HomeMy WebLinkAbout05/07/1996 TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA MAY 7, 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 March 19th and April 16th, 1996
7] Communications :
a] Jeff Monnens, J & J Developing, LLP, request for the
vacation of an easement within a Private Contract
b] Mr. Runge, Canterbury Inn, request for expansion of
on-sale liquor licenses
8] Public Hearings : None
9] Recommendations From Boards and Commissions :
a] Interim MUSA (Metropolitan Urban Service Area)
Expansion
b] Final Plat for Orchard Park Second Addition, located
east of CR-77 and north of the bypass (Res . No. 4438)
10] Reports from Staff:
a] Pay Plan Step Adjustment - Officer Chris Dellwo
b] Vandalism at Community Youth Building
c] Community Center Walking Track - Handicap
Accessibility
d] Swimming Pool Drop Slide
>e] Acknowledgment of Wallace Lureen Retirement -
Res . No. 4430
>f] Termination of Probationary Status - Ron Stellmaker
>g] Termination of Probationary Status - Dave Rutt
h] County Cooperative Agreement for Traffic Control
Signal at CR-78/Hillside Drive and CR-17 (Res . No.
4428) - tabled 4/16 (bring 4/16 item 10a)
i] Legal Department Staffing Analysis - Councilmember
Zorn
TENTATIVE AGENDA
May 7, 1996
Page -2-
10] Reports from Staff continued:
>j ] Surplus Property
>k] Approve Bills in the Amount of $709, 402 . 80
>1] 4th Avenue Speed Limit - Res . No. 4433
m] Purchase of Vibratory Roller Compactor
>n] Westridge Lake Estates Extension of Preliminary
Plat Approval
o] Street Light Contract - Valley Green Business Park
p] Van Zee Wetland Replacement - Res . No . 4436
q] Recognition Picnic - tabled 4/2
>r] Fire Station Site
s] New Commercial/Industrial Prospects - Councilmember
Sweeney
t] Planner I Vacancy
u] Traffic Control Signal Agreement No. 74811 Between
Mn/DOT, Scott County and Shakopee - Res . No . 4432
v] Shakopee Bypass Noise Variance on Construction
Activities (Second Segment)
w] Building Inspector Position - memo on table
x] Adult Use Ordinance
11] Resolutions and Ordinances :
a] Res . No. 4434 - Approving Plans for 1996 Street
Reconstruction, Project 1996-2
b] Res . No. 4437 - Approving Report and Ordering Plans
for 10th Avenue Storm Sewer Laterals,
Project 1996-5
12] Other Business :
a]
Jo]
c]
13] Adjourn to Tuesday, May 21, 1996 at 7 : 00 P.M.
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.
Upcoming Work Sessions :
May 13, 1996 at 5 : 00 P.M. joint meeting with SPUC
May 14, 1996 at 4 : 00 P.M. 1997 budget work session
MEMO TO: Honorable Mayor and City Council
FROM: Barry A. Stock, Acting City Administrator
RE: Non Agenda Informational Items
DATE: May 3, 1996
1. Attached is the May Calendar of Upcoming Meetings.
2. Attached are the SPUC minutes for March 4th and 18th, 1996.
3. Attached is a memorandum from the Finance Director regarding property/liability
insurance.
4. Attached is a memorandum from the Finance Director regarding local performance aid.
5. Attached is the monthly progress report for March from the Community Development
Department.
6. Attached is the May Business Update from City Hall.
7. Attached is correspondence from Miss Marijo White regarding the development of
Shakopee.
8. Attached is a memorandum from the Chief of Police regarding the Emergency
Management Plan.
9. St. Mary's Church has applied for an exemption from the lawful gambling license for their
June 23, 1996 church festival. They do meet the requirements of the city code. The
exemption will be approved by the Gambling Control Board unless the city adopts a
resolution, within 30 days, specifically prohibiting the activity.
10. Attached are the April 18, 1996 minutes of the Planning Commission.
11. Attached is a memorandum from the Public Works Director regarding report on
contingency amounts on public improvement projects.
12. Attached is correspondence from the Public Works Director to Gemplus Service Bureau
regarding the street light at Valley Ind. Blvd. So. and C.R. 83.
13. Attached is a memorandum from the Public Works Director regarding the stop sign
removals on 10th Avenue/Apgar Street and Market Street/3rd Avenue.
14. Attached is a memorandum from the City Attorney regarding prosecution court charts.
15. Attached is a memorandum from the Finance Director to SPUC regarding the Annual
Financial Report.
16. Attached is a memorandum from the City Attorney regarding the lease of water tower
space.
17. Attached are the May 9th agendas for the Planning Commission and Board of Adjustment
and Appeals.
18. Attached is the Building Activity Report for April.
19. Attached is a memorandum from the City Attorney regarding a work update.
20. Attached is a copy of the Community Center monthly admission report and revenue
summary.
21. Attached is a memo from Pat Ciliberto, Scott County Joint Prosecution outlining certain
issues relative to the transfer of Shakopee Prosecution Services to his office.
22. Attached is the Police Newsletter for Council review.
4 /
May 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
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April June
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28 29 30 30
5 6 7 8 9 10 11
4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
12 13 14 15 16 17 18
5:00 PM Joint 4:00 PM Workses-6:00 PM Econom-
SPUC/City sion-City Coun- is Development
Council cil-Budget Authority
7:00 PM Board of
Review
19 20 21 22 23 24 25
7:00 PM Park& 7:00 PM City
Rec-Commu- Council
pity Center
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City Hall Closed 4:00 PM City
Council-
Worksession
Printed by Calendar Creator Plus on 5/1/96
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular
session on March 4, 1996 at 4: 30 P.M. in the Utilities meeting
room.
MEMBERS PRESENT: Commissioners O'Toole, Unseth and Wolf. Also
Liaison Sweeney, Administrative Assistant Adams, Manager Van Hout
and Secretary Menden.
Motion by Unseth, seconded by Wolf to approve the minutes of
the September 18, 1995 Adjourned Regular meeting, and the October
2, 1996 Regular meeting as kept . Motion carried.
Motion by Unseth, seconded by O'Toole to approve the minutes
of the January 8, 1996 Regular meeting as kept . Motion carried.
Motion by Unseth, seconded by O'Toole to approve the minutes
of the February 5, 1996 Regular meeting as kept . Motion carried.
BILLS READ:
City of Shakopee $ 51 ,000 . 00
ABM Equipment & Supply 189. 07
APPA 263. 00
A T & T Wireless Services 35. 03
A T & T Wireless Services 1,329 . 08
American Casting * Mfg. Corp 1 ,239 . 29
Amsterdam Printing & litho Corp. 98.81
ARAMARK Refreshment Services 122 . 00
B T Office Products 227 .80
Bauer Built Inc. 61 . 78
R W Beck 4, 554 .88
Border States Industries Inc. 3,178. 14
Cadd Specialists Corp. 3 ,115 .86
City of Shakopee 1 , 300 .25
Clay' s Printing Service Inc. 95 . 32
Continental Lift Truck Corp. 270. 51
Communication Auditors 305 .02
Cooperative Power 46, 353. 55
DCA, Inc. 150. 00
Dickson Company 39. 00
Ditch Witch of MN. Inc. 803. 58
Angela Dressen 20 . 00
E J Brooks Company 252 .42
Feed-Rite Controls Inc. 65. 00
Glenwood Inglewood 39 . 96
Gold Nugget Development 32, 362 . 50
Gopher State One-Call Inc . 241 . 64
Graybar Electric Co, Inc . 1 ,629 .06
H D R 273 .89
Hennen' s ICO 28 . 00
Keys Well Drilling 1,926. 59
Koch' s Tele-Communication Services 45 . 00
John Koopman 5 . 00
Leef Bros. , Inc. 12 . 92
Allan Lunser 10 . 00
M/A Associates Inc . 89 . 14
MMPA 442,510. 20
Charles Mensing 115 . 00
Midwest asphalt Corp. 390 . 00
Minnegasco 237 .06
Minn. Dept . of Health 5 ,167 . 00
Minn. Dept . of Public Services 31 . 00
Minn. Environmental Quality Board 337 .82
Minn. Valley Testing Lab, Inc. 158 . 00
Diane Mulcrone 55 . 00
Northern States Power Co. 332 . 32
Shawn Petersen 20.00
Pitney Bowes Inc. 273 . 75
Progressive Consulting Engineers Inc . 980 . 00
Tom Reicks 20.00
Reynolds Welding Supply Co. 4. 95
Richmar Construction, Inc. 27 ,998. 14
Ries Electric 637 . 35
St. Paul Stamp Works, Inc. 900 .81
Schoell & Madsen, Inc. 1,612 .80
Shakopee Public Utilities Commission 27 .83
Shakopee Public Utilities Commission 54. 35
Solomon Corp. 753 . 75
Southwest Suburban Publishing 39 . 00
Star Tribune 399 .00
Starks Cleaning Services, Inc. 72. 42
Total Tool 317 . 37
Transport Truck Center 49 .85
Union Pacific Railroad Co. 2,275.00
Valley-Rich Co. , Inc. 5,928.86
Lou Van Hout 43 . 55
Waste management-Savage 93. 13
WESCO 14,744 . 93
Yarusso's Hardware Co. 25. 49
Northern States Power Co. 12,446 . 12
Marvin Athmann 73. 46
Americinn Motel 89 . 25
Bill' s Toggery, Inc. 243. 93
Strawberry Floral 63 . 60
Wild Iris, Inc. 90. 53
Motion by Unseth, seconded by O'Toole that the bills be
allowed and ordered paid. Motion carried.
•
A communication from Judy Cox regarding Commission
appointments was acknowledged. Mr. Terry O'Toole was reappointed
for a three year term and Mr. Joseph Wolf was appointed to the
unexpired term of approximately one year for Gloria Vierling who
passed away on February 17 ,1996 .
A communication from Jon Albinson, regarding environmental
issues was acknowledged.
Liaison Sweeney gave his report . Dave Nummer has resigned
from employment at the City of Shakopee with his last day being
March 15 .
The final draft of the contract for the installation of the
street lights requested from Jon Albinson is on the desk of Karen
Marty for final perusal .
Test results from the Minnesota Department of Health regarding
nitrate detection dated February 21 , 1996 was given to the
Commission.
A communication from SBA, wireless communications consultants
regarding the request for installation of antennas on watertowers
was acknowledged. A consultant will be hired to investigate the
request.
The updated 1995 capital improvement plan was given to the
Commission. The items listed along with completion dates and
future completion dates was reported on by Manager Van Hout .
The CADD system has been acquired for the Shakopee Public
Utilities design department. Joe Adams and Terrill Roquette
attended school to familiarize themselves more with the Cadd
system.
The insurance consultant has been hired. A meeting will
be held on March 18 with the consultant to go over different
insurance options available.
As per the request of Manager Van Hout the proposed
Professional Services Agreement for preparing the design
and bid specifications for the new substation and for providing
construction management services was presented to the
Commission. The estimated cost for the substation was included
broken down between the construction management and the
engineering.
Motion by Wolf, seconded by Unseth to sign the contract
with R.W. Beck for the professional services agreement for
preparing the design and bid specifications for the new
substation as long as it stays within the scope of services
based upon the understanding of the needs of the Shakopee Public
Utilities and upon approval of the City Attorney of the final
draft of the contract . Motion carried.
Manager Van Hout presented Change Order #2 to add the
Generator to the pumphouse/Booster Station which includes moving,
refurbishing and enclosing the generator.
The agreement to Complete the Water System is in the process
of being drawn up at the present time for ValleyFair for the area
where their new dormitories are to be located. Karen Marty, City
Attorney and Joe Adams along with representatives from ValleyFair
are working together on the draft of the agreement .
Motion by Unseth, seconded by Wolf to enter into the agreement
to Complete Water System with ValleyFair. Motion carried.
The final figures on the 1995 conservation dollars spent was
presented by Manager Van Hout . He also gave a report on the areas
where the 1996 conservation dollars are budgeted for. The areas
the State mandates dollars be spent are being accommodated along
with other areas we feel will benefit our customers .
The drug and alcohol testing policy was presented by Joe
Adams. A discussion followed on contents of the policy.
Motion by O'Toole, seconded by Unseth to offer Resolution
#459 A Resolution To Adopt A Substance Abuse Prevention
Program For Commercial Drivers and A Substance Abuse Policy. Ayes:
Commissioners O'Toole, Unseth and Wolf . Nayes: none. Resolution
passed. Motion carried.
A pay rate for A Senior Water Operator position was
discussed.
The 1996-2000 capital improvement plan will be discussed
at the April meeting.
The annual Shakopee showcase will be held on April 22
with the Shakopee Public Utilities having a booth at the
showcase.
There were two fire calls for February with a total
of 55 minutes labor.
The Shakopee Public Utilities Commission adjourned to
executive session for wage negotiations.
Motion by Unseth, seconded by Wolf to adjourn from
executive session. Motion carried
President O'Toole stated for the record that no action
had been taken.
The Manager' s contract was presented for approval.
f
Motion by Unseth, seconded by Wolf to offer Resolution
#460 a Resolution Regulating Salary and Contract Terms . Ayes :
Commissioners Wolf, Unseth and O'Toole. Nayes: none.
Resolution passed. Motion carried.
There were no lost time accidents for February, 1996 .
The next regular meeting of the Shakopee Public Utilities
Commission will be held on April 1 , 1996 at 4 : 30 P.M. in the
Utilities meeting room.
Motion by Unseth, seconded by Wolf that the meeting be
adjourned to March 18, 1996 at 4 : 30 P.M. Motion carried.
h AL i\f\apk
Barbara Menden,'commission Secretary
c•
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in
adjourned regular session on March 18, 1996 at 4 : 30 P.M. in
the Utilities meeting room.
MEMBERS PRESENT: Commissioners O'Toole, Unseth and
Wolf. Also Manager Van Hout and Administrative Assistant Adams .
Motion by Wolf, seconded by Unseth to Offer Resolution #461
A Resolution Adjusting the Fees Under the Trunk Water Policy
Resolution. Ayes: Commissioners Unseth, Wolf and O'Toole. Nayes :
none. Resolution passed. Motion carried.
Motion by Unseth, seconded by Wolf to offer Resolution #462
A Resolution Setting Water Connection Charges . Ayes: Commissioners
Wolf, O'Toole and Unseth. Nayes: none. Resolution passed
Motion carried.
Ken Adolf, Schoell and Madson was present to go over the
Change Order #2, on the Contract for Booster Station/Pumphouse #9 .
Mr. Adolf discussed the changes involved along with the costs in
comparison to the original contract .
Mr. Chuck Jelinek was present to meet with the Commission
as an insurance consultant . He explained the bidding process and
the recent changes in Minnesota law regarding insurance policies .
Mr. Jelinek was asked to send a proposal to meet with a
committee to investigate the insurance alternatives.
President O'Toole suggested a committee be set up to
investigate the insurance alternatives. Kent Sanders had been
selected as the employee representative, Mgr. Van Hout offered Joe
Adams as the management representative, and Joseph Wolf volunteered
to represent the Utility Commission.
Motion by Wolf, seconded by Unseth that the meeting be
adjourned to April 1,1996. Motion carried.
ATTEST:
3 CA 4A4 .
ChA7k
Barbara Menden, ommission Secretary
g' Q
Lou Van Hout , Manager
tk2)
TO: Barry Stock, Acting City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Property/Liability Insurance
DATE: April 15, 1996
Staff will be working on preparing the renewal applications
for the property, liability, automobile and boiler coverages
for the city and SPUC. Coverage has been with the League of
Minnesota Cities Insurance Trust (LMCIT) for many years . I
estimate that over 800 of the approximately 835 cities in
the state are in LMCIT. This is a result of commercial
carriers dropping city clients (including Shakopee) several
years ago.
Some commercial carriers are trying to reenter the market .
LMCIT has a excellent program that is specifically tailored
for cities and also pays dividends . I strongly recommend
that the city stay with LMCIT and support the program.
Staff will be preparing a renewal application for only LMCIT
and not requesting quotes from other vendors unless directed
to do so by Council . Quotations will not be requested for
umbrella coverage, open meeting defense coverage or petro
fund coverage (petroleum product release/spills) in
accordance with previous council decisions unless direction
is given otherwise.
, 4/L
TO: Barry Stock, Acting City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Local Performance Aid
DATE: April 25, 1996
I just found out that the Legislature adopted a new aid
called Local Performance Aid. It is funded in part by a
reduction in existing HACA aid to cities . The newspaper
will probably have an article on this next week.
Attached is a copy of a League Article on this issue.
04-25-1996 01:59PM FROM S 14 Suburban Publishing TO 94453856 P.01
I
Buil"
...
League of
I
(Ities
l3ulletin
Cteg
,,
Ntum6er 14 I April,19, 1946
I
New law links performance to city aid
Gary Carlson What are performance each city to certify that they qualify for
In the beginning,the Legislature measurements? local performance aid. The application
created WA and HACA.And they saw According to Representative must be signed bar the mayor and erne'
that they were good. Starting in 1997, Dawkins,performance measurement 'member of the.city council. Local
cities and counties will also have LPA. include simple measures of workloads performance aid will be distributed to
The 1996 version of the omnibus for the services provided by the each city with the local government aid
tax bill includes a provision referred to governmental unit. Workloads can and homestead and agricultural credit
r
by its author as Local Performance Aid. include number of employee hours aid payments in July and December of
Championed by Representative Andy worked on certain projects,tons of each year Local performance aid will
Dawkins of St.Paul,LPA is an attempt garbage hauled,number of police calls. ; See LPA,page 6
to associate general purpose homestead or any other measures of workloads
and agricultural credit aid with perfor- that my be compiled by the city.
( mance outcomes. According to According to Representative
Representative Dawkins,local perfor- Dawkins,the collection'of workload ---vv iorzot, ,i4f ,`* z
mance aid is intended to assure that data by each local unit of government ,� a' P
state revenue sharing with cities and is the first step toward ultimately �1O .r-?
counties will be based on a defensible generating measures of service r e ,-4..,r.? '
formula and therefore,be continue into efficiency and effectiveness. He wants r „, t,,;,,;-� ,, • ,
the future. each city and county to be able tod ,. ;,"f ,.t rR• '` .
evaluate the services they are providing `4» ' $tJ I.a,i� .'
and be able io determine if the service ; . 47 t ''a �`7
How do you qualify for LPA. �,,,i, .,,�„ y ,, s.1t �,V
In the first year,each city and is achieving its goals or is beingl'''" --''',5'.1-7,::'i.7.'31:7-
` -i fi '!-.7.-7,7-'•, .. ,y
provided at an effective level. G �r�,x„ �g ,
county will be eligible to receive �� t P7 ;�" ,,
Representative Dawkins intends ` "-'- ! . ,. . � .
performance aid if they have either p ',1,11-fry,, ��K��, ` �" �` ,�`~ ,�,�`
for each city and county to be eligible ' , 3: ,
implemented performance measure- d:fw ,, ,, .1 ;�.
to receive performance aid in the first � E," ,a'7t ,F .614 ra4
mens systems for the services they ,M , < t eJ gi4
provide or are in the process of creating year. The Department of Revenue win 4..L,.,....,,,,,,L...‘, �a 1- -.,- r z, p , .
mail out an application form for local G +`t., ��-
or implementing performance measure- performance aid on or around May 15 " '., ..;17.t %�1'L.
T° f;'i
mcnt systems. of each year. The form will require 15. ��'�jr p•. . :
: ,...,*...4._,a--,.,e`" -.-�r
1 b .5.[ ,,, ,, a,,,,,.w 1k�9 J
IMA
r `,n. 4 . NC r J.WLduA.:waliks.fi immdePage 3—Deadline extended Page L1—Law summaries ,~r fi•, � :W ii
tl ��°
LAI
The application deadline for the Summaries of the new laws ,<,\.i.'111.4111..1::.,,,� ` ° . , w
C.C. Ludwig Award, Leadership passed during the 1996 legislative ,-..?:,,,:-.1.',:- -. , ,'
Award and City Achievement session begin on page Li. ' zir ` t `
. % ,� . .
,,.., Awards has been extended to 1 ° r t,: '�`t ` i i" ' _'. h
"'ter n a.r-•
May 8. - ':"t' �c +.-l#iFa�^ . 5 : t
04-25-1996 01:48PM FROM S W Suburban Publishing TO 94453856 P.06
LPA, continued ttom page t
April 15,1996
be annually inflated by the price of
government inflation index that is Mr.Gary Carlson
currently used for the local government League of Minnesota Cities
aid distribution. 145 University Avenue West
Local performanceaid is funded St.Paul,MN 55103
144 by reducing each city and county's
St.plc PLACA by SI per capita and adding an Dea'Mr.Carlson
FM additional$1 million Of state resources - ..As the chief author of the"Local Performance Aid'i provisions!of this year's
TUI - to the overall pool.`Combined,these omnibus rax bill(H.F.2102.Article 3.Secs.48 and 49).1 want to be clear that my
1-8 two perfonnance aid revenue sources intent is that every city and every county qualify for yerformwuei aid for calendar year
will generate approximately 54.1 1997.The threshold to qualify is very low: "affirm that itis in the process of develop-
Th
Ci million to fund the program for cities. ing and irnplernenting a system of performance measures."
x. Each qualifying city will receive a per 1.
tin capita LPA distribution based on the So long as a city coup dl ora county board has this as an item of the agenda prior to
total available city LPA resources lune 30,1 996,that city or county will qualify for performance aid.In fact,any city or
Cc dtotalpopulationt of all county that presently tracks"workload input...has already began the process of
divided by thepopulation developing and implementing performance measures,In others Words,ifa city or
— qualifying cities. county tracks the number of employee hours worked,number of applications pro-
cessed,tons of garbage collected,number of police arrests,etc...that city or annoy
1 The future of LPA qualifies...
y Representative Dawkins hopes to
expand the local performance aid However.I also want m be clear that my intent is that cities and counties will make a
C program next legislative session. In good faith effort over the course of she next year tostsim ple wyrkkad measurement and get to the next levels of pe formange ..
discussions with the League of Minne-
sota Cities,he indicated that he would '
As you know,the fntat report of the Local Goverranpit Aid Distribution and Govern-
like to increase the funding for the mens Service Delivery Subcommittee included on Appendix C which had examples
B program by$200 million which reflects fry Minnesota cities and counties that already have]performance measurement in
u the current of excess of property tax place.Please have your jurisdictions refer to that appendix for eternal=of what the
a collections over income taxes. Accord-' legislature is expecting.
ing to Representative Dawkins,adding
new resowves to the performance aid- Finally,as I also explained at our meeting,it is my intent to reconvene the Loos'
program will be tied to more stringent Government Aid Subcommittee...prior to the start of the next legislative session to
eligibility criteria for local units of determine what will be in the 1997 tax bill regardingistandards for local performance
Rather than simply ad and that It is my hope that the 1997 legislature will appropriate$200 million*
W
government. p y the next round of performance aid,but this will only happen if cities and counties male
it gathering workload measures,local agore!faith effort to meet the legislative intent contsAincd in the 19996 fax bill and this
a units may be required to begin examin letter. j
ing efficiency and effectiveness of the'
services provided to their local resi- Please call me with any questions you might have,gird 1 thank yore for your coopers-
dents. Of course,details of these future tion in disseminating this letter.
requirements have yet to be fully Sincere!
developed. y
n Andy Dawkins
tt If you have any questions about State Representative
local performance aid,please contact
Gary Carlson at the League of Min ne-
T sota Cities or the property tax division
S, of the Minnesota Department of
Revenue.Y
T
r
I
i1
a'
Page 6 LMC Cities Bullet
TOTAL P.06
City of Shakopee
Community Development Department
Monthly Progress Report
March 1996
Board ofAdjustment and Appeals
VARIANCES 0
CUP'S 1
At its March 7, 1996, meeting, the Board of Adjustment and Appeals (BOAA) approved a
Conditional Use Permit application to allow an existing facility located at 502 East First
Avenue to be used as a church or place of worship. The BOAA also approved the use of
shared driveways for the proposed Pine Woods Addition subject to two conditions.
Code Enforcement
No. Reported 3
No. Referred Out 3
Planning Dept. Cases 0
Economic Development Activity
Staff updated the City's vacant sites list for commercial properties. This is the list that
Staff provides to prospects and real estate brokers.
Several industrial inquiries were made concerning sites located along TH 101 and in
Valley Green Business Park. Commercial inquiries regarding sites along the new Bypass
continue to be active on a daily basis. Staff has been working with developers on
preliminary concept plans for commercial development along the Bypass. Staff has also
received several inquiries from small businesses wanting to locate downtown.
Economic Development Authority
The first regular meeting of the revised EDA was held on March 12, 1996, at 6:30 p.m.
Comm. Zorn was elected President and Comm. Link was elected Vice President. The-
EDA approved a motion to secure the services of BKBM Engineers to perform a building
analysis of the Country Collections Building in Blocks 3 & 4. The next meeting date was
set for March 20, 1996, at 6:00 p.m.
At its March 20, 1996, meeting, the EDA received a building analysis status report from
BKBM Engineers. Bill Jaffe of the Scott County HRA was also present to discuss the
possibility of a joint EDA/HRA project on Blocks 3 & 4, and the EDA approved the
funding of half of a retail market study in cooperation with the HRA. The EDA directed
staff to continue to research a redevelopment concept in Valley Green, and staff was
directed to continue monitoring Livable Communities Grant Funds as possible assistance
for Blocks 3 & 4.
2
Other Items
• Resident's Guide update (in progress)
• Development of commercial and industrial prospect information packet (on hold)
• Development of City demographic profile packet (on hold)
• Update of incentive programs (on hold)
• Streamlining of development processes/developer meetings (on hold)
Planning Commission
TEXT AMENDMENTS 0
REZONINGS 0
PRELIMINARY PLATS 1
FINAL PLATS 3
PUD's 2
VACATIONS 1
At its March 7, 1996 meeting, the Planning Commission recommended approval to the
City Council for the Final Plat of Westridge Lake Estates 2nd Addition, subject to
conditions. Action on the Final Plat approval of Market Place 2nd Addition and Horizon
Heights 5th Addition were tabled indefinitely, to allow the applicants time to resolve
outstanding issues.
The Planning Commission recommended approval to the City Council of Pinewood
Estates Planned Unit Development (PUD). This PUD is located south of 4th Avenue and
east of Shenandoah Drive. The application for Planned Unit Development approval for
the Marschall Property was withdrawn by the applicant.
The Preliminary Plat of Pine Woods Addition was continued to the April 4, 1996,
meeting. This request was made in order to allow the applicant additional time to submit
information to city staff for review.
The Planning Commission recommended approval to the City Council of a vacation
request. The area proposed for vacation is the right-of-way along the west half of Cass
Street between 3rd Avenue and 4th Avenue, and the alley in Block 40, Original Shakopee
Plat.
Scott County Economic Development Coalition
The Labor Survey of Scott County households is complete with an excellent response rate
of 50 to 60 households per day. The business survey was conducted between March 7
and March 15, and the results of both surveys are currently being compiled into a final
report by the University of Wisconsin-River Falls.
3
At the Scott County Economic Development Coalition's (SCEDC) regular meeting, each
member gave a community update regarding development in Scott County and indicated
that activity is increasing county-wide.
Subdivision Review Committee
The Subdivision Review Committee continues to meet once every week to two weeks.
Meeting dates have been scheduled until the end of May. Some of the topics that have
received initial review are submittal requirements, drainage and erosion control, utilities,
sanitary sewers and storm sewers. The new processes that are emerging from the
Committee appear to allow significantly more streamlining of the process than is currently
possible with the existing code requirements.
Information Services
The Civic Center computer system and the City Hall computer system are operating within
or above anticipated service levels without any major failures.
A Pavement Management System (PMS) has been added to the City Hall system. This
should reduce the City's street reconstruction costs significantly and pay for itself several
times over.
The Internet Committee continues to meet.
County Geographic Information System (GIS) will become an increasingly important issue
for the City both in terms of staff time and possibly significant budgetary impacts.
• Logis Strategic Advisory Committee (resigned position due to time constraints).
• Logis MIS Coordinators Committee (on hold).
Other
• Four zoning verification letters were completed in March.
• One minor subdivision was approved in March.
• Adult Uses Ordinance nearing completion.
• Staff is continuing to revise the Shoreland Regulations to bring them up-to-date with
the DNR requirements.
• Staff will begin work on 12 code amendments at the beginning of 1996 (on hold).
• Staff has requested that the City Council give Downtown issues priority from all
boards and commissions in 1996. Implementation is on hold.
• Neighborhood Meetings/Planning (on hold)
• Staff continues to work with the Metropolitan Council on the proposed MUSA
expansion and will be starting work on an interim solution in April.
• Sidewalk and Trail Plan Update (on hold until Planner II arrives).
• Livable Communities Housing Plan (on hold--may need to use consultants).
4
• Zoning Notification text amendment (being drafted by Legal Dept.).
• Traffic Control Sign Plan (on hold).
• Downtown Courthouse location support (continuing).
i:\conundev\progress\1996\finalrpt\mar96.doc
•
5
BUSINESS UPDATE FROM CITY HALL
Volume 10 No. 5
Dear Chamber Member: May 1, 1996
Administration Community Development
Board of Adjustment and Appeals
The City Administrator Search Selection
Committee is in the process of reviewing 45 At its April 4, 1996, meeting, the Board of
applications for the City Administrator Adjustment and Appeals approved a variance
position. The Committee is expected to to the corner lot setback requirements in the
identify the top five candidates which will be Urban Residential(R1 B)Zone. The Board
interviewed by the City Council. The initial also approved a Conditional Use Permit for an
screening process is expected to be complete existing mini storage in the Light Industry(I-
by the end of the month. Interviews will be 1)Zone and approved a Conditional Use
scheduled with the final candidates some time Permit to allow a facility to be used as a
in early June. The entire selection process is limited service veterinary clinic in the Highway
expected to be complete with the appointment Business(B-1)Zone.
of a new City Administrator scheduled for
June. Planning Commission
At its April 4, 1996, meeting, the Planning
The Shakopee City Council has scheduled a Commission recommended to the City Council
number of work sessions during the month of the approval of Meadows West 3rd Addition
May to begin the 1997 Budget process. Final Plat, Orchard Park 2nd Addition Final
Plat,Westwind 1st Addition Final Plat and
Pinewood Estates Preliminary Plat.
On April 9, 1996 the Shakopee City Council
identified a preferred site for the new fire Action regarding Prairie Village Preliminary
station. The site is located along Vierling Plat was continued to the April 18, 1996,
Drive East of Calvary United Methodist meeting and Pinewoods Addition Preliminary
Church. Staffis currently in the process of Plat was continued to the May 9, 1996,
negotiating acquisition of the property. Five meeting..
architectural firms have also been selected to
submit proposals for design services. Once an The Planning Commission discussed the
architect is selected,preliminary floor plans Sidewalk/Trail Plan revisions and provided
and space requirements will be developed. direction to staff.
