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HomeMy WebLinkAbout11/16/1993 TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 16 , 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of November 3 , 1993 8] Communications : a] Mark Pidde, President - Valley Ice Arena, Inc. b] 9] Public Hearings : None 10] Boards and Commissions : Planning Commission: *a] Land Acquisition For The Community Center *b] Proposed Land Acquisition For Electrical Substation *c] Final Plat of Westridge Bay Estates II - Res. No. 3895 11] Reports from Staff : a] Adopting Assessments on 12th Avenue, Project No. 1992-4 , Res . No. 3901 b] Application for Tattoo License *c] Payment of Special Assessment *d] Turnback of 1st Avenue from Holmes to Sommerville *e] Stop Signs on Fuller Street f] McKenna Road Improvements *g] Vacation Carry Over Request *h] Approve Payment to Plehal Blacktopping TENTATIVE AGENDA November 16 , 1993 Page -2- 11] Reports from Staff continued: *i] 1993 Street Reconstruction, Project 1993-7 *j ] Approve Bills in the Amount of $3 , 578, 285 . 24 (includes $2 , 492, 208 . 33 for transfers) k] Street Closing Request From St . Mark' s Church *1] Probation Termination - Jim Grampre 13] Resolutions and Ordinances : *a] Res . No. 3898 - Premises Permits for American Legion *b] Res . No. 3899 - Certifying Cost of Weed Cutting *c] Res . No. 3900 - Certifying Cost of Delinquent Storm Drainage Bills *d] Res . No. 3897 - Accepting Work on the 1993 Sidewalk Replacement Program, 1993-11 *e] Res . No. 2896 - Accepting Work on the 1992 Sidewalk Replacement Program, 1992-7 *f] Res . No. 3904 - Apportionment of Special Assessments *g] Res . No. 3905 - Accepting Work on Foothill Trail Storm Drainage, Project 1993-2 13] Other Business : a] b] c] 14] Adjourn to Thursday, November 18th, 1993 at 5 : 00 p.m. to award the sale of bonds. Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: November 12, 1993 1 . Attached is the Building Activity Report for October. 2 . Attached are the SPUC minutes for the Sept . 13th, Oct . 4th, Oct . 18th and Oct . 25th meetings. 3 . Attached are the Cable Commission and Public Access Corporation minutes of November 1, 1993 . 4 . Attached is correspondence from the City Planner to Andrea Meyer, Dept . of Public Safety regarding motor vehicle dealer licenses for Chris Anderson, Ron Thiebaud and Burdette Booth. 5 . Attached is a map showing the T.H. 101 Shakopee Bypass Stage Construction 10/93 submitted by the City Engineer. 6 . Attached is the Police Newsletter for Council review. 7 . Attached are the unapproved minutes of the Committee of the Whole meeting October 25, 1993 . 8 . Attached is a memorandum from the City Clerk regarding the Valley Ice Arena - Liability Insurance . 9 . Attached is the Revenue and Expenditure Reports as of October 31, 1993 . 10 . Attached is the Nov. 17, 1993 agenda for the Energy and Transportation Committee. 11 . Attached are the September 15, 1993 minutes of the Energy and Transportation Committee . 12 . Attached are the November 4, 1993 minutes of the Planning Commission and Board of Adjustment & Appeals . CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - OCTOBER 1993 October 1993 October 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 18 126 10,953,545 16 111 8,897,165 Single Family-Septic 3 26 3,478,864 2 18 2,583,260 Multiple Dwellings - 14 2,397,322 13 1,541, 060 (# Units) (YTD Units) (-) (38) - (-) (28) Dwelling Additions 2 73 453,273 4 72 301,836 Other 3 18 179,881 2 14 90,050 New Comm. Bldgs - 6 15,343,335 2 5 1,824,000 Comm. Bldg. Addns. 2 5 6,759,750 1 3 372,072 New Industrial-Sewered - - - 1 4, 500, 000 Ind. Sewered Addns. - 2 17,549,300 - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - Accessory/Garages 7 38 523, 198 6 37 317,728 Signs & Fences 8 82 146,334 11 56 93,545 Fireplaces/Wood Stoves - 7 13,750 1 5 8,705 Grading/Foundation 2 10 283,860 1 11 623, 660 Moving 1 1 - 1 - Razing - 9 80, 313 - 3 47,213 Remodeling (Res. ) 8 30 180, 012 3 29 106, 533 Remodeling (Comm/Ind. ) 6 51 3 , 361, 183 2 34 2 , 641,470 TOTAL 60 498 61,703,920 51 413 23 , 948, 297 No. YTD. No. YTD. Electrical 66 518 48 397 Plumbing & Heating 83 608 72 490 Total dwelling units in City after completion of all construction permitted to date 4 , 982 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN OCTOBER, 1993 10228 James Perry 1771 E. Shakopee Avenue Porch 15,000 10229 New Century Const. 1357 Primrose Lane House 67,000 L 2 B 4, Meadows 8th 10230 T. C. Construction 1377 Primrose Lane House 87,224 L 4 B 4, Meadows 8th 10231 New Century Const. 1373 Thistle Lane House 63,296 L 10 B 3, Meadows 8th 10232 Gerard Lieser 2913 Marcia Lane House 165,000 L 2 B 1, Weinandt Acres 10233 Laurent Builders 2057 Vierling Drive House 95,761 L 1 B 3, Evergreen 1st 10234 Rahr Malting Co. 800 West 1st Avenue Fence 15,225 10235 Opus Corporation 5276 Valley Ind. Blvd. Remodel 580,000 10236 Robert Stoks 923 Carriage Circle House 179,044 L 3 B 7, Beckrich Park Estates 10237 Rich Logeais 1431 Primrose Lane House 79,400 L 8 B 4, Meadows 8th 10238 Terry Ege 2075 Eaglewood Lane Garage 16,000 10239 Keith Weckman 1075 Naumkeag Street Garage 8,448 10240 Detail Home Bldrs. 2125 Granite Drive House 87,298 L 5 B 3, Heritage Place 3rd 10241 Novak Fleck 1444 Primrose Lane House 86,994 L 14 B 3, Meadows 8th 10242 Bremer Construction 5240 Valley Ind. Blvd. Remodel 30,000 10243 American Pawnbrokers 450 West 1st Avenue Sign 1,000 10244 Novak Fleck 1471 Primrose Lane House 73,814 L 13 B 4, Meadows 8th 10245 Jeff Bornmann Bldrs. Shakopee Town Square Demo 12,000 10246 G. F. Juergens 1227 Pioneer Lane House 152,038 L 1 B 2, Prairie Estates 3rd 10247 Detail Home Bldrs. 1188 Heritage Dr. East House 87,168 L 3 B 1, Heritage Place 3rd 7802 Highway 10248 Bob Pearson g Y 101 Spray Booth 59,000 10249 Otting House Movers 1570 E. Highway 101 Moving 10250 Westridge Bay Company Westridge Bay Estates II Grading 58,100 1816 Ruby Gil Sievers Circle Fence 150 10252 Adolf son & Peterson 917 Dakota Street Addition 3,100,000 10253 Adolf son & Peterson 1001 Adams Street Addition 3,500,000 10254 Novak Fleck 1367 Primrose Lane House 88,144 L 3 B 4, Meadows 8th 10255 Lawrence Sign 232 So. Marschall Road Sign 900 10256 David Schmitt Const. 1225 Miller Street House 127,867 L 10 B 1, Parkview 1st 10257 David Grimm 2513 Hauer Trail Window 800 10258 David Schmitt Const. 1755 Montecito Drive Garage 12,480 10259 William Olson 821 West 6th Avenue Window 750 10260 Masonic Lodge 110 E. 1st Avenue Remodel 4,500 10261 Laurent Builders 716 Stonebrooke Drive House 230,000 L 1 B 3, Stonebrooke 1st 1147 Canterbury 10262 Frank Marzario y Road Remodel 825 10263 Jamie Andreasen 1985 Granite Drive Remodel 8,000 10264 Mitchell DuBois 1086 Madison Street Window 1,100 10265 Jim Drawert 906 So. Lewis Storage Shed 250 10266 John Ries 301 West 3rd Avenue Garage 9,200 Sage Lane Remodel 9,849 1342 Sa 10267 Rich Logeais g 10268 Attracta Sign 1260 East 4th Avenue Signs 8,200 10269 Dennis Solem 1283 Limestone Drive Remodel 5,300 10270 Monnens Custom Bldrs. 1275 Miller Street House 91,000 L 15 B 1, Parkview 1st 10271 Detail Home Bldrs. 2028 Granite Drive House 100,636 L 17 B 2, Heriage Place 4th 10272 Deutsch Construction 1217 Pioneer Court House 141,736 L 3 B 2, Prairie Estates 3rd 10273 Arrow Sign Co. 1147 Canterbury Road Sign 2,000 10274 John DePree 2085 Granite Drive Fence 1,100 10275 Richard Allison 926 E. 4th Avenue Carport 500 10276 Gerald Hall 1217 Tyler Street Entry 500 10277 Bituminous Roadways 5276 Valley Ind. Blvd. Grading 9,500 10278 Giertsen Company 242 Minnesota Street Fire Damage 13,000 10279 Randy Rhein Const. 