now or wait until development proposals are submitted on undeveloped commercial, multi-family parcels. ALTERNATIVES: 1. Adopt Resolution No. 4404. This action will receive a feasibility report and set the date for the public hearing for May 21, 1996. 2. Deny Resolution No. 4404. This action will halt the project until such time as City Council reconsiders the resolution. 3. Move to receive the feasibility report but do not set a date for the public hearing at this time. This action will place the project on hold until such time as City Council sets a date for the public hearing. 4. Table Resolution No. 4404 to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4404, as this would allow a public hearing and public input to take place on the proposed improvements to decide whether or not this project should move forward for the 1996 reconstruction season. ACTION REQUESTED: 1. Remove from the table,the item receiving a report and calling a hearing on an improvement to Gorman Street, from 4th Avenue to County Road 17, Project No. 1996-3. 2. Offer Resolution No. 4404, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Gorman Street, from 4th Avenue to County Road 17, Project No. 1996-3 and move its adoption. BL/pmp MEM4404 RESOLUTION NO. 4404 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Gorman Street, From 4th Avenue To County Road 17 Project No. 1996-3 WHEREAS, pursuant to Resolution No. 4315 of the City Council adopted October 17, 1995, a report has been prepared by the City Engineer, with reference to the improvements of Gorman Street, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, trail and appurtenant work and this report was received by the Council on March 19, 1996. .. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of Gorman Street, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, trail and appurtenant work in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$396,885.63. 2. A public hearing shall be held on such proposed improvements on the 21st day of May, 1996, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1996-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Barry Stock,Acting City Administrator /0i FROM: Bruce Loney, Public Works Director620Y SUBJECT: 17th Avenue and Sarazin Street Improvements Project No. 1996-1 DATE: April 10, 1996 MEETING DATE: April 16, 1996 INTRODUCTION: Attached is Resolution No. 4425, which accepts bids and awards the contract for Project No. 1996-1, 17th Avenue from County State Aid Highway (CSAH) 17 to Sarazin Street and Sarazin Street from St. Francis Avenue to 17th Avenue. BACKGROUND: On March 19, 1996, the City Council of Shakopee ordered the advertisement for bids on the 17th Avenue and Sarazin Street Project No. 1996-1. The project consists of constructing a State Aid street being 17th Avenue, from CSAH 17 to Sarazin Street and also constructing a collector street being Sarazin Street, from St. Francis Avenue to 17th Avenue. These streets are adjacent to the St. Francis Regional Medical Center site and construction of these streets are needed for the opening of the hospital and long term care facility. Funding of this street project is a combination of State Aid Funding, Scott County Highway Department, Stormwater Drainage Utility Fund and assessments. On April 10, 1996 sealed bids were received and publicly opened for this project. A total of nine bids were received and are summarized in the attached resolution. The low bid was submitted by Northdale Construction, Inc. of Rogers, MN for $572,900.01. The Engineer's estimate for this project was approximately $675,000.00. In addition to awarding the contract to the low bidder, Northdale Construction, City staff will need to authorize consultant engineering services to provide construction surveying and administration services for this project. The design engineer for this project has been Orr-Schelen-Mayeron & Assoc. (OSM) and staff is recommending to utilize this firm for the engineering services needed to complete this project. If the Council awards the project, staff is also requesting that City Council authorize a contingency amount equal to 10% of the contract to cover minor change orders or quantity adjustments that may occur on the project. The City of Shakopee has received State Aid approval of the plans to construct 17th Avenue and can utilize State Aid Funds on this project. ALTERNATIVES: 1. Accept the low bid of $572,900.01 and adopt Resolution No. 4425, awarding the contract to Northdale Construction, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute a consultant contract with OSM to provide consultant services for the City of Shakopee. 5. Authorize another firm for engineering services. RECOMMENDATION: 1. Accept the low bid of $572,900.01 and adopt Resolution No. 4425, awarding the contract to Northdale Construction, Inc. 2. Authorize the appropriate City officials to execute a consultant contract with OSM to provide consultant services for the City of Shakopee. ACTION REQUESTED: 1. Offer Resolution No. 4425, A Resolution Accepting Bids on 17th Avenue, from County State Aid Highway 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue, Project No. 1996-1 and move its adoption. 