This information will be useful in determining
facility construction cost estimates. Economic Development
Referendum information materials will then be
developed and distributed to all Shakopee Authority
residents over the course of the next six
months. A November 5, 1996 referendum City staff continues to take the necessary steps
date has been selected. to complete the condemnation process for the
properties located within Blocks 3 & 4
Downtown Shakopee. The Economic
Development Authority in cooperation with
the Scott County Housing and Redevelopment organizations present, the most ever for the
Authority are currently utilizing the services of Showcase.
McComb and Associates to complete a market •
analysis of Downtown Shakopee. The results Shakopee Parks and Recreation and the
of the analysis will be useful in determining the Shakopee Lions Club celebrated Arbor Day at
magnitude and feasibility of retail/commercial Lions Park on April 22. The Mayor read a
development on the parcels located within special Arbor Day Proclamation which was
Blocks 3 & 4. The Scott County HRA is also followed by a ceremonial tree planting and a
interested in pursuing moderate income brief lesson on "How to Plant and Care for
housing on either the second and/or third Trees."
floors of a potential structure. The results of
the market analysis should be complete within Work is currently underway to finish painting
the next 30 days. the exterior of the community center building
put,*urinal overlay on thuarking lot
Engineering/Public Works and Fuller Street. A trail along Fuller Street
to 10th Avenue is part of the same project.
The construction season is under way. The Some minor landscaping around the building
following projects have begun construction: and the installation of player benches for the
ball fields is all that's left to do.
1. Vierling Drive- from CR 79 to CR 77
2 Prairie Bend 2nd Addn. - a private Police
subdivision located East of CR 17 and South
of 4th Ave. Records Management System- The
3. Westwind First Addn. - located West of CAD\Records Management project continues
Fuller St. and South of the Community to move forward. Teri Van Cleve, along with
Center. representatives from each city in Scott
4. Meadows West 3rd Addn. - located County, viewed demonstrations of software by
between CR 79 and CR 77 and South of the vendors who submitted bids for the project.
High School. Two bids were received. Lieutenant Albert
5. Fuller Street - 10th Ave. to South-this DuBois, project coordinator, notified us that
project started last summer. The contractor is New World will be awarded the project.
expected to complete the project by mid June.
LEO Job Fair- The Law Enforcement
In addition to the City projects, Engineering Opportunities Job Fair was held on April 9th
staff is working with MnDOT on the bypass at the Minneapolis Convention Center, with
project and Scott County on the CR 16 more than 50 law enforcement agencies
Project between CR 17 and CR 83. participating. Officers Jim Englin and Tom
Crocker represented Shakopee Police at the
The design of the 1996 Street Reconstruction event, which is intended to attract people who
Project is nearing completion and construction are members of protected classes to explore
is expected to begin in mid June. opportunities in law enforcement. Over 85
interested individuals placed their name on a
Park & Recreation mailing list to be notified of future testing and
hiring.
On April 22 over 4000 residents attended the
Shakopee Showcase which was held at
Canterbury Park. There were 88 different
*7
Miss Marijo White
RECEIVED
APR 2 2 1996 2017 Vernon Drive
Minnetonka MN 55305
CITY OF SHAKOPEE
Dear City Council people:
I have recently read several advertisements in the Star-Tribune newspaper about the
city of Shakopee. What I have read made me quite distraught. I am a frequent visitor
to the Shakopee area and think it a fantastic place to visit because of its open area,
closeness to rural areas, friendliness, and quiet atmosphere. However, I am one of
many people who are noticing the development of Shakopee and it is worrying me. I
have seen the over-development of several cities in my area and am worried that it will
happen to Shakopee. I truly hope it doesn't. I realize that some growth is inevitable-
change always comes about in some fashion. Please think carefully while you and
others are planning to include smaller farms, horse farms, good park systems, natural
areas and not the "sprawl" that we all hear about too often. Don't let Shakopee
become another Chanhassen, Chaska or St. Cloud. Could you, at least, tell me that
these projects are within city limits and are not spiling over into the Scott County
countryside? I hope to live in this area some day and hope that you and your fellow
planners will take pride when you look ahead into the future of Shakopee and its
surrounding areas. Is there anything you could tell me that will ease my frustrations
about the developments? Does Scott County have zoning laws about building out of
town so those of us who are prospective horse farm owners will be able to find them in
our near future? I would appreciate any kind comments and insights you would have
about this. Thank you.
Sincerely,
Miss Mar'o White
TO: Barry A. Stock , Actino City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Emergency Management Plan
DATE: 04 19 96
INTRODUCTION: The following is provided as a non-agenda
information item for the City Council.
BACKGROUND: The City of Shakopee has a detailed Emergency
Operations Plan designed to coordinate use of the resources and
capabilities of the City if it is necessary to respond to a major
emergency or disaster. A Train wreck, plane crash, release of
hazardous materials, explosion, tornado, flood or blizzard are some
instances which might result in activation of this plan.
The plan was revised in 1994 . It is currently, being updated
again.
The enclosed quick reference folders are provided for you, the
Mayor and Councilmembers.
City of Shakopee
EmergencyPlan
DRAFT COPY
Revised 01/02/96
MpublicbptanNemarplan.95
•
Purpose
The purpose of this plan is to ensure that in the event of any type of disaster, the city's
facilities, equipment, and manpower will be used in a coordinated, effective way, so as to
maximize the protection of life and property and ensure the continuity of government.
Legal Basis
The legal basis for this plan is: Public Law 920, as amended; Minnesota Statutes, Chapter
12, as amended; the Scott County Common Organization Contract dated December 14, 1971;
and the City Ordinance dated February 17, 1981. r'
Mayor Date Emergency Management Date
Coordinator
1 . Purpose and Legal Basis
Existing government is the basis for emergency operations. That is, city personnel will
perform emergency activities related to those they perform on a day-to-day basis. The city
organization is as follows:
MAYOR AND COUNCIL
CITY ADMINISTRATOR
EMERGENCY MANAGEMENT - — — POLICE CHIEF
COORDINATOR —
— — — - - FIRE CHIEF
— - - PUBLIC WORKS DIR.
— — — Coordinate —
Command -
-- — — - - UTILITIES DIR.
This chart is limited to emergency operations positions and departments.
2. Organization
• •
Receipt of Warning
The county warning point (Sheriff's Dispatch) is responsible for relaying any warnings that
affect the City of Shakopee to the Shakopee Police Department. The Sheriff's Dispatch is
responsible for activating the city's siren system upon orders from any authorized official.
Dissemination of Warning: Notification
For Natural Disaster:
1. Give order to sound sirens (5 minute steady tone) and tone-alert radios.
2. Notify key city personnel (see Personnel Notification List).
3. Notify Scott County Emergency Management Director.
For Nuclear Attack:
1. Give order to sound sirens (5 minute wavering tone) and tone-alert radios.
2. Notify key city personnel (see Personnel Notification List).
3. Notify Scott County Emergency Management Director.
3. Warning and Notification
• • �
Position Name Work Home
Mayor Jeff M. Henderson 445-8317 445-7772
City Administrator Dennis Kraft 445-3650 894-669
Councilor Jane DuBois 445-1662 445-6400
Councilor Cletus Link 445-3240 445-2277
Councilor Robert Sweeney 445-2493 445-2493
Councilor Burl A. Zorn 445-3330 445-3330
Emergency Mgmt./ Thomas Steininger 445-6666 445-6622
Police Chief
Fire Chief Mark Huge 282-6895 539-0537P
Public Works Director Bruce Loney 445-3650 447-1369
Public Utilities Manager Lou Van Hout 445-1988 445-7244
School Superintendent Robert Ostlund 445-4884 445-9030
r
4. Personnel Notification List
•
Direction and Control
The direction and control of the city's response to the disaster will take place from the City
Emergency Operations Center (EOC). The City EOC is housed with the County EOC at the
Scott County Courthouse.
Activation
The EOC will be activated by the Scott County Emergency Management Director or the City
Emergency Management Coordinator.
Staffing
EOC staff are to report to the EOC automatically upon the occurrence of a disaster.
Equipment and Supplies
The City Emergency Management Coordinator is responsible for ensuring that the EOC is
operational and that the necessary maps, tables and chairs, communications equipment,
message logs, and other supplies are on hand.
•
5. Emergency Operations Center
0 0
M C E P F AP P 1 CCCCCR H
a i moi m u u r o 0 0 0 o e o
y t el r bb b e u u u u u d s
o y r i e u I I a n a n an C p
P=PRIMARY r Ag c C 1 i i s t t t t t r i
S=SUPPORT / d e ha c c u y y y y y o t
C=COORDINATION C m M C i a W U r E HE S A s a
o i g h e c o t e m u a h a a l
u n mi f e r i r e mg es -
n i t e P k I r a i r e St
c a f r s i gnni a F
i t C e t M S e f s r
I r o s i a e e f o a
a o i e n r . r r n
t r d s a v c/
o d e g D Q
✓ a a i P
t D r e
i a
r c
e
Warning&Notification SS CP SSS S CS S
Direction&Control/EOC PP CS SSS S CS
Emerg.Public Info P S CS S SS S CS S S
Search&Rescue SS CS PSS S CS S S
Health/Medical SS CSSSS S CS S S
Evac&Traffic Control S S CP SSS S CS S
Fire Protection SS CS PS S S CS
Damage Assessment SS CS SSS P CS S S i
Congregate Care SS CS S SS S CS P S S
Debris Clearance SS CS S SP S CS S
Utilities Restoration SS CS SSS P S CS S
Haz Mat Incident SS CS PS S S CS S
6. Emergency Responsibility Assignments
•
The Mayor, City Administrator, and City Council will:
1. Ensure that the City Emergency Management Coordinator has activated the
Emergency Operations Center (EOC).
2. Report to the EOC.
3. Ensure that the City Emergency Management Coordinator and service chiefs provide
an initial damage assessment and casualty report.
4. Ensure that the City Emergency Management Coordinator and service chiefs brief the
EOC staff on the status of the disaster.
5. Be ready to issue a declaration of emergency.
6. Serve as the City Public Information Officer (PIO), or designate a member of the city
staff to perform this function.
7. In consultation with the City Emergency Management Coordinator, determine whether
state or federal assistance should be requested. Note that city resources must be fully
committed before state or federal assistance will be available. If assistance is
requested, be specific. Contact the Scott County Emergency Management Director
for procedures and criteria.
7. Mayor, Administrator, and City Council List of Tasks
• •
The City Emergency Management Coordinator will:
1. Ensure that city officials have been notified, key facilities have been warned, sirens
have been activated, and other measures are taken as needed.
2. Advise the Scott County Emergency Management Coordinator of the situation and
action being taken.
3. Activate the City Emergency Operations Center (EOC) and make sure that it is fully
operational and that EOC staff have reported there.
4. Obtain initial damage assessment and casualty report, and relay this information to the
Mayor and to the County Emergency Management Director.
5. Ask the service chiefs to brief the EOC staff on the status of the disaster.
6. Ask the City Council to issue a declaration of emergency.
7. Evaluate available resources, including personnel, by checking with service chiefs. If
deficiencies exist, take action to obtain needed resources.
8. Ensure that good records are kept on expenditures. -
8. Emergency Management Coordinator List of Tasks
• •
The Treasurer will:
1. Maintain records indicating city expenses incurred due to the disaster.
2. Assist in the damage assessment process by:
a. Providing information regarding the dollar value of property damaged as a
result of the disaster.
b. Providing information (name, telephone number, etc.) regarding the owners of
property that has been damaged or destroyed as a result of the disaster.
3. Set up procedures to permit acquisition of equipment and supplies needed following
the disaster.
9. Treasurer List of Tasks
•
The Police Chief or his designee will:
1. Ensure that all Police Department staff have been notified, and that they report as the
situation dictates.
2. Report to the City Emergency Operations Center (EOC).
3. Review disaster situation as it pertains to the Police Department, and forward this
information to the City Emergency Management Coordinator.
4. Direct an officer or officers to close off the damage site area to stop all in-bound
traffic. Set up an emergency pass system.
5. If appropriate and available, dispatch a communications vehicle to the scene of the
disaster.
6. Coordinate the activities of the Police Department with the other services.
7. Use all departmental resources, including personnel, equipment, and supplies, before
requesting assistance.
8. Try to anticipate the Police Department's needs for manpower and equipment 24
hours in advance.
9. Remember that the number one priority is to save lives.
10. Police Chief List of Tasks
• •
The Fire Chief or his designee will:
1. Ensure that all Fire Department personnel are alerted to the disaster, and that they
report as the situation dictates.
2. Report to the City Emergency Operations Center (EOC).
3. Review the disaster situation as it pertains to the Fire Department, ana forward :his
information to the City Emergency Management Coordinator.
4. Rescue injured and trapped persons. For rescue assistance, call Scott County
Emergency Management.
5. Coordinate the activities of the Fire Department with the other services.
6. Use all departmental resources, including personnel, equipment, and supplies, before
requesting assistance.
7. Try to anticipate the Fire Department's needs for manpower and equipment 24 hours
in advance.
8. If additional assistance is necessary, utilize mutual aid agreements with other local
Fire Departments or the Scott County Common Organization Contract.
11 . Fire Chief List of Tasks
• •
The Public Works and Utilities Directors will:
1. Ensure that all department personnel have been alerted to the disaster, and that they
report as the situation dictates.
2. Report to the City Emergency Operations Center (EOC).
3. Review the disaster situation as it affects the City Public Works and Public Utilities
Departments, and forward this information to the City Emergency Management
Coordinator.
4. Direct debris removal to permit-passage of emergency vehicles. -
5. Assist rescue personnel in rescuing trapped persons as needed.
6. Direct the restoration of utilities and public roadways.
7. Coordinate the activities of respective departments with the other services.
8. Use all departmental resources, including personnel, equipment, and supplies, before
requesting assistance.
9. Try to anticipate needs for manpower and equipment 24 hours in advance.
10. If assistance is required, coordinate with the City Emergency Management
Coordinator.
12. Public Works and Utilities Directors List of Tasks
V
Support from County Departments
All support from Scott County will be requested through the Scott County Emergency
Management Office. This office will coordinate all support services from the county to the
city, and it will coordinate requests for aid from outside support agencies, such as the Red
Cross, Salvation Army, and other private or volunteer organizations.
Support form the National Guard
Wher = natural disaster of other e:r 2rgencv is beyond the capability of local government,
support from the National Guard units may be available. Only the governor has the authority
to activate the Guard. In the case of Scott County and all cities within Scott County,
Minnesota Statute requires all requests for National Guard Assistance to come from the
Sheriff.
Support from State and Federal Agencies
Information and assistance in securing state or federal support may be obtained by contacting
the Scott County Emergency Management Director.
13. Support
ff./
OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION
Special Session Shakopee, Minnesota April 18, 1996
MEMBERS PRESENT: Mars, Madigan, Link, Meilleur, Romansky, Brekke
MEMBERS ABSENT: Joos
STAFF PRESENT: Bruce Loney, Public Works Director
Paul Bilotta, Community Development Director
Julie Baumann, Planner I
1. ROLL CALL
Chair Madigan called the meeting to order at 7:30 p.m. Roll call was taken as noted above.
2. APPROVAL OF AGENDA
The Agenda was amended and approved with Item No. 4 being heard after Item No. 6.
3. RECOGNITION OF INTERESTED CITIZENS
Chair Madigan recognized anyone in the audience wishing to speak on an item not on the
agenda. There was no response.
5. 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.
Mr. Bilotta stated the Community Development Commission and Planning Commission
have expressed concerns regarding the possible negative impacts that increased commercial
activity along the Bypass may have concerning the viability of the downtown area. Areas
of specific concern include restaurant and tavern uses. The Community Development
Commission (CDC) recommended that staff research concentrating these uses in the
downtown area.
Mr. Bilotta reviewed a proposed text amendment to address these concerns. He reviewed a
proposed three class system for restaurant uses. He reviewed the restaurant classes, tavern
and hotel/motel uses and whether they would be permitted, conditional, accessory or
prohibited uses in B-1, B-2, B-3 and MR zoning districts. Private clubs would not be
affected by the proposed text amendment.
Commissioner Romansky questioned the potential for increased competition. Mr. Bilotta
stated that these uses tend to benefit from clustering.
Commissioner Mars asked if there would be a problem with concentrating uses and if
vacant land could be utilized. Mr. Bilotta stated that the number of available liquor licenses
City of Shakopee
Special Planning Commission Meeting
April 18, 1996 Page 2
will be the determining factor. He cited several locations of vacant land throughout the
city.
Commissioner Mars questioned entertainment uses being located near industrial areas,
which facilitate heavy traffic uses. Mr. Bilotta discussed traffic along these use areas.
Commissioner Mars questioned the effect that this text amendment would have on the
marketability of the area near the Bypass. Mr. Bilotta replied that he does not believe the
text amendment would impact the marketability of the area since establishments that sell
liquor are a very small amount of the interested users in those areas.
Commissioner Mars asked if a tavern currently in the downtown area needs a conditional
use permit. Mr. Bilotta replied that this use would require a conditional use permit.
Commissioner Brekke asked if accessory uses are more restrictive than conditional uses.
Mr. Bilotta replied an accessory use is not more restrictive than a conditional use.
Commissioner Brekke questioned whether the Board of Adjustment and Appeals could
place additional conditions concerning liquor, when reviewing an application for a
conditional use permit Mr. Bilotta replied that additional condition(s) could be added.
Commissioner Brekke asked if it would make sense to make hotel/motel a conditional use in
the B-2 zoning district. Mr. Bilotta stated it could be looked at.
Mr. Bilotta discussed Dangerfield's restaurant and a possible rezoning to the Major
Recreation Zoning District.
Commissioner Link asked where a major restaurant could be located downtown. Mr.
Bilotta cited the library site and the current Eagles location.
Commissioner Mars stated concerns regarding making the downtown area too tight and not
having any available locations for new businesses. He stated that there is a lack of raw land
in the downtown area. Mr. Bilotta agreed with the concerns but noted there are hundreds
of acres available in the Major Recreational area. Larger uses would most likely be drawn
to this area.
Commissioner Brekke stated there is not raw land in the downtown area and discussed his
concern. Mr. Bilotta explained that there are areas to expand the downtown area. He
noted certain users will not want to locate in the downtown area.
City of Shakopee
Special Planning Commission Meeting
April 18, 1996 Page 3
Commissioner Meilleur asked if it might be wise to table a decision to allow staff time to do
more research. Mr. Bilotta stated if the decision is made to table, some direction to staff
would be beneficial.
Commissioner Brekke recommended that staff look into the possibility of hotel/motel uses
in the B-1 and B-2 zoning districts being changed to conditional uses.
Mr. Bilotta stated staff can identify each use and bring it back to the Planning Commission
and address the Dangerfield's issue.
Commissioner Link stated he was very concerned about the downtown area being too tight
if a major use wanted to come to Shakopee.
Chuck Fuller. Shakopee Ballroom stated this would put him out of business if he is unable
to serve liquor other than beer and wine. He asked that the Planning Commission take this
into consideration. Mr. Bilotta stated staff is not certain what use the Ballroom would fall
under. It may be possible that the Ballroom would not be affected by the text amendment
or this could be an opportunity to rezone the property to Major Recreation.
Motion: Commissioners Brekke/Romansky moved to table this public hearing to
allow staff time to provide additional information.
Vote: Motion carried unanimously.
6. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE CITY'S
COMPREHENSIVE PLAN TO EXPAND THE CITY'S METROPOLITAN URBAN
SERVICES AREA (MUSA) IN ACCORDANCE WITH THE PROVISION OF THE
SHAKOPEE/CHASKA INTERCEPTOR COST SHARING AGREEMENT.
Mr. Bilotta provided background information regarding this issue with the Metropolitan
Council. At this time 192 acres will be made available for MUSA expansion and staff will
continue to negotiate with the Metropolitan Council on the larger acreages for MUSA
expansion. He discussed the difficulties associated with providing sewer and water services
to these areas.
Mr. Bilotta discussed four options. The first option would provide connections with the
sanitary trunk sewer that enters on the northeast corner but would be a concern to the Orrin
Thompson development to the south. The second option is similar but includes property to
the southern boundary of the bypass, as well as corresponding more to existing property
City of Shakopee
Special Planning Commission Meeting
April 18, 1996 Page 4
lines. Option 3 is also similar to the first option, except that it allocates MUSA to the entire
Orrin Thompson property. Option 4 is similar toOption 3 but includes propertyto southern
P
boundary of the bypass, as well as corresponding to property lines. Mr. Bilotta stated that
this is a policy issue and staff has not identified a preferred option.
Commissioner Mars asked if Option 1 is the least or most expensive. Mr. Bilotta replied it
would be the least expensive.
Commissioner Mars questioned if Option 2 were selected, would problems arise with the
Orrin Thompson development. Mr. Bilotta stated that if Option 2 were selected, temporary
measures may be needed.
Commissioner Brekke asked what the temporary measures would involve. Mr. Loney
reviewed storm drainage and how it would affect this area. He noted the area where the
Orrin Thompson development is located is very depressional and sandy. He also stated that
it is generally not a good policy to allow development to occur without positive water
outlets. He discussed options to either purchase easements or utilize the upper drainage
area. He also discussed the possibility of constructing a lift station to the north.
Commissioner Brekke asked how much time would be necessary to resolve the positive
outlet issue. Mr. Loney replied a study could be done but that a timetable has not yet been
established.
Commissioner Roman sky asked if a larger pond can be created to provide services to the
Orrin Thompson parcel. Mr. Loney explained there still needs to be some sort of
emergency drainage, a larger pond may not be the answer for this situation.
Lee Johnson. Orrin Thompson urged the Planning Commission to consider Option 3. He
noted that drainage would be less than what is currently on the site, once it is developed.
He asked for assurances the property will be located within the MUSA area. He noted the
adjacent property owner to the east is not in a hurry to develop his property. He stated that
the storm water issues will be solved.
Commissioner Mars asked if a temporary or permanent solution would be constructed. Mr.
Johnson replied it could be a permanent lift station, however he assumed that the lift station
would only be necessary for approximately 5 to 10 years.
Leo Ames stated that he does not want to not create a problem for Orrin Thompson. He
has been working with Orrin Thompson for some time and is not looking to develop his
City of Shakopee
Special Planning Commission Meeting
April 18, 1996 Page 5
property at this time and therefore does not need the additional MUSA that would be
available if Orrin Thompson did not receive an allocation for their entire parcel.
Motion: Commissioners Mars/Brekke moved to close the public hearing.
Vote: Motion carried unanimously.
Motion: Commissioners Brekke/Link moved to offer a motion to recommend Option
3 to the City Council.
Mr. Bilotta questioned if the Commission meant to consider Option 4, not Option 3.
Commissioner Mars questioned access to the Orrin Thompson site. Mr. Bilotta reviewed
access via Sarazin Street and 17th Avenue. A stub to the south of the Orrin Thompson
development is proposed to Valley View.
Commissioner Mars questioned if the lift station would be in the City's best interest for
future drainage to the east. Mr. Loney stated that it is needed for the entire area, not just
the Orrin Thompson parcel.
Commissioner Romansky asked what the timeframe would be to determine if a study can be
done to determine whether the Mn/DOT ponds will work. Mr. Loney replied it should
probably only take 2-3 weeks. A two month process is a possibility given review by
Mn/DOT is also needed.
Commissioner Brekke asked if the drainage problem is a MUSA question, platting or
drainage question. Mr. Bilotta stated the drainage problem may be included in the MUSA
property. The platting issue is whether the temporary solution is a solution that the city is
comfortable with or if there is another solution.
Amended Motion: Commissioner Brekke/Link amended the motion to
recommend Option 4 to the City Council.
Vote On Amended Motion: Motion carried unanimously.
The Commission recessed at 8:50 p.m. and reconvened at 9:00 p.m.
City of Shakopee
Special Planning Commission Meeting
April 18, 1996 Page 6
4. 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.
Ms. Baumann stated that the property is 70 acres in size and proposes approximately 174
single family residential lots. The property is currently zoned as farmland, however staff
anticipated that MUSA may be extended to serve this area and reviewed the proposed plat
as if it were zoned Urban Residential (R-1B). The Preliminary Plat can not be approved by
the City Council until such time as the MUSA has been extended and the property has been
rezoned appropriately. Staff recommended the Planning Commission discuss the issue and
provide direction to staff.
Commissioner Link questioned the location of the drainage break on the property. Ms.
Baumann outlined the location of the drainage break between the Mill Pond area and Blue
Lake area.
Commissioner Romansky asked what the ramifications would be if the preliminary plat is
approved and City Council denies the zoning change. Mr. Bilotta stated the City Council
cannot act on this plat until the zoning is in place. The Comprehensive Plan indicates a
single family designation. The plat can not be approved by City Council until the MUSA is
extended and the rezoning has occurred.
Commissioner Mars asked where the drainage pond would be located on the site. Ms.
Baumann noted the location of two ponding areas on the plat. Mr. Loney stated there are
details to work out on operation and maintenance. The grading plan, as well as the
drainage plan, needs to be revised, a drainage profile needs to be provided across the Ames
parcel, and street profiles also need to be revised.
Commissioner Romansky asked if a site has been dedicated for a lift station. Mr. Loney
replied the lift station would be located in the ponding area. Mr. Joel Cooper, Engineer for
Orrin Thompson, noted the actual location of the lift station.
Commissioner Romansky asked if the pond to the north will receive the drainage from the
lift station, will the pond be able to handle this capacity. Mr. Cooper explained a hydraulic
model was prepared which shows pumping to the pond to the north. Basement elevations
have been set to meet the difference in elevations.
Mr. Loney discussed the importance of having an emergency overflow system if the lift
station could not handle a 100-year event. A system will be devised to handle the entire
area to allow water to flow to the east.
City of Shakopee
Special Planning Commission Meeting
April 18, 1996 Page 7
Commissioner Mars questioned if the issue regarding drainage to the east would be
identified prior to the beginning of construction. Mr. Loney stated there should be an
answer within six months; construction of this phase of the development is proposed for two
years.
Lee Johnson. Orrin Thompson stated variances will not be requested in the plat. The plat
will be called Prairie Village. Street names will correspond with historical names associated
with this area and the Marschall Family.
Commissioner Brekke commended Mr. Johnson on his choice of street names. He asked if
there will be open areas for children to play within the plat. Mr. Johnson noted the wooded
areas will remain intact. He understood tot lots were not required. Mr. Bilotta stated the
City has a practice to not accept public tot lots. He did note that the park dedication
requirement will be made in cash, and there is a joint city/school park area proposed to the
east.
Commissioner Meilleur asked if the school has changed its thinking on a location. Mr.
Bilotta noted the school has a number of sites acquired. A full location study is pending.
Commissioner Mars asked Mr. Johnson to review the phasing of the project. Mr. Johnson
reviewed the project's phasing. The main access will be onto St. Francis until a collector
street is constructed. The first phase will involve 45 lots.
Commissioner Mars asked if there would be a northerly access during Phase Two of
construction. Mr. Johnson replied it would depend on development. He felt that Sarazin
Street could handle all the traffic. Mr. Bilotta agreed and noted there would most likely be
a road extending southerly to connect with Faribault Street before Faribault Street is
constructed. Mr. Loney explained there will be more than enough roads to handle the
development.
Commissioner Romansky asked if there will be any way to get to the proposed park by way
of sidewalks or bike trails. Mr. Bilotta replied the park is still in concept, and there has not
been any firm planning of its access points. There will be a trail going north/south along
Sarazin Street, and a trail will be on 17th and Faribault Street.
Motion: Commissioners Mars/Brekke moved to close the public hearing.
Vote: Motion carried unanimously.
City of Shakopee
Special Planning Commission Meeting
April 18, 1996 Page 8
Commissioner Brekke asked if it would be possible to split the plat into two sections given
the number of drainage issues. Mr. Bilotta asked if the intent would be to look at this at the
May meeting and discuss only the north half. Mr. Loney asked for direction from the
Planning Commission and suggested bringing back a list of conditions for approval of the
plat.
Commissioner Madigan identified grading, drainage profile, and drainage plan as issues to
be resolved.
Commissioner Mars asked if this will be the start of the drainage going to the east, would a
trail need to be provided in the ditch area. Mr. Loney stated nothing has been designed yet,
but a ditch system is a possibility. A trail would need to be discussed. Mr. Bilotta stated
there are opportunities to bring a trail to this development from the proposed park.
Commissioner Brekke asked if it even makes sense to recommend approval of a preliminary
plat when a drainage plan has not been created. Lift station issues also need to be resolved.
Mr. Bilotta stated the entire plat needs to be addressed, but there could be conditions set on
the southern half when the final plat is considered.
Motion: Commissioners Mars/Romansky moved to table action on this item to the
May 9, 1996, meeting pending the solution of the identified issues.
Vote: Motion carried unanimously.
7. OTHER BUSINESS
There was no other business.
8. ADJOURNMENT
Chair Madigan adjourned the meeting at 10:00 p.m.
4) I
MEMO TO: Barry A. Stock, Acting City Administrator
FROM: Bruce Loney,Public Works Director e
SUBJECT: Report on Contingency Amounts on Public Improvement Projects
in the Last Two Years
DATE: April 26, 1996
MEETING DATE: May 7, 1996
NON-AGENDA INFORMATIONAL ITEM:
At the April 16, 1996 Council meeting, City Council directed staff to prepare a report on
the amount of contingency used on public improvement projects for the last two years.
Attached to this memo is a list of projects with original contract amounts, quantity change
amounts, change order amounts, final contract amounts and percentage change from the
original contract to the final contract. In review of the projects, the Rahr Service Line
Improvement Project was the one project that was increased up to the 10% contingency
amount that is usually authorized by Council for staff to use on projects. All other
projects at this time are under 5%of contingencies for public improvement projects.
The list of projects shown here are ones that are completed or near completion. Several
other projects in the last two years have not been completed or are not far along to make
an accurate determination of contingency to be used on that project.
If there are any questions in regard to this report, please feel free to contact me in my
office.
BL/pmp
CONTINGENCY
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SHA.KOPEE April 16, 1996
Gemplus Service Bureau
5288 Valley Industrial Blvd. So.
Shakopee, MN 55379
RE: Street Light at Valley Ind. Blvd. So. and C.R. 83
To Whom It May Concern:
Please find attached correspondence in regard to a street light at County Road (C.R.) 83
and Valley Industrial Blvd. So. The City of Shakopee has sent a letter to Scott County
Highway Department to investigate a street light warrant study for this intersection. Our
request for a street light warrant study was precipitated by a letter from Dennis Nybo of
Nybo Manufacturing Inc. located at 4500 Industrial Blvd. in Shakopee.
At this time, the City has not heard back from Scott County as to the street light warrant
analysis. If you have any further questions in regard to this matter, please contact me at
445-3650 and we can discuss this matter further.
Sincerely,
Bruce Loney, P.E.
Public Works Directo
BL/pmp
GEMPLUS
cc: Jeff Henderson, Mayor City of Shakopee
Barry Stock, Acting City Admin.