315 So Lewis Addition 18,000 10280 Roy Farley Jr. 1103 Austin Street Fence 2,540 10281 Greg Kechely 1006 So. Legion Street Storage Bldg. 4,480 10282 Griggs Contracting 1001 Admas Street Tank Removal 2,000 10283 Determan Welding 701 Industrial Circle Tank Removal 1,200 10284 Stan Pint 1272 Miller Street House 85,514 L 14 B 2, Parkview 1st 10285 Novak Fleck 1386 Primrose Lane House 88,464 L 19 B 3, Meadows 8th 10286 Minnesota Petroleum 1010 West 6th Avenue Tank Removal 5,950 10287 Laurent Builders 1176 Polk Street House 70,662 L 3 B 1, Minnesota Valley 7th Total: $9,765,907 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on September 13 , 1993 at 4 : 30 P.M. in the �_ , �. meeting iiieel.iltg rVolf!. MEMBERS PRESENT : Commissioners O' Toole , Kirchmeier and Cook . Also Manager Van Hout and Liaison Sweeney and Secretary Menden. Motion by Kirchmeier, seconded by Cook that the minutes of the August 9 , 1993 regular session be approved as kept . Motion carried . the Motion by Kirchmeier, seconded by O'Toole that t11e minutes of the September 1 , 1993 regular session be approved as kept . Motion carried . Commissioner Cook abstained . Mike McClune from the Salavation Army heat share program was present to give a presentation to the Commission regarding a solicitation of funds for the heat share program . Motion by Cook, seconded by Kirchmeier to adjourn to executive session for the purpose of discussing the upcoming retirement of Ray Friedges . Motion carried . Motion by Cook , seconded by Kirchmeier to adjourn from executive session . Motion carried. A thank you note for our participation in Derby Days was acknowledged . A communication from John Anderson , Athletic Director thanking the Shakopee Utilities crew for their fast action at the recent outage of the football lights was acknowledged . Liaison Sweeney reported on the current budget for the City of Shakopee and the reflection it will have on the tax levy . Various other liaison matters were discussed . There will be a Resolution prepared for the next meeting for the release of Document #49670 a partial release of Agreement to Complete Water System. Motion by Kirchmeier , seconded by Cook to release Document #49670 an agreement to complete water system. Motion carried. Motion by Cook, seconded by Kirchmeier to offer Resolution #407 A Resolution Amending Rates in Resolution #402 for Electric Service in an Area Acquired From Minnesota Valley Electric Cooperative. Ayes : Commissioners Cook, Kirchmeier and O' Toole . Nayes : none . Resolution passed. Motion carried. A communication regarding lead water services discovered during construction of new water main was discussed. It was the concensus of the Commission to encourage residents to update their own water service lines during the construction period. A memorandum from Minnesota Plumbing and Heating requesting - reimbursement for equipment lost during a recent power outage was acknowledged. The Manager will look into the claim a little further. The Manager reported on recent events occurring during routine water testing. It was the concensus of the Commission to change testing sites for the immediate future . The logo for the Shakopee Public Utilities was discussed. We will use the new City logo with a few modifications . A status update of the current Capital Improvement Plan was given to the Commission. The Plan was gone over in detail with a few changes being given by Manager Van Hout . A Goals and Objectives review was done by the Commission for Manager Van Hout . There were no new plats for September, 1993 . There were five fire calls for a total of two hours and 25 minutes labor. There were no lost time accidents for the month of September 1993 . The next regular meeting will be held on October 4, 1993 at 4 : 30 P.M. in the Utilities meeting room. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried . Barbara Menden, Corfmitsion Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on October 4 , 1993 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O 'Toole, Kirchmeier and Cook . Also Manager Van Rout , Liaison Sweeney and Secretary Menden . City Attorney Karen Marty was also present . BILLS READ: City or Shakopee 20 ,032 . 00 ARA/Cory Refreshment Service 182 . 00 Advanced Mailing` Systems 360 . 00 F .W. Beck and Associates 1 , 221 . 65 Berens Market 159 . 50 Border States Industries , Inc. 47 ,999 . 12 Brad Ragan , Inc . 1 , 344 . 91 Bureau ofBusiness Practice 1`936 Burmeister Electric Co. 16 , 165 . 64 Business Essentials, Inc . 2, 545 . 30 /� T T Carpenter L 4 n ^I�1 C .H . Carpenler�Lumber 10 . / 0 City of Shakopee 114 . 18 City r Shakopee _ � 1 , 323' .A.1 Li i iL ti�1ihJL' Clay ' s Printing Service 40 . 81 Crown Marking, Inc .nc. . 67 27 Cooperative Power 40 , 364 . 09 DCA, Inc . 150 . 00 Dan ' s Champion__1L'n Auto 70 . 43 Ditch Witch of Minnesota , Inc . 141 . 11 Dorcon , Inc . 148 . 16 Feed Rite Controls , Inc . 1 , 494 . 11 Genuine Parts Co . 104 . 26 Glenwood Inglewood 9 . 59 Gopher State One Call , Inc . 552 . 39 Graybar Electric Co. , Inc . 4 , 687 86 MDR 409 . 92 Hach Company 103 . 34 Hance Cagle Testing and Locating 434 . 00 Hennen ' s ICO 5 . 00 High Voltage Testing Laboratory 302 . 61 Jerry' s Lawn Service 1 ,804 . 12 Ken ' s Frew Meat 150 . 37 Ladhrooke Racing 8 , 400 . 00 Lano Equipment , Inc . 23 ' 77 Leef Bros . , Inc . 38 . 54 Ray LeMieux 94 . 64 Midwest Engine Service and Supply 200 . 49 Minnesota Department of Revenue 4 , 995 . 85 Minn . Dept . of Labor and Industry 30 . 00 Minn . Dept . of Public Service 137 . 13 Minn! . Municipal Utilities Association 310 . 00 Minn. Valley Electric Coop 38 , 328 . 00 Minn . Valley Electric Coop 323 . 04 Minn, . Valley Testing Labs , Inc . 98 . 00 Motor Parts Service Co . , Inc . 34 . 99 Mullins Software Solutions 123 . 75 Northern States Power Co. 414 , 965 . 19 Northern States Power Co . 1 ,154 . 34 Northern States Power Co. 332 . 32 Peterson!-WiSdorf Inc . nce cc GJJ . JJ Pitney Bowes , Inc . 216 . 16 Shakopee Public Utilities Commission 272 . 84 Resco 60 . 996 Reynolds Welding Supply Co . 4 . 62 Schoell and Madson , Inc . 7 ,137 . 73 Shakopee.hak.Supee Seryices , Inc . 44 . 71 Al Smith Excavating 872 . 50 A_. A.. 1 L Inc . 4 A An Southwest Suburban Publishing, fisc38 . 02 Starks Cleaning Services , Inc . 108 . 63 Dean Struck 179 . 48 T & R Service 17 . 00 • ! !ermc.'ga' Company of Chaska 17 . 58 Uniforms Unlimited 500 . 00 Alvin Unze 8 . 35 Utilities Telecommunications Council 67 . 00 Lull Van Flout 58 . 58 Viking Steel Products , Inc . 108 . 84 A8 . n.'4 ♦4 Vos.`^. Lighting GGA. . Yl Westinghouse Electric Supply Co. 22 ,451 . 83 Wheeler Lumber Operations 8,008 . 80 Wild Iris , Inc . 42 . 60 Yarusso ' s Hardware Co . 39 . 64 Motion by Cook, seconded by Kirchmeier that the bills be 1 _wed J.. J if_ allowed and ordered pain . Motion carried . A Communication from Rainy River Energy Corporation was read and placed on file . The communications received based on the sub-station siting were acknowledged . A discussion followed on responses to the letters . Liaison Sweeney gave the liaison report . Kevin Favero, R .W. Beck and Associates was present for a discussion on the substation siting. Issues related to the proposed substation and transmission project were discussed at length. Ms . Marty reported that City staff has contacted property owners for the substation site and transmission line easements, and the negotiations are still unresolved. A copy of the letter from the Environmental Protection Agency to Terry O' Toole, Commission President was acknowledged. The letter was based on a PCB storage complaint going back to June of 1990 . ' Karen Marty, City Attorney answered questions from the Commission in regard to this matter. Jim Hauer ' s request for water service and the fees he will incur were discussed . The request is for the new house he is building on Vierling Drive . Mr . Hauer was present for the discussion . He plans to have the property surveyed and have 2 . 