2. Authorize the appropriate City officials to execute a consultant contract with Orr- Schelen-Mayeron&Assoc. to provide consultant services for the City of Shakopee. 3. Authorize a 10%contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. BL/pmp MEM4425 RESOLUTION NO. 4425 A Resolution Accepting Bids On 17th Avenue, From County State Aid Highway 17 To Sarazin Street And Sarazin Street, From St. Francis Avenue To 17th Avenue Project No. 1996-1 WHEREAS, pursuant to an advertisement for bids for 17th Avenue, from County State Aid Highway (CSAR) 17 to Sarazin Street and Sarazin Street, from St. Francis Avenue to 17th Avenue, Project No. 1996-1, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Northdale Construction Co.,Inc. $572,900.01 Barbarossa& Sons, Inc. $577,288.55 Richard Knutson,Inc. $582,623.15 Ryan Contracting,Inc. $604,609.90 Brown& Cris,Inc. $623,073.44 F.M.Frattalone,Inc. $628,000.00 Hardrives,Inc. $632,287.85 GMH Asphalt,Inc. $652,088.58 Midwest Asphalt,Inc. $745,215.30 AND WHEREAS, it appears that Northdale Construction Co., Inc., 14450 Northdale Blvd.,Rogers,MN 55374 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Northdale Construction Co., Inc. in the name of the City of Shakopee for the construction of 17th Avenue, from CSAH 17 to Sarazin Street and Sarazin Street from St. Francis Avenue to 17th Avenue according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /05 MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: City Administrator Search Committee Issues DATE: April 12, 1996 1. Members of the City Administrator Search Committee have met with representatives from two firms about assistance in the search for a city administrator. They would like City Council approval of an agreement authorizing funds for some assistance. Mayor Henderson will present the request at the meeting. 2. The Search Committee is recommending the adoption of a resolution setting the size of the group of finalists for the position. By adopting such a resolution, the city could hire any of the top candidates, even if a veteran had the highest score, and be in compliance with the veterans preference requirements. (The extra points for veterans preference are added to a candidate's score in order to get to be one of the finalists. ) RESOLUTION NO. YYz°I A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ESTABLISHING THE NUMBER OF FINALISTS FOR THE CITY ADMINISTRATOR POSITION WHOSE NAMES SHALL BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION. WHEREAS, the City is in the process of soliciting candidates to fill the position of City Administrator; and WHEREAS, the City Council desires to set the maximum size for the group of finalists for the position. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the City Council hereby sets the size of the group of finalists for the City Administrator position at candidates. These shall be the candidates with the highest point score, after all ranking and testing, and their names shall be forwarded to the City Council for consideration. The City Council may select any of these finalists to fill the position of City Administrator, or, if it finds no acceptable candidates, the City Council may reinitiate the hiring process . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [11CCL] loh TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 11, 1996 Introduction and Background Attached is a print out showing the division ' budget status for 1996 based on data entered as of 4/10/96 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for Blocks 3&4 (code 9439-xxx) in the amount of $2, 522 .82 . Action Requested Move to approve the bills in the amount of $366,382 .33 . CITY OP SHAKOPEE EXPENSES BY DEPARTMENT 04/10/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 1,288 16,470 20 12 CITY ADMINISTRATOR 215,490 5,000 59,622 28 13 CITY CLERK 132,040 4,311 30,563 23 15 FINANCE 307,410 9,964 64,260 21 16 LEGAL COUNSEL 260,030 5,291 41,753 16 17 PLANNING 457,930 5,860 61,209 13 18 GENERAL GOVERNMENT BUILDINGS 132,510 4,365 34,492 26 31 POLICE 1,588,500 54,932 399,996 25 32 FIRE 418,670 22,271 82,736 20 33 INSPECTION-BLDG-PLMBG-HTG 228,930 6,113 45,522 20 41 ENGINEERING 407,760 8,167 84,245 21 42 STREET MAINTENANCE 775,720 15,966 151,359 20 44 SHOP 116,650 3,533 23,774 20 46 PARK MAINTENANCE 304,660 9,214 54,999 _ 18 91 UNALLOCATED 436,340 295 251,176 58 TOTAL GENERAL FUND 5,865,730 156,569 1,402,177 24 17 PLANNING 463,400 41 53,373 12 TOTAL TRANSIT 463,400 41 53,373 12 a) en m 04 1 w W a a aaaaaa a 44444 HHHHH a a a a a a as a H E H H HHHHHH H HHHHH H H H H H H H H H 1-I C4 Ell OM Mi 0 z W W to O mm H Cr 0 0 m HHHHHH N M M M M M V' U) to (-4 a) m 41414 0 O tO N a) N m a0 a0 a0 aD ao co aO ao aD ao a0 ao a0 ao a) a) co 00 m N N N N NNNNNN N NtNNNN N N N N N N asa0 N H 0 0 O O 000000 0 00000 CO 0 O O O 0 0 HH O 0 O O O 000000 O 00000 N O O O O O O MM O tp 0 ri N 000000 H 00 000 M rl a) 433 t0 t0 l- MO W. 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