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South Sha}.epee,.'lir.n > to 5337Q-1351 n12-44:-3r3O F:?\ t.1_-4-33_,,7;`
•
c/tY of K
April 9, 1996
Q sw,q APR 1 0pF5. F
1996
e c P
1
Mayor Jeff Henderson
CITY OF SHAKOPEE
129 South Holmes Street
Shakopee, MN 55379
Re: Dangerous Intersection
Valley Industrial Boulevard South and County Road 83
Dear Mayor:
We,the night shift at Gemplus Service Bureau, (5288 Valley Industrial Boulevard South)would
ask the City Council for its consideration in installing a street light at the intersection of Valley
Industrial Boulevard South and County Road 83. Most of us drive this route and have had
problems at this intersection because of the lack of lighting during the evening hours. It is a very
dangerous intersection without being lit,and we have had a number of close calls(near
accidents), especially in the winter time. Your concern for our safety,and the safety of the other
people who work at the industries along Valley Industrial Boulevard South on night shifts is
appreciated.
Respecri. (--rn, e
tfully, ( •- AT-
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MEMO TO: Barry A. Stock, Acting City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Stop Sign Removals on 10th Avenue/Apgar Street
and Market Street/3rd Avenue
DATE: April 30, 1996
MEETING DATE: May 7, 1996
NON-AGENDA INFORMATIONAL ITEM:
Councilors Burl Zorn and Jane DuBois have requested that staff investigate the removal
of stop signs at the intersections of 10th Avenue and Apgar Street, and 3rd Avenue and
Market Street. This memo is intended to provide the information and direction in regard
to that request.
The intersection of 10th Avenue and Apgar Street is currently a 4-way stop condition.
Apgar Street is currently a County road and 10th Avenue is a Municipal State Aid street
for the City of Shakopee. Apgar Street will be turned back to the City of Shakopee once
Fuller Street has been completed as per the County Cooperative Agreement signed by the
City and the County as of last year. Once the turnback has taken place, the City will have
full jurisdiction of that intersection and a warrant study could be done to see if the traffic
counts have changed in the area and thus may warrant the removal of stop signs on 10th
Avenue or not. Staff would recommend that any stop sign removal at this intersection be
delayed until such time that Apgar Street be turned back to the City, and a decision made
on the future connections of Apgar Street with the Meadows North development. Once
those decisions have been made, a warrant study could be done to determine if traffic
volumes are such to remove stop signs or to leave in place.
At the intersection of 3rd Avenue and Market Street, the stop conditions are on the 3rd
Avenue leg of the intersection allowing for a through movement along Market Street.
Market Street is on the City State Aid System and provides a through route from 1st
Avenue to 4th Avenue allowing emergency vehicles a better response time. The City has
used State Aid Funds in the past to reconstruct Market Street to create a roadway segment
to handle higher volumes of traffic. It is recommended, at this time,that the stop signs on
3rd Avenue remain inplace to keep the through movement or protected status of Market
Street. The Police Chief has been contacted in regard to these stop signs at this location
and recommends also that the stop signs remain inplace for allowing emergency vehicles
protection along this route in responding to calls in this area.
At this time, staff would recommend that no traffic warrant studies be done for these two
intersections unless directed by City Council. For the intersection of 10th Avenue and
Apgar Street, Apgar Street is still under County jurisdiction and its final alignment with
the Meadows North development has not been determined. A traffic warrant study for
stop signs would be appropriate, once Apgar Street is turned back to the City as a local
road and the status of Apgar Street has been determined. With the Market Street and 3rd
Avenue intersection, the City has created a main route on Market Street from 1st Avenue
to 4th Avenue. Stop signs on the lesser street, which is 3rd Avenue, are appropriate when
traffic on the lesser street should stop in order to allow traffic on the major street to
proceed.
If Council wishes to proceed with a traffic warrant study for these intersections, this item
could be placed under other business and Council could vote to direct staff to perform
these traffic warrant studies at times that are appropriate.
BL/pmp
STOP
ILI
NON-AGENDA INFORMATIONAL ITEM
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE : May 1, 1996
RE: PROSECUTION COURT CHARTS
Attached for your information are the final prosecution court
charts . We attempt to prepare these charts each month to show the
prosecution workload in this department, but have been unable to
keep up with them this year due to the staff shortage. Scott Joint
Prosecution took over prosecution on April 29, so this final chart
lacks the information for two days in April . The charts clearly
show the large number of court appearances required each month, and
the dramatic increase since 1991 . (Note: there is no notation for
January and February, 1991, because we did not keep track of court
appearances until March 1991 . )
If you have any questions about these, please let me know.
Signed '219r • (}-
' 117Karen Mar y, Cit ttorney
KEM:bjm 6/
[19MEMO2]
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TO: Shakopee Public Utilities Commission
FROM: Gregg Voxland, Finance Director
RE: Annual Financial Report
DATE: May 1, 1996
I would like to have the annual financial report for the city
(includes SPUC data) completed as early as possible. Earlier
completion gets information to managers and policy makers while it
is more current and data is available for other purposed such as
insurance renewals (should be done in April) , planning, etc.
One of the major pieces in being able to complete the report
sooner is having the subsidiary reports that roll into the City
report including the SPUC report, finished as soon as possible.
Shown below is historical data of the date of the SPUC auditor' s
opinion indicating the completion of field work. The report is
done soon thereafter.
1995 open
1994 3/18/94
1993 4/30/94
1992 4/26/93
1991 5/7/92
1990 3/15/91
1989 2/20/90
1988 2/28/89
1987 2/17/88
1986 2/9/87
1985 3/5/86
1984 2/18/85
The last few years have had later completion dates. A committment
by SPUC Commissioners to have their report completed by the
earlier time frame indicated above (early March) would be greatly
appreciated. There is a statuatory deadline of June 30th for the
report to be send to the state. There are also numerous other
reports and actions based on the financial report that have to be
completed by 6/30 .
CC: City Council
4419
NON-AGENDA INFORMATIONAL
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: May 1, 1996
RE : Lease of Water Tower Space
We have received a sample lease and related information from
the League of Minnesota Cities for leasing space on water towers
for antennas . Since this has been discussed by the Council a
couple of times, I thought you might find the attached summary of
leases interesting. It shows the different lengths of the leases
as well as the highly variable rent amounts .
This is for your information.
Signed "_„,___4d-Zt:)
Karen Marty, City/Attorney
KEM:bjm
[1MEMO]
Attachment
145 University Avenue West, St. Paul, MN 55103-2044
Longue of Minnesota Cities Phone: (612) 281-1200 • (800) 925-1122
Cities promoti g excellence Fax: (612) 281-1299 • TDD (612) 281-1290
April 23, 1996
TO: Manager, Administrator, Clerk
FROM: Ann Higgins, IGR Representative
RE: Examples of tower/antenna lease agreements
Below is a listing of cities from whom the League has either information and/or examples of
current or previous lease agreements with cellular, paging, PCS or other wireless
telecommunications service providers. Our effort here is to provide you with some general
guidance on the experience of cities in concluding arrangements to provide public space on
water towers or other city-owned property for tower or antenna facilities.
In February, we initially surveyed cities to learn more about what types of arrangements cities
were successful in concluding for the management and siting of telecommunications towers
and antennas. It is evident that cities must exercise care to carry out leasing/pricing
negotiations to meets their needs while not taking any actions that would raise price-fixing
concerns on the part of telecommunications companies.
Examples of lease terms and monthly/annual rents:
City Term Payment
Bloomington 5 yr. renewable; $750/mo.; $900/mo.
2 additional 5yr. on first renewal;
terms $1,080/mo. - 2nd term
Brooklyn Park 1 yr. renewable $405/mo.
Burnsville 5 yr. renewable; variable, depending on
additional 5 yr. single or multi-use;
term 3 percent/CPI increase
Circle Pines 6 yr. renewable; no amount stated;
3 additional 6 yr. annual payment in
terms advance; 3 percent
increase multiplied by
# yrs. in expiring term
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Edina 4 yr. renewable; $12,000/yr. - equal
4 additional 5 yr. monthly installments;
terms formula increase over
extended lease period
Minnetonka 5 yr. renewable; no amount stated;
3 additional 5 yr. 5 percent increase
terms
North St. Paul 5 yr renewable; $700-750/mo.; 3-4
25 yr. term percent increase
Prior Lake 5 yr. renewable; $700/mo. in advance;
4 additional 5 yr. renewal increases based
terms on CPI (5 percent cap)
Robbinsdale 3 yr. renewable; $800/mo.; increase
4 additional 3 yr. based on CPI
terms
Spring Lake Park 5 yr. renewable; $500/mo. renewable
4 additional 5 yr. terms based on CPI
terms (capped at 20 percent)
Renewal Terms
Cities should be mindful to exercise their best interests in negotiating lease renewal
terms. The following information may be helpful in that regard.
Bloomington: provides lessee with right to extend lease for renewal terms. At the end of the
2nd renewal term a one-year extension is provided, and annually thereafter. The lessee must
give of the lessee's intention to extend the term of the lease at least 6 months prior to the end
of each lease or extended term. The city or the lessee may terminate the lease during any of
the one-year renewal periods by giving a notice to the other at least 60 days before the end of
any such period.
Brooklyn Park: renewals for successive 12-month periods are automatic unless either the city
or the lessee give written notice of intent to terminate the lease at least 9 months prior to the
expiration of the term of the initial or subsequent terms.
Burnsville: automatic renewal for successive 5 year terms unless either the city or the lessee
serves written notice at least 60 days prior to the expiration of the lease (or any extension).
Termination is provided to either party upon 90 days written notice. Upon expiration or
termination, the lessee has 30 days to remove all equipment and to make necessary repairs to
the premises.
Circle Pines: the lessee may extend the term of the lease for three additional 6-year periods.
The lessee is obligated to extend the term for each successive period unless the lessee gives the
city written notice of its intent not to extend at least 30 days prior to the expiration of the
current term.
Edina: the lessee may extend the 12-month term by giving notice to the city at least 6 months
before the end of the period.
Minnetonka: the lessee may extend the lease for three additional 5 year renewal periods.
The lease is automatically renewed for each successive term unless (a) the lessee notifies the
city of its intent not to renew at least 90 days prior to the expiration of the initial or renewal
term; or (b) the city notifies the lessee of its intent not to renew the least at least 90 days prior
to the expiration of the initial or renewal terms. At the end of the third 5 year extension, if the
lease has not been terminated by either party by giving written notice at least 180 days prior to
the end of that term, the lease agreement shall continue for another 1 year period and for
annual terms after that term until either party gives the other written notice of intent to
terminate at least 180 days prior to the end of that term.
Prior Lake: the lessee may extend the lease for four additional 5 year renewal terms. The
lease is automatically renewed for each successive term unless the lessee notifies the city of its
intent not to renew at least 60 days prior to the expiration of any such term or the lessee is in
default of any of the terms and conditions of the lease. If either the city or the lessee gives
such notice to the other party, the lease terminates 365 days from the date the notice was
given.
Spring Lake Park: the lessee may extend the lease for four additional 5 year periods. The
lease is automatically renewed for successive terms unless the lessee notifies the city of its
intent not to renew at least 30 days prior to the expiration of the initial or any renewal term.
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee,MN May 9, 1996
Chairperson Terry Joos Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of April 4, 1996,Meeting Minutes
4. Recognition by Board of Adjustments and Appeals of Interested Citizens.
5. 7:30 P.M. Public Hearing:To consider an application for a Conditional Use Permit for an eight foot(8')
fence on the property located at 1440 West Third Avenue.
Applicant: Cletus Link
Action: Resolution No. 750
6. 7:35 P.M. Public Hearing:To consider an application for a Conditional Use Permit for exterior storage,
vehicle repair and more than one principle structure on a lot for the property located east of CR 89,
south of Patch 1st Addition, north of Boiling Springs Lane.
Applicant: Eugene Hanson
Action: Resolution No.751
7. 7:40 P.M. Public Hearing:To consider an application for a Conditional Use Permit to allow an
embroidery service to be operated out of the home located at 1203 Dakota Street.
Applicant: Bruce Glesmann
Action: Resolution No. 752
8. Other Business
9. Adjourn
Paul Bilotta
Community Development Director
Note to the BA.A.A.Members:
I. If you have any questions or need additional information on any of the above Items,please call Nicole or Shelly on the Monday or Tuesday prior to the
Meeting.
2. If you are unable to attend the meeting,please call the Community Development Department prior to the meeting.
0:\comomdev\boaa-pc\I 996\may09pc\agenda.boa)
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN May 9, 1996
Chair Gayl Madigan Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Recognition by Planning Commission of Interested Citizens.
4. Approval of Consent Agenda- (All items listed with an asterisk (*) are considered to be routine by
the Planning Commission and will be enacted by one motion. There will be no separate discussion
of these items unless a Commissioner so requests, in which event the item will be removed from the
consent agenda and considered in its normal sequence on the agenda).
5. * Approval of the April 4, and April 18, 1996, Meeting Minutes
6. 7:45 P.M. Public Hearing (continued from April 4, 1996, meeting): To consider the
preliminary plat of Samantha Woods Addition, formerly known as Pine Woods Addition, located
on the south side of County Road 16 east of Roundhouse Circle, across from Shakopee Towing.
Applicant: James and Mary Monnens
7. 7:50 P.M Public Hearing: To consider an amendment to the St. Francis Medical Campus Planned
Unit Development to construct an approximately 5,800 square foot Radiation Therapy and
Oncology Center and to allow for general expansion on the campus, as long as said expansions do
not exceed the ultimate square footage and parking allotments.
Applicant: St. Francis Regional Medical Center
8. 7:55 P.M. Public Hearing (continued from April 18, 1996): To consider the preliminary plat for
Prairie Village, located directly east of the new St. Francis Regional Medical Center.
Applicant: Orrin Thompson Homes
9. 8:00 P.M.Public Hearing To consider the rezoning of seventy (70) acres of land located directly
east of the new St. Francis Regional Medical Center, from Agricultural Preservation (AG) Zone to
Urban Residential (R-IB) Zone.
Applicant: Orrin Thompson Homes
10. Final Plat: To consider the final plat for Pinewood Estates, located adjacent and south of 4th
Avenue and adjacent and west of Shenandoah Drive.
Applicant: Barrington Corp.
11. 8:05 P.M. Public Hearing: To consider an amendment to Chapter 11, The Zoning Chapter, for a
Text Amendment to modify the standards for governmental, institutional and recreational signs in
all Residential Zones per Section 11.70, Subd. 9, Item D, of the Shakopee City Code.
Applicant: City of Shakopee
12. 8:10 P.M. Public Hearing (continued from April 18, 1996): 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
13. 8:15 P.M. Public Hearing: To consider an amendment to Chapter 11, The Zoning Chapter, for a
Text Amendment to revise the definition of "front lot line"as applied to corner lots, Sec. 11.02,
Item 65, of the Shakopee City Code.
Applicant: City of Shakopee
14. Other Business
a. Corner Lots
b. Fences on Corner Lots
c. Street Naming Policy
d. Exterior Building Materials
e. CIP
f. Planning Commission Submittal Deadlines
15. 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 Community Development Department prior to the meeting.
is\conundev\boaa-pc\1996'\mavO9pc\agenda.pc
#1g
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT - APRIL 1996
April 1996 April 1995
No. No. Valuation No. No. Valuation
Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D.
Single Family-Sewered 22 56 5,295,744 6 19 1,802, 545
Single Family-Septic 3 7 1,270,715 2 4 792,858
Multiple Dwellings 2 9 2,355,807 2 4 1, 668,409
(# Units) (YTD Units) (14) (37) - (8) (24) -
Dwelling Additions 26 29 88,520 22 31 134,217
Other 4 6 790,350 1 1 200
New Comm. Bldgs 1 2 1,265,414 2 3 4,790,000
Comm. Bldg. Addns. - - - - 1 35, 000
New Industrial-Sewered - - - - - -
Ind. Sewered Addns. - - - - - -
New Industrial-Septic - - - - - -
Ind. Septic Addns. - - - - - -
Garages/Accessory Bldgs. 3 8 120, 087 3 5 53,952
Fences 7 7 5,977 14 24 55,259
Fireplaces/Wood Stoves 1 4 5,700 - 3 4,200
Grading/Foundation 2 6 185, 000 - 2 348, 000
Moving - - - - 1 -
Razing - 2 700 1 10 25,985
Remodeling (Res. ) 8 22 205,011 6 25 162, 685
Remodeling (Comm/Ind. ) 5 12 310,460 4 14 544,568
TOTAL 84 170 11,899,485 63 147 10,417,878
No. YTD. No. YTD.
Electrical 85 218 47 157
Plumbing & Heating 114 294 39 117
Total dwelling units in City after completion of all construction permitted
to date 5, 556
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN APRIL, 1996
11696 Valleyfair One Valleyfair Drive Sky Coaster 290,000
11697 Laurent Builders 2624 Lakeview Drive House 154,759
L 2 B 2, Stonebrooke 1st
11698 Novak Fleck 168 Bluestem Avenue West House 88,263
L 4 B 3, Meadows West 2nd
11699 Rite-Way Waterproofing 1018 Clay Street Drain Tile 2,950
11700 Valleyfair One Valleyfair Drive Booth 15,000
11701 Novak Fleck 385 Bluestem Avenue Remodel 8,600.
11702 Robert Wettergren 1308 Pondview Court Fence 1,327
11703 Novak Fleck 247 Bluestem Avenue West House 89,995
L 11 B 2, Meadows West 2nd
11704 Novak Fleck 166 Foxglove Lane House 89,502
L 17 B 2, Meadows West 1st
11705 Novak Fleck 147 Bluestem Avenue West House 91,873
L 16 B 2, Meadows West 2nd
11706 James Monnens 1004 E. Fourth Avenue Remodel 22,000
11707 Chet Borg 246 Foxglove Lane Deck 700
11708 Michael Hammerschmidt 324 Alexander Court Fence 2,000
11709 Allied Fireside 837 West 5th Avenue Stove 1,800
11710 Max Gonzalez 1558 Thistle Lane Deck 1,792
11711 Earl Weikle 1515 St. Francis Avenue Tenant Finish 107,000
11712 Valleyfair One Valleyfair Drive Food Bldg. 130,000
11713 Betty Menden 615 Spencer Street Deck 2,500
11714 Thomas Youngblom 1728 Thistle Lane Remodel 9,506
11715 Michael Allison 129 Foxglove Lane Deck 2,464
11716 Laurent Builders 1324 Applegate Lane House 92,000
L 1 B 1, Orchard Park 1st
11717 Kevin Bergs 1173 Shawmut Street Fence 200
11718 John Klingelhutz 534-552 Roundhouse Street Foundation 30,000
11719 John Klingelhutz 570-584 Roundhouse Street Foundation 30,000
11720 G. F. Juergens 416 Hampton Circle House 230,000
L 1 B 4, Beckrich Park Estates
11721 Mark Kunzer 1408 Homestead Street Fence 250
11722 William Wellner 952 So. Shumway Street Deck 672
11723 K. H. Homes 1698 13th Avenue West House 90,000
L 5 B 3, Minnesota Valley 8th
11724 K. H. Homes 1791 Presidential Lane House 90,000
L 4 B 2, Minnesota Valley 8th
11725 Citizens State Bank 1100 East 4th Avenue Remodel 2,750
11726 King Homes 1438 Homestead Street House 101,000
L 3 B 2, Homestead Ridge 2nd .
11727 Metro Prairie Const. 1457 Homestead Street House 123,000
L 5 B 1, Homestead Ridge 2nd
11728 Chad Kraayenbrink 8327 Horizon Drive Storage Bldg. 15,264
11729 Matt Doyle 155 Bluestem Avenue Remodel 7,036
11730 Robert Trutnau 420 Dakota Street Remodel/Deck 3,000
11731 Rich Logeais 175 Bluestem Avenue Remodel 2,399
11732 Rich Logeais 135 Bluestem Avenue Remodel 4,473
11733 Sunset Homes Corp. 1668 Parkway Avenue House 89,003
L 18 Block 3, Prairie Bend 1st
11734 Terrance LeSage 2185 Granite Drive Deck 2,000
11735 David Zeidler 1277 Granite Court Deck 1,960
11736 Valleyfair One Valleyfair Drive Booth 48,400
11737 Rich Logeais 1508 Homestead Street House 101,614
L 7 B 2, Homestead Ridge 2nd
11738 Rich Logeais 1427 Homestead Street House 102,677
L 2 B 1, Homestead Ridge 2nd
11739 Novak Fleck 1368 Whitney Street House 80,454
L 1 B 2, Meadows West 2nd
11740 Novak Fleck 227 Bluestem Avenue West House 80,454
L 12 B 2, Meadows West 2nd
11741 Kevin Suel 2094 Bridge Spur Garage 5,000
11742 K. H. Homes 1690 13th Avenue West House 100,000
L 7 B 3, Minnesota Valley 8th
11743 Dick Hennes 1040 Eastview Circle Porch 13,500
11744 Laurent Builders 456 Braeburn Drive House 88,000
L 3 B 4, Orchard Park 1st
11745 LeRoy Mather 1012 So. Atwood Street Fence 300
11746 Mark Maruska 676 Barrington Drive House 197,232
L 4 B 5, Beckrich Park Estates
11747 Kingsley Ellingson 329 Shawnee Trail Porch 8,000
11748 Scott County 428 South Holmes Remodel 3,000
11749 Scott County 428 South Holmes Remodel 10,000
11750 Keyland Homes 1684 Greenway Avenue House 104,900
L 4 B 4, Prairie Bend 1st
11751 Novak Fleck 267 Bluestem Avenue West House 91,783
L 10 B 2, Meadows West 2nd
11752 J. Scotty Builders 1744 Greenway Avenue House 105,000
L 2 B 4, Prairie Bend 1st
11753 Michael Pugliese 1508 Thistle Lane Deck 3,528
11754 Kirk Kilker 1827 Greenway Avenue Deck 2,300
11755 Jake Phothisanh 304 Alexander Court Deck 3,080
11756 Tom Greening 1100 So. Pierce Street Fence 900
11757 Dennis Roggeman 1454 Roundhouse Circle Deck 1,500
11758 James Graff 750 So. Atwood Street Fence 1,000
11759 Jeff Temp 1758 Thistle Lane Remodel 6,337
11760 Keith Hartman 1424 Monarch Street Deck 2,898
11761 Wayde Santama 1180 Minnesota Street Deck 1,176
11762 David Duff 1192 Jackson Street Deck 1,680
11763 Main Event 911 East 1st Avenue Windows 1,000
11764 Kevin Angell 1292 Emerald Lane Deck 2,044
11765 Tim Theis 1227 Granite Court Deck 1,960
11766 Stan Pint 1710 13th Avenue West Deck 1,200
11767 James Mayer 1612 Roundhotte Street Deck 2,408
11768 Jay VanderLeest 1267 Granite Court Deck 1,764
11769 Cottage Homesteads 436-442 Sarazin Street Condominiums 245,641
L 1 B 1, Canterbury Pointe
11770 John Klingelhutz 601-619 Roundhouse Street Condominiums 626,375
L 3 B 2, Prairie Bend 1st
11771 Steven Bouley 1033 Eastview Circle Deck 2,500
11772 S.R.C. Sunrooms 330 Shawnee Trail Porch 11,684
11773 Novak Fleck 108 Bluestem Avenue West House 90,783
L 1 B 3, Meadows West 2nd
11774 Laurent Builders 1364 Applegate Lane House 84,000
L 5 B 1, Orchard Park 1st
11775 Scott Burnside 249 Foxglove Lane Deck 1,344
11776 Laurent Builders 496 Braeburn Drive West House 100,000
L 1 B 4, Orchard Park 1st
11777 John Klingelhutz Prairie Bend 1st Addn. Postal Shelter 6,379
11778 Bloch Homes 302 Adams Street Deck 4,400
11779 Christine Valinski 504 West 2nd Avenue Porch 4,000
TOTAL: $4,379,233
/CI
NON-AGENDA INFORMATIONAL
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: May 2, 1996
RE: Work Update
As you know, Scott Joint Prosecution began prosecuting for the
City of Shakopee on Monday, April 29, 1996 . I now am able to fully
return to civil legal work. You should see a substantial change in
the work generated by this office .
While prosecuting, I had to spend nearly full time on criminal
matters . The few remaining hours per week were spent on what I
call "minor" legal matters, such as drafting simple ordinances,
preparing or reviewing resolutions, preparing and reviewing
contracts, responding to phone calls, etc. These "minor" legal
matters are supportive of other staff in other departments, and
generally come to the Council under a memo from another department .
I have had time to prepare only the quickest and easiest legal
matters under my own name.
Now that I am free to pursue civil legal matters full time, I
have organized my work into a priority ranking. I thought you
would like to review this list . If you believe that I have missed
anything, or the priority ranking is incorrect, please let me know.
Signed
K ren Mar , City A torney
r
KEM:bjm
[2MEMO2]
Attachment
cc : Barry Stock
CIVIL WORK PROJECTS
MINOR:
Approximately 2-4 hours per day on drafting and review of
simple contracts, leases, ordinances, and resolutions;
providing "quick" legal opinions requested by various City
departments; handling phone calls; and responding to mail .
MAJOR:
Registration of Title for Market Place : Make sure all City
easements and right-of-ways are protected. (high priority due
to extremely short deadline)
Condemnation of Blocks 3 & 4 : Prepare and file condemnation
papers .
Draft telecommunications ordinance based on model ordinances .
Draft ordinance requiring real estate brokers to disclose the
zoning of property nearby.
Draft subdivision regulations and revisions as appropriate for
Subdivision Review Committee .
Prepare cable TV ordinance revision for deferral .
Prepare adult use ordinance and memo.
Freeway Sanitary Landfill case : Respond to extensive
questions from insurer.
Haasken v. City: File final papers to close case.
Hentges v. City: File Informational Statement and prepare
interrogatories and requests for production of documents .
Set up hearings regarding tobacco ordinance violations .
City v. B. I .A. : Research source of title to Indian lands.
Prepare 1996 update of City Code, incorporating all ordinances
which have been adopted since last update (in early 1995) .
Review court fine revenue to see if Court is submitting the
correct amount to the City.
Pursue franchise with NSP.
Summarize new laws for City departments .
Summarize new case law for City departments .
Thin or eliminate old procedures which increase the City' s
liability.
[2MEMO2
5-01-1 996 9:22PM FROM SHAKOPEE COM CENTER 445 8172 P. 2
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1996 DAILY ADMISSION REPORT
APRIL
ADMISSIONS PAYING ADMISSIONS MEMBERSHIPS PUNCHCARDS
W A S A A
M E I A E F S M E
D A T E SR M D Y E R A A Y E E R
A K A M S T O P U U N O M U U N M O
TI C B E EB W A L T O B I L T I B B
E
NK E P I C T H R I L T H O E I
G R C T S S C Y R R C
S S S
FREE CARD CLASSES $2 $1 $1 $2 $110 $70 $50 $35 $35
1 121 60 14 11 13 42 13
2 114 48 9 57
3 121 44 19 7 30 51 9
4 113 65 20 97
5 69 61 30 72 _
6 58 45 13 43 68 3 1
7 closed
8 101 56 13 9 15 26 9 1 1 1
9 55 45 11 21 1
10 62 35 7 8 1 16 11 1 1
11 49 46 3 37 1
12 69 20 18 4 1
13 61 24 5 10 14 2
14 55 27 17 32
15 108 48 14 9 14 35 11 1
16 50 40 18 24
17 43 42 13 6 10 29 6 1
18 60 44 11 27
19 31 20 18 1
20 23 26 9 24 18 4
21 36 38 13 28 1
22 63 48 9 5 16 25 1 6 1 1
23 55 30 9 10
24 36 45 14 10 5 30 12
25 59 23 6 23
26 47 20 17 6 1
27 34 25 6 24 1
28 21 20 4 27
29 49 43 9 10 10 20 9
30 52 36 17 14 1
TOTAL 1815 1124 145 75 394 895 1 96 8 1 3 5
Walking track count does not include members using track.
As of April 30, 1996 - Family Membmerships sold to date -95
Individual Memberships -32
Oa
Scott Joint Prosecution Association
Patrick J. Ciliberto
Lisa A. Skoog
129 South Holmes Street
P.O. Box 197
Shakopee, Minnesota 55379
(612) 445-7724
(612) 445-7728 (Fax)
May 2, 1996
Mr. Barry Stock
Acting City Administrator
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Dear Barry:
As you are aware, we began representing the City of Shakopee in criminal
matters/appearances on Monday, April 29, 1996.
Rather than have Ms. Marty continue with criminal files already in progress, representing
crimes committed prior to April 29, 1996, we earlier requested to be given all open Shakopee
criminal files, at whatever stage they were.
We received a total of 260 " open" files between April 15th and April 29th. In reviewing
these "open" files we realized that some of these files were apparently considered "open" by
Shakopee based on the fact that bench warrants were issued on defendants who did not appear
as and for scheduled criminal appearances. We will not formally open under our system any file
received from Shakopee unless we receive a court hearing/notice/date from the Scott County
Court Administrator, excluding probation revocations. We do not intend to open a file simply
based on a probation revocation.
Of the total number of 260 files received, we opened under our system 121 files to date.
These 121 files represented defendants having court appearances and trials scheduled for April
29 & 30, May and June of 1996. 102 of the 121 files have appearances and/or trials scheduled
in May of 1996. 6 files represent appearances/trials scheduled, to date, in June. 13
appearances were made on April 29 - 30, 1996.
Upon review of the total number of files received, we also note that formal complaints are
due on 11 files for offenses dated back to March 6, 1996. These 11 files will be opened by us in
May of 1996.
Based upon what we have reviewed, to date, we know we will open under our system not
less that 132 files between approximately April 16th and May 6th. From this number we know we
will be making court appearances and/or handling trials on not less than 121 defendants in an
approximate 30 day period.
Prosecuting Attorneys for the Cities of:
Belle Plaine • Elko •Jordan • New Market • Prior Lake • Savage • Shakopee
Page 2 of 2
May 2, 1996
We assume that these initial numbers represent, for whatever reason, a total aberration,
since we were previously informed by Shakopee that 572 gross misdemeanors and petty
misdemeanors were handled by the city in all of 1995.
These numbers have effect on the police department, of course, concerning officers
scheduled for trial testimony and/or contested hearing appearances. I will keep the police
department directly informed.
If you have any questions concerning any of the above, please contact me.
Ve truly yours,
1111
Patric J. Ciliberto
PJC:Ial
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE, MINNESOTA MARCH 19, 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 Bilotta, Community Development
Director; and Bruce Loney, Public Works Director/City Engineer.
Sweeney/Zorn 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.
Betty Vinston, 628 E 3rd Avenue, approached the podium and requested that parking be allowed on
the east and west sides of Adams Street between 6th and 10th Avenues, on April 1st. There will be
Boy Scout Awards that night and the parking lot to the Boy Scout barn is expected to be too muddy
for parking.
Sweeney/Zorn moved to grant the Boy Scout request for parking along both sides of Adams Street
between 6th and 10th Avenues on April 1st.. Motion carried unanimously.