5 acres designated as his homestead . The charges will be based on his building permit application and how the area will be developed. Motion by Kirchmeier, seconded by Cook to offer Resolution #408 A Resolution For A Partial Release of Agreement to Complete Water System . Ayes : Commissioners Cook, Kirchmeier and O'Toole . Nayes : none . Resolution passed . Motion carried . The status of the water to service the new St . Francis Regional Medical Center was updated . Manager Van, Hout reported that anything other than the ordinary water System requirements will have to be requested from the Engineers of the Hospital . The roof repair update was given by Joe Adams . The type of roof has been determined and various bids will be taken . The job should be completed by June, 1994 . Motion by Cook, seconded by Kirchmeier to offer Resolution #409 A Resolution Changing the Payment Schedule for the Contribution From the Shakopee Public Utilities Commission to the City of Shakopee . Ayes : Commissioners Kirchmeier, O' Toole and Cook. Nayes : none . Motion carried . Resolution carried . It was the concensus of the Commission that we not solicit our customers for contribution to the Heat Share program offered by the Salvation Army. We inform any customers who cannot pay their bills during the winter months that funds are available thru the Heat Share program. There will be an adjourned regular meeting to be held on October 25, 1993 at 4 : 30 P.M. in the Utilities meeting room to discuss the Capital Improvement Plan. New Plats for September, 1993 are Eagle Creek Bluff Addition and Dominion Hills . A communication from Joe Adams to the Commission regarding the water for the Eagle Creek Bluff Addition was acknowledged. There were two fire calls for September, 1993 for a total of 10 minutes man hours . There were no lost time accidents for September, 1993 . The next regular meeting of the Shakopee Public Utilities Commission will be held on November 1 , 1993 at 4 : 30 P.M. in the Utilities meeting room. Motion by Kirchmeier, seconded by Cook that the meeting be adjourned. Motion carried . r Barbara Menden, Cothmission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on October 18, 1993 at 4 : 30 F .M. in the Utilities meeting room. MEMBERS PRESENT : Commissioners O'Toole and Kirchmeier. Commissioner Cook was out of town on business . Also Liaison Sweeney, Manager Van Hout, City Attorney Karen Marty, and Engineering Consultant Kevin Favero . The meeting was called to order by President O'Toole . Manager Van Hout advised that the proper meeting notices had been posted by Commission Secretary Menden to identify the meeting as a closed, special session for discussing the acquisition of real estate . Motion by Kirchmeier, seconded by O'Toole, to adjourn to executive session for the purpose of discussing the acquisition of real estate . Motion carried. Motion by Kirchmeier, seconded by O'Toole, to adjourn from executive session . Motion! carried . President O' Toole noted for the record that no actions had been Laken at the executive session . Motion by Kirchmeier, seconded by O'Toole, that the meeting be adjourned . Motion carried . ATTEST: \ ltr44 tAA/k L V n Hout Barbara Menden MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on October 25 , 1993 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT : Commissioners O ' Toole , Kirchmeier and Cook . Also Manager Van Hout and Liaison Sweeney . The meeting was called to order by President O' Toole , who asked for any additional agenda items . Commissioner Kirchmeier suggested that there was a clear need for public education about the substations and transmission lines . All of the Commissioners expressed concern about the mis- understandings in the public arena . The preparation of information on these topics will be placed on the agenda for the regular November meeting . Motion by Kirchmeier, seconded by Cook, to adjourn to executive session for the purpose of discussing the acquisition of real estate . Motion carried. Motion by Cook , seconded by Kirchmeier, to adjourn from executive session . Motion carried . President O ' Toole noted for the record that no actions had been taken at the executive session . Superintendent Ray Friedges, and Administrative Assistant Joe Adams , were present for discussion of the Shakopee Utilities Commission 5-year Capital Improvement Plan . Liaison Sweeney handed out copies of the City of Shakopee ' s 5-year Capital Improvement Plan . The draft 5 year plan will be revised for further review. The next regular meeting will be held, as previously set , on November 1 , 1993 at 4 : 30 P.M. in the Utilities meeting room . Motion by Kirchmeier, seconded by Cook, that the meeting be adjourned . Motion carried . ATTES . ti Ldu Van Hout Barbara Menden ' \c, OFFICIAL PROCEEDINGS OF THE SHAKOPEE CABLE COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 1, 1993 Chairman Anderson called the meeting to order at 7 : 00 p.m. with the following members present : Scannell, Bastyr, Moonen, Zeigler and Anderson present . Commission Harrison was absent . Paul Rein, Studio Manager was also present . Zeigler/Moonen moved to approve the minutes of the August 30, 1993 meeting as kept . Motion carried unanimously. Discussion ensued on the proposed cable budget amendment . Chairman Anderson noted that the franchise fees are running approximately $3 , 000 . 00 ahead of what was projected for the 1993 budget . In previous years, City Council has been receptive to budget amendments to the cable budget when franchise fees have exceeded projected revenue amounts. Discussion ensued on the possibility of requesting the $3, 000 . 00 budget amendment and utilizing the additional funds to purchase a new character generator for the government access channel . Chairman Anderson stated that he has been in contact with Alpha Video regarding the possibility of acquiring an Omega character generator to replace the existing Knox character generator. Comm. Moonen questioned whether or not the Omega system could superimpose character generated messages over a video signal . He stated that the Knox character generator has that capability. Chairman Anderson stated that he was not sure whether or not the Omega system could superimpose messages over a video signal . Chairman Anderson stated that in his conversations with Mr. Stock, Mr. Stock noted that he felt the Knox character generator did not have the memory capacity or font styles to adequately put up community messages on the government access channel . Comm. Zeigler questioned the cable budget and how franchise fees were split between City Hall staffing needs and funding for public access . It was the consensus of the Commission to have Mr. Stock address this issue at the next meeting. Bastry/Scannel moved to request the City Council to amend the 1993 Cable Budget increasing the professional services line item by $3000 . 00 and franchise fee revenues by an equal amount . Motion carried unanimously. Zeigler/Bastyr moved to request the cable administrator to submit annual cable budgets to the Commission for review prior to submission to City Council for their budgeting process . Motion carried unanimously. Bastyr/Zeigler moved to accept the Omega proposal from Alpha Video with the additional equipment at a cost not to exceed $2 , 500 . 00 contingent upon the Access Corporation receiving the Knox character generator from City Hall . Motion carried with Commissioner Moonen voting no. Bastyr/Moonen moved to adjourn the meeting at 8 : 20 p.m. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PUBLIC ACCESS CORPORATION REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 1, 1993 Chairman Bastyr called the meeting to order at 8 : 20 p.m. with the following members present : Scannell, Moonen, Zeigler, Anderson and Bastyr present . Commission Harrison was absent . Paul Rein, Studio Manager was also present . Moonen/Zeigler moved to approve the minutes of the August 30, 1993 meeting as kept . Motion carried unanimously. Comm. Zeigler gave a Treasurer' s Report . He noted that the General Fund had a balance of $16, 501 . 61. The Utility Fund had a balance of $6, 075 . 89 . Mr. Zeigler stated that he has just sent an invoice to the City of Shakopee for $4,417 . 50 which represented studio operations costs for September and October. Discussion ensued on the proposed contract amendments to the Public Access Studio Service Contract . Zeigler/Moonen moved to approve the contract amendments to the Public Access Studio Service Contract by and between Shakopee Access Corporation and PFR Productions . Motion carried unanimously. Discussion ensued on the Public Access Policies . Anderson/Scannell moved to accept the amendments to the Shakopee Public Access Policies. Motion carried unanimously. Discussion ensued on the Public Access Grant Program. It was the consensus of the members present to request the Shakopee City Attorney to review the language within the Grant Program that addressed religious organizations . The Commission questioned whether or not the language as currently drafted was discriminatory. Anderson/Zeigler moved to table the approval of the Public Access Grant Program until such time that the City Attorney could comment on that portion of the program criteria that relates to religious affiliations . Discussion ensued on the carpeting for the Public Access Studio. It was the consensus of the Corporation members present that if the lease for the facility is approved that the carpet be replaced in a timely manner. Discussion ensued on a lease agreement between the Public Access Corporation and Mr. Bill Lepley. Anderson/Moonen moved to approve the lease agreement for the Public Access Studio space . Motion carried unanimously. Scannell/Moonen moved to adjourn the meeting at 9 : 00 p.m. Motion carried unanimously. ,meq SHAKOPEE November 5, 1993 Ms. Andrea Meyer State of Minnesota Department of Public Safety Dealers Unit Room G17 395 John Ireland Boulevard St. Paul, Minnesota 55155 RE: Motor Vehicle Dealer Licenses For Chris Anderson, Ron Thiebaud, and Burdette Booth Dear Ms. Meyer: At their meeting on November 3, 1993, the Shakopee City Council passed a motion directing staff to write a letter to the Department of Public Safety Dealers Unit on the status of the used dealer licenses in question. As you will recall from our earlier telephone conversations, Chris Anderson, Ron Thiebaud and Burdette Booth have requested an amendment to the Zoning Ordinance relating to retail sales in the Light Industrial (I-1) zoning district in the City of Shakopee. At this time, a draft Zoning Ordinance has been prepared based on recommendations from the Zoning Ordinance Committee. As recommended by this committee, the Light Industrial District would allow for some retail uses to occur. If the retail provision becomes adopted in the new Zoning Ordinance, the applicants could apply for a conditional use permit. Since the City is in the process of amending the entire zoning ordinance, the City Council does not wish to amend small portions of the ordinance but would rather incorporate all of the amendments into one revision. Based on this position and the Zoning Ordinance Committee's recommendation on the retail provisions, the City Council believes that there is a time frame problem rather than a problem of intent with respect to the ordinance changes. The City Council is requesting that the Dealers Unit provide a time extension to March 1 5, 1994 on the revocation of the used motor vehicle dealers licenses for the identified parties. The purpose of the time extension would be to allow the completion of the Zoning Ordinance update process and to allow the applicants to pursue a conditional use permit. Please review this request and provide a response at your earliest convenience. If you have any questions please call me at 445-3650. Thank you. Sin rely, ; // Lindberg S. Ekola City Planner c: Shakopee City Council Members COVL'v1UN11Y PRIDE SINCE 1837 129 Holmes Street South Shakopee,Minnesota 55379-1351 - 612.443-3630 • FAX 612-445-6718 . • • -- ..t :;-:, - o - - -.f-JA\.• -.• .: . 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Sweeney/Lynch moved to approve the minutes of June 23rd, July 27th, August 11th, and August 25th, 1993 . Motion carried unanimously. FUTURE SHAKOPEE DEVELOPMENT PATTERNS . Mr. Kraft reviewed the 1990 census data on population , 010,households, olldss and employment as well as the projections for 2000, 0 in the City' s comprehensive plan Council from has pMetropolitan Council . He explained that the City comprehensive plan which was submitted to Metropolitan Coouncillbut which has not yet been approved. He identified the types d uses desired in certain areas of the City and where the metropolitan urban sewer service area (MUSA) line is located. He explained that the City requires a 2 1/2 acre minimum lot size in the rural area which is not in conformance with the Metropolitan Council (Met Council) . Mr. Kraft (with the use of two maps) showed two possible growth plans depicting where the City would like to see development occur cil has not mdecision the years2000,Ofn where0, 020development will, and 2040 . e occur. Development City made a decisionon patterns will impact the schools . Mr. Kraft explained that the City is currently negotiation withh Metropolitan Waste Control Commission (MWCC) regarding extension of the sewer interceptor from Chaska to the Blue Lake Treatment Center which will be located along the Shakopee Bypass . This proposed route will result in less trunk sewer construction by the City and will result in a cost savings . He identified some elements that are being discussed in the negotiations: ie : paving ramps to the bypass, location of the MUSA line. He stated that these will affect the pattern of development and where schools will be needed as well as a 2nd fire station and other municipal facilities . Mayor Laurent stated that thoughts and ideas from the school board are welcome. Because development will impact the schools, input is desired from the school district . 25 , 1993 Official Proceedings of the Page October-2- Shakopee City Council TAX ISSUES . Mr. Ostlund explained that new information is now available as a result of a data base containing information on property taxes paid, property values and income for both outstate taxpayers and tax payers within the metro area. He passed out a handout which compared the average property taxes paid by an outstate homeowner compared to a metro homeowner making between $20, 000 to $30, 000 . He stated that an outstate homeowner makes between $50 , 000 o 000 ttaxeso $75 , 000/year and pays on the average $767 in property compared to a metro homeowner who makes between $20 , 000 to $30 , 000/year and pays $897 in property taxes . Mr. Ostlund stated that outstate taxpayers taxpayersiti He rsaidve thatre thetate equitydissue than communities of metro needs to be addressed as well as the tax equity. Mr. Ostlund stated that two-thirds of the sales tax and income tax are generated in the urban area while only one-third remains there, the other one-third is sent by the State to out state Minnesota. He also indicated that the metro area and that the metro area has one-half of the primary and secondary school enrollment . He said that most people are not aware of the differences in taxation. MUTUAL LOBBYING EFFORTS. Ms . Wendt suggested that Ms . Lynch carry the information on inequity of taxation to the Association of Metropolitan Municipalities (AMM) to raise some interest in lobbying the legislature for equity in taxation. Mr. Ebner stated that at an Association of Metropolitan School Districts (AMSD) meeting last week there were 30 districts expressing the same concerns that we are. He stated that we need to unify. He stated that AMSD will be hiring a lobbyist to focus on two or three issues . SIDEWALK CONSTRUCTION There was a brief discussion on the construction of sidewalks, what the city policy is and what the school district needs are for the safety of students walking to school . Mr. Ostlund stated that it is desirous to complete the sidewalks on Lewis and Holmes in the 900 block or at least on one of these streets leading to the High School . He stated that the School District needs to identify where sidewalks would be helpful and that they will be looking at other pedestrian routes in the future. He said that busing costs could located be kept asked (thee School Districtre are more e to identify sidewalks . Mayor down the areas where Laurent sidewalks are desired. 