Bill Von Bank, Executive Director, Shakopee Convention & Visitors Bureau, approached the
podium and gave an update on the 1996 Budget and Marketing Efforts. This year the focus is to
attract more off season business. The projected budget is just under $116,000 for the year. To date
they are on budget. In response to a question as to why particular trade shows are targeted, Mr.
Von Bank explained that grouptravel shows have a greater impact than the individual public. Trade
P
shows can also be tracked through coded hotel coupons.
Paul Bilotta explained that he had requested the Metropolitan Council to provide an interim MUSA
expansion possibility so as to prevent the City from running out of buildable lots in the short term.
The Metropolitan Council suggested an interim MUSA expansion dealing with the 192 acres of
single family that was worked out in the Chaska Interceptor.
Discussion ensued relating to MUSA expansion and the Chaska Interceptor.
DuBois/Sweeney moved to schedule a work session for April 9th to discuss the Metropolitan
Council issues. Motion carried unanimously.
Official Proceedings of the March 19, 1996
Shakopee City Council Page -2-
Sweeney/Zorn moved to direct the appropriate City officials to refer the Metropolitan Council
MUSA expansion possibility for Shakopee to the Planning Commission. Motion carried
unanimously.
Sweeney/Link moved to receive and file the claim letter filed against the City from Mr. John E.
Grzybek regarding CR-18 noise violations and mitigation. Motion carried unanimously.
The public hearing on the proposed vacation of the west one-half of Cass Street between 3rd and
4th Avenues and the alley in Block 40 was opened.
Mr. Bilotta explained the request and that the planning commission has recommended approval.
There being no one in the audience who wished to comment and no further discussion the public
hearing was closed.
Link/DuBois offered Resolution No. 4416, A Resolution of the City of Shakopee Vacating an
Alley in Block 40, Original Shakopee Plat, and the West Half of Cass Street Between 3rd Avenue
and 4th Avenue, and moved its approval. Motion carried unanimously.
Sweeney/DuBois offered Resolution No. 4417, A Resolution of the City of Shakopee, Minnesota,
Approving the Final Plat for Westridge Lake Estates 2nd Addition, subject to the conditions set
forth in the Planning Commission recommendations, and moved its adoption.
Discussion ensued relating to water testing requirements.
Motion carried unanimously.
Discussion ensued relating to the Pinewood Estates Planned Unit Development density, designation
of dwellings, and a change in use.
Zorn/Sweeney offered Ordinance No. 449, An Ordinance Of The City Of Shakopee, Minnesota,
Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Commonly
Known As The Southwest Corner Of 4th Avenue And Shenandoah Drive, Behind The Shakopee
Ballroom, From R-1B To Planned Unit Development Overlay Zone No. 8, and moved its
adoption.
Dale Dahlke, 606 Barrington Dr., Shakopee, approached the podium and explained that if any
subdivision ordinances are changed it would affect the way he plats the area. He asked that he be
notified of any changes to avoid an additional PUD.
Official Proceedings of the March 19, 1996
Shakopee City Council Page -3-
Discussion ensued relating to the developer's option of using the Townhouse or Condominium
concept without having to do another PUD should any subdivision decisions change.
Motion carried unanimously.
DuBois/Zorn moved to authorize the appropriate City officials to execute a contract agreement with
WSB & Associates, Inc. for municipal engineering services. Motion carried unanimously.
Zorn/DuBois moved to authorize the appropriate City Officials to execute an extension agreement
with WSB & Associates, Inc. for the construction surveying services for Vierling Drive, from C.R.
79 to C.R. 77, Project No. 1995-6. Motion carried unanimously.
Zorn/Link moved to approve the bills in the amount of$490,384.89. Motion carried unanimously.
Sweeney/Link moved to approve the applications and grant a Consumption and Display (Set-up)
License to the Fraternal Order of Eagles, 220 West 2nd Avenue and to the Shakopee Ballroom &
Banquet Center, Inc., 2400 East Fourth Avenue. Motion carried unanimously.
Cncl. Sweeney abstained from discussion of the Easement Acquisition for the 17th Avenue and
Sarazin Street improvements.
Bruce Loney explained that permanent and temporary easements from Sharon Bernhagen and
Elmer and Harold Marschall are required to allow construction of the roadway improvements. An
acceptable offer has been received from Ms. Bernhagen's attorney. The total amount of
compensation for easements for Ms. Bernhagen's property is $124,510.00 for right-of-way
acquisition both permanent and temporary along 17 Avenue and Sarazin Street. Elmer and Harold
Marschall have verbally agreed to a price of$20,000 per acre for their residential property abutting
Sarazin Street. The total amount of compensation for the Marschall's easement is $24,088.61.
Zorn/Link moved to approve the payment of $124,510.00 for the execution of permanent and
temporary easements as described on Easement No. 96-1R for Project No. 1996-1 and for the
execution of Hearing and Appeal Waiver for Public Improvements - Sharon Bernhagen. Motion
carried with Cncl. Sweeney abstaining.
DuBois/Link moved to approve the payment of $24,088.61 for the execution of permanent and
temporary easements as described on Easement No. 96-2 for Project No. 1996-1 and for the
execution of Hearing and Appeal Waiver for Public Improvements - Elmer and Harold Marschall.
Motion carried with Cncl. Sweeney abstaining.
Barry Stock explained that the rate increase for the renewal of long term disability employee group
insurance is 8.8 percent. This new rate is lower than the second lowest quote received in 1993 and
is still 10 percent less than paid in 1993. Discussion followed relating to the rate increase.
Official Proceedings of the March 19, 1996
Shakopee City Council Page -4-
Sweeney/DuBois moved to authorize renewal of the employee group insurance policy for long term
disability insurance with Fortis Benefits for 1996. Motion carried unanimously.
Zorn/DuBois moved to authorize the purchase of one John Deere F1145 and attachments from
Siemon Implement of Belle Plaine, per their quotation of $24,736.76, to be purchased out of the
Capital Equipment Fund.
Discussion ensued relating to meeting specifications and accepting bids.
Motion carried unanimously.
Bruce Loney proposed three alternatives and requested direction in filling the Staff Engineer
position. He recommended advertising for the Civil Engineer position with the understanding that
someday it would be upgraded to an Assistant City Engineer. Discussion followed relating to the
need for an Assistant City Engineer versus a Civil Engineer and job descriptions.
Link/Sweeney moved to authorize the appropriate City staff to advertise for an Assistant City
Engineer position and to create the proper job description. Motion carried unanimously.
Barry Stock explained that the federal communications act of 1995 included a number of provisions
that will have an impact on local government authority with respect to various telecomunications
services. Under the act cable companies providing telephone services would not be required to
obtain any kind of local franchise or to pay a franchise fee for the provisions of television services.
For this reason a number of cities are considering right-of-way ordinances as a way to generate
revenue and to put telephone companies on an even plane with cable companies. He suggested
reviewing the ordinances being implemented in other nearby communities before adopting an
ordinance for Shakopee.
Discussion ensued relating to the need to direct staff to review the broader issue of franchise
ordinances and to prioritize the area of franchise issues to move ahead on them.
Sweeney/Zorn moved to direct the appropriate City officials to prioritize the issue of franchises
with specific attention to the telecommunications concerns at this time. Motion carried
unanimously.
Link/Zorn moved to authorize the appropriate City officials to execute the Memorandum of
Understanding with Mn/DOT for the turnback of Trunk Highway 300. Motion carried
unanimously.
Bruce Loney proposed improvements to Gorman Street with minor sanitary sewer replacement,
sidewalk and a trail on the north side due to commercial and residential property in the area. The
street width would be 36 feet wide.
Official Proceedings of the March 19, 1996
Shakopee City Council Page -5-
Discussion ensued relating to concerns of the debt service levy and budgeting.
Sweeney/Zorn moved to table discussion of Gorman Street improvements and setting a public
hearing for 30 days until after the close of the legislative session. Motion carried unanimously.
Karen Marty explained that she has the authority to assign any and all duties of the legal secretary
inside her department. For this reason she has created a resolution to assign responsibilities of the
legal secretary duly to herself and to the City Administrator as needed.
Discussion ensued relating to the role of the Council in this matter.
Zorn/DuBois moved to table this issue. Motion failed unanimously.
Sweeney/Zorn moved to direct staff to take the necessary steps outlined in Resolution No. 4420 (a
resolution recognizing the changes in staffing which will occur due to contracting outside for
prosecution services and addressing these changes), and that the City Attorney and the City
Administrator work together to ensure that the services of the legal secretary are fully utilized.
Motion carried unanimously.
A break was taken at 8:43 P.M.
The meeting re-convened at 8:51 P.M.
Zorn/Sweeney offered Resolution No 4419, A Resolution Accepting Work on the 1994 Pavement
Preservation Program, Project No. 1994-12, and moved its adoption. Motion carried unanimously.
Zorn/DuBois offered Resolution No. 4418, A Resolution Restricting Parking on 17th Avenue from
County Road 17 to Sarazin Street, and moved its adoption. Motion carried unanimously.
Cncl. Link abstained from discussion of the Rural Taxing District.
Sweeney/DuBois offered Ordinance No. 450, An Ordinance of the City of Shakopee, Minnesota,
Amending City Code Chapter 13, Urban and Rural Service Districts, Sec. 13.01, Urban and Rural
Service Districts, By Repealing Subd. 3, Rural Service District, and Adopting One New
Subdivision in Lieu Thereof, Relating to the Same Subject, and Also By Adopting One New
Subdivision 6, Termination of the Districts, and moved its adoption. Motion carried with Cncl.
Link abstaining.
Karen Marty explained that Brenda Lind has submitted a resignation letter and will begin working
with Scott Joint Prosecution April 8th or April 11th.
Official Proceedings of the March 19, 1996
Shakopee City Council Page - 6 -
Sweeney/Zorn moved to accept the resignation of Brenda Lind as the prosecution secretary for the
legal department. Motion carried unanimously.
Sweeney/Zorn directed staff to prepare an amendment to the drug testing policy which states that if
any City employee who fails the first drug test that they may choose to have a second test, and if
the second test is clean the City will pick up the cost of that test. Motion carried unanimously.
Mayor Henderson recessed the meeting for an executive session to discuss matters covered under
attorney-client privilege at 8:58 P.M.
Mayor Henderson re-convened the meeting. No action was taken during the executive session.
Zorn/Sweeney moved to authorize staff to pay the City's portion of the lawsuit settlement relating
to the Minnesota Police Recruitment System lawsuit.
Cncl.Sweeney explained that the City was in a law suit with M.P.R.S. and the settlement outcome.
He explained that the City will be paying about 1/43rd of the damages which will be approximately
$5,000.
Motion carried unanimously.
Sweeney/Zorn moved to adjourn to Tuesday, March 26, 1996 at 5:00 P.M. Motion carried
unanimously. The meeting adjourned at 9:12 P.M.
JIllticuJ:,tk O. 0/)6,
.11.0th S. Cox
City Clerk
Esther TenEyck
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG. SESSION SHAKOPEE, MINNESOTA APRIL 16, 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; Judith Cox, City Clerk; Paul Bilotta,
Community Development Director; and Bruce Loney, Public Works Director/City Engineer.
The following items were added to the agenda: 7c) Attracta Sign correspondence, 7d) Candy
Kragthorpe correspondence, 10c) New Officer Hiring Memo, and 12b) Acting City Administrator
Pay.
The following item was deleted from the agenda: 10c) Pay Plan Step Adjustment.
Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously.
Liaison reports were given by Councilmembers.
Mayor Henderson gave the Mayor's report. He reported that the Selection Committee requested
that the City Council approve a budget up to $5000 for consultant services to select a City
Administrator candidate.
Zorn/Sweeney moved to authorize expenditures up to $5000 to assist the City Administrator Search
Committee in selecting a City Administrator candidate and authorize the appropriate City Officials
to execute a contract with The Brimeyer Group, Inc. Motion carried unanimously.
Mayor Henderson noted the presence of Gary Cunningham, County Administrator; Marge
Henderson, Chairman Scott County HRA; and Commissioner Art Bannerman. He then asked if
there was anyone present 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 April 2nd and April 9th, 1996. Motion carried
unanimously.
Barry Stock reported that a correspondence was received from Bill Jaffe, Executive Director Scott
County HRA, requesting the City Council's consideration to approve a Resolution declaring the
need for the Scott County HRA to exercise its powers within the City.
Mr. Bill Jaffe, Executive Director Scott County HRA, approached the podium and introduced Gary
Fields, Springstead Inc., and Barb Portwood, Bond Counsel, for Scott County HRA; technical
experts to answer any questions. Gary stated that the anticipated budget has been set at $13 million
with $2 million toward the purchase of the hospital. In response to a question relating to a bond
limit Barb replied that the bonds would not be subject to a limit of any kind. This is strictly a
County bonding issue and the City has no obligation.
i
Official Proceedings of the April 16, 1996
Shakopee City Council Page -2-
In response to a question relating to whether the tax payers know how the debt would affect their
tax bill, Mr. Cunningham replied that there won't be any additional burden on tax payers for this
project due to $1 million levied for this project several years ago.
Sweeney/Zorn offered 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,
and moved its adoption. Motion carried unanimously.
Paul Bilotta reported that Gary Bergquist has requested that the City Council amend Resolution No.
4272, to allow the issuance of 2 building permits for Outlot C, Dominion Hills, in order to
accommodate the sale of a portion of Outlot C. He explained that two permits may not be possible
as it would put multiple buildings on one lot. Another issue is that the Outlot is presently under the
ownership of two different property owners. Mr. Bilotta went on to explain what an Outlot is.
Gary Bergquist approached the podium and said that when recording the plat there was nothing
stating that a road had to be put in, or that money must be placed in escrow. On February 26 a
disagreement was brought to his attention relating to what was agreed upon in 1992 as far as what
needed to be done with the right-of-way.
Bruce Loney explained that the improvements in the first addition are not complete to his
knowledge. There was a condition in the preliminary plat that the east cul de sacs may not be
constructed in excess of 1000 feet until the land to the east or to the south of the plat is developed
and street connections can be made between the two developments. When the second addition was
presented the issue was who would pay for the roadways in the future.
Dave Brown, 1227 Pioneer Lane, approached the podium and stated opposition to allowing Mr.
Bergquist to build on the outlot prior to the completion of the platting process for the second phase.
He explained that he had dedicated right-of-way because it was stated in the developer's agreement
that the right-of-way would not have to be constructed until the property to the east was developed.
He further stated that the issue that he would have to secure financing for any right-of-way
construction was not addressed at any time. He requested that the final plat for the second phase be
approved without the bonding for the right-of-way construction, or that no building permits be
issued prior to all issues with final plat approval being resolved.
Karen Marty stated that City Code requires that right-of-way be dedicated through a plat to
adjoining property and that the right-of-way has a street constructed on it. Subdivision regulations
require the developer to construct all the improvements or provide security for them. She also said
that this cannot be waived and explained that City Code and State Law prohibit the sale of what will
eventually be a lot in something that is not final platted. The purpose of this is that all
improvements be put in at the developer's expense and not at the expense of the tax payers.
Official Proceedings of the April 16, 1996
Shakopee City Council Page -3-
Paul Bilotta explained that every development overlaps into the next, resulting in fragments that
don't serve anyone. The City can either require the construction of the street improvement or
require that the developer put money aside.
Zorn/Sweeney moved that the City deny the Bergquist's request for two building permits for Outlot
C, Dominion Hills Addition.
In response to a question as to alternatives for the plat developer, Paul Bilotta explained that from
the City's perspective there is a platting process regardless of who is involved.
Karen Marty stated that any property owned by one of the two property owners could be final
platted. The property lines on the other proposed platting areas are crossed by lot lines, creating
duel property ownership.
Motion carried unanimously.
Paul Bilotta reported that Attracta Sign and the Doughnut Connection have inquired about a sign
permit issue. It appears that two permits were issued and Attracta Sign has requested the second
permit fee that was collected be refunded.
A discussion ensued relating to duel fees.
Sweeney/Zorn moved to refund the second fee for the sign permits for Attracta Sign/Doughnut
Connection.
Discussion ensued relating to permit requests and refunds.
Motion carried with Cncl. Sweeney and Mayor Henderson opposed.
Mayor Henderson reported receiving a letter from Candy Kragthorpe relating to the ADA and
handicapped accessibility at the Community Center.
Sweeney/Zorn moved to receive and file the correspondence from Candy Kragthorpe (relating to
handicapped accessibility to the walking track at the community center). Motion carried
unanimously.
Zorn/Link offered Resolution No. 4427, A Resolution Of The City Of Shakopee Approving The
Preliminary Plat For Pinewood Estates, and moved its adoption. Motion carried unanimously.
Link/DuBois offered Resolution No. 4426, A Resolution Of the City Of Shakopee, Minnesota,
Approving The Final Plat For Meadows West 3rd Addition, and moved its adoption. Motion
carried unanimously.
Official Proceedings of the April 16, 1996
Shakopee City Council Page -4-
Jeff Monnens, 467 S Market, approached the podium and inquired as to options on a temporary cul
de sac on the south lot of Westwind 1st Addition.
Discussion ensued relating to the cul de sac issue. Rather than hold up the plat approval, Mr.
Monnens agreed to the temporary cul de sac (on the West side of the plat).
Zorn/Sweeney offered Resolution No. 4423, A Resolution Of The City Of Shakopee, Minnesota,
Approving The Final Plat For Westwind 1st Addition, and moved its adoption. If the cul de sac
cuts into the lot too much, Cncl.Zorn suggested that Mr. Monnens get a variance from the Planning
Commission. Motion carried unanimously.
There was a ten minute recess with the City Council meeting re-convening at 8:24 P.M.
Bruce Loney reported that a traffic study was conducted and a traffic control system is warranted at
the intersection of CSAH 17 and C.R. 78/Hillside Drive. The City will share 25% of the actual
construction costs and 18% of the engineering and inspection costs totaling approximately
$30,000.00, based on the number of intersecting streets for each jurisdiction. The estimated cost of
this project is $100,000.00. The County would like to construct the signal this year to be
operational by this fall. Financing of the City's cost will be from the Capital Improvement Fund.
Discussion ensued relating to the need for a turn signal.
DuBois/Link moved to table discussion on an agreement with Scott County for a signal at CR-78
and CR-17 until the County provides the Engineering Department with plans as to how traffic will
move off of CR-17 onto C.R. 78. Motion carried unanimously.
Barry Stock added recovered bicycles, miscellaneous law books, and an ergonomic computer key
board to the list of surplus property.
Sweeney/Zorn moved to declare items surplus property as listed in the memo from Tom Steininger,
Chief of Police, dated 4-4-96, and bicycles, miscellaneous law books, ergonomic computer key
board; and, authorize the Acting City Administrator to sell or otherwise dispose of this surplus
property. (CC Document #236) Motion carried unanimously.
Deputy Chief of Police Poole approached the podium to brief Council on the process of hiring a
new officer and explained the Cops Fast Grant.
DuBois/Link moved to authorize the 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 twelve month
probation period. Motion carried unanimously.
•
Official Proceedings of the April 16, 1996
Shakopee City Council Page -5-
Barry Stock reported on the resignation of Rose Mertz, Custodian and requested Council
authorization to seek requests for proposals for custodial services at several buildings.
Sweeney/Zorn moved to accept the resignation of Rose Mertz effective June 7, 1996 with regrets.
Motion carried unanimously.
Zom/Sweeney moved to authorize the appropriate City officials to seek custodial service requests
for proposals for cleaning services at the Shakopee Library, Public Works building and Community
Youth building. Motion carried unanimously.
Link/Sweeney moved to 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.
Motion carried unanimously.
Link/DuBois offered 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 moved its adoption.
Discussion ensued relating to priorities for improvement projects and cost.
Bruce Loney gave a brief history relating to the construction and improvements to Gorman Street.
Discussion continued.
Motion carried unanimously.
DuBois/Link offered 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 moved its adoption. Motion carried unanimously.
Zorn/DuBois moved to authorize the appropriate City officials to execute a consultant contract with
Orr-Schelen-Mayeron & Associates to provide consultant services for the City of Shakopee for the
1996-1 Project. Motion carried unanimously.
Link/DuBois moved to authorize a 10% contingency amount for use by the City Engineer in
authorizing change orders or quantity adjustments on the 1996-1 Project. Motion carried
unanimously.
Sweeney/Link moved to request staff to provide information on the last few years on contingency
expenditures on projects. Motion carried unanimously.
Official Proceedings of the April 16, 1996
Shakopee City Council Page -6-
Mayor Henderson reported that the City Administrator Search Committee has been meeting
regularly and is seeking Council approval to establish a final cut process and recommends that they
not submit more than five final candidates to City Council. Discussion ensued.
Sweeney/DuBois offered Resolution No. 4429, A Resolution Of The City Of Shakopee,
Minnesota, Establishing The Number Of Finalists At Five For The City Administrator Position
Whose Names Shall Be Forwarded To The City Council For Consideration, and moved its
adoption. Motion carried unanimously.
Zorn/DuBois moved to approve the bills in the amount of $366,382.33. Motion carried
unanimously.
Zorn/Link moved that Mr. Stock select an alternative Monday or Wednesday date to meet with
Shakopee Public Utilities and advise Councilmembers at the next meeting. Motion carried
unanimously.
Sweeney/Link moved to approve a temporary pay increase to Step 1 of the City Administrator Pay
Schedule for Barry Stock, Acting City Administrator, to be retroactive (March 8th). Discussion
ensued.
Motion carried with Cncl. Zorn opposed.
Sweeney/DuBois moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:05
P.M.
Ji:tk Ci) e2C,
J dith S. Cox
ity Clerk
Esther TenEyck
Recording Secretary
I
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITTYY COUNCIL
FROM: Karen Marty, City Attorney i
DATE : April 19, 1996
RE: J & J Developing Request
BACKGROUND:
At the City Council meeting of April 16, 1996, the City
Council approved the final plat for Westwind First Addition. Under
state law, the plat cannot be recorded until the City Attorney
reviews the title to the property and determines that the City will
get clear title to all property being dedicated (the roads and
easements) . In reviewing the title for this particular plat, I
discovered that the City has a "Private Contract" with the property
owner, creating an easement over this plat .
DISCUSSION:
The easement conflicts with the proposed plat . It establishes
a 20-foot wide drainage easement running due north and south
through the property, along what would have been Pierce Street if
Pierce Street had continued straight through the platted property.
However, Pierce Street ends in a "T" shortly into the plat, and the
easement now runs through several lots .
The easement was established for a storm sewer. There was a
storm sewer discharge pipe at the north end of the property, and
the water was to run along the easement to the south end of the
property. With the new plat, storm water is being adequately
handled, and there is no need for this easement any more .
The "Private Contract" covers other items, such as access and
the location of Pierce Street, but they all expire when the
property is platted. The "Private Contract" is no longer needed.
ALTERNATIVES:
1 . Terminate the "Private Contract" .
2 . Amend the "Private Contract" to eliminate the storm sewer
easement .
3 . Leave the "Private Contract" as is.
RECOMMENDATION:
Move to authorize the appropriate City officials to execute
the necessary documents to terminate the "Private Contract" between
the City and David Larry Phillips, Nancy J. Phillips, and Jim R.
Monnens, dated January 2, 1990, and recorded in the office of the
Scott County Recorder as document number 266244 .
[19MEMO2]
J . & J . Developing , LLP
P. 0. Box 244
Shakopee, Minnesota 55379
April 19, 1996
City of Shakopee
129 South Holmes Street
Shakopee, Mn 55379
Attn: City Council & Mayor
We, J. & J. Developing, LLP, request the vacation of a 20 foot drainage
easement in favor of the City of Shakopee that was created by a private
ccritr•act dated December 29, 1989 filed January 10, 1990 as document
number 266244
Enclosed please find a copy of the specified document number 266244 for
your review.
Sincerely,
` or
. eff Monnens
Managing Partner
km
enc
c Karen Marty
c/j,r
D OF S~AKr,
AP
R .4 9 1996
,0 eCie
Pagers: Jeff Monnens 640-8200 Office: (612)496-0921
Jim Monnens 640-0717 Fax: (612)496-2146
PRIVATE CONTRACT
The City of Shakopee is a municipal corporation in Scott County, Minnesota,
hereinafter referred to as party of the first part, and Daviel Larry Phillips,
Nancy J. Phillips and Jim R.
Monnens, unmarried, hereinafter referred to as parties
of the second part and who are the owners of the following described property located
in the County of Scott and State ,f Minnesota and more particularly described ns (allows:
The North Nalf of the Northeast Quarter of the Southwest Quarter
Section 12, Township 115 Nurth, Rnnye 23 West, except the North
375 feet of the ^nat 581 feet thereof, and
WHEREAS, the parties of the second, part desire to build and maintain a temp-
orary driveway access to their pi 'pr.rty off of
Fierce Street in the City of Shakopee,
which said street terminates at I've City limits and jus north of the above described
property.
THEREFORE, this Agreement Is made and in consideration of (II.OG) one dollar and
other good and valuable con,:iletntt•+n and the terms hereinafter iot out by and between
the party of the first part anal the parties of the second p,tt :ii follows:
SECII ON 1: -Grant of 1'e,mis.:ion
Party of the first part hereby grants to the parties of the second part, the
survivors, heirs and assigns of said parties, permission to hnild, construct and
maintain a 20 font wide private drivew.ty sere'.; from the south portion of fierce
Street on a line with the east line of Pierce Street as n,a
located and maintained
to the above described property of the second parties until such time that Pierce
Street is extended' south at which time said permission shall terminate if not
permanently terminated ns hereinafter provided.
SECTION II: Terms of the Agreement
The above permission is granted on and In consideration of the following
conditions and requirements:
1. The storm newer extension which shall be made and the driveway from Pierce
Street shall be considered temporary until such time ns Pierce Street is extended
N 1 06
�
south. Any costs which the parties of the second part would have to incur to
construct the driveway and or storm sewer extension shall not be reimbursable if
they are removed at a later date to construct the street or for whatever other
purpose.
2. The City will not maintain any portion of the driveway located on
the City right-of-way, such as plowing, grading, etec, or any portion of the storm
sewer on private property. like repairing the pipe or end section, etc.
3. The second parties do hereby grant the party of the first pert a 20
foot wide drainage easement from the storm sewer discharge pipe to the south line
of the property hereinbefore described.
4. The property owners, parties of the second part, do heteby agree to
dedicate a 60 foot wide street right-of-way from existing Pierce Street to the south
property line of the property above desrrihed or other acceptable street alignment
as approved by the C1ty of Shnkffee doting the platting process nt such time as the
property 1. 'nnexod to the r'{t.; and this would he at no cost to the City, party of
the [list part.
5. it lq further hereby agreed aoi ,oven.inted that the parties of the
second part,':the survivor, the heirs and assigns of said parties, will defend and
hold the City of Shakopee harmless ft,m -toy ,ml all claims, actions or causes of
action that might or could arise by virtue of the terms of this agreement and any
failure, omission
or malperformance erfo
rman
P ce hereunder.
6. The partiespart of the second
l rt shell not damage, move
R or
interfere
with the permanent City barricades at the end of Pierce Street without first
obtaining permission of the City, The City will remove the easterly barricade
for the driveway access, but the two westerly barricades shall remain as permanent
barricades until such time as Pierce Street to extended south.
SECTION Iii: General Terms
1. This agreement shall be binding on the parties hereto, their successors,
- 2
heirs and Assigns.
2. This agrc,ement may be terminated on 30 days written notice served by
one party on the other party in the event there is any breach of any of the terms
and conditions hereof by either of the parties hereto. This agreement automatically
terminated upon the completion of any southerly extension of Pierce Street up to or
beyond the southern boundaries of the above described property.
THIS AGREEMENT was executed and entered into as of this ,2,r•1p day of
Ciom,,
. t *;�,, 19�C .
— )�
THE CITY OF SHAKOPF.F., A MUNICIPAL CORPORATION,
Party of the First Part
BY_____ _ /i _i
Mayo
Ry_
City Admin a ator 1
Ry-- (--
� r _O
,iFy Clerk
/ ANO -I?
nvid i.n rrY tllipatL.\---
1
ialL,
______
anc ,,. PhtI1 ps
Jim R. Monnens
PARTIES OF THE SECOND PART
STATE OF MINNESOTA) 0.1Wikle
,h4w't�,4 ) se / law.r•.
COUNTY OF 9C�7 ) ,..J Ns, c* f
The foregoing was acknowledged before me this 4 day efC�minis�rator,
1924, by Gary Laurent , Dennis Kraft and Judith S. Cox, the Mayor, y
an City Clerk of the City of Shakopee, a municipal corporationunder the laws of the
State of Minnesota, on behalf of the City gf Shakopee.
INotary PUblic
; _ 3 –
,i .. is
Ramat 1"1.RaMiii --
STATE OF MINNESOTA)
COUNTY OF SCOTT ) ea
The foregoing was acknowledged before me this -2"-44-
1989, by David Larry Phillipa and Nancy J. Phillips, and Jim R. Moday of , na, �l~
parties of the aocond part.
Notary Publlc�
Drafted by: Julius Coller
211 N. let
Shakopee, Mn. 55379
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) G MEMORANDUM
TO: Barry Stock, Acting City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Liquor License Expansion - MIN Hotel Corporation
DATE: May 1, 1996
INTRODUCTION:
The City has received a request from the General Manager of the
Canterbury Inn asking that their on sale intoxicating liquor license be
expanded to include an additional area, letter attached.
BACKGROUND:
MIN Hotel Corporation dba/Canterbury Inn currently holds an on
sale intoxicating liquor license and a Sunday on sale intoxicating
liquor license. The licenses are limited to the hotel premises within
the hotel structure.
The management is proposing to construct a sand volleyball court
to the north of the building adjacent to the Winners Nightclub. They
wish to allow the consumption of alcohol within this area whenever
Winners is open, during volleyball games, and when the court is rented
to teams for practice. The volleyball court will be surrounded by an
eight foot high fence. There will be a doorman posted at gate when the
Winners Nightclub exit door is unlocked allowing entrance into the
court.
The management has met with the Chief of Police advising of the
plans for the proposed expansion of the Winners Nightclub. Chief
Steininger is comfortable with the level of security planned for the
proposed expansion. Mr. Runge and Mr. Peulen will be present at the
Council meeting to answer any questions that Councilmembers may have.
RECOMMENDATION:
To date, liquor licenses have been restricted the consumption of
alcohol within the premises of a structure. This will be the first
request to City Council seeking permission to allow the consumption of
alcohol in an outside area. Staff's main concern about outside
consumption has been the ability to insure that there is no consumption
by minors. The request before City Council is a policy issue and staff
has no recommendation.
RECOMMENDED ACTION:
If City Council desires to grant the request:
Move to expand the on sale intoxicating liquor licenses of MIN
Hotel Corp. , 1244 Canterbury Road, to include a 30' x 60' volleyball
court, conditioned upon meeting the security provisions of the Chief of
Police and that someone is present at the gate when the Winners
Nightclub exit door is unlocked.