25, 1993 Official Proceedings of the Page October-2- Shakopee City Council COMMUNITY CENTER Mr. Kraft reported that there is a group in the community who is working on promoting the construction of a community center. He said that another referendum t could dunot be held until six months have passed since the la Mayor Laurent explained that there is a group of people discussing the community center and trying to identify the reasons why the last referendum did not pass . They are also an talking about hat direction to go. He said that the group supports with a community center. He said that the group is broad based. BASEBALL FIELDS Mr. Ostlund updated the City Council on the improvements being made South of the High School . He explained that there are four or five ball diamonds included in the school plan but he doesn' t know when they will be developed. He explained that one ball field will be lost as a result of the construction at Sweeney School and that all three ball fields will be retained at Pearson School . Discussion followed on the need for the School District and the City to work together on meeting community recreational needs . Ms. lems wWney texplained l because ehat of there are constructioncand that a occurring request will Sweeney School be be forthcoming to the City Council . Mayor Laurent expressed appreciation for everyone being able to get together to discuss issues of mutual concern. He thanked Ms . Wendt for initiation the meeting to and workclWd�h twith the School at the goal Board of the in 1ta Council is to continue productive manner. Mayor Laurent adjourned the meeting at 7 :50 P.M. Judith S . Cox gity Clerk Recording Secretary MEMORANDUM TO: Dennis R. Kraft, City Administrator i FROM: Judith S. Cox, City Clerk• SUBJECT: Valley Ice Arena - Liability Insurance DATE: November 9, 1993 Each year, about one week prior to expiration of the liability insurance, my suspense file alerts me to the fact that I need to obtain a new certificate of insurance renewing the coverage for Valley Ice Arena Inc. As you are aware, the City has entered into a lease with Valley Ice Arena for property at Lions Park where the ice facility is located. The lease provides for liability insurance including naming the City as an additional insured. The current policy expires November 16, 1993 . I spoke with Mr. Dave Kaufenberg today regarding the insurance. He indicated that he would like to see the City cover the facility under the City insurance policy. Barry has spoken with Mr. Mark Pidde regarding the lease, the insurance, and the remnants of the facility. He advised me that there will be a memo forthcoming from the hockey group addressing these matters for Council consideration on November 16th. C7 CITY OF SHAKOPEE REVENUE REPORT AS OF 10/31/93 CURRENT Y.T.D. BUDGET TO ACTUAL ACTUAL PERCENT ESTIMATED MONTH RECEIVED 3JECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE JND 001 GENERAL FUND 3100 PROPERTY TAX 2,357,630.00 0.00 1,164,142.03 -1,193,487.97 49.38 0.00 0.00 23,870.95 23,870.95 0.00 '102 TAX INCREMENT -215,602.57 32.28 5104 FISCAL DISPARITIES 318,380.00 0.00 102,777.43 3140 LOGGING TAX 95,000.00 8,679.49 72,584.87 -22,415.13 76.41 SUBTOTAL TAXES $2,771,010.00 $8,679.49 $1,363,375.28 $-1,407,634.72 49.20 39,000.00 0.00 29,242.78 -9,757.22 74.98 3212 CABLE FRANCHISE -4,426.40 92.86 3220 LIQUOR LICENSE 62,000.00 0.00 57,573.60 4,500.00 0.00 4,697.00 197.00 104.38 3221 BEER LICENSE 40.00 -760.00 5.00 3223 CIGARETTE LICENSE 800.00 0.00 3229 MISC BUSINESS PERMITS 600.00 0.00 1,755.00 1,155.00 292.50 3240 BUILDING PERMITS 150,000.00 35,742.99 235,531.92 85,531.92 157.02 3241 PLUMBING PERMITS 24,000.00 4,568.68 31,781.40 7,781.40 132.42 3242 MECHANICAL PERMITS 10,160.00 2,821.56 21,368.08 11,208.08 210.32 3243 ELECTRICAL PERMITS 25,060.00 5,152.00 28,596.06 3,536.06 114.11 3244 SEWAGE SYSTEM PERMITS 0.00 112.50 1,125.00 1,125.00 0.00 3,500.00 555.00 5,504.50 2,004.50 157.27 3245 SEWER & WATER PERMITS 5,225.00 2,725.00 209.00 3250 STREET OPENING PERMITS 2,500.00 75.00 300.00 10.00 221.00 -79.00 73.67 :260 DOG LICENSES 85.00 85.00 0.00 5270 MISC. NON-BUSINESS PERMITS 0.00 0.00 JBTOTAL LICENSES & PERMITS $322,420.00 $49,037.73 $422,746.34 $100,326.34 131.12 3341 LGA 147,220.00 0.00 73,614.00 -73,606.00 50.00 3342 HACA 417,230.00 0.00 208,873.50 -208,356.50 50.06 800.00 0.00 95.38 -704.62 11.92 ;343 MOBILE HOME 0.00 -6,500.00 0.00 5346 POLICE TRAINING REIMBURSEMENT 6,500.00 0.00 18,200.00 0.00 92,847.60 74,647.60 510.15 3348 STATE AID - MAINT 13,6866.33 118.01 1360 COUNTY GRANTS/AIDS ;351 STATE AID - POLICE 76,000.00 -8,319.67 89,686.33 38 .33 118.01 5,004.00 384.00 5,388.00 3,989.26 -4,010.74 49.87 3361 AGGREGATE 8,000.00 0.00 SUBTOTAL INTERGOVERNMENTAL REVENUE $678,954.00 $-7,935.67 $474,494.07 $-204,459.93 69.89 16,221.6466 -54,178.36 23.04 ;406 PLAN CHECK ;404 ADMINISTRATIVE CHARGES 70,400.00 1.186. 36,742.05 141.943 87,600.00 10,117.20 124,342.05 6,414.35 2,414.35 160.36 '407 SALE OF DOCUMENTS 4,000.00 594.30 470.00 212.27 4,670.00 2, ;408 ASSESSMENT SEARCHES 2,200.00 590.00 360.00 2.27 ,09 RELEASE OF DEVELOPER AGREEMENT 0.00 60.00 360.00 CITY OF SHAKOPEE Page 2 \ REVENUE REPORT AS OF 10/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED 3410 COMPREHENSIVE PLAN FEE 0.00 0.00 100.00 100.00 0.00 3411 LAND DIVISION ADMINISTRATION 8,000.00 350.00 20,536.22 12,536.22 256.70 3420 POLICE SERVICES 12,600.00 648.00 12,456.00 -144.00 98.86 3421 FIRE SERVICES 25,000.00 206.00 14,376.50 -10,623.50 57.51 3424 POUND FINES & FEES 1,200.00 0.00 1,094.00 -106.00 91.17 3425 VALLEY FAIR 11,000.00 0.00 12,336.48 1,336.48 112.15 3430 SNOW REMOVAL 2,000.00 0.00 5,877.78 3,877.78 293.89 3432 PUBLIC WORKS RENTAL 0.00 0.00 751.00 751.00 0.00 3433 MISC PUBLIC WORKS 2,500.00 1,795.50 7,063.04 4,563.04 282.52 3435 ENGINEERING FEE 305,000.00 63,414.90 259,496.10 -45,503.90 85.08 3436 ENGINEERING GRADE FEE 2,000.00 300.00 3,039.00 1,039.00 151.95 3450 REFUSE CHARGES 522,835.00 41,451.56 361,183.31 -161,651.69 69.08 3452 REFUSE COUPONS 0.00 1,706.78 11,554.28 11,554.28 0.00 3470 POOL SEASON TICKETS 16,000.00 0.00 16,207.00 207.00 101.29 3471 POOL ADMISSIONS 20,000.00 0.00 22,027.30 2,027.30 110.14 3472 POOL SWIMMING LESSONS 10,000.00 0.00 7,648.50 -2,351.50 76.49 3473 POOL SLIDE FEES 11,000.00 0.00 9,227.00 -1,773.00 83.88 3477 YOUTH ACTIVITIES 39,190.00 1,189.80 33,588.37 -5,601.63 85.71 3478 ADULT ACTIVITIES 37,700.00 181.00 31,501.00 -6,199.00 83.56 3479 CONCESSIONS 10,500.00 0.00 10,796.14 296.14 102.82 3481 NON-RESIDENT FEE 2,500.00 30.00 -325.00 -2,825.00 -13.00 3489 NON-RESIDENT FEE/TOWNSHIP PYMT 3,300.00 0.00 20.00 -3,280.00 0.61 3490 