• '
Best Western
Canterbury Inn
1244 Canterbury Road
May 1, 1996
Shakopee,(612) 5- 553799
Fax(612)445-5710
For Reservations Call Toll-Free:
1-800-528-1234
Dear Councilor:
Attached please find a proposed expansion of Winners Nightclub. The expansion includes
an outdoor seating area and a volleyball court, which is enclosed by an eight foot fence.
The purpose of this letter is to request an expansion of our liquor license to include the
proposed addition.
On Friday, April 19, Dale Runge, assistant general manager,Rawlin Peulen, Winners
supervisor, and I met with Tom Steininger, chief of police, and Judy Cox, city clerk. The
purpose of this meeting was to address any security issues Mr. Steininger may have. Mr.
Steininger stated that he was comfortable with the level of security with the proposed
expansion. On April 30, I met with Tom Pitschneider, fire marshal, and he also stated he
was comfortable that fire safety issues were adequately addressed with regard to the
proposed expansion.
Security and fire safety issues discussed are as follows: 1. The entrance from inside
Winners to the expansion area is an emergency exit;therefore, an emergency exit gate
must be included in the expansion. (The exit is now locked at all times and is only
operable from the inside.) The gate would only be used as an emergency exit; therefore
entrance to the expansion area could not be obtained through the emergency exit gate.
2. A doorman would be posted at the emergency exit during business hours to ensure
juveniles (minors) do not gain entrance to Winners Nightclub.
Mr. Dale Runge and Mr. Rawlin Peulen will be present at the city council meeting to be
held Tuesday, May 7, 1996, to answer any questions you may have.
Thank you for your consideration.
Sincerely,
jje
ba &MV
Debra Carey
General Manager
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Memo To: Barry Stock, Acting City Administrator
From: Paul Bilotta, Community Development Director
Meeting Date: May 7, 1996
Re: Interim MUSA Expansion
Discussion
A copy of the April 18, 1996, Planning Commission staff memo has been attached for your reference.
At this meeting, the Planning Commission recommended approval of an alternative that was a
combination of two of the staff generated alternatives (see attached map of"Planning Commission
Recommendation"). The Planning Commission's recommendation is in conformance with the growth
staging guidelines in the 1995 Comprehensive Plan Update document.
Alternatives
1. Recommend approval of the Interim MUSA Expansion/Land Trade to the Metropolitan
Council as recommended by the Planning Commission.
2. Modify the Planning Commission's recommended alternative and recommend approval of the
Interim MUSA Expansion/Land Trade to the Metropolitan Council as amended.
3. Table action on this item and request additional information from the staff.
Planning Commission Recommendation
The Planning Commission has recommended that the City Council make a positive recommendation to
the Metropolitan Council on the approval of the Interim MUSA Expansion/Land Trade (Alternative
No. 1).
Action Requested
Offer a motion to recommend to the Metropolitan Council the approval of the Interim MUSA
Expansion/Land Trade, and move its approval.
is\commdev\cc\1996\cc050Tmusa.doc
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Memo To: Shakopee Planning Commission
From: V. Paul Bilotta, Community Development Director
Meeting Date: April 18, 1996
Re: Interim MUSA allocation
Introduction:
The City of Shakopee and the Metropolitan Council entered into an extensive agreement
in early 1994 in order to allow the City to access the Shakopee/Chaska Interceptor sewer.
Part of this agreement called for the City to remove 180 acres of commercial/industrial
land from the MUSA area (Exhibit A) in exchange for a 360 acre expansion of the MUSA
area for residential purposes. The 2:1 ratio is approximately the difference in projected
flow rates per acre between commercial/industrial land and single family residential. A
portion of this acreage was used in the Jackson Township annexation of 1994 and 192
acres is remaining to be allocated.
The City of Shakopee's Comprehensive Plan update has not yet been approved and it is
difficult to determine the date that it will be approved. The community has begun to
experience significant increases in the prices of raw land due to the restriction of supply in
the single family category (similar to that which preceded the Jackson Township
annexation in 1994). Due to this situation, staff asked the Metropolitan Council staff if
there is an interim step that could be taken to release some of the growing development
pressure. The Metropolitan Council staff recommended that the City ask for the
remaining 192 acres provided for in the Shakopee/Chaska Interceptor Agreement. Staff
has also negotiated the inclusion of the two commercial fragments that have resulted from
the relocation of 17th Avenue to the south (areas A and B on the options maps--identified
as Options 1, 2 and 3).
Discussion:
When the Planning Commission and the City Council recommended approval on the
Comprehensive Plan Update/Staging Areas, there were a number of key factors that came
P
out of that discussion:
1. Provide a long term growth staging plan to channel speculative activities to
appropriate areas.
2. Base staging areas on sanitary sewer trunk service areas so that staged infrastructure
extensions could occur rather than constructing many separate infrastructure
subsystems all along the Bypass in an inefficient manner.
The three following options all continue this concept.
Option 1:
This option takes the 1995 Land Use Plan and allocates the single family MUSA
expansion (Area C) to the part of the East Marschall Road staging area that can be served
with infrastructure most efficiently. It provides the important connections with the
sanitary trunk sewer that enters on the northeast corner (indicated by dashed line), the
collector street system (17th Avenue) being constructed on the west, and the water system
(currently at the interim hospital site on the west and proposed to be served in the long run
down Marschall Road from a new water tower to the south).
One important note on this option is that it does NOT make a full allocation of MUSA to
the Orrin Thompson property that has been before the Planning Commission for concept
review. The reason for this is that the southern portion of the Orrin Thompson property
discharges its stormwater to the Blue Lake watershed area where stormwater systems
need to be designed and constructed. All the land included in this option's proposed
MUSA area discharge into the Mill Pond watershed area which is already served by the
MNDOT linear ponds and the Upper Valley Drainageway.
When the larger MUSA expansion was anticipated as part of the Comprehensive Plan
Update, a significant amount of acreage would have been in the Blue Lake watershed area,
providing greater justification for the construction of the necessary stormwater facilities.
In addition, the Orrin Thompson property is at the upstream end, so either the full
stormwater system would need to be created to serve the southern part of the property or
some sort of interim stormwater system would need to be provided (like a temporary
stormwater lift station).
Option 2:
Option 2 is very similar to Option 1 with the exception that it makes some changes in land
use to correspond to property lines in the area. Specifically, this option takes the medium
density residential designation at the far northeast portion of the staging area and
reallocates it to the property to the west which has a small amount of single family
designation in it.
By making this small land use designation change, the interim MUSA expansion provides
more useable tracts of land for single family development. When the larger MUSA
allocation in the Comp. Plan Update was anticipated, it was expected that land use
transitions would occur as part of a larger mixed residential use development so some
parcels received both single family and multiple family designations. It was anticipated
that a smooth and compatible transition could be better realized as part of a single
development (where the developer is concerned with the salability of all the lots) rather
than between developments where the developer may not be as concerned about the
impacts on another property owner's tract.
With this smaller, single family-only expansion, following the original land use plan would
create properties that either must be developed with a land use "hole" in them or with so
little single family area that it would be difficult to justify fronting the costs for grading
and infrastructure installation. For this reason, staff explored the option of revising land
use designations to correspond more closely to property lines. Staff believes that this
swapping of land use designation will likely not change the overall intent of the 1995
Comp. Plan Update for this staging area if it is the option chosen by the City Council.
Option 3
This option is similar to Option 1 with the exception that it allocates MUSA to the full
Orrin Thompson property (and therefore reduces the amount that can be allocated to other
properties in the staging area). This option will require the City to either accept an interim
stormwater solution (like a lift station), construct the full stormwater system to serve the
area that includes the southern half of Orrin Thompson's property, or put some sort of
moratorium or other restriction on the development of the southern part of that property
until such time as the stormwater issues are resolved. In the Prairie Village Preliminary
Plat, the Public Works Director explains this issue in much greater detail.
East Dean Lake Area
The East Dean Lake Area was also one of the initial staging areas in the Comprehensive
Plan Update. No MUSA allocation is proposed by staff for that area as part of the interim
MUSA allocation. This is because the interim allocation is so small and the issues in this
development area are so unique that even if all of the 192 acres was allocated to the East
Dean Lake Area, there would be some development issues remaining unless future MUSA
allocations could be assured.
Staff is currently working with the developers in this area and the Metropolitan Council
staff to seek a unique solution to the issues in this staging area (and the other staging areas
as well--West Marschall Road for instance). This can be discussed in more detail at the
Planning Commission meeting as the situation is changing day-to-day.
Future MUSA Expansions
It should be reiterated that this is an interim MUSA allocation and staff will be continuing
to seek a more long term solution this year with the Metropolitan Council. The interim
solution is intended to allow developments to begin construction as soon as possible
within the policy framework of the 1995 Comprehensive Plan Update.
Alternatives
1. Recommend to the City Council the preferred interim MUSA expansion option.
2. Modify one of the options and recommend to the City Council the preferred interim
MUSA expansion option, as revised.
3. Table the decision to allow staff to provide additional information.
Staff Recommendation:
The preferred option is a policy issue and therefore staff does not have a recommendation.
Staff believes that within the limitations mentioned above, it is possible to make any of the three
options work.
Action Requested
Offer a motion to recommend to the City Council the approval the preferred MUSA expansion
option and move its approval.
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Memo To: Barry Stock, Acting City Administrator
From: Julie Baumann, Planner I le
Meeting Date: May 7, 1996
Re: Final Plat of Orchard Park 2nd Addition
Discussion
Laurent Builders, Inc. is requesting approval of the Final Plat for Orchard Park 2nd
Addition. The subject site is located east of County Road 77 and north of the bypass.
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 Orchard Park 2nd Addition to the City Council.
The Planning Commission was requested to review the Final Plat for Orchard Park 2nd
for substantial conformance with the Preliminary Plat. Upon review, the Planning
Commission decided that the Final Plat was in substantial conformance with the
Preliminary Plat.
The Planning Commission recommended approval of the Final Plat to the City Council,
subject to the applicant providing the City Engineer with construction plans for street,
sanitary sewer, and storm sewer and the City Engineer granting approval of these
plans prior to City Council approval. The applicant has provided these plans to the City
Engineer, who is currently reviewing the plans for approval.
Based upon this review, the City Engineer has commented that the following conditions
of approval be added:
• The developer shall obtain MnDOT approval for the construction of improvements in
MnDOT right-of-way.
• Construction plans for sanitary sewer, street, and storm sewer shall be approved by
the City Engineer, prior to the recording of the Final Plat.
Alternatives
1. Approve the Final Plat of Orchard Park 2nd Addition, subject to conditions.
2. Revise the conditions of approval for the Final Plat of Orchard Park 2nd Addition,
and approve subject to the revised conditions.
3. Do not approve the Final Plat of Orchard Park 2nd 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 Orchard
Park 2nd Addition, subject to conditions (Alternative No. 1).
Action Requested
Offer Resolution No. 4438, A Resolution Approving the Final Plat of Orchard Park 2nd
Addition, and move its approval.
i:\commdev\cd1996\cc0507\fporpIQ.doc
RESOL UTION NO. 4438
A RESOLUT, DN OF THE CITY O,' SHS=KC DEE, MIR • ESOTA, APPROVING THE FINAL
PL \T FOR :SCI AF ; PARK ID J. DDI1 ION
WHEREAS, the Planning Comm. sion of the C y of Shakopee did review the Final
Plat for Orchard Park 2nd Addition on I pril 4, 1996, . d has recommended its approval;
and
WHEREAS, all notices of the put. is hearing for ne 'reliminary Plat were duly sent
and posted and all persons appearing at the hearing h :`re keen given an opportunity to be
heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY T sE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, as follows:
That the Final Plat for Orchard Park 2nd Addition, described as:
Outlot A, Orchard Park 1st 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) 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) streets wi:' :} t; :e plat shz,il be constructed in accoHanc,e
is the requiretz,E,,ntti, of the Design Criteria and Standard
specifications of he City of Shakopee.
vi) . t-eet signs will •: c nstructed and installed by the City of
`^•:ak _:pee at . t t the devE oper of$260 per sign pc a (2
:2260 = $520.. -C
vii) The : aplican- s a!, enter into an agreement regarding P. rk
edi :tion pcyr :e As of $556.40 per residential lot. The park
'air ;:ion fees ;hall be deferred on a lot by lot basis and are to be
°ad --ior to the -e'ease of each principal structure building permit.
A z ditional p :rE dedication fee of$556.40 shall be paid prior to
the r .crding of :;ie final plat to account for the lot reduction
ca.S d by the drawing revisions. The park dedication fees for
Outic, A shall be paid when this area is replatted.
viii) The City Engineer will reapportion the existing special
assessments against the lots and the developer shall waive the
right ) appeal the reapportionment.
ix) VIP c_- nriection fees of $4641.14 must be paid prior to the
recor:: r g of the Final Plat.
x) The reveloper shall be responsible for the installation of a berm or
other improvements as identified by MNDOT and required by
ordinance, to mitigate noise impacts from the Southerly Bypass.
c) Construction plans for street, sanitary sewer, storm sewer shall be
approved by the City Engineer.
d) The developer shall obtain MnDOT approval for the construction of
improvements in MnDOT right-of-way.
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
ATT =T:
City lerk
APP OVED AS TO FORM:
City attorney
Memo To: Shakopee Planning Commission
From: Julie Baumann,Planner I 'fop
Meeting Date: April 4, 1996
Re: Final Plat of Orchard Park 2 d Addition
Site Information:
Applicant: Laurent Builders,Inc.
Location: East of County Road 77 and north of the bypass
Current Zoning: Urban Residential(R-1B)and Medium Density Residential (R2)
Adjacent Zoning: North: Urban Residential (R-1B)
South: Bypass Right-of-Way
East: Urban Residential (R-1B)
West: Urban Residential/Medium Density Residential(R-1B &R2))
Comp.Plan: Draft 1995: Single Family Residential/Medium Density Residential
Area: 20.45 Acres
MUSA: The site is within the MUSA and can be served by municipal utilities
Introduction
Laurent Builders, Inc. is requesting approval of the Final Plat for Orchard Park 2nd Addition. The
subject site is located east of County Road 77 and north of the bypass(See Exhibit A).
Considerations
The Preliminary Plat for Orchard Park was approved by the City Council on October 4, 1994. This
phase of the development is composed of 20.45 acres of land and proposes 41 dwelling units for a
gross density of 2.01 dwelling units per acre(Please see Exhibit B).
The Preliminary Plat for Orchard Park, as approved, proposed 3 lots east of Orchard Parkway (See
Exhibit C). This design was based on the developer's assumption that the MNDOT drainageway to
the east was built in an easement. Since such time, the developer has learned that the property to the
east was actually acquired by fee title. Because of this ownership issue, the final plat drawing has been
revised. This revision includes a change in roadway location of Orchard Parkway, reduction of the
number of lots, and the creation of Outlot B.
Normally, nonbuildable outlots are not allowed. However, this site has a unique situation due to the
large number of easements and the need to connect to an older, existing subdivision(P & V Addition).
Staff has worked with the developer on this issue and the creation of Outlot B appears to be the only
feasible option.
To ensure the maintenance of Outlot B, it will be required, as a condition of approval, that the
developer deed Outlot B to the City. Maintenance of Outlot B should not place a significant hardship
on the city, as the city already maintains the adjacent drainageway.
The intersection location of Braebum Drive and Orchard Parkway has not changed with this revision,
only lot configurations have changed. Staff has analyzed the impacts of the revisions, and does not
anticipate any new problems for this or adjacent properties.
A revision of this magnitude is beyond the scope that staff can determine substantial conformance
administratively. Therefore, this issue has been brought before the Planning Commission, which has
the ability to determine substantial conformance for more significant changes.
The City Engineer has commented that plans have been received by city staff for street, sanitary sewer,
or storm sewer construction.
There are existing assessments for the VIP Interceptor. Pending assessments also exist for the Fuller
Street project. The property also has VIP connection fees which are due before the final plat is
recorded. VIP connection fees total $4641.14 for this phase of development. Outlot A has a
remaining balance on the VIP connection fees of$6253.18. This remaining fee will be collected at
such time as Outlot A is replatted. The City Engineer will reapportion the existing special assessments
against the lots and the developer shall waive the 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.
Street signs will be constructed and installed by the City of Shakopee, at a cost to the developer. Two
street signs will be required at a cost of$260 per sign,for at a total cost of$520.00
Alternatives
1. Determine the Final Plat for Orchard Park 2nd Addition to be in substantial conformance with t
Preliminary Plat for Orchard Park.
2. Det,;rmine the Final Plat for Orchard Pz rk 2nd Addition to not be in substantial conformance w
the 'reliminary Plat for Orchard Park id require the developer to submit a revised Prelimina
Plat
3. Recommend to the City Council approval of the Final Plat of Orchard Park 2nd Addition, subject
to conditions.
4. Modify the recommended conditions, and recommend to the City Council approval of the Final
Plat, subject to the revised conditions.
5. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial.
6. Table the decision to allow staff and/or the applicant to provide additional information.
Staff Recommendation
Staff does not have a recommendation on Alternative Nos. 1 and 2 (substantial conformance issue),
because this is a policy issue for the Planning Commission.
If the Planning Commission determines the Final Plat to be in substantial conformance with the
Preliminary Plat of Orchard Park, staff recommends Alternative No. 3, to recommend to the City
Council approval of the Final Plat of Orchard Park 2nd Addition, subject to the following conditions:
1. The following actions must be completed prior to City Council approval:
plans for street
a) The developer shall provide to the City Engineer the construction ,
P
sanitarysewer, and storm sewer construction, which would requireuire approval by
the
City Engineer, based on City Design Criteria and Standard Specifications, prior to
Final Plat approval by the City Council.
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) 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.
vi) Street signs will be constructed and installed by the City of Shakopee at a
cost to the developer of$260 per sign pole (2 x $260 = $520.00).
•
vii) The applicant shall enter into an agreement regarding Park Dedication
payments of$556.40 per residential lot. The park dedication fees shall be
deferred on a lot by lot basis and are to be paid prior to the release of each
principal structure building permit. An additional park dedication fee of
$556.40 shall be paid prior to the recording of the final plat to account for
the lot reduction caused by the drawing revisions. The park dedication fees
for Outlot A shall be paid when this area is replatted.
viii) The City Engineer will reapportion the existing special assessments against
the lots and the developer shall waive the right to appeal the
reapportionment. •
ix) VIP connection fees of$4641.14 must be paid prior to the recording of the
Final Plat.
x) The developer shall be responsible for the installation of a berm of other
improvements as identified by MNDOT and required by ordinance, to
mitigate noise impacts from the Southerly Bypass.
Action Requested
Offer a motion to recommend to the City Council the approval of the Final Plat for Orchard Park 2nd
Addition, subject to conditions and move its approval.
i:kommdev\boaa-pc119966apr04pc1fporprk2•doc
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MEMO TO: Mayor Henderson and City Council
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.
11
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
i
postion. " part: department III
- Article VIII E. reads in "The de "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.
ir
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 .
ACTIONREQUESTED:
_ _
Take Officer Dellwo's previous employment and experience into
consideration and increase his compensation on 01 30 96 when he
successfully completes his probation.
# 10 b.-
Memo to: Acting City Administrator, Barry Stock
From: Mark McQuillan, Parks and Recreation Director
Re: Vandalism at Community Youth Center
Date: April 29, 1996
INTRODUCTION
The inside of the Community Youth Center at Lions Park was vandalized on April 22,
1996. Large holes were made in the walls of the kitchen and rest rooms. The glass oven
door was shattered and bent. The stove will have to be removed. The estimate to repair
all damage is about $1,900.
BACKGROUND
Vandalism does occur in the parks every now and then. This is the first time there has
been any significant damage done to the Community Youth Center. There was no
evidence indicating it was a"forced entry"into the building. The users of the facility are
generally good at securing the building before they leave. However, someone may have
forgotten to check all the doors that night. The vandalism was discovered by our cleaning
personnel the following day.
The City's insurance plan has a$2,500 deductable for each occurance. The damages do
not exceed the deductable amount. Therefore, the costs will have to be paid out of City
funds. The City does not budget for acts of vandalism because there is no way of
knowing how much damage will occur in a year's time. Since this is an unexpected
expense, staff suggests using the City's Contingency Fund to pay for the repairs.
The Park Maintenance Fund can also be used to pay for the repairs, but using this fund
for an unbudgeted item may create a budget shortfall with this fund later. Though, a
budget amendement could be requested to transfer funds from the City's Contingency
Fund to the Parks Maintenance Fund at that time.
ALTERNATIVES
1. Direct the appropiate City officials to repair the damages at the Community Youth
Center in Lions Park and to allocate funds from the Park Maintenance Fund not to exceed
$1,900.
2. Direct the appropiate City officials to repair the damages at the Community Youth
Center in Lions Park and to allocate funds from the City's Contingency Fund not to
exceed $1,900.
3. Do nothing.
STAFF RECOMMENDATION
Alternative #2
ACTION REQUESTED
Move to authorize the appropiate City officials to repair the damages at the Community
Youth Center in Lions Park and to allocate funds from the City's Contingency Fund not
to exceed$1,900.
MEMO TO: Mayor and City Council
FROM: Barry A. Stock, Acting City Administrator
RE: Community Center Walking Track-Handicap Accessibility
DATE: May 1, 1996
INTRODUCTION:
On April 2, 1996 the Shakopee City Council tabled discussion regarding the walking track at the
community center and handicap accessibility. It would be appropriate at this time to remove this
item from the table and continue discussion accordingly.
BACKGROUND:
On April 2, 1996 the Shakopee City Attorney stated that based upon her research the City was
not required to provide handicap accessibility to the walking track at the Shakopee Community
Center. The City Council then requested the construction manager to provide additional
information relative to the cost of making the walking track handicap accessible and the potential
impact on future development plans for the facility.
Attached is a correspondence from Kevin O'Brien, Greystone Construction analyzing the options
that are available to the City for making the walking track accessible. Mr. O'Brien will be present
at our meeting on May 7, 1996 to respond to questions.
If the City Council selects to pursue making the walking track accessible, staff would be
recommending that TIF proceeds allocated to the Community Center Project be utilized for the
retrofit.
ALTERNATIVES:
1. Do nothing.
2. Direct the appropriate City officials to proceed with the installation of a vertical lift to
provide handicap accessibility to the walking track at the community center with funding
to be allocated from the TIF Fund and Community Center Construction Budget.
3. Table action pending further information from staff
4. Direct the appropriate City officials to proceed with the construction of an elevator which
would provide handicap accessibility to the walking track and future construction phases
with funding to be allocated from the Community Center Construction Budget.
ACTION REQUESTED:
Provide direction to staff accordingly.
T Ire%
iHr•Y I urn £
CONSTRUCTION COMPANY
May 3, 1996
Barry Stock
Assistant City Administrator
City of Shakopee
129 Holmes Street
Shakopee,MN 55379
Re: Shakopee Civic Center
Access to walking track
Dear Barry:
We are providing the cost information, in response to the recent request from the City Council,
for installing an elevator to provide access the walking track:
Elevator addition on the east side of the gym
1. Floor plan and exterior elevation sketches are attached.
2. The elevator would serve the gym level and the walking track level at this time. The
elevator cab would also be equipped with a rear door. Three shaft doors and frames (for
future openings)would be stored for future use.
3. Budget figures have been developed based on this information. The Owner should expect
to budget $85,000 for all work, assuming construction during the Summer or Fall of 1996.
This is the same budget submitted to the Design Committee when this was discussed.
The options and risks currently considered by the Council are the same options presented to
the Design Committee almost one year ago.
Option No.1: Designate perimeter gym floor as walking area to provide like facilities
with access.
Cost: No additional costs
Risks: Face a challenge under ADA law as to interpretation of like
facility.
ill1111.11111.111111111111111111.11111111111111111.1111.1
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1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227
Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191
Option No.2: Build a vertical lift elevator in hallway to provide access to track.
Cost: $25,000.00
Risk: Should facility be expanded to the east as planned, this lift
would have to be removed and full height elevator would be
installed,also would lose window at the end of hallway.
Option No.3: Build a full height elevator at the east end of gymnasium to provide
access from gymnasium to the track.
Cost: $85,000.00
Risk: Lose some flexibility in design of future expansion such as floor
elevations,hallway design and flow issues.
During the Design Phase of this project, the Building Committee instructed us to proceed with
Option No.1 and design the hallway to accept the vertical lift platform in the future.
Options No. 2 and 3 are still available at the same costs.
Should you have any questions,please call me.
Sincerely,K-gf-44-4
Kevin O'Brien
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MEMO TO: Barry Stock, Acting City Administrator
FROM: Ron Stellmaker, Recreation Facilities Manager
RE: Municipal Pool Drop Slide
DATE: April 29th, 1996
INTRODUCTION:
Staff and the Parks and Recreation Advisory Board are proposing that the 3 meter diving
platform at the Shakopee outdoor public pool be removed. A tube drop slide is being
recommended as a replacement. Funding for this project was included in the 1996
Capital Improvement Plan(CIP). The funding source for this project is the Park Reserve
Fund. It would be appropriate for this replacement to take place before the 1996 pool
season.
BACKGROUND
Over the past years it has become apparent that the current 3 meter diving platform has
become a hazard for many people using the Shakopee outdoor pool facility. The 3 meter
platform also does not offer an activity to the majority of our pool users due to its size
and height. Staff is proposing to remove the 3 meter platform for the following liability
reasons:
* Proximity of the diving platform to pool cement walls,pool deck and diving well
ladder.
* Danger of children slipping off the diving platform ladder and falling to the cement
pool deck.
* Children climbing to the top of the platform and then getting scared and trying to climb
back down.
* Pool patrons jumping on to other patrons before they exit the diving well.
* General condition of diving platform. (25+years old)
Replacing the 3 meter platform with a drop slide will prevent all of the above from
happening in the future. The replacement will also open this area of the pool to many
more people to enjoy, especially the younger people who are afraid to use the high diving
platform. The drop slide is fully equipped with enclosed stairs and high non-slip railings
that will prevent any children from slipping or falling if they feel the need to climb back
down to the concrete pool deck. A drop slide would be a great addition and another
attraction to our unique outdoor pool facility.
Staff has researched different types of drop slides for the safest most practical model.
Following is a listing of the top two drop slides:
* 184-501J Typhoon Tunnel slide by Miracle Recreation. This slide has enclosed stairs
and non-slip hand rails on both sides of the stairs. The slide itself is 12 FT. long and fully
enclosed all the way to the water surface. Cost- $3,913.88 Installation Cost- $1,500.00
Total Cost- $5,413.88
* Pool Tube Slide by Valley View Associates. This slide has non-slip stair handles on
both sides of the stairs. The slide itself is 7 FT. long and fully enclosed all the way to the
water surface. Cost-$6,300 Installation Cost- $1,500.00 Total Cost - $7,800.00
The Miracle Recreation equipment is presently on sale. This explains the price
differential between the two vendors. The Miracle Recreation sale expires on 5/31/96.
The 1996 CIP included$10,000 to cover the cost of this improvement. The Park Reserve
Fund presently has a balance of approximately $250,000.
Staff is recommending the purchase of the 184-501J pool slide by Miracle Recreation at
a cost not to exceed$5,413.88 with funding to be allocated from the Park Reserve Fund.
ALTERNATIVES:
1. Authorize the appropriate City officials to purchase a 184-501J Typhoon Slide by
Miracle Recreation at a cost not to exceed $5,413.88 with funding to be allocated from
the Park Reserve Fund.
2. Do not authorize the appropriate City officials to purchase a new drop slide.
3. Research other alternatives for replacing the 3 meter platform at the outdoor pool
facility.
4. Do not replace the 3 meter platform at this time.
5. Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
Move to authorize the appropriate City officials to purchase a 184-501J Typhoon Slide by
Miracle Recreation at a cost not to exceed $5,413.88 with funding to be allocated from
the Park Reserve Fund.
X02)
MEMO TO: Barry Stock, Acting City Administrator
FROM: Bruce Loney, Public Works Director ei
SUBJECT: Wallace Lureen Retirement and Appreciation
MEETING DATE: May 7, 1996
INTRODUCTION:
Wallace Lureen is a heavy equipment operator in the Public Works Department who
retired on April 26, 1996. Attached is Resolution No. 4430 of Special Commendation to
Wallace Lureen for his 25 years of service to the City of Shakopee.
BACKGROUND:
Wally entered City employment on August 25, 1971. Wally has worked for the City of
Shakopee for 25 years and adopting Resolution No. 4430 is recommended as he has
served the City well in those years and is now retiring from employment
ACTION REQUESTED:
Offer Resolution No. 4430, A Resolution of Special Commendation to Wallace Lureen
and move its adoption.
BL/pmp
LUREEN
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ATT. TO WHOM IT MAY CONCERN AT THE CITY Or S A OPEE e
I. 1,41,4a.1 lace W. Le . will be retiti;a
from my job with
the city of Sha�::i :pee. Aril 6. :.'�'m6 will be my last
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WALLACE' W. LUREEN
3 5 5 MARSE=HALL ROAD
SHAE:OP'EE, MN. 5537'3
445-485E
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RESOLUTION NO. 4430
A RESOLUTION OF SPECIAL COMMENDATION TO
WALLACE LUREEN
Be it remembered that on the 25th day of August, 1971, Wallace Lureen entered
City employment and from that date on he has faithfully served the City of Shakopee, its
citizens and residents over and beyond the call of duty for all these many years until his
retirement on April 26, 1996.
Therefore, be it resolved by the Shakopee City Council that the City hereby
expresses its deep appreciation and gratitude and hereby commends Wallace Lureen for
his devotion to duty, his loyalty and his friendship.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota, held this 7th day of May, 1996.
Jeff M. Henderson, Mayor
City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
MEMO TO: Mayor and City Council icy
FROM: Barry A. Stock, Acting City Administrator
RE: Termination of Probationary Status-Ron Stellmaker
DATE: April 29, 1996
INTRODUCTION AND BACKGROUND:
Ron Stellmaker was appointed to the Recreation Superintendent Position with the City of
Shakopee on November 6, 1995 at Step 2 of the 1995 Non-Union Pay Plan. Mr. Stellmaker has
completed his six month probationary period. Mr. Stellmaker's performance and dedication to
service during his six month probationary period has been outstanding. It is recommended that
Mr. Stellmaker's probationary status be terminated.
ALTERNATIVES:
1. Move to terminate Ron Stellmaker's probationary status.
2. Extend Mr. Stellmaker's probationary status another six months.
3. Terminate Mr. Stellmaker's employment with the City.
4. Move to terminate Mr. Stellmaker's probationary status and adjust his salary to Step #3 of
the 1996 non-union pay plan.
RECOMMENDATION:
Terminate Mr. Stellmaker's probationary status.
ACTION REQUESTED:
Move to terminate Mr. Stellmaker's probationary status.
1b!
MEMO TO: Barry A. Stock,Acting City Administrator
FROM: Bruce Loney, Public Works Director
e
SUBJECT: Termination of Probationary Status
David Rutt
DATE: April 24, 1996
MEETING DATE: May 7, 1996
BACKGROUND:
David Rutt started working for the City on October 30, 1996 at Step 1 of the 1995 Pay
Plan as a maintenance worker in the Public Works Department. His six months
probatonary period has been completed satisfactorily. It is recommended that his
probationary status be terminated.
ALTERNATIVES:
1. Move to terminate David Rutt's probationary status.
2. Extend his probationary status another six months.
3. Terminate his employment with the City.
RECOMMENDATION:
Terminate David Rutt's probationary status.
ACTION REQUESTED:
Move to terminate David Rutt's probationary status.
BL/pmp
RUTT
MEMO TO: Barry Stock,Acting City Administrator
FROM: Bruce Loney, Public Works Director l3
SUBJECT: County Cooperative Agreement
for Traffic Control Signal at C.R. 78 and C.R. 17
DATE: April 25, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
Attached is Resolution No. 4428, a resolution authorizing the execution of Cooperative�a
jt'
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.
BACKGROUND:
This item was tabled from the April 16, 1996 meeting to allow staff more time to review
plans for this traffic control signal. As of April 16, 1996, City staff had not received any
plans for this proposed improvement agreement. The Cooperative Agreement was
attached to the previous agenda memo on April 16, 1996 and is not attached for Council
review again.
City staff has now received a set a plans and will make a presentation at the Council
meeting on the lane realignment and signal placement for this proposed project
improvement. Staff has commented on the plans back to Scott County Highway
Department on the following issues:
1. Is there adequate highway width to accommodate the number of lanes shown on the
traffic control signal plans?
2. Where is the transformer placement for power hook-up in which the City is
responsible for power supply to the transformer?
3. Has the County considered using red LED indication lights for this traffic control
signal, which has much lower power requirement than the incandescent signal lights
of previous traffic control signals?
Attached to this memo is the Scott County Highway Department's responses to these
questions. Staff has had further discussions with the County Highway Department staff
and have agreed to install red LED's on the traffic signal. This change will result in
savings of the power costs to operate the signal for the City.
As mentioned previously, the City's share of the initial construction for this traffic
control signal is estimated to be approximately $30,000.00 and the City will have future
maintenance and operation costs as contained in the Cooperative Agreement. Financing
of the City's costs is recommended to 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.
3. Table for additional information.
RECOMMENDATION:
Staff recommends that this item be removed from the table and recommends Alternative
No. 1, to adopt Resolution No. 4428 as a signal at this location is warranted and will
improve traffic safety in the City of Shakopee.
ACTION REQUESTED:
1. Remove this item from the table.
2. 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
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
'CCITT COUNTRY TRAIL EAST
JORDAN,MN 55352-9339
GARY L. CUNNINGHAM (612)496-8346
COUNTY ADMINISTRATOR
BRAD LARSON C>))_
Fax: (612)496-8365
ASSOCIATE ADMINISTRATORO
April 24, 1996 4,0
s
"400
199 %
Bruce Loney, P.E. ®� '
Public Works Director
129 South Holmes
Shakopee, MN 55379
Re: SAP 70-617-14 - CSAH 17/CR 78 Traffic Signal
Dear Bruce:
The following responses relate to your letters of April 19 and 23, 1996 concerning
comments relative to the above referenced project:
1) The existing pavement width of CSAH 17 is 48 feet and will remain. The pavement
markings will be revised as shown on the plan to allow for left turn lanes on CSAH
17 and a right turn lane for southbound CSAH 17 to westbound CR 78. This has
been approved by the State Aid Office at Mn/DO
2) The source of power is shown on sheet 6 as B , an inplace wood pole located
south of Hillside Drive on the east side of CSAH .
3) The electrical cost is 100 percent City cost based on the County Policy for Cost
Participation of Construction projects. This policy is the same as Mn/DOT's.
4) In discussion with Mn/DOT concerning LED Red it was indicated to Scott County
that LED Reds were only being used in the "urban area" within the metro area and
not in "rural or outstate areas." Therefore, since the plans for this project are
complete and this intersection is located in a "rural" setting, LED Reds will not be
included with this project. Scott County will consider LED Reds on future signals
depending on the location within the City of Shakopee.
Please do not hesitate to contact us if you need additional information.
cerely,
0Q,__ -
Daniel M. Jobe, P.E.
Design Engineer
DMJ/jkf
An Equal Opportunity/Safety Aware Employer
t ( 'Y^rs ,� Y 'x. .per x; ! ni ;.
'�' ;; '"am.s _. i x#{{ s 15:444 Sa � `t' .,,.,..ae, -n n a ''..$--%-t-7:47-1,:—"-‘-: --
£ 17:47- ^u..'""vA:'
�&wixKs»S^ \ so 3Fi6. $ s„t.. Tr - ,,.,,,..
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.
;
MEMO TO: Mayor and City Council
FROM: Barry A. Stock, Acting City Administrator
RE: Legal Department Staffing Analysis
DATE: May 1, 1996
INTRODUCTION & BACKGROUND:
•
Councilmember Zom has requested that a discussion of Legal Department staffing
issues take place at the May 7, 1996 meeting. Councilmember Zom will be prepared to
present his position with respect to the need to evaluate Legal Department staffing and the
possibility of alternative service delivery.
BAS/tiv
/ 1
TO: Barry Stock, Acting City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Surplus Property
DATE: April 30, 1996
Introduction
Council is requested to declare certain items as surplus in
order to dispose of them.
Background
The following old military items are surplus and Public
Works has inquired about disposing of them.
5 - Canvas end curtains
1 - Canvas cargo curtain
1 - M715 1&1/4T engine
1 - Fuel can holder
2 - Horns, 24 volt
1 - Wiper motor
1 - M100 Trailer #380359
1 - M37 Winch, bumper & drive assembly
1 - Pintle hook
The above items have a estimated value of less than $5, 000
and according to City Code, once the Council declares them
surplus, the City Administrator may sell them.
Alternatives
1 . Dispose as per above.
2 . Keep items .
3 . Wait for a miscellaneous items auction.
Recommendation
Alternative number one. The items have limited appeal and
are best marketed to a collector.
Action Requested
Move to declare the following items surplus and direct the
City Administrator to sell them:
5 - Canvas end curtains
1 - Canvas cargo curtain
1 - M715 1&1/4T engine
1 - Fuel can holder
2 - Horns, 24 volt
1 - Wiper motor
1 - M100 Trailer #380359
1 - M37 Winch, bumper & drive assembly
1 - Pintle hook
nor
TO: Barry Stock, Acting City Administrator
FROM: Gregg Voxland, Finance Director
RE: City Bill List
DATE: May 2, 1996
Introduction and Background
Attached is a print out showing the division budget status for
1996 based on data entered as of 5/1/96 .
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 the EDA General Fund (code 0191-XXX) and Blocks 3&4
(code 9439-xxx) in the amount of $10,499. 72 .
Action Requested
Move to approve the bills in the amount of $709,402 . 80 .
i
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
05/02/96
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 83,090 26 19,134 23
12 CITY ADMINISTRATOR 215,490 2,583 66,836 31
13 CITY CLERK 132,040 2,961 37,366 28
15 FINANCE 307,410 5,537 83,834 27
16 LEGAL COUNSEL 260,030 4,651 54,776 21
17 PLANNING 457,930 5,159 82,350 18
18 GENERAL GOVERNMENT BUILDINGS 132,510 1,312 41,369 31
31 POLICE 1,588,500 46,626 505,439 32
32 FIRE 418,670 0 93,981 22
33 INSPECTION-BLDG-PLMBG-HTG 228,930 5,027 60,074 26
41 ENGINEERING 407,760 9,557 107,063 26
42 STREET MAINTENANCE 775,720 7,742 177,120 23
44 SHOP 116,650 2,663 31,709 27
46 PARK MAINTENANCE 304,660 6,595 70,603 23
91 UNALLOCATED 436,340 0 259,373 59
TOTAL GENERAL FUND 5,865,730 100,437 1,691,026 29
17 PLANNING 463,400 62 10 865 23
TOTAL TRANSIT 463,400 62 10,865 23
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MEMO TO: Barry A. Stock,Acting City Administrator
FROM: Bruce Loney, Public Works Director .2 ,
SUBJECT: 4th Avenue Speed Limit
DATE: April 24, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
The speed limit on 4th Avenue was discussed at the April 2, 1996 Council meeting. At
this Council meeting, City Council directed staff to prepare the necessary resolution to
designate an urban district on 4th Avenue, from Marschall Road to Shenandoah Drive.
Attached to this memo is Resolution No. 4433, a resolution designating an urban district
on 4th Avenue, from Marschall Road to Shenandoah Drive.
BACKGROUND:
As discussed previously at the April 2, 1996 Council meeting, 4th Avenue was previously
a County road and speed limits were established by the County under its jurisdiction.
Currently, the speed limit for much of 4th Avenue is 50 m.p.h. Along 4th Avenue in the
past year, residential development has occurred with the development of Prairie Bend and
the recently approved Pinewood Estates plat along with the existing Knights of Columbus
Hall. The character of this area is changing from a rural setting to a more urbanized and
densely populated area. Per Minn. Statute Chapter 169, the City may declare an urban
district by resolution and thus establish on that segment the speed limit for urban district
as prescribed further in the statute which would be 30 m.p.h. The attached resolution
would designate 4th Avenue, from Marschall Road to Shenandoah Drive, an urban
district and thus allow the City to post 30 m.p.h. speed limit signs along this segment.
ALTERNATIVES:
1. Adopt Resolution No. 4433.
2. Deny Resolution No. 4433.
3. Table for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No. 1,to adopt Resolution No. 4433.
ACTION REQUESTED:
Offer Resolution No. 4433, A Resolution Declaring an Urban District on 4th Avenue,
from Marschall Road to Shenandoah Drive and move its adoption.
BL/pmp
MEM443 3
•
RESOLUTION NO. 4433
A Resolution Declaring An Urban District
On 4th Avenue, From Marschall Road
To Shenandoah Drive
WHEREAS, the City of Shakopee desires to designate an Urban District on 4th
Avenue, from Marschall Road to Shenandoah Drive; and
WHEREAS, Minnesota Statute Chapter 169 allows the governing body of the
City to declare a segment to be an Urban District by resolution; and
WHEREAS, by adopting a resolution declaring an Urban District for 4th Avenue,
from Marschall Road to Shenandoah Drive, the speed limit shall be established as
prescribed in state statute to be 30 miles per hour.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE: that the City hereby declares that 4th Avenue, from
Marschall Road to Shenandoah Drive is an Urban District as per Minn. Statute Chapter
169, and speed limit shall be established as prescribed in this Statute.
Adopted in,/9,JAA J session of the City Council of the City of Shakopee,
Minnesota, held this 7 day of Y� �" -- ., 1996.
r - qty of Shakopee
ATTEST:
OA
_ . ...4A .;_
City 1-rk
Approved as to form:
.aril L___Q_____/-4, •
City Attorney
RESOLUTION NO. 4433
A Resolution Declaring An Urban District
On 4th Avenue, From Marschall Road
To Shenandoah Drive
WHEREAS, the City of Shakopee desires to designate an Urban District on 4th
Avenue, from Marschall Road to Shenandoah Drive; and
WHEREAS, Minnesota Statute Chapter 169 allows the governing body of the
City to declare a segment to be an Urban District by resolution; and
WHEREAS, by adopting a resolution declaring an Urban District for 4th Avenue,
from Marschall Road to Shenandoah Drive, the speed limit shall be established as
prescribed in state statute to be 30 miles per hour.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE: that the City hereby declares that 4th Avenue, from
Marschall Road to Shenandoah Drive is an Urban District as per Minn. Statute Chapter
169, and speed limit shall be established as prescribed in this Statute.
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
/o
MEMO TO: Barry Stock, Acting City Administrator
FROM: Bruce Loney, Public Works Director IR--,,
SUBJECT: Purchase Vibratory Roller Compactor
DATE: April 17, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
The Public Works Department is requesting City Council authorization to purchase a new
vibratory roller compactor as identified in the 1996 Capital Equipment Budget - Street
Division.
BACKGROUND:
The Street Division of the Public Works Department has included $20,000.00 in the
Capital Equipment Budget for purchasing one new vibratory roller compactor.
The Public Works Department (streets), currently has one Rosco Vibrostat II roller
compactor. This roller was purchased in 1979 and used to compact road repairs both
large and small throughout the City.
Staff is recommending purchasing a new vibratory roller compactor to update their
equipment. The current roller is 17 years old and has been well used over the years. Also
staff recommends buying a transport package with the new roller, consisting of transport
wheels that are hydraulically raised and lowered and toe pole also hydraulically raised
and lowered. The existing roller transporting is done by a trailer towed by one of the
City's vehicles.
With the transport package there is no need for a trailer. The roller can be towed safely
within the City and at highway speeds. The operator's job is safer and more cost effective
with time savings of a quicker transport of the roller to each repair site. Currently, the
roller must be loaded on a trailer and involves lowering and raising trailer ramps and
securing the roller each time. The transport package allows the roller to be connected to a
vehicle and transport wheels lowered from the roller.
ADVANTAGES OF ROSCO OVER CURRENT CITY ROLLER COMPACTOR
• New and Heavier Frame -Approximately 300 Lbs.
• Heavier Steering Assembly
• Heavier Duty Drive Pump Assembly
• Front Roller has Roller Bearing - Current Roller has Bushings
• Update 12 Horsepower to 20 Horsepower Engine
Comparison of the Rosco Roller to Beuthling Roller
Rosco Beuthling
Working Weight 3800 Lbs. 4950 Lbs.
Drum Diameter Frt. 20", Rear 22" Frt. 24", Rear 26"
Rear Vibratory Drum 2132 Lbs. 5200 Lbs.
Centrifugal Force at Centrifugal Force at
1600 V.P.M. 2300 V.P.M.
4518 Lbs. 8150 Lbs.
Applied Force Applied Force
Poly Water Tank 42 Gallons 50 Gallons
Controls for Towing Operation Hydraulic Only Electric over
Hydraulic
Locking Device for Towing None Both on the Pole
and Wheels
Lighting for Transportation None Stop, Turn&
Tail Lights
Locking Filler Caps None Fuel &Hydraulic
Comparison of the Rosco Roller to Beuthling Roller
Rosco Beuthling
Warranty 1 Yr. Parts/Labor 2 Yrs. Labor/
1 Yr. Major Parts
Life Expectancy 15 -20 Yrs. 12 - 20 Yrs.
Transport Option $2,545.00 $3,303.00
Staff has contacted owners of both Rosco and Beuthling rollers and all owners support
their purchases saying they have had good luck with their machines. The owners
contacted were Mn/DOT, City of Bloomington, City of St. Paul and the airport, having
both Rosco's and Beuthling's.
This new roller compactor will assist the Public Works Department in meeting the need
of repairing streets.
Staff has contacted several dealers and only two dealers supply small portable roller
compactors and they have submitted the following proposals:
Name of Dealer Vibratory Roller Compactor Trade
Price
Ruffridge -Johnson Rosco Vibrostat III $1,500.00
(Mpls.)
TOTAL PRICE WITH TRADE & TAX - $14,864.21
Aspen Equipment Vibra $1,000.00
(Bloomington) Beuthling Model B300T
TOTAL PRICE WITH TRADE & TAX - $15,070.82
The amount budgeted for this vibratory roller compactor is $20,000.00.
ALTERNATIVES:
1. Accept Aspen Equipment's quotation for a total cost of$15,070.82.
1
2. Accept Ruffridge-Johnson Equipment's quotation for a total cost of$14,864.21.
3. Deny the above request.
RECOMMENDATION:
After comparing both machines and specifications, the Public Work's staff is
recommending purchasing the Beuthling B300T. The Beuthling vibratory roller has
much more compactive force for asphalt pavement repairs and additional features than
the Rosco model,thus in staff's opinion,the Beuthling model is a better buy.
ACTION REQUESTED:
Authorize the purchase of the Beuthling B300T vibratory roller compactor from Aspen
Equipment Co. of Bloomington, MN, per their quotation of$15,070.82, to be expended
out of the Capital Equipment Fund- Street Division.
BL/pmp
ROLLERS
/0 /V
Memo to: Barry Stock, Acting City Administrator
From: Julie Baumann,Planner I ;
Meeting Date: May 7, 1996
RE: Request for Extension of Time to Request Approval for the Final Plat for the
Westridge Lake Estates Planned Unit Development
INTRODUCTION
The City has received a request from Mr. Darrel E. Gonyea, President of Gonyea Land Company, to
extend the 12 month time period for filing a request for approval of a Final Plat after approval of the
Preliminary Plat by the City Council(Please see Exhibit A). The City Code states that the City Council
may extend the time period of Preliminary Plat approval upon written application by the developer.
Each extension cannot exceed a twelve(12)month period.
BACKGROUND
On August 17, 1993, the Shakopee City Council approved the Preliminary Plat for Westridge Lake
Estates. City Code Section 12.03, Subd. 3.G states, "Approval of the Preliminary Plat by the Council
shall give the applicant the following rights for a 12 month period from the date of approval:
1) The general terms and conditions under which the approval was granted will not be
changed by the City;
2) That the applicant may submit on or before such expiration date, the whole or any part of
the approved plat for final approval;
3) The Council may extend the time period of preliminaly approval upon written application
by the developer and for good cause shown. Each time extension shall not exceed a 12
month period"
On May 16, 1995, the City Council approved a 12 month time extenison for the approval of Westridge
Lake Estates Planned Unit Development. A series of additions are planned for the Westridge Lake
Estates Planned Unit Development, but only the first and second additions have received final plat
approval. The City Council approved Westridge Lake Estates 1st Addition on November 16, 1993
and Westridge Lake Estates 2nd Addition on March 19, 1996. The timing for platting of subsequent
additions has not yet been determined.
ALTERNATIVES
1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat by
an additional 12 months.
2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat by
a shorter period of time.
3. Offer and pass a motion denying the request to extend the 12 month time period for approval of
the Preliminary Plat, and require the developer to resubmit the Preliminary Plat for approval by the
City.
STAFF RECOMMENDATION
Staff recommends Alternative No. 1.
ACTION REQUESTED
Offer and pass a motion granting the developer of Westridge Lake Estates an extension of the 12
month time period for approval of the Preliminary Plat by an additional 12 months.
i:\commdev\cc\1996\cc0507\tmexwle.doc
• EXHIBIT A
GONYEA LAND COMPANYi10
605 WEST TRAVELERS TRAIL
BURNSVILLE,MINNESOTA 55337
TELEPHONE(612)882-1112
FAX(612)882-1531
March 6, 1996
MAR 8996
Mr. Paul Bilotta
City of Shakopee
129 South Holmes Street
Shakopee, MN- 55379
Dear Mr. Bilotta:
As you are aware, at the May 16, 1995 meeting the City
Council approved a motion granting an extension of the 12 month
time period for approval of the Westridge Lake Estates
Preliminary Plat by an additional 12 months. I hereby request
that the Shakopee City Council extend the Preliminary Plat
expiration date.
In the PUD process for Westridge Lake Estates, the phasing
plan called for a series of additions. It is my understanding
that the time period for Preliminary Plats is being reviewed and
may coincide with the phasing plan for the PUD' s in the future.
Under the present ordinance, it is my understanding that I will
have to continue to request extensions for these future
additions, as they are all part of the Westridge Lakes Estates
First Addition .
Sincerely,
WESTRIDGE BAY COMPANY
Darrel E. Gonyea
President
MEMORANDUM/r
1DI C)
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorne
DATE : April 25, 1996
RE: Street Light Contract
BACKGROUND:
Some time ago Valley Green Business Park provided funds in
escrow for Shakopee Public Utilities to install street lights along
Park Place, 12th Street, and a portion of Valley Park Drive . Those
lights have not yet been installed, and Valley Green now has
requested permission to install the lights itself . Valley Green
has specific desires as to the type, quantity, and quality of the
lighting.
SPUC has reviewed Valley Green' s request, and is in agreement
with their providing the work. SPUC staff does not have the time
to handle this project in addition to their other work. Once the
work is done, any remaining escrow funds will be returned to Valley
Green. If the project costs more than the funds in escrow, Valley
Green has agreed to pay the excess.
City approval is needed, because the work will be done in
public right-of-way and on land owned by the City.
ALTERNATIVES :
1 . Enter into the agreement with Valley Green and SPUC for
street lights .
2 . Do not enter into the agreement .
3 . Table for more information from staff .
RECOMMENDATION:
Authorize the appropriate City officials to execute an
Agreement with Valley Green Business Park Limited Partnership and
Shakopee Public Utilities Commission for the installation of street
lights .
[2 2 MEMO]
From:Jon R.Albinson To: KAREN MARTY Date:4/22/96 Time:12:25:38 Page 2 of 4
To: Albinson, Jon - Computer Fax From: R.A.Peterson 4271-921120 4-22-96 10:26am p. 2 of 4
AGREEMENT
This Agreement is entered into this day of , 1996 by and
between Valley Green Business Park Limited Partnership, a Minnesota Limited Partnership
("Valley Green"), the City of Shakopee, a Minnesota municipal corporation ("City") and the
Shakopee Public Utilities Commission, a body corporate and politic under the laws of Minnesota
("SPUC").
In consideration of One Dollar and other good and valuable consideration the sufficiency
of which is hereby acknowledged to, and in consideration of the terms set forth herein, it is
hereby agreed between the parties as follows:
I. Valley Green hereby agrees to prepare plans and specifications for street light
fixtures, standards and miscellaneous associated hardware (the "Project") to be installed along
Park Place, 12th Street and a portion of Valley Park Drive, as located on attached Exhibit A.
2. Valley Green agrees that prior to soliciting bids for the Project, Valley Green shall
submit the plans and specifications for the Project to the City and SPUC for approval. If Valley
Green, the City and SPUC cannot mutually agree on the required plans and specifications, then
Valley Green shall have no duty or liability under this Agreement and the Agreement shall
become null and void with no further action required by any party. The Project will be installed
with underground wiring from point of energy supply to each street light location, including
wiring located within the pole and fixture, and shall use material and methods approved by the
City and SPUC. The City and SPUC shall have 21 days from the receipt of said plans and
specifications to review and approve the same or to requests amendments. If the City and/or
SPUC fails to either approve or request amendments within said 21 day period, Valley Green
shall have the right to assume that approval has been granted and may proceed to solicit bids for
the Project.
3. Valley Green shall solicit bids for furnishing of materials associated with the
Project and installation of the Project. Valley Green shall have the right to solicit bids in any
manner it deems appropriate. If Valley Green, in its sole discretion, is dissatisfied in any way
with the bids received, it shall have the right to rebid the Project or cancel this Agreement upon
written notice to the City and SPUC. Upon the sending of such notice the parties hereto shall
have no further rights or claims under the terms of this Agreement.
4. Valley Green shall be responsible for all costs and fees associated with the
construction of the Project and the providing of materials thereto. SPUC acknowledges that it
has received funds in the amount of$15,000.00 from Valley Green("Escrowed Funds"). Upon
completion of the Project to the reasonable satisfaction of SPUC and the City,the balance of any
Escrowed Funds, if any, shall be turned over to Valley Green.
C:\DOCS1 PUBL\PEK148286 1.AQt
From:Jon R.Albinson To: KAREN MARTY Date:4/22/96 Time:12:26:56 Page 3 of 4
To: Albinson, Jon - Computer Fax From: R.A.Peterson 4271-921120 4-22-96 10:26am p. 3 of 4
5. SPUC agrees that it shall provide all necessary energy to be used by the Project.
SPUC shall provide routine maintenance and replacements for lamps, photocells, globes, ballasts
and standards which are appropriate for the Project. SPUC shall provide all necessary
maintenance, repair and replacement for the wiring associated with the Project.
6. Valley Green shall require that the party selected to install the Project shall obtain
all necessary permits and licenses required under any applicable federal,state or local laws. The
City and SPUC shall not unreasonably withhold any necessary local permits or licenses.
7. Valley Green shall require the party selected to install the Project to provide a
certificate of insurance which will protect that party, Valley Green, the City and SPUC from
claims which may result from the completion of the work on the Project. The claims covered
shall be for: a)worker's compensation which is applicable to the work of the Project; b)claims
for damages because of bodily injury or death to the contractor's employees or to any other
person other than contractor's employees arising from contractor's work under the Project; c)
claims for damages to the Project or the damage or destruction of personal property; d) claims
resulting from contractor's use of motor vehicles. The certificate of insurance shall be delivered
to Valley Green, the City and SPUC 3 business days prior to contractor's commencement of
work on the Project. The amount of coverage of the above-described insurance shall be
reasonably satisfactory to Valley Green,the City and SPUC, and shall be in at least the amount
of$300,000 per individual/$600,000 per event. Any objection to the amount of coverage must
be conveyed to Valley Green (which in turn shall convey the objection to the contractor) prior
to contractor's commencement of work on the Project.
8. Except as specifically set forth herein, each party agrees to hold the other parties
to this Agreement free from any and all claims for damage or injury arising out of conduct
associated with the terms of this Agreement.
9. If any party fails to perform as required under this Agreement, any other party
shall have a right to bring action in the appropriate Minnesota State District Court. The
party(ies) bringing said action shall have the right to reasonable attorneys fees and costs
associated with bringing said action if that party prevails in the court action.
10. Each party warrants that all necessary action has been taken to make this
Agreement a binding obligation upon that party.
11. This Agreement shall be binding upon the successors in interest and assigns of
each party.
[Next page is the signature page.]
-2-
G:1DOCIRIBL PE3K14R286 1.ACBt
From:Jon R.Albinson To: KAREN MARTY Date:4122188 Time:12:28:11 Page 4 of 4
To: Albinson, Jon - Computer Fax From: R.A.Peterson 4271-921120 4-22-96 10:26am p. 4 of 4
CITY OF SHAKOPEE
By
Its Mayor
By
Its City Clerk
By
Its City Administrator
Approved as to form:
By
Its City Attorney
SHAKOPEE PUBLIC UTILITIES COMMISSION
By
Its Chairperson
By
Its Utilities Manager
VALLEY GREEN BUSINESS PARK LIMITED
PARTNERSHIP
By Valley Green Business Park, Inc., a Minnesota
Corporation, its General Partner
By
Its
-3-
G:\DOMPUBL\PEK\4g286 1.AGR
lip
MEMO TO: Barry A. Stock, Acting City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Van Zee Wetland Replacement
DATE: May 1, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
Van Zee Homes has submitted a wetland replacement plan application. Staff has reviewed the
application, has requested an evaluation by the Technical Evaluation Panel, and has provided
public notice as required by law. The replacement plan must be acted on by the City Council in
their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act of 1991
(WCA). Attached for Council consideration is Resolution No. 4436, a resolution approving a
Wetland Replacement Plan for Van Zee Homes, Inc.
BACKGROUND:
The wetland replacement plan, as proposed by Van Zee Homes, would fill in approximately
0.072 acres of wetland and would impact an additional 0.282 acres of wetland for the
construction of a stormwater detention ponding system. These impacted wetlands are proposed
to be replaced by constructing 1.3 acres of new wetlands in the Eagle Creek Watershed.
The Wetland Replacement Plan is being proposed to accommodate the development in the area
of large lot (approx. 1 acre) single family homes. The wetland that is proposed to be filled is
adjacent to Eagle Creek, a Department of Natural Resources (DNR) designated trout stream.
Due to the delicate ecological nature of the area, an Alternative Urban Areawide Review
(AUAR) was performed to evaluate any environmental impacts of this development and a large
development adjacent to Eagle Creek in Savage. An AUAR is similar to an Environmental
Assessment Worksheet, but typically covers a larger area and may include multiple wetland
areas.
The AUAR was reviewed and recommended for approval by several agencies including; the
DNR, the Army Corp of Engineers, the Sierra Club, Trout Unlimited, and several other local,
state, federal and environmental groups. The proposal from Van Zee Homes is in compliance
with the requirements of the AUAR.
The City has requested a review of the plan by the Technical Evaluation Panel (TEP) which
consists of a City Staff member, a representative from the Soil and Water Conservation District
(SWCD), and a representative from the state Board of Soil and Water Resources (BWSR). This
h:\council\mem4436.mo
TEP is established by the Wetlands Conservation Act, with the purpose of providing a
professional, technical review of wetland issues to the City Council. The TEP has reviewed the
replacement plan and is recommending approval of the plan. Attached is a letter, which was
signed by all TEP members, indicating their recommendation to the City Council for approval of
the Wetland Replacement Plan. With the Wetland Conservation Act, a 30 day comment period
is required for the Wetland Replacement Plan. The comment period for this replacement plan
ended April 25, 1996 and staff has not received any comments.
ALTERNATIVES:
1. Adopt Resolution No. 4436.
2. Deny Resolution No. 4436.
3. Table for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No. 1. If the City Council tables this item, they should be advised
that the wetland law requires that the LGU (the City Council) make a decision on the
replacement plan within 60 days of publication of the notice. The 60 day time frame ends on
May 27, 1996, which would allow for tabling the decision to the May 21, 1996 Council meeting,
but the Council would have to act on the replacement plan at that meeting.
ACTION REQUESTED:
Offer Resolution No. 4436, A Resolution Approving a Wetland Replacement Plan for Van Zee
Homes, Inc., and move its adoption.
BL/pmp
MEM4436
h:\council\mem4436.mo
SHAKOPEE
February 15, 1996
Mr. Bruce Bullert
Community Partners, Inc.
Central Block Building
405 Division Street
Northfield, MN 55057-2019
Re: Eagle Creek Bluff
Dear Mr. Bullert:
This letter is intended to document the Technical Evaluation Panel (TEP) findings of fact on the
wetland replacement plan for the above referenced development. The following is a summary of
the activity on this replacement plan to date:
Activity Date
Original materials received re: replacement plan November 15, 1995
Request sent for additional information re: Sequencing December 4, 1995
Submittal of additional sequencing information and December 15, 1995
revised mitigation site location
Preliminary meeting with Dave Johnson, BWSR December 21, 1995
technical panel member to discuss sequencing
Received letter from Dave Johnson re: sequencing January 2, 1996
Submittal of replacement plan and supplemental January 21, 1996
information to Technical Panel Member for review
for completeness
As indicated above, the replacement plan and associated documentation was distributed to all the
TEP members in order to provide each an opportunity to review and provide comments. The
following summarizes the findings of the members of the Technical Evaluation Panel:
The Technical Evaluation Panel hereby finds, in regard to the proposed wetland replacement plan
for the Eagle Creek Bluff subdivision located in the City of Shakopee, Minnesota that:
1. The materials submitted by Community Partners, Inc. on behalf of Klaas Van Zee, Van Zee
Homes Inc., in combination with the supplemental information regarding sequencing and the
location of the mitigation site, constitutes a complete application. This application shall be
considered complete as of the date of approval hereof of all Technical Panel Members.
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718
h:\worddocsUetters\bullert.doc
2. The Replacement Plan appears to be in compliance with the requirements as set forth in the
Wetlands Conservation Act of 1991 (WCA), and the Technical Panel recommends approval of
the replacement plan to the City Council of the City of Shakopee, acting in its capacity as the
Local Governmental Unit (LGU) responsible for implementing the WCA. This
recommendation is based on review of the material which was submitted, and a site inspection
by at least on TEP member.