OTHER RECREATION FEES 5,900.00 75.00 3,642.00 -2,258.00 61.73 SUBTOTAL CHARGES FOR SERVICES $1,212,425.00 $123,896.70 $996,204.06 $-216,220.94 82.17 3500 FINES & FORFEITS 51,000.00 4,071.09 51,161.51 161.51 100.32 SUBTOTAL FINES & FORFEITS $51,000.00 $4,071.09 $51,161.51 $161.51 100.32 3620 MISCELLANEOUS 20,000.00 18,389.50 22,258.43 2,258.43 111.29 3621 INTEREST 100,000.00 0.00 63,828.62 -36,171.38 63.83 3622 RENTS 7,540.00 3,060.00 10,159.00 2,619.00 134.73 3623 CONTRIBUTIONS 17,531.00 0.00 11,001.28 -6,529.72 62.75 SUBTOTAL MISCELLANEOUS $145,071.00 $21,449.50 $107,247.33 $-37,823.67 73.93 3920 OPERATING TRANSFERS 339,400.00 0.00 0.00 -339,400.00 0.00 3921 TRANSFER FROM ELECTRIC FUND 274,384.00 20,032.00 180,288.00 -94,096.00 65.71 SUBTOTAL TRANSFERS IN $613,784.00 $20,032.00 $180,288.00 $-433,496.00 29.37 CITY OF SHAKOPEE Page 3 REVENUE REPORT AS OF 10/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT 3JECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED ?8O SALE OF FIXED ASSETS 0.00 0.00 3,106.00 3,106.00 0.00 1BTOTAL SALE OF ASSETS SO.00 $0.00 $3,106.00 $3,106.00 0.00 ;ND GENERAL FUND TOTAL $5,794,664.00 $219,230.84 $3,598,622.59 $-2,196,041.41 62.10 CITY OF SHAKOPEE EXPENSE REPORT AS OF 10/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED FUND 001 GENERAL FUND 4101 WAGES FT REG 2,365,460.00 173,241.27 1,856,866.67 -508,593.33 78.50 4102 OVERTIME-FT 48,280.00 4,128.66 35,136.59 -13,143.41 72.78 4110 WAGES - TEMP 273,494.00 19,899.41 154,152.52 -119,341.48 56.36 4111 OVERTIME-TEMP 1,000.00 0.00 89.75 -910.25 8.98 4121 PERA 175,185.00 12,654.01 133,313.02 -41,871.98 76.10 4122 FICA 126,663.00 9,611.45 100,184.22 -26,478.78 79.10 4124 FIRE PENSION 25,200.00 0.00 48,290.00 23,090.00 191.63 4125 MEDICARE 4,899.00 0.00 0.00 -4,899.00 0.00 4131 HEALTH & LIFE 218,925.00 14,527.33 139,793.48 -79,131.52 63.85 4142 UNEMPLOYMENT 0.00 7.22 37.53 37.53 0.00 4151 WORKERS COMPENSATION 83,448.00 0.00 71,330.00 -12,118.00 85.48 4170 COMPENSATED ABSENCES 23,400.00 0.00 0.00 -23,400.00 0.00 SUBTOTAL PERSONNEL SERVICES $3,345,954.00 $234,069.35 $2,539,193.78 $-806,760.22 75.89 4210 OPERATING SUPPLIES 114,641.00 13,100.56 87,807.64 -26,833.36 76.59 4215 MATERIALS 29,000.00 2,263.87 33,094.30 4,094.30 114.12 4222 MOTOR FUELS & LUBRICANTS 35,600.00 1,967.64 19,512.41 -16,087.59 54.81 4230 BUILDING MAINT 84,320.00 3,720.50 49,770.76 -34,549.24 59.03 4240 EQUIPMENT MAINTENANCE 86,450.00 6,566.96 68,060.18 -18,389.82 78.73 4242 PAVEMENT PRESERVATION 95,000.00 0.00 0.00 -95,000.00 0.00 4250 MERCHANDISE 11,500.00 148.75 6,656.05 -4,843.95 57.88 4310 PROFESSIONAL SERVICES 398,696.00 16,773.55 249,643.14 -149,052.86 62.61 4316 FILING FEES 1,830.00 17.00 110.00 -1,720.00 6.01 4320 POSTAGE 9,600.00 2,006.04 9,552.25 -47.75 99.50 4321 TELEPHONE 25,380.00 2,011.45 20,008.75 -5,371.25 78.84 4330 TRAVEL/SUBSISTENCE 16,410.00 517.97 7,024.08 -9,385.92 42.80 4340 ADVERTISING 4,000.00 70.29 1,866.34 -2,133.66 46.66 4350 PRINTING/PUBLISHING 34,893.00 1,083.39 23,628.32 -11,264.68 67.72 4360 INSURANCE 143,000.00 0.00 133,342.96 -9,657.04 93.25 4380 UTILITY SERVICE 659,750.00 56,661.17 459,956.52 -199,793.48 69.72 4390 CONFERENCE/SCHOOL/TRAINING 32,700.00 1,611.00 13,155.75 -19,544.25 40.23 4410 RENTALS 35,340.00 1,607.63 26,028.71 -9,311.29 73.65 4430 MISCELLANEOUS 10,100.00 23.37 9,531.44 -568.56 94.37 4431 CASH SHORT/OVER 0.00 0.00 -23.92 -23.92 0.00 4433 DUES 21,490.00 145.87 15,778.52 -5,711.48 73.42 4435 SUBSCRIPTIONS/PUBLICATIONS 0.00 232.64 2,644.81 2,644.81 0.00 4437 PROPERTY TAX/SPECIAL ASSESS 4,976.00 0.00 6,949.94 1,973.94 139.67 4438 SALES TAX 0.00 0.00 3,973.98 3,973.98 0.00 4490 CONTINGENCY 24,380.00 0.00 20,589.39 -3,790.61 84.45 SUBTOTAL SUPPLIES & SERVICES $1,879,056.00 $110,529.65 $1,268,662.32 $-610,393.68 67.52 CITY OF SHAKOPEE Page 2 EXPENSE REPORT AS OF 10/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED 4550 EQUIPMENT 355,810.00 0.00 269,120.49 -86,689.51 75.64 SUBTOTAL CAPITAL EXPENDITURES $355,810.00 $0.00 $269,120.49 $-86,689.51 75.64 4720 INTERFUND OPERATING TRANSFERS 1,102,265.00 0.00 473,358.00 -628,907.00 42.94 SUBTOTAL TRANSFERS OUT $1,102,265.00 $0.00 $473,358.00 $-628,907.00 42.94 FUND GENERAL FUND TOTAL $6,683,085.00 $344,599.00 $4,550,334.59 $-2,132,750.41 68.09 4r/D TENTATIVE AGENDA Energy and Transportation Committee City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 November 17, 1993 7:00 P.M. Chairman Drees Presiding: 1. Roll Call at 7:00 P.M. 2. Approval of Minutes - September 15, 1993. 3. Policy Regarding Reimbursement to Forgotten Van Pool Riders. 4. Refuse Collection Issues. 5. Informational Items: a. Van Pool Promotional Activities b. Update: New Van Pool Route - MN Valley Transit c. Information Regarding the Recycling of Mixed Paper d. One Year Extension of Van Pool Contract e. Recycling Monthly Report f. Dial-A-Ride Monthly Report g. Dial-A-Ride Saturday Service Report h. Van Pool Monthly Report i. Business Update from City Hall - October 1, 1993 j. Business Update from City Hall - November 1, 1993 6. Other Business a. Next Meeting - January 19, 1993 7. Adjournment Terrie A. Sandbeck Assistant City Planner CITY OF SHAKOPEE Please Call Aggie or Terrie at 445-3650 if you cannot attend the meeting. (E&TAGEND.FRN) Original:1112193 MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session September 15, 1993 Chairman Drees called the meeting to order at 7:05 P.M. with Commissioners Drees, Reinke, Stafford, Schoephoerster, and Mars present. Commissioner Kelly was absent from the meeting. Also present was Terrie Sandbeck, Assistant City Planner. Chairman Drees asked if there were any corrections to the minutes of the May 19, 1993, meeting. Commissioners Reinke / Stafford moved to approve the minutes. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 3, discussion on the expansion of the Dial-A-Ride service into Jackson Township. Chairman Drees explained that a member of the Jackson Township Board has inquired as to whether or not Dial-A-Ride service could be expanded to several subdivisions located in Jackson Township. Discussion regarding the current City policy to provide this service only to residents within the City limits took place. The rational behind this policy stems from the fact that the Shakopee Transit Program is 100% funded through local property tax dollars. If the City decided to extend service to areas outside the City limits, it would be necessary to add additional vehicles, depending upon the service demand. In addition, 100% of the cost of providing the service to persons who are not Shakopee residents would need to be recovered. Commissioners Mars / Stafford offered a motion to request staff to inform the Township residents that the City of Shakopee would be interested in expanding Dial-A-Ride service if the actual program costs could be recovered. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 4, discussion regarding the development of a policy regarding reimbursement to forgotten Van Pool riders. He explained that staff has encountered difficulties in determining the amount that should be reimbursed to Van Pool riders that are forgotten, because a policy regarding this situation does not currently exist. In the past, staff has provided the rider with a coupon for a free week of Van Pool rides. However, this has not been consistent. He stated that staff is requesting some direction regarding this situation so that a policy could be developed. Commissioner Reinke suggested that if a rider is missed on a route, he should be able to contact another van to catch a ride. Commissioner Mars asked if each rider has a list of the names of the other Van Pool drivers. The Assistant City Planner stated that they do not have a current list, but that an updated list could be provided to each of the Van Pool drivers to provide to their riders. Discussion on this list, and the possibility of providing the reimbursement policy on this list took place. The members concluded that the policy should require the forgotten rider to try to catch another Van Pool first. If the error is the fault of the driver, there would be a reimbursement, but if it is the fault of the rider, no reimbursement would be provided. Commissioners Stafford / Reinke offered a motion to request that staff prepare the policy based upon the discussion. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 7, Non-agenda Informational Items. Discussion on these informational items took place. Chairman Drees asked if the Van Pool Contract, which expires on April 15, 1994, could just be extended for another year. The Assistant City Planner stated that she would research the possibility of this option. Discussion regarding the Recycling Monthly Report took place. Chairman Mars requested additional information on the recycling of mixed paper. She asked if this was determined to be good for the environment, and suggested additional advertising to inform more people that mixed paper can be recycled. Chairman Drees stated that the next meeting will be scheduled for November 17, 1993. Commissioners Reinke / Stafford offered a motion to adjourn at 7:26 P.M. Motion carried unanimously. (ENERGY1 M1.x'L78S.SF.P) ( , OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota November 4, 1993 MEMBERS PRESENT: Madigan, Spurrier, Christensen, Joos, Zak, Kelly MEMBERS ABSENT: Chairman Mars STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Dave Hutton, City Engineer Amy Wicklund, Planning Intern Lisa Anderson, Recording Secretary I, ROLL CALL Vice Chrmn. Kelly called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF OCTOBER 7, 1993, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Vice Chrmn. Kelly recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. OTHER BUSINESS Vice Chrmn. Kelly asked if there was any other business to discuss. There was no response from the Board. VI. ADJOURNMENT The meeting adjourned at 7 : 32 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota November 4, 1993 MEMBERS PRESENT: Joos, Madigan, Kelly, Spurrier, Zak, Christensen MEMBERS ABSENT: Mars STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Amy Wicklund, Planning Intern Lisa Anderson, Recording Secretary I, ROLL CALL Chrmn. Joos called the meeting to order at 7 : 32 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE OCTOBER 7, 1993, MEETING MINUTES Comm. Zak stated a concern regarding the Conditional Use Permit and Variance that were approved at the October meeting for Minnesota Roadways. He asked the City Planner whether or not that has gone through City Council for approval, or if this a necessity. The City Planner responded that neither items were appealed, and that the decisions by the Board of Adjustments and the Planning Commission would stay as final. Comm. Zak requested the record to reflect that he is against the 14 . 75 acre variance that was approved on October 7 , 1993 , by the Board of Adjustment and Appeals. He feels it is not fair for other people who would come after it. Chrmn. Joos stated that there is a company right next door, Northwest Asphalt, that already has a similar operation, and that the lot they are buying had already been platted at that size. That is what made the decision favorable. Comm. Spurrier requested to change Condition 9 on Page 14 , to read, "the operation shall not exceed a Heavy Commercial Average Daily Traffic (HCADT) of forty (40) vehicles per day" . Comm. Spurrier also stated that he would like the record to reflect that the applicant was to provide the traffic generations for that area to the Board. Wutts of the Page - 2 Shakopee Planning Commission November 4, 1993 The City Planner responded that the applicant felt that the traffic would not be a problem and could operate within the limits. The minutes were approved as amended. Chrmn. Joos read an announcement regarding the opening of the public hearing for the update of the entire Zoning Ordinance. This meeting will be held on November 9 , 1993 , at 7 : 30 p.m. in the City Council Chambers. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA The Commission asked that Agenda Item No. 13 , A, B, C, and D, be removed from the consent agenda to allow for further discussion. This items were as follows: 13 . A. Review of Proposed Official Map - Water Storage Facility; B. Review Land Acquisition - Electric Substation; C. Review Land Acquisition - Community Center; and D. Land Acquisition - Water Storage Facility. Motion: Comm. Spurrier/Christensen offered a motion to approve the Consent Agenda (Items 9 and 12) . These Agenda Items included: 9 . Final Plat: To recommend approval of the final plat of Westridge Bay Estates II 1st Addition to the City Council. Applicant: Westridge Bay Co. ; and 12 . Review of Conditional Use Permit: Deborah Snyder - CUP Resolution No. 626 . Vote: Motion carried unanimously. VI. PUBLIC HEARING: TO CONSIDER AMENDMENTS TO CONDITIONAL USE PERMIT NO. 376 — FISCHER AGGREGATES, INC. Chrmn. Joos opened the public hearing to consider amendments to Conditional Use Permit No. 376 for Mineral Extraction and Land Rehabilitation, originally issued to NBZ Enterprises, upon the property located west of CR 83 , south of CR 16 and north of Valley View Road. Minutes of the Page - 3 Shakopee Planning Commission November 4, 1993 The City Planner stated that the applicant is holding a neighborhood meeting on November 23rd at 7 : 30 p.m. in the Community Room at City Hall. Therefore, the applicant requests this public hearing be rescheduled to the regular December Planning Commission meeting. Motion: Comm. Christensen/Spurrier offered a motion to continue this public hearing to the December 9 , 1993 , meeting. Vote: Motion carried unanimously. VII. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE EAGLE CREEK BLUFF ADDITION PLANNED UNIT DEVELOPMENT — VANZEE HOMES, INC. Chrmn. Joos re-opened the public hearing to consider the Preliminary and Final Development Plans for the Eagle Creek Bluff Addition Planned Unit Development (PUD) , located east of CR 18 , and south of Boiling Springs Lane. The Assistant City Planner stated that the Applicant, VanZee Homes, Inc. has submitted applications for approval of both the Preliminary Development Plan and the Final Development Plan for the proposed Planned Unit Development (PUD) for Eagle Creek Bluff. At the October meeting, this public hearing was continued to the November meeting to allow the applicant to obtain additional information regarding the recommendations listed in the October staff report, and to allow time for City staff to obtain additional information from the City of Savage. She stated that City staff met with staff of the City of Savage to discuss the issues relating to both cities. Since the applicant is proposing approximately 500 residential units on land adjacent to the subject site within the City of Savage, both cities are concerned with the amount of traffic that will be generated, as well as drainage and stormwater issues. The Assistant City Planner stated that the applicant has submitted preliminary information regarding anticipated traffic generated for this area, but staff has not received information to support these projections. Staff is recommending that a traffic analysis be conducted, and that the City's Consultant review this analysis and provide input. She stated that staff has received comments from some of the residents of Boiling Springs Lane stating their opposition to the southerly extension of the existing Boiling Springs cul-de-sac. She also Minutes of the Rage- 4 Shakopee Planning