3. The Technical Evaluation Panel does not feel that a formal TEP meeting is required, and
therefore there will not be a TEP meeting unless the LGU determines that comments
submitted during the mandatory comment period warrant further consideration by the TEP.
We, the undersigned members of the Technical Evaluation Panel agree with items 1 through 3 as
stated above, and indicate concurrence with the recommendation to the City Council of the City
of Shakopee.
8--e-LL)
Da ' Johnson Peter Beckius David Nummer
B SWCD City of Shakopee
Date of last signature: ted. 2 y /
CC: Klaas Van Zee, Van Zee Homes, Inc.
h:lworddocsletterslbullertdoc
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RESOLUTION NO. 4436
A Resolution Approving A Wetland Replacement Plan
For VanZee Homes, Inc.
WHEREAS, the City has received a Wetland Replacement Plan from Van Zee
Homes, Inc., the applicant for wetlands located in the northeast 1/4 of the southeast 1/4 of
Section 13, Township 115, Range 22; and
WHEREAS, the applicant has exhausted all possibilities to avoid and minimize
adverse wetland impacts; and
WHEREAS, the applicant has demonstrated that the proposed Wetland
Replacement Plan complies with Minn. Rules parts 8420-0540 and 8420.0550; and
WHEREAS, public notice of the proposed Wetland Replacement Plan was
published in the "Environmental Quality Board Monitor" (EQB) and in the local
newspaper; and
WHEREAS, all interested parties on file in the office of the City Engineer or
identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland
Replacement Plan; and
WHEREAS, more than 30 days but less than 60 days have elapsed from the later
of the mailing of notice, publication in the Environmental Quality Board Monitor, or
publication in the newspaper; and
WHEREAS, the Technical Evaluation Panel reviewed the proposed Replacement
Plan and considered the public values, location, size and type of wetland being altered
and recommended approval of the Wetland Replacement Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA:
1. Based on the replacement standards in Minn. Rules parts 8420.0630, and on
the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan is
hereby approved.
2. Approval of this Wetland Replacement Plan shall become effective 30 days
after mailing of a copy of this decision to the Environmental Quality Board Monitor for
publication.
3. A copy of this decision shall be mailed to all interested parties and to the
applicant.
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
MEMORANDUM
TO: Barry Stock, Acting City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Recognition Picnic
DATE: May 2, 1996
)11
INTRODUCTION AND BACKGROUND:
At the regular meeting on April 2, City Council tabled
discussion on the annual city picnic. See March 27th memo
attached.
You may remember that Council has held a city picnic each
summer for members on boards and commissions and for city
employees. Council tabled setting a date at this time in order to
give staff the opportunity to consider one of the Council's short
range goals, "Employee/Staff Incentives/Customer Service".
A committee of employees has been established to address this
goal. The committee is in the process of evaluating possibilities,
in addition to the annual picnic. The committee would like to have
additional time to explore broader options that might address this
goal. The committee, therefore, is recommending that the annual
picnic be held this year. They plan on providing recommendations
to City Council within the next six months on how to address the
"Employee/Staff Incentives/Customer Service" goal of City Council.
RECOMMENDED ACTION:
Select a date for the 1996 annual Boards and
Commissions/Employee Picnic and direct staff to continue working on
recommendations for the "Employee/Staff Incentives/Customer
Service" goal of the City Council.
1
i
/ 0 A
MEMO TO: Barry Stock, Acting City Administrator
•
FROM: Judith S. Cox, City Clerk 9____-
RE: Recognition Picnic
DATE: March 27, 1996
INTRODUCTION:
Attached is a copy of Resolution No. 2375, A Resolution Providing For The
Recognition of Many, which was adopted in 1985. Staff is seeking Council direction on
the manner in which they wish to proceed in 1996.
BACKGROUND:
Beginning in 1985, City Council has hosted an annual family picnic for all those
members and their families who served on various boards and commissions for the
preceding year- paid for by the City. The picnic was catered by a local establishment and
the use of the municipal pool was also available at no charge to those invited.
Beginning in 1982, there has been an employee picnic held during the summer for
employees and their families. The municipal pool was also available at no charge to the
employees and their families during this time. At this picnic, Councilmembers contributed
personally for brats and pop and employees in attendance each brought a dish to share.
In 1993 the two picnics were combined and have been held on the same day since.
This picnic is catered by a local establishment.
City Council decided on having the annual picnic for board and commission
members as a small token of expressing their appreciation for the time they spend serving
their community. Prior to holding the annual picnic there was research done by an intern
to determine what the law would allow as compensation to board and commission
members. The law was very restrictive and City Council chose to host an annual picnic.
The picnic allows for a relaxed atmosphere where members and their families can easily
mingle and at the same time keeping cost down for the City.
ALTERNATIVES:
1. Continue with the combined annual board/commission and employee picnic
2. Hold two picnics, board/commission and employee
3. Discontinue holding a picnic
4. Hold a picnic this summer and direct staff to look into other options
for 1997
5. Select a date for the 1996 annual picnic
Recognition Picnic
March 27, 1996
Page -2-
RECOMMENDATION:
Alternatives 1 and 5, hold the annual combined picnic for board and commission
members and city employees; and, set a date for the picnic.
Attached is a calendar for June and July identifying those dates that meetings are
held at which time Council will not want to schedule the picnic.
ACTION REQUESTED:
Select a date for the annual picnic for board and commission members and city
employees.
,/ RESOLUTION NO. 2375
A RESOLUTION PROVIDING FOR THE RECOGNITION OF MANY
WHEREAS, through the years countless fine citizens of the City of Shakopee
have performed gratitious services for the City with no expectations of compensation
of any kind, and
WHEREAS, these countless hours of service so generously rendered have been of
great and inestimable benefit to our City and its citizens, and
WHEREAS, it has long been desired by the Shakopee City Council to show the City's
gratitude to all these public spirited citizens in some visible way.
THEREFORE, BE IT RESOLVED, That the Shakopee City Council in regular meeting
assembled, that the Shakopee City Council each year on a date selected by it, put on
a picnic, .dinner or other festivity as an expression of the City's appreciation to all
`; theublics � '� •
p spirited citizens, who would be' invited to be guests of honor of the grateful
City and to take part in an afternoon or evening of merriment, conviviality and relaxation.
BE IT FURTHER RESOLVED, That the entire cost of the said festivity be born by the
= :ity and that the proper City•officials be and hereby are authorized to -do. all things
_ecessary and proper to make the arrangements for whatever festivities and on whatever
* :ate the Council decides.
Passed in ^,, -,) session of the Shakopee City Council held this
ay of Ili 4.4 , 1985.
i
'71;6 •
./ >--Thi-,..aht...)411 0—ai .....
Mayor of the City of Shakopee
a -
.1 :TEST: •
(1:4ot. j . PK___ . . . •
ty Clerk
:epared d approved as to form this •
Iti- day of February, 1985.
:. -lius A. Coller, II, City Attorney
i
June 1996
Upcoming Meetings
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/0 k.
MEMO TO: Mayor and City Council
FROM: Barry A. Stock,Acting City Administrator
RE: Fire Station Site
DATE: May 1, 1996
INTRODUCTION:
In order to facilitate acquisition of the property identified on Vierling Drive for a
Fire Station, staff is seeking Council authorization to pursue acquisition under the threat
of eminent domain.
BACKGROUND:
On April 9,1996 Shakopee City Council directed staff to proceed with negotiations
to acquire the Hauer property located on Vierling Drive for a Fire Station site. Staff has
met with Mr. Hauer on several occasions to discuss the potential acquisition.
Staff is seeking Council authorization to pursue continued negotiation for property
acquisition under the threat of eminent domain. If the City Council takes this action, it
will provide certain tax advantages to Mr. Hauer if the City ultimately closes on the
property. Utilizing this approach may assist us in negotiating a final acquisition price.
This process was also utilized by our consultant in acquiring properties located within
Blocks 3 and 4.
When a final purchase price has been determined, staff will be forwarding this
information to City Council. At that point, Council will have to determine if it is feasible
to continue to pursue the Vierling Drive site as a final facility location. Staff expects that
we may have enough information with respect to acquisition price by our May 21st
meeting.
ALTERNATIVES:
1. Authorize the appropriate City officials to pursue acquisition of the Hauer property
located on Vierling Drive for a Fire Station site under the threat of eminent
domain.
2. Do not authorize pursuit of acquisition under the threat of condemnation.
3. Discontinue negotiation efforts for the Hauer property located on Vierling Drive.
STAFF RECOMMENDATION:
Staff recommends Alternative#1.
ACTION REQUESTED:
Authorize the appropriate City officials to pursue acquisition of the Hauer property
located on Vierling Drive for a Fire Station site under the threat of eminent domain.
BAS/tiv
MEMO TO: Mayor and City Council /DS
FROM: Barry A. Stock, Acting City Administrator
RE: New Commercial/Industrial Business Prospects
DATE: May 1, 1996
INTRODUCTION AND BACKGROUND:
At the request of Councilmember Sweeney, staff has placed on the agenda this evening the issue
of new commercial/industrial prospects. Mr. Sweeney has suggested that he would like to discuss
the process that is currently being utilized by City staff in dealing with commercial/industrial
inquiries. Staff will be prepared to answer any questions that may arise relative to this discussion.
/0i—
MEMO TO: Barry A. Stock,Acting City Administrator
FROM: V. Paul Bilotta, Community Development Director
MEETING DATE: May 7, 1996
RE: Planner I Vacancy
INTRODUCTION:
At the March 12, 1996 meeting, the City Council directed staff to immediately take the steps
necessary to hire a Planner II and then to fill a Planner I vacancy at a later date. Several Planner I
hiring processes were suggested, however, a preferred option was not indicated. The Planner II
application deadline was April 30.
DISCUSSION:
Staff needs further clarification from the City Council on the preferred method of hiring a Planner I
and the desired timeframe. Two options are:
1. Advertise for a Planner I at this time. The advantage to this approach is that there are a
large number of people graduating at this time of year looking for full-time employment so
the pool of applicants is large and furthermore, you may be able to find someone with
experience willing to take an entry-level position.
2. Advertise for interns at this time with the intent of possibly hiring one later. The
advantage to this approach is that you get to observe potential applicants over an extended
period and they get to familiarize themselves with the workload. The disadvantage is that
you may be able to get a better quality of entry level applicant by offering a full-time
position due to the scarcity of full-time positions and you limit yourself to inexperienced
employees.
ALTERNATIVES:
1. Direct staff to advertise for a Planner I.
2. Direct staff to advertise for up to three interns.
3. Direct staff to advertise for these positions immediately.
4. Direct staff to advertise for these positions at some other stated time.
5. Provide some other direction to staff.
6. Table action on this item and request additional information from staff.
ACTION REQUESTED
1. Provide direction to staff on the preferred method of implementing the City Council's
staffing direction from March 12, 1996.
2. Direct staff to take the steps neccesary to implement the City Council's preferred
alternative and move its adoption.
/O (&
MEMO TO: Barry A. Stock,Acting City Administrator
FROM: Bruce Loney,Public Works Director
SUBJECT: Approval of Mn/DOT Traffic Control Signal
Agreement No. 74811 Between Mn/DOT, Scott County
and the City of Shakopee
DATE: April 23, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
Attached is Resolution No. 4432, a resolution which approves Agreement No. 74811
which is a Cooperative Agreement between Mn/DOT, Scott County and the City of
Shakopee for traffic control signals on the north and south ramps at County State Aid
Highway (CSAR) 17 and County Road (C.R.) 83 in connection with Trunk Highway
(T..H.) 101.
BACKGROUND:
The Shakopee Bypass is under construction which will realign T.H. 169 to the new
Bloomington Bridge. Mn/DOT is proposing to install traffic control signals on the north
and south ramp intersections with CSAH 17 and C.R. 83 in conjunction with the
construction improvement of the Shakopee Bypass.
In this Agreement No. 74811, Mn/DOT has outlined the responsibilities and costs
associated with these signals between Mn/DOT, Scott County and the City. The City
would be responsible for this agreement for 10% of the initial cost to install the
emergency vehicle preemption (EVP) systems for each signal location at the two County
roads. The total cost to the City including 8% engineering and inspections costs is
estimated to be $2,592.000. The City is also responsible for providing an adequate power
supply to the service pads or poles. Upon completion of the traffic control signals, along
with street light installation, the City shall provide the necessary electrical power for their
operation at the sole cost and expense of the City. In traffic control signal agreements
between the State or the County,the City is required to install the electrical power supply
and pay for the electrical power costs for the operation of signals within their jurisdiction.
On Paragraph 8 on Page 10 of the agreement, it states the City shall provide the necessary
electrical power for the operation of the existing traffic control signals on C.R. 83 and
C.R. 16. Currently the City is already paying for this power as required per the City and
County Cooperative Agreement for that signal installation. On Item 1 for the emergency
vehicle preemption system costs, the City's share for this system is 10%. Federal and
State Aid will pick up 90% of the costs. Total costs of this system is estimated to be
$25,900.00. Staff has contacted both the Fire Chief and the Police Chief in this matter
and both are very supportive of this expenditure by the City at this time. The City's share
of the EVP system as mentioned previously is $2,592.00 and staff recommends this
expenditure from the Capital Improvement Fund.
ALTERNATIVES:
1. Approve Resolution No. 4432.
2. Deny Resolution No. 4432.
3. Table for more information.
RECOMMENDATION:
Staff recommends Alternative No.1,to adopt Resolution No. 4432.
ACTION REQUESTED:
Offer Resolution No. 4432, A Resolution Authorizing the Execution of Agreement No.
74811 - Traffic Control Signal, between Mn/DOT, Scott County and the City of
Shakopee and move its adoption.
BL/pmp
MEM4432
MINNE' OTA TRANSPORTATION DEPARTMENT
TRAFFIC IONTROL SIGNAL
AGREE! .NT NO. 74811
ETWEEN
THE STATE OF . :INNESOTA. DEPARTMENT OF TRANSPORTATION
AND
THE CO :TY OF SCOTT
AND
THE CITY OF SHAKOPEE
TO
Install new Traffic Control Signals with Street Lights, Emergency
Vehicle Pre-emption and Signing on Trunk Highway No. 101 South
and North Ramps at County State Aid Highway No. 17 (Marschall
Road) and at County Road No. 83 (Canterbury Road) ; Install
Interconnect on County State Aid Highway No. 17 (Marschall Road)
from Trunk Highway No. 101 South Ramps to Vierling Drive; Install
Interconnect on County Road No. 83 (Canterbury Road) from County
State Aid Highway No. 16 (Eagle Creek Boulevard) to Trunk Highway
No. 101 North Ramps; and Provide Maintenance and Electrical
Energy for the existing Traffic Control Signal with Street Lights
on County Road No. 83 (Canterbury Road) at County State Aid
Highway No. 16 (Eagle Creek Boulevard) in Shakopee, Scott County,
Minnesota.
S .P. 7005-72
F. P. NHS 5407 (036)
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
County of Scott $52 , 974 . 00
City of Shakovee S 2 , 592 . 00 None
Otherwise Covered
T`iIS AGREE EN_ ue er=` :.to by anc' between the
E :ate cf M .:r :sota _ _ .a : :e .t of T _s . _tion, ,_ .ft -1
r ferr; d t as the "St ,. . " . ar : the C:u_- •-.7 .f Scot , :e. inafzer
ro,ferrd tc as the "Coin " , a::f the Cit: = Shakoes .
hereinafter referred t _ the "Citi U:T: ESSETH:
WHEREAS, Min --a _; of Sec? on 161 . 21: (1 . 94) ,
authorizes the CommissiorE r o_ Transo( rtat to to makE
arrangements with and cooperat with ny governmental authority
'for the purposes of constructi: , ma_- taining and improving the
Trunk Highway system; and
WHEREAS, the State has detemined that there is
justification and it is in the public ' s best interest to install
new traffic control signals with street lights, emergency vehicle
pre-emption and signing on Trunk Highway No. 101 South and North
Ramps at ' County State Aid Highway No. 17 (Marschall Road) and at
County Road No. 83 (Canterbury Road) ; install interconnect on
County State Aid Highway No. 17 (Marschall Road) from Trunk
Highway No. 101 South Ramps to Vierling Drive; install
interconnect on County Road No. 83 (Canterbury Road) from County
State Aid Highway No. 16 (Eagle Creek Boulevard) to Trunk Highway
No. 101 North Ramps; and provide maintenance and electrical
energy for the existing traffic control signal with street lights
on Cour:y Road No. 83 (Canterbury Road) at County State Aid
Highwa No. 16 (Eagle C. ?e Bou: e v ar.71) ; and
WHEREAS, the ( _t .- regu_.ts and the State agrees to the
instal.. tion of Emergency .'ehicle Pre-emption Systems,
hereinafter referred to as the "EV? Systems" , as a part of the
new traffic control signal installations on Trunk Highway No. 101
South and North Ramps at County State Aid Highway No. 17
(Marschall Road) and at County Road No. 83 (Canterbury Road) ; and
- WHEREAS, it is considered in the public' s best interest
for the State to provide four (4 ) pedestal shafts and bases, two
(2) master controllers, and four (4 ) new cabinets and control
equipment to operate the new traffic control signals; and
WHEREAS, it is ant_:ipated that the new traffic control
signals with street lights, EVP Systems and signing, and the
interconnect is eligible for 80 percent Federal-aid National
Highway Safety Funds; and
WHEREAS, the County, City and the State will
participate in the cost, maintenance and operation of the new
traffic control signals with street lights, EVP Systems and
signinc, and the in: r.connect, and the maintenance and operation
of the existing traffic control signal with street lights, as
hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS :
742_=
7 . The State shale prepare the necessary plan,
specific .ticn.- and propose] vhic:. shall cost: -ute =re? iminacv
Engineer .hg" . The State sha. 1 a - so perforr U con :ruction
inspecti :-i reuired to complE :e -:he items of work h'-.. =einafter set
forth, wl ich Thall constitute "Er:gineering and InspEction" and
shall be so r:,ferred to hereinafter.
2 . The contract cost of the work or, if the work is
not contracted, the cost of all labor, materials, and equipment
rental required to complete the work, except the cost of
providing the power. supply to the service poles or pads, shall
constitute the actual "Construction Cost" and shall be so
referred to hereinafter.
3. The State with its own forces and equipment or by
contract shall perform the traffic control signal work provided
for under State Project No. 7005-72 and Federal-aid Project No.
NHS 5407 (036) with the Construction Costs shared as follows :
a) Trunk Highway No. 101 South Ramps at County
State Aid Highway No. 17 (Marschall Road) .
System "A" .
1 . Install a new traffic control signal
with street -lights and signing.
Estimated Construction Cost is
$110, 250 . 00 which includes Mate
74811
furnished matera:_s . Anticipated
Federal-aid sh: ::€ is 80 percent.
Anticipated Ste ' s share is 10 percent .
County' s share - s 10 percent.
2 . Install EVP Sys .e :. Estimated
Construction Cost is $6, 000 . 00.
Anticipated Federal-aid share is 80
percent . Anticipated State ' s share is
10 percent . City' s share is 10 percent.
b) Trunk Highway No. 101 North Ramps at County
State Aid Highway No. 17 (Marschall Road) .
System "B" .
1 . Install a new traffic control signal
with street lights and signing.
Estimated Construction Cost is
$110, 250 . 00 which includes State
furnished materials . Anticipated
Federal-aid share is 80 percent .
Anticipated State ' s share is 10 percent .
County' s share is 10 percent.
2 . Install EVP System. Estimated
Construction Cost is $6, 000 . 00 .
Anticipated Federal-aid share is 80
7481
percent. Anticird share is
10 percent . Cit : ' s sh is 10 percent.
c) Trunk Highway No. 101 Sc .th =amps at County
Road No. 83 (Canterbu:y oa :; . System "C" .
1 . Install a new traff :ntrol signal
with street lights L :gid gning.
Estimated Construction Cost is
$125, 250. 00 which includes State
furnished materials. _icipated
Federal-aid share is 80 percent .
Anticipated State' s share is 10 percent.
County' s share is 10 percent .
2 . Install EVP System. Estimated
Construction Cost is $6, 000. 00.
Anticipated Federal-aid share is 80
percent . Anticipated State ' s share is
10 percent . City' s share is 10 percent.
d) Trunk Highway No. 101 North Ramps at County
Road Nc. 83 (Canterbury Road) . System "D" .
1 . Install a new traffic control signal
with street lights and sicninq.
Estimated Construction Cost is
$107, 250 . 00 which includes .gate
74811
r
J
furnished materials . Anticipated
Federal-aid share is 80 percent.
Anticipated State ' s share is 10 percent.
County' s share is 10 percent .
2 . Install EVP System. Estimated
Construction Cost is $6, 000 . 00 .
Anticipated Federal-aid share is 80
percent. Anticipated State ' s share is
10 percent. City' s share is 10 percent .
e) On County State Aid Highway No. 17 (Marschall
Road) from Trunk Highway No. 101 South Ramps
to Vierling Drive. Install interconnect "A" .
Estimated Construction Cost is $13, 000 . 00
which includes State furnished materials.
Anticipated Federal-aid share is 80 percent.
F^ '
Anticipated State ' s share is 7 . 5 percent.
County' s share is 12 . 5 percent.
f) On County Road No. 83 (Canterbury Road) from
County State Aid Highway No. 16 (Eagle Creek
Boulevard) to Trunk Highway No. 101 North
Ramps . Install interconnect "B" . Estimated
Construction Cost is $17, 000 . 00 which
includes State furnished mater= --i = .
74511
i .
Anticipated Federal-aid share is 80 percent.
Anticipated State ' s sh re is 7 . 5 oe2 :ent .
County' s share is 12 . 5 cercent .
4 . Upc -: execution of this agreement and a request is
writing by the StEte, the County and City shall each advance to
the State an amour _ equal to their portion of the project costs.
The County' s and City' s total portion shall consist of the sum of
the following:
a) The County' s and City' s share (as specified
in Paragraph 3) based on the actual bid
prices and the estimated State furnished
material costs.
b) Eight (8) percent of their share [Item (a)
above] for the cost of Engineering and
Inspection.
5 . Upon completion and final acceptance of the
project, the County' s and City' s final share shall consist of the
sum of the following:
a) The County' s and City' s share (as specified
in Paragraph 3) , based on the final payment
to the Contractor and the actual State
furnished materials costs .
74811
-8-
b) Eight (8) percent c _ their final share [Item
(a) above] for t '.e :ost of Engineering and
Inspection.
The amount of the funds advanced by the County and
City in excess of the County' s and Cit} ' s share will be returned
to the County and City without interest and the County and City
agrees to pay to the State that amount of their final share which
is in excess of the amount of the funds advanced by the County
and City.
6. The City shall provide an adequate electrical
power supply to the service pads or poles, and upon completion of
said new traffic control signals with street lights installations
(Systems "A", "B", "C" and "D") shall provide the necessary
electrical power for their operation at the cost and expense of
the City.
7 . Upon completion of the work contemplated in
Paragraph 3 hereof, it shall be the County' s responsibility, at
its cost and expense, to: (1) maintain the luminaires and all
its components, including replacement of the luminaire if
necessary; (2) relamp the new traffic control signals with street
lights, except for the Red LED signal indications which shall be
relamped by the State for the 5 year warranty period and by the
County thereafter, and (3) clean and paint the new traffic
74811
c _.trol signals, cabinets ar.ci luminaire mast arm extensions . It
-:all 1- a the S ate ' s re: _.Don ;bility; at its cost and expense, to
n 3_ntai l the i terconnec:: a signing and to perform all other
t2affic control signal End street light maintenance.
8 . The City, at its own cost and expense, shall
provide the necessary elect. .ical power for the operation of the
existing traffic control sial with street lights installation
on County Road No. 83 (Canterbury Road) at County State Aid
Highway No. 16 (Eagle Creek Boulevard) .
9. At the existing traffic control signal on County
Road No. 83 (Canterbury Road) at County State Aid Highway No. 16
(Eagle Creek Boulevard) , it shall be the County' s responsibility,
at its cost and expense, to: (1) maintain the luminaires and all
its components, including replacement of the luminaire if
necessary; (2) relamp the traffic control signal and street
lights; and (3) clean and paint the traffic control signal,
cabinet and luminaire mast arm extensions . It shall be the
State ' s responsibility, at its ccst and expense, to maintain the
interconnect and perform all other traffic control signal and
street light maintenance, and be responsible for the timing and
operation of the existing traffic control signal, all on a
reimbursable basis with the County.
74E11
10 . The EVP Systems provided for in Paragraph 3 hE eof
shall be ins ailed, operated, raintained, or removed in
accordance w: th the following :onditions and requirements :
a) All maintE 7:ance of the EVP Systems shall be
done by State forces .
b) Emitter urts may be installed and used only
on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169. 01,
Subdivision 5 and 169. 03 . The City will
provide the State' s Assistant Division
Engineer or his duly appointed representative
a list of all such vehicles with emitter
units .
c) Malfunction of the EVP Systems shall be
reported to the State immediately.
d) In the event said EVP Systems or components
are, in the opinion of the State, being
misused or the conditions set forth in
Paragraph b above are violated, and such
misuse or violation continues after receipt
by the City of written notice thereof from
the State, the State shall remove the EVP
Systems . Upon removal of the EVP Systems
74911
1 -
i .
pursuant to 7..his Paragraph, the field wiring,
cabiet wir :-.:, detector receivers, infrared
dete ,tor he .os and indicator lamps and all
other compo. _nt = shall become the property of
the State.
e) All timing = sEd EVP Systems shall be
determined i ,, the State through its
Commissioner of Transportation.
11 . The State and the Tounty shall enter into Traffic
Control Signal Maintenance Agreennt No. 74839-R for the
intersection of County Road No. 83 (Canterbury Road) at County
State Aid Highway No. 16 (Eagle Creek Boulevard) covering
maintenance of the traffic signal cabinet and control equipment,
repair of knockdowns of the traffic control signal system,
performance of all other traffic control signal and street light
maintenance not performed by the County, and the responsibility
for the timing and operation of the traffic control signal by
State Forces and the terms and conditions covering payment
therefore by the County.
12 . Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the County or City and any and all claims that may or might arise
under the Workers ' Compensation ?ct of this State on behalf of
1. 11111. .11111-) 1
•
said employees while so engaged, and any and all claims made by
any fourth party as a consequence of any act or omission on the
part of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsibility of the County or City. The State shall not be
responsible under the Worker' s Compensation Act for any employees
of the County or City.
13 . All timing of the new traffic control signals
provided for herein shall be determined by the State, through its
Commissioner of Transportation, and no changes shall be made
therein except with the approval of the State.
748"_1
-13-
COUNTY OF SCOTT
APPROVED AS TO FC RM:
By
Chairman of the -card
County Attorney
Dated
(County S 1)
RECOMMENDED FOR APPROVAL:
By
County Auditor
County Highway Engineer
74E11
CITY OF SHAKOPEE
APPROVED AS TO FORM:
By
Mayor
City Attorney
(City Seal)
By By
City" Clerk " City Administrator
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
By:
Assistant Commissioner
Dated
Assistant Division Engineer
Operations Division
DEPARTMENT OF ADMINISTRATION
APPROVED AS TO FORM AND
EXECUTION: By:
Dated
Assistant Attorney General DEPARTMENT OF FINANCE
State of Minnesota
By:
Dated
74811
_1
/6 v.
REVISED
MEMO TO: Barry A. Stock,Acting City Administrator
FROM: Bruce Loney,Public Works Director 6.
SUBJECT: Shakopee Bypass Noise Variance
on Construction Activities (Second Segment)
DATE: May 3, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
Attached is a request from Enebak, Inc. for a variance from the City's hourly
Reconstruction on Certain Operations, Construction Activities, City Code, Section 10.60,
Subdivision D, that construction activities are permitted between the hours of 7:00 A.M.
and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any
weekend or holiday.
BACKGROUND:
Enebak, Inc. is the general contractor for the second segment of the Shakopee Bypass
Project. The contractor will be starting work again on the Shakopee Bypass from Trunk
Highway (T.H.) 169 to .4 miles west of County State Aid Highway (CSAH) 17. this
request from the contractor is for extended hours to accommodate a double shift of the
truck hauling of material on the Shakopee Bypass second segment project. Enebak is
proposing to Mn/DOT and the City of Shakopee to work beyond the City's Ordinance
and are a follows: Monday- Saturday (6:00 A.M. to 11:00 P.M.).
This segment of the Shakopee Bypass from C.R. 79 to CSAH 17 has residential
developments adjacent to the roadway construction, mainly the P&V Subdivisions,
Homestead Ridge and Meadows Subdivisions. The residential properties east of C.R. 79
do have earth berms for noise mitigation constructed as part of the development
construction or Mn/DOT Shakopee Bypass construction.
The Council, per the City Code, may suspend the operations of Subparagraph D of
Subdivision 3 in Section 10.60 for a specific purpose at a specific location and for a
specific length of time by Council action and by giving public notice of the nature and
limits of such suspension.
The Council has granted similar variances for construction activities such as the
Minibypass Project and the 1st segment of the Shakopee Bypass and did grant a variance
to Enebak, Inc. in 1995 and on February 20, 1996.
If a variance is granted, staff would recommend the following conditions:
1. Approval is contingent upon minimizing noise exposure near residential
areas.
2. If excessive residential complaints are reviewed by the City,the variance
can be revoked at the discretion of the City Council.
If Council grants a variance, a public notice is needed to meet the City Code requirement
and a notice such as a news release would be placed in the Shakopee Valley News.
ALTERNATIVES:
1. Approve a variance with conditions, as outlined in the staff memo, for the
construction activities on the Shakopee Bypass second segment and to allow
construction at times and on days as determined by Council.
2. Approve a variance with conditions, as outlined in the staff memo, for the area west
of C.R. 17 to T.H. 169.
3. Deny the variance.
RECOMMENDATION;
Staff recommends Alternative No. 1, with construction times and days from 6:00 A.M.
to 11:00 P.M.,Monday-Saturday, until August 1, 1996 as requested.
ACTION REQUESTED:
Move to waive the noise prevention section of the City Code for Construction Activities
(Section 10.60, Subd. 3D) to allow Enebak, Inc. to construct the Shakopee Bypass and to
allow construction activities from 6:00 A.M. to 11:00 P.M., Monday - Saturday, until
August 1, 1996 and with conditions as outlined in the memo.
BL/pmp
ENEBAK
MEL
JDv
MEMO TO: Barry A. Stock,Acting City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Shakopee Bypass Noise Variance
on Construction Activities(Second Segment)
DATE: May 3, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
Attached is a request from Enebak, Inc. for a variance from the City's hourly
Reconstruction on Certain Operations, Construction Activities, City Code, Section 10.60,
Subdivision D, that construction activities are permitted between the hours of 7:00 A.M.
and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any
weekend or holiday.
BACKGROUND:
Enebak, Inc. is the general contractor for the second segment of the Shakopee Bypass
Project. The contractor will be starting work again on the Shakopee Bypass from Trunk
Highway (T.H.) 169 to .4 miles west of County State Aid Highway (CSAH) 17. this
request from the contractor is for extended hours to accommodate a double shift of the
truck hauling of material from County Road (C.R) 79 to the east end of the project which
is .4 miles west of CSAH 17. Enebak is proposing to Mn/DOT and the City of Shakopee
to work beyond the City's Ordinance and are a follows: Monday - Saturday (6:00 A.M.
to 11:00 P.M.).
This segment of the Shakopee Bypass from C.R. 79 to CSAR 17 has residential
developments adjacent to the roadway construction, mainly the P&V Subdivisions,
Homestead Ridge and Meadows Subdivisions. The residential properties east of C.R. 79
do have earth berms for noise mitigation constructed as part of the development
construction or Mn/DOT Shakopee Bypass construction.
The Council, per the City Code, may suspend the operations of Subparagraph D of
Subdivision 3 in Section 10.60 for a specific purpose at a specific location and for a
specific length of time by Council action and by giving public notice of the nature and
limits of such suspension.
The Council has granted similar variances for construction activities such as the
Minibypass Project and the 1st segment of the Shakopee Bypass and did grant a variance
to Enebak, Inc. in 1995 and on February 20, 1996.
If a variance is granted, staff would recommend the following conditions:
1. Approval is contingent upon minimizing noise exposure near residential
areas.
2. If excessive residential complaints are reviewed by the City,the variance
can be revoked at the discretion of the City Council.
If Council grants a variance, a public notice is needed to meet the City Code requirement
and a notice such as a news release would be placed in the Shakopee Valley News.
ALTERNATIVES:
1. Approve a variance with conditions, as outlined in the staff memo, for the
construction activities from C.R. 79 to the east end of the project and to allow
construction at times and on days as determined by Council.
2. Approve a variance with conditions, as outlined in the staff memo, for the area west
of C.R. 17 to T.H. 169.
3. Deny the variance.
RECOMMENDATION;
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to waive the noise prevention section of the City Code for Construction Activities
(Section 10.60, Subd. 3D) to allow Enebak, Inc. to construct the Shakopee Bypass and to
allow construction activities at times and on days as determined by Council and with
conditions as outlined in the memo.
BL/pmp
ENEBAK
MAY 03 '96 09:04AM ENEBAK CONSTRUCTION P.2/2
wILICch„ EMBERS consmucnon coianv
P.O.Box 458 Northfield, Minnesota 55057 507-645-8962 612-333-1307
May 3, 1996
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Attention: Mr. Bruce Loney
Regarding: SP 7005-57 TH101
working Hours
Dear Bruce:
Enebak Construction Company requests a variance in work hours for
the TH 101 By-pass construction. I believe the normal working
hours for Shakopee are 7 :00 A.M. to 10:00 P.M. , Monday through
Friday and 9:00 A.M. to 9 :00 P.M. on Saturday.
We are requesting working hours of 6 :00 A.M. to 11 :00 P.M. , Monday
through Saturday to accommodate a double shift for our trucking
operation.
We would like to begin these working hours on May 13, 1996, if
possible, and would complete this by August 1, 1996.
Please review and respond at your earliest convenience.
Thank you.
Kevin W. Hchfe1d
Project Manager
KWH/sk
"An Equal Opportunity Employer'
/ AJ
MEMO TO: Mayor and City Council
FROM: Barry A. Stock, Acting City Administrator
RE: Building Inspector Position
DATE: May 7, 1996
INTRODUCTION:
On April 2, 1996 City Council authorized the appropriate City officials to take the necessary steps
to fill a full time permanent Building Inspector Position.
BACKGROUND:
On Monday May 6, 1996 the Building Official and I interviewed candidates for the Building
Inspector position. Consensus was reached with respect to the preferred candidate. At this time,
staff is recommending that Mr. Steven Thorpe be appointed to fill the full time Building Inspector
position effective May 22, 1996.
Mr. Thorpe is currently the Building Official with the City of St. Peter. He also has previous
inspection experience with the City of Shoreview.
Mr. Thorpe has agreed to accept the position at Step 1 of the Clerical, Technical and Custodial
Bargaining Unit 1996 Pay Plan($31,294.22). It should be noted that the position is subject to the
customary six month probationary period.
Due to the workload within the Building Department, staff is requesting that the position
appointment be made as quickly as possible.
ALTERNATIVES:
1. Appoint Mr. Steven Thorpe to the Building Inspector position at Step 1 of the 1996
Clerical, Technical and Custodial Bargaining Unit Pay Plan($31,294.22) effective May
22, 1996.
2. Do not fill the full time Building Inspector position at this time.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Appoint Mr. Steven Thorpe to the Building Inspector position at Step 1 of the 1996 Clerical,
Technical and Custodial Bargaining Unit Pay Plan($31,294.22) effective May 22, 1996.
1D
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorne
DATE: May 1, 1996
RE: Adult Use Ordinance
BACKGROUND:
Last year the Community Development Commission requested the
City Attorney to prepare an ordinance regulating adult uses . Their
objective was to eliminate or prevent the harm which could occur in
our downtown and to our City if these uses congregated in one area.
Due to the requirements of the First Amendment, we cannot ban these
uses, but we are allowed to take measures to protect our City from
the negative impacts from these uses .
The City Attorney and Community Development Director worked
with the City Attorneys and Planners for Minnetonka, St . Louis
Park, and Prior Lake to establish a constitutional, narrowly-drawn
ordinance regulating these uses . The legal research for this
ordinance, a summary of studies done by other cities, and the
generalized draft ordinance were provided to the City Council for
review in April .
DISCUSSION:
Assuming that the City Council is interested in adopting this
type of ordinance, two issues need to be addressed: how the
businesses will be regulated, and whether to set hours of
operation.
1 . How to regulate : adult uses can be regulated in the
zoning ordinance, can be licensed, or can be treated as a nuisance.
Each of these means has advantages and disadvantages . If the uses
are regulated in the zoning ordinance, it becomes easy to
distinguish which are allowed in which zone, and the regulations
can be modified to reflect the zone. However, our zoning ordinance
is a relatively "clean" one, with little regulation of uses.
Either a use is appropriate in a zone, or it is not . The
regulation of the businesses is excluded from the zoning ordinance.
So, this ordinance would not fit particularly well in our current
zoning ordinance.
If the uses are licensed, this gives the City an easy way to
impose restrictions . We already heavily regulate a number of
businesses through their licenses . A violation would require a
hearing before the City Council and a suspension or revocation of
the license. However, if the uses are licensed, then they have the
right to say that they are "licensed by the City" . The City
Council may not wish to have adult uses say that .
If the uses are regulated as a nuisance, a violation of the
ordinance becomes a police department matter to be handled in
court . The City would not be in the position of having licensed
the use, but would be able to impose its restrictions on how the
business was conducted.
2 . Hours of operation: The draft ordinance does not contain
hours of operation. Due to the increase in criminal activity after
dark, I recommend adding hours of operation to match those we have
set for pawnshops : 7 : 00 a.m. to 10 : 00 p.m.
This matter also has been forwarded to the Police Department
for their review. They may have additional concerns to present to
the City Council .
In addition to finalizing this ordinance, an amendment to the
zoning ordinance will need to be prepared to restrict these uses to
the appropriate zones.
ALTERNATIVES:
1 . Regulate adult uses through zoning.
2 . License adult uses .
3 . Regulate adult uses as nuisances.
4 . Limit the hours of operation of the businesses .
5 . Leave hours of operation unrestricted.
6 . Direct staff to prepare a zoning ordinance amendment
restricting these uses to the appropriate zones .
7 . Do not regulate adult uses .
RECOMMENDATION:
Decide in which manner the City Council desires to regulate
' the uses : through zoning, licensing, or as a nuisance. Limit the
hours of operation. Direct staff to prepare a zoning ordinance
amendment restricting these uses to the appropriate zones .
REQUESTED ACTION:
Direct staff to prepare a revised ordinance reflecting the
selected method of regulation, setting hours of operation, and
incorporating any comments or concerns of the Police Department .
Direct staff to prepare a zoning ordinance amendment
restricting these uses to the appropriate zones.
[25MEMO2] -2-
ORDINANCE NO. , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY
CODE CHAPTER 10, PUBLIC PROTECTION, CRIMES AND OFFENSES, BY ADDING
A NEW SEC. 10 . 77, 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 Shakopee 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 shc,-n that among the
crimes which tend to increase either within or in the near vicinity
of sexually oriented businesses are rapes, p:: Istitution, child
molestation, indecent exposure and other le,- : and lascivious
behavior; and
WHEREAS, sexually oriented businesses are t approprate in
or near areas designed to attract children, sucr s parks, s :hools,
recreation areas, libraries, and churches; and
WHEREAS, sexually oriented businesses are not appropriate in
locations adjacent to high volume streets, because of the negative
impact such businesses have on a community' s image and property
values; 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 SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That City Code Chapter 10, Public Protection,
Crimes and Offenses, is hereby amended by adding a new Sec. 10 .77,
which shall read as follows :
SEC. 10 .77 . 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 intended to be 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, _ :rnished, or otherwise provided, and which meets
the follciing restrictions :
1. all sexually oriented material must )e provided
for :.se or mtertainment off tr businr s premises
onl ,
2
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 a 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 materi33 �
for off-site use or entertainment, which has .
separate area but does not meet the size or othc_ -
restrictions to qualify as a limited impar_ .
business; and
5. a business providing sexually oriented material
for off-site use or entertainment, where t -:
sexually oriented materials are dispersed with__
the business rather than isolated in a separa-
area.
3
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.
Subd. 3 . Prohibition. No person shall operate a sexually oriented
business except in conformity with the provisions of this Section.
Sub'.. 4. Location of a Limit3d Impact Business. A limited impact
bus . ,iess may locate in any zone as a part of a permitted or
con-litionally permitted retail use.
4
Subd. 5 . Location of a High Impact Business.
A. A high impact business may locate in the I-2 zone.
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 500 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 5,
relating to liquor, beer and wine licensing;
5. a street with an 10, 000 average daily traffic
count, as noted on the most recent Municipal State
Aid System Traffic Volume Map from the Minnesota
Department of Transportation; and
6 . 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 .
Subd. 7 . Restrictions and Regulations for a Limited Impact
Bus ,n_, s. A limited impact business is subject to the following
res :r_ tions and regulations :
5
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 5 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. 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, 518B. 01, or related statute
dealing with sexual assault, sexual conduct, harassment,
obscenity, or domestic abuse.
C. The business owner, manager, or ployee shall assure
that no person under the age of 13 inters the business .
D. No owner, manager, or employee s 11 allow any person
under the age of 18 to have acces > _o sexually oriented
materials, whether by sight, pu-c ase, touch, or any
other means .
E. No owner, manager, or employee n.._ - sell 0:- display for
sale any sexually oriented mater _3: excep in original
unopened packages .
F. Each business shall display a s_g - ra its -lain entrance
door which reads : "This business s= .ls sexually oriented
6
material or entertainment . Persons under the age of 18
are prohibited from entering. " The sign letters shall be
a minimum of two (2) inches high.
G. No business may have a license under Chapter 5 of the
City Code, and no alcoholic beverages may be consumed in
the business .
H. No business shall be open except between 7 : 00 a.m. and
10 : 00 p.m. , Monday through Saturday.
2. No business shall exceed 10, 000 square feet in gross
floor area.
J. 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.
K. 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.
L. 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 .
Subc 9. Exceptions. This Section does not regulate the
foil wing:
k. Any material with significant literary Content or social
commentary.
7
y, _
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.
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 atrickcn 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 10 . 99, Violation a
Petty 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 fr( m every other clause and
subdivision. If any clause or subdivisici is held to be invalid by
competent authority, no other clause .1r subdivision shall be
invalidated such action or decision.
Section. 1 - Effective Date. This o inance becomes effective
from and aft, r its passage and publicat-: n.
8
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: 0/�. - it i___ City Attorney
C,,
Published in the Shakopee Valley News on the day of
, 1996 .
(25MEMO2)
9
1k
MEMO TO: Barry A. Stock,Acting City Administrator
FROM: Bruce Loney, Public Works Director e"<
SUBJECT: 1996 Reconstruction Project No. 1996-2
DATE: May 2, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
Attached is Resolution No. 4434, which approves the plans and specifications and
authorizes staff to advertise for bids for the 1996 Reconstruction Project.
BACKGROUND:
On February 6, 1996, the City Council of Shakopee adopted Resolution No. 4384,
ordering the preparation of plans and specifications for the 1996 Reconstruction Project.
This project consists of reconstructing the following streets:
• Fillmore Street, from 1st Avenue to 2nd Avenue
• Naumkeag Street, from 1st Avenue to 2nd Avenue
• 5th Avenue, from Holmes Street to Spencer Street
• 7th Avenue, from Fuller Street to Sommerville Street
• Shakopee Avenue, from Holmes Street to Main Street
The plans and specifications will be completed by Tuesday, May 7, 1996. In order to
stay on schedule and get the project completed this year, staff is requesting approval of
the plans and specifications and authorize staff to advertise for bids. The bid letting date
is scheduled for June 4, 1996. The Council could award the contract on June 4, 1996 and
construction could start within two weeks after that date. The Engineering Department
has put a final completion date excluding the bituminous wearing course to October 15,
1996 in the contract. Staff will include specifications for the contractor to complete the
blocks adjacent to the school to be completed before school starts.
The 1996 Reconstruction Project has 12 blocks of streets being reconstructed and with
sanitary sewer and watermain replacement. The 1993 Reconstruction Project had 21
blocks of street being reconstructed and started after July 4, 1993. Staff feels it is
important to start a street reconstruction project with sanitary sewer and watermain
replacement as soon as possible in order to complete the project work during the warmer
summer months.
City staff has contacted property owners as necessary to help design the plans and did
conduct an informational meeting with property owners on April 30, 1996. A total of 23
persons were present at this meeting and staff did receive many worthwhile comments for
consideration and possible incorporation in the plan design. Attached is Resolution No.
4434 which authorizes advertisement for bids on this project.
The main purpose of the project is to reconstruct the street pavements while replacing the
sanitary sewer,watermain and service line infrastructure to older streets in Shakopee.
Other project highlights are as follows:
Fillmore Street- 1st to 2nd Avenue
1. No sanitary sewer and watermain construction.
2. Street width of 36 feet with 6 foot wide concrete sidewalk on each side of street
where commercial property exists.
3. Relocate Holiday Station driveway further from.l st Ave. intersection for safety and
improve driveway grade for better access of motorists.
Naumkeag Street- 1st to 2nd Avenue
1. Sanitary sewer,watermain, and storm sewer reconstruction.
2. Street width of 36 feet with 6 foot wide concrete sidewalk on each side of street
where commercial property exists.
3. Concrete curb and gutter with driveways.
5th Avenue-Holmes Street to Spencer Street
1. Sanitary sewer,watermain and minor storm sewer reconstruction.
2. Street width-44' and replacement of sidewalks.
3. Replacement of high curbs along 5th Avenue and adjacent to school and church.
7th Avenue-Fuller Street to Sommerville Street
1. New sanitary sewer on 7th Ave -east and west from Lewis Street intersection to
remove long sanitary sewer services in these blocks.
2. Installing concrete curb and gutter on north side from Fuller Street to Sommerville
Street.
3. Removing intermittent sidewalks and not replacing per Council policy.
Shakopee Avenue-Holmes Street to Main Street
1. New sanitary sewer from Lewis Street to one property owner to remove long sewer
service.
2. Lowering grade of street to create two low points to drain street area more effectively.
3. Removing sidewalks and not replacing per Council policy.
ALTERNATIVES:
1. Adopt Resolution No. 4434.
2. Deny Resolution No. 4434.
3. Table for more information.
RECOMMENDATION:
Staff recommends Alternative No. 1, to approve the plans and specifications in order to
proceed with this project as soon as possible so as to construct improvements during the
summer months and have the streets restored this year.
ACTION REQUESTED:
Offer Resolution No. 4434, A Resolution Approving Plans and Specifications and
Ordering Advertisement for Bids for the 1996 Reconstruction Project No. 1996-2 and
move its adoption.
BL/pmp
MEM4434
RESOLUTION NO. 4434
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
For The 1996 Reconstruction
Project No. 1996-2
WHEREAS, pursuant to Resolution No. 4384 adopted by City Council on February 6,
1996, Bruce Loney, Public Works Director has prepared plans and specifications for the 1996
Reconstruction Project - Fillmore Street, from 1st Avenue to 2nd Avenue; Naumkeag Street, from
1st Avenue to 2nd Avenue; 5th Avenue, from Holmes Street to Spencer Street; 7th Avenue, from
Fuller Street to Sommerville Street; and Shakopee Avenue, from Holmes Street to Main Street all
by reconstruction of street, curb & gutter, sanitary sewer, storm sewer, watermain, sidewalk and
appurtenant work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. Such plans and specifications, a copy of which is on file and of record in the Office
of the City Engineer,are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The Advertisement for Bids shall be published as required by
law.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
i1 )
MEMO TO: Barry A. Stock,Acting City Administrator
FROM: Bruce Loney,Public Works Director 06
SUBJECT: 10th Avenue Storm Sewer Laterals,Project No. 1996-5
DATE: May 1, 1996
MEETING DATE: May 7, 1996
INTRODUCTION:
Attached is Resolution No. 4437, a resolution receiving a report and ordering the
preparation of plans and specifications for storm sewer laterals on 10th Avenue, from
County State Aid Highway(CSAH) 17 to Shakopee Avenue.
BACKGROUND:
Included in the 1996 Budget and Capital Improvement Program is a project to construct
storm sewer laterals on 10th Avenue, from CSAH 17 to Shakopee Avenue and on Swift
Street from 10th avenue to Shakopee Avenue. Included in the 1996 Budget in the Street
Division is $75,000.00 for pavement overlays for the 10th Avenue and Swift Street storm
sewer laterals.
The feasibility report recommends constructing the storm sewer and patching/overlaying
on 10th Avenue, from CSAH 17 to Shakopee Avenue and Swift Street, from 10th
Avenue to Shakopee Avenue. This project is proposed to be non-assessed as neither
storm sewer laterals nor street overlaying are assessable. This being the case, a public
hearing is not necessary. By installing a storm sewer system and overlaying the
pavement, the pavement life can be extended on 10th Avenue and Swift Street and the
entire area as the storm drainage will be drained more effectively.
Staff will go through the feasibility report at the May 7, 1996 Council meeting. Staff did
a similar project on 11th Avenue, from County Road (C.R.) 15 to Tyler Street in 1994
with good results and success.
If the project is approved by City Council, authorization of design surveying services is
necessary for the design of the improvements. Staff would recommend that WSB &
Associates, Inc. be authorized and the appropriate City officials execute an engineering
design surveying service extension agreement for this project. An extension agreement
from WSB &Associates will be placed on the table for Council consideration.
ALTERNATIVES:
1. Adopt Resolution No. 4437.
2. Deny Resolution No. 4437.
3. Move to authorize the appropriate City officials to execute an extension
agreement with WSB &Associates, Inc. for the design surveying services for 10th
Avenue Storm Sewer Laterals Project.
4. Do not authorize the extension agreement with WSB &Associates, Inc..
5. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1,to adopt Resolution No. 4437 and Alternative No. 3,
to authorize the appropriate City officials to execute an extension agreement with WSB &
Associates for the design surveying services for the 10th Avenue Storm Sewer Laterals
Project.
ACTION REQUESTED:
1. Offer Resolution No. 4437, A Resolution Receiving a Report and Ordering Plans and
Specifications for 10th Avenue Storm Sewer Laterals, from County State Aid
Highway 17 to Shakopee Avenue, Project No. 1996-5 and move its adoption.
2. Move to authorize the appropriate City officials to execute an extension agreement
with WSB & Associates, Inc. for the design surveying services for 10th Avenue
Storm Sewer Laterals, from County State Aid Highway 17 to Shakopee Avenue,
Project No. 1996-5.
BL/pmp
MEM4437
RESOLUTION NO. 4437
A Resolution Receiving A Report
Ordering An Improvement And the Preparation of
Plans And Specifications
For Storm Sewer Laterals On 10th Avenue,
From County State Aid Highway 17 To Shakopee Avenue
Project No. 1996-5
WHEREAS, a feasibility report has been prepared by Bruce Loney,Public Works
Director,with reference to the improvement of 10th Avenue, from County State Aid Highway 17 to
Shakopee Avenue,by storm sewer laterals and this report was received by the Council on May 7,
1996.
WHEREAS, the 10th Avenue storm sewer lateral project was included in the 1996
Capital Improvement Program and funds budgeted for pavement overlaying in the 1996 General
fund Budget- Street Division.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. Such improvements are hereby ordered as proposed in the report dated April, 1996.
2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this
improvement. He shall prepare plans and specifications for the making of such improvements.
3. The work of this project is hereby designated as part of the 1996-5 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
May-07-96 03:37P WSB & ASSOC. INC. 612 541 -1700 P.02
B.A.Mittelstcadt,l.E.
350 Westwood Laky Office Bret A.Wein,P.F..
H(59 8441 Wayzata Boulevard Peter R.Willentmrt5,1'.E.
Minneapolis, MN 55426 Ronald W.Strata,r.E.
Ronald B.Bray,P.E_
612-541-4800
&Associates,Inc. FAX 541-1700
May 7, 1996
Mr. Bruce Loney, P.E.
Public Works Director/City Engineer
City of Shakopee
129 Holmes Street South
Shakopee,MN 55379-1376
Re: F.stimate of Cost to Provide Preliminary Surveying Services
10th Avenue Storm Sewer
WSB Project No. 1014.09
Dear Mr. Loney:
According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2(Major
Projects), this extension agreement is written to provide you with a cost "not to exceed" for preliminary
surveying services for the above-referenced project. The following process will be followed:
• Surveying will be between the existing curbs.
•
MI intersections proposed to be serviced with storm sewer will be surveyed for as-built conditions.
• Centerline profile elevations will be shot every 50 feet.
• The centerline-centerline location will be established at all crossing streets.
• The surface elevation and location of all castings and gate valves will be located.
• A point plot hard copy and electronic file will be provided.
We are proposing to complete this work on a cost"not to exceed"basis of$2300.
We are available to complete this work as soon as it is authorized and look forward to the opportunity to
serve you. We will develop a schedule for completing the surveying upon authorization to proceed.
The City of Shakopee agrees to reimburse WSA for these services in accordance with Section IV of the
Agreement for Professional Services.
If this agreement meets with your approval,please sign below and return one copy to our office.
Sincerely,
WSB&Associates nc.
544_
) r
Bret A. Weiss,P.E.
Vice President Acting City Administrator
City Clerk
Mayor
Date
c: Bob Peters, Peters,Price& Samson
File Infrastructure•Engineers•Planners
EQUAL OPPoicruNIFY EMI'LOYER c kuilit WPWImmuw Active 4t.
=
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FEASIBILITY REPORT
FOR
TENTH AVENUE STORM SEWER LATERALS
FROM MARSCHALL ROAD TO SHAKOPEE AVENUE
SHAKOPEE
SCOTT COUNTY, MINNESOTA
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I hereby certify that this plan, specification, or report was prepared by
me or under my direct supervision and that I am a duly registered
Professional Engineer under the laws of the State of Minnesota.
Date ,//7/ Registration No. 17590.
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CONTENTS
FOR THE TENTH AVENUE STORM SEWER
' SHAKOPEE,MINNESOTA
Description Page No.
' Introduction 1
' Scope 1
Background 1
Proposed Improvements 1 -2
' Cost Estimate 2-3
' Funding& Special Assessments 3
Conclusion 3
Appendix
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INTRODUCTION
IIn the 1996 Budget and the 1996 Capital Improvement Program (CIP), a storm sewer
project was included in the CIP and funds budgeted for street pavement overlays.
I .
I SCOPE
IThis report evaluates the feasibility of installing storm sewer laterals and catch basins on
Tenth Avenue. The storm sewer construction will require removing and replacing a large
I portion of the existing pavement on Tenth Avenue and Swift Street. Options for
replacement of the roadway were considered and recommendations made. This report
addresses existing drainage conditions, makes recommendations on proposed
1 improvements and funding sources and provides cost estimates.
I BACKGROUND
1 Tenth Avenue, between County Road 17 and Shakopee Avenue has drainage problems.
The existing system consists of overland drainage of stormwater in gutters to the storm
I sewer on Shakopee Avenue. In some cases stormwater has to travel 2000 feet to reach a
storm sewer inlet. During heavy storms, the streets flood making driving conditions
hazardous. Ice build up is a result of the lack of storm sewer inlets during spring thaw on
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Tenth Avenue.
The existing roadway on Tenth Avenue was constructed in 1973 and is in fair condition.
ISome problem areas exist in the intersections. These areas will be replaced as part of the
storm sewer construction.
PROPOSED IMPROVEMENTS
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A. STORM SEWER
Storm sewer isro osed for Tenth Avenue from SibleyStreet P S et to Merrifield Street which
will drain to the storm sewer on Shakopee Avenue along Swift Street. The catch basins
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' will be positioned so as to intercept stormwater from the side streets between Tenth
Avenue and Shakopee Avenue, and stormwater draining on Tenth Avenue. Please refer
' to the map in the Appendix for the proposed storm sewers.
' B. STREET CONSTRUCTION
The installation of the storm sewer will require removing approximately 30% of the
existing pavement, which will then have to be replaced. It has been estimated that 50%
of this pavement would require bituminous patching prior to an overlay. Thus 50%of the
bituminous patching cost is in the storm sewer estimated cost and 50% in the overlay
estimated cost.
This report recommends removing only what is needed for the mainline trench and
intersections. Twelve feet of the pavement would be removed adjacent to the curb on the
north side of the road to accommodate the storm sewer construction and all intersections
' would be reshaped to accommodate new drainage patterns.
After the sewer is constructed,the north side of the road would be patched, then the entire
' street would be overlayed. Overlay projects in this area have met with considerable
success. Overlaying a street typically increases the life of the pavement by ten to twelve
years.
The total cost is estimated at $215,707.93. Overlaying the street would not be assessable
1 because overlays are considered a maintenance option.
COST ESTIMATE
' A detailed cost estimate may be found in the Appendix. A summary of the estimated
costs is as follows and these costs include a 10% contingency and 25% Engineering and
Administration fees.
' Storm Sewer& Street Repair $149,207.71
Overlay $ 66.500.22
' TOTAL PROJECT COST S215,707.93
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FUNDING/SPECIAL ASSESSMENTS
1
The current Special Assessment Policy for the City of Shakopee does not allow
assessments for the construction of new storm sewer laterals. New laterals are funded
100% by the Storm Drainage Fund. The Capital Improvement Program within the 1996
' Budget included $130,000.00 budgeted for storm sewer construction on Tenth Avenue.
The roadway patching is a result of the storm sewer installation and is 100% funded by
' the Storm Drainage Fund. The street overlay is not assessable and would be funded
100% by the Pavement Preservation Fund and Storm Drainage Fund. The pavement
Preservation Budget is$75,000.00.
' As thisro'ect is not assessable, no assessment roll or calculations have J been included in
this report.
CONCLUSION
The methodology recommended in this report has been incorporated in a previous project
with good success. That project was the 11th Avenue Storm Sewer Project(11th Avenue
between County Road 15 and Tyler Street).
This report finds that the construction of storm sewer laterals on Tenth Avenue between
County Road 17 and Shakopee Avenue is both desirable and feasible. Furthermore, this
' report finds the patching and overlaying of the roadway as a result of the storm sewer
construction to be the most cost effective method of replacing the roadway.
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APPENDIX
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PAGE NO.
Proposed Storm Sewer Map 1
rStorm Sewer Cost Estimate 2
' Patching and Overlay Cost Estimate 3
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10TH AVENUE
I PRELIMINARY COST ESTIMATE
UNIT TOTAL..,,,..,,-, -.'-'--''i,..'',;-''„.''i'',;'f,z''.,',.r,.:,.,-.s.-.;..;,,:,,;,-,,','„-.':.,',-.'„''-,-4'i,'',,:-_:•,',,-,-'..,-, ':''-'',:.',.'-'!.--','.,.':':,,'::;''-::,'-,'.'';":::-..;:.--4,'.':-''''''.7.'- ::..-..–:1:;. :-:'::::'-. :1,.4.'#''''''4",5'71J,:i1,6',.,.,'4`',-.',-,. -7'., ..!-:-!:':;-.'.,-',--- -,;,::,:':-..,",.7,-_',!':',..',1:-- - -:-4!'''.---.;:';,,,'-'-,-,4,--,....A-''', - -.-
1 ITEM NO. iii, DESCRIPTION UNITS ,QTY PRICE: PRICE,
STORM SEWER
1 Bituminous Removal S.Y. 2558 $ 0.90 $ 2,302.20
L.F. 660 $ 1.75 $ 1,155.00
1 2 Remove Curb&Gutter
3 Saw Cut Bituminous S.F. 1100 $ 2.00 $ 2,200.00
I4 12” RCP L.F. 345 $ 21.00 $ 7,245.00
I5 15" RCP L.F. 290 $ 22.00 $ 6,380.00
6 18" RCP L.F. 1270 $ 24.00 $ 30,480.00
1 7 21" RCP L.F. 530 $ 27.00 $ 14,310.00
8 Catch Basin EA. 9 $ 850.00 $ 7,650.00
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9 Catch Basin/Manhole EA. 5 $ 1,000.00 $ 5,000.00
10 48"Manhole EA. 7 $ 1,200.00 $ 8,400.00
Class V(8") TON 1075 $ 7.50 $ 8,062.50
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12 31 Base Patching(2") TON 290 $ 30.00 $ 8,700.00
L.F. 660 $ 8.00 $
1 13 B-618 Curb&Gutter 5,280.00
14 Sod S.Y. 450 $ 3.00 $ 1,350.00
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Total Storm Sewer Costs $ 108,514.70
1 Plus 10%Contingency $ 10,851.47
Subtotal $ 119,366.17
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Plus 25%Engr/Admin. Fees $ 29,841.54
TOTAL EST. COSTS $ 149,207.71
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10TH AVENUE OVERLAY
I PRELIMINARY COST ESTIMATE
l P : ' _ "_ ' (UNIT TOTAL. .,,
ITEM NO. DESCRIPTION , .UNITS QTY. " PRICE.. .. PRICE
1 Bituminous Removal S.Y. 2557 $ 0.90 $ 2,301.30
I2 Saw Cut Bituminous S.F. 1100 $ 2.00 $ 2,200.00
3 Adjust Structures EA. 15 $ 100.00 $ 1,500.00
I4 Mill Bituminous S.Y. 1600 $ 1.00 $ 1,600.00
I5 Class V(8") TON 1075 $ 7.50 $ 8,062.50
6 31 Base Patching (2") TON 290 $ 30.00 $ 8,700.00
1 7 1 1/2" Bituminous Wear TON 1000 $ 24.00 $ 24,000.00
ITotal Overlay Costs $ 48,363.80
Plus 10%Contingency $ 4,836.38
ISubtotal $ 53,200.18
Plus 25% Engr/Admin. Fees $ 13,300.05
ITOTAL EST. COSTS $ 66,500.23
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