Commission November 4, 1993 stated that on the table there was a letter from the Department of Natural Resources, and another from Dan Callahan of Trout Unlimited, expressing their concerns regarding this issue. She added that the 60 day review period for the Planning Commission to review this application expires in November. However, the applicant has submitted a request for a time extension, and she stated that staff is recommending that the Planning Commission accept the time extension request and continue the public hearing to the December 9th meeting. Chrmn. Joos asked the applicant to come forward. Mr. Dennis Griswald, 13617 4th Avenue South, Burnsville, Minnesota, approached the podium. Mr. Griswold presented a new vicinity plan and explained how the area would be developed. He also presented a video tape of an aerial view of the area. He added that they had completed a purchase agreement for additional acre of land that was necessary to allow the construction of the 32 proposed units. Chrmn. Joos recognized anyone from the audience who would like to speak concerning this matter. Three citizens from the audience went to the podium to voice their opinions. All three are residents of Boiling Springs Lane. They included: Randy Sauer, 9401 East Boiling Springs Lane; Jim Langbin, 9050 Boiling Springs Lane; and John Pribble, 8963 East Boiling Springs Lane. All three gentlemen stated that they would like to see Boiling Springs Lane remain a cul-de-sac. They stated that all the residents on Boiling Springs Lane know each other, and that they don't have to worry about their children. The buses, mailman, and the snowplow can get through with no problems; and the reason they bought their lots was because it was on a cul-de-sac. For these reasons, they would like Boiling Springs Lane to remain as it exists today. Comm. Spurrier questioned whether or not Boiling Springs Lane was in good structural condition. The City Engineer responded that there is currently no damage to the road, but added that he was uncertain of its structural strength. Comm. Spurrier stated that the weight of the road was restricted and that would be some rationale for not putting the road through. The City Engineer stated that this road is usually only restricted during the Spring thaw. Minutes of thePage- 5 Shakopee Planning Commission November 4, 1993 Chrmn. Joos asked if this street was intended to be left as a cul-de-sac, or if the intent was to extend it as a through street. The City Planner stated that he would research this further, but believed that it was envisioned as a through street. The City Planner also stated that the City has a policy limiting the length of cul-de-sacs in the rural residential areas to 1, 000 feet. He added that this number is based upon traffic safety reasons. The City Engineer asked for permission to step up to the podium provide additional information regarding cul-de- sacs. He stated that cul-de-sacs are an accepted part of today's subdivision planning. However, he stated that there are additional costs incurred with cul-de-sac construction. School buses, mail delivery, and snow plows have to make twice the number of trips. He stated that the traffic onto Boiling Springs Lane should not increase substantially because there will also be an access to CR 18 . He added that cul-de-sacs have length limit requirements for traffic safety reasons. He added that it is in the best interest of the Planning Commission to consider connecting these two streets. Comm. Spurrier stated he is in favor of keeping Boiling Springs Lane a cul-de-sac since the residents really wish it stay that way. He stated that there are other long cul-de-sacs in existence that have not been a danger to the residents. Comm. Christensen stated that it really changes a neighborhood when you join two neighborhoods that are different in terms of lot size. She stated the Planning Commission needs to take that into consideration. Comm. Christensen added that she would like to know how much more money it would cost to keep the two cul-de-sacs in order to have a better understanding of the costs in having the two streets linked together. Chrmn. Joos stated that since Boiling Springs Lane was originally intended to be a through street, we need to take that fact into consideration. He also stated that he felt that there is not a problem in linking two different lot sized neighborhoods together. He added that the neighborhood in which he lives was developed in a similar manner, and he doesn't anticipate it being a problem. The City Engineer stated that the proposed connections between this subdivision and the proposed subdivisions in Savage are very important issues for the Planning Minutes of the Rage- 6 Shakopee Planning Commission November 4, 1993 Commission to consider because the assessments for sewer and water services on 2 1/2 acre lots will not be affordable. The City Planner added that the traffic issues still need to be considered, and that a traffic analysis should be conducted. He also stated that he has received a request for a time extension to the next meeting in December. Comm. Christensen stated she would like to get a better picture of how Boiling Springs Lane is going to look. She would like information on the existing area, and additional information on what the developer is planning for that area. Comm. Spurrier added that he would like to know how the east CR 18 interchange works as it relates to the proposed CR 18 and to 13th Avenue. Motion: Comm. Christensen/Zak offered the motion to continue the public hearing to the December 9 , 1993 , meeting. Vote: Motion carried unanimously. VIII. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY PLAT OF EAGLE CREEK BLUFF ADDITION - VANZEE HOMES, INC. Chrmn. Joos re-opened the public hearing to consider approval of the Preliminary Plat for Eagle Creek Bluff Addition, located east of CR 18 and south of Boiling Springs Lane. Motion: Comm. Spurrier/Christensen offered a motion to continue this public hearing to the December 9 , 1993 , meeting. Vote: Motion carried unanimously. IX. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF WESTRIDGE BAY ESTATES II 1ST ADDITION, LOCATED ALONG THE SOUTHEAST EDGE OF O'DOWD LAKE AND NORTH OF CR 14 - WESTRIDGE BAY COMPANY. The Planning Commission recommended approval of the Final Plat to the City Council with the approval of the Consent Agenda (Item No. 5) . This recommendation was subject to the following conditions: 1 . Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. mutes of the Page - 7 Shakopee Planning Commission November 4, 1993 B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. D. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. E. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. F. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . The applicant shall submit a revised Final Plat which revises the name of the plat to the following, "Westridge Bay Estates II, First Addition" . 4 . The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 5 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 6 . No direct access from lots to CSAH 14 will be permitted. 7 . No trees or monuments will be permitted within the right-of-way of CSAH 14 . 8 . No raising of water levels within the right-of-way of CSAH 14 will be permitted. 9 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 10 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 11. The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to Final Plat approval by the City Council: A. The Wetlands Mitigation Plan B. Dredging activities in O'Dowd Lake. Minutes of the Page - 8 Shakopee Planning Commission November 4, 1993 C. Bridges providing access to the two islands. D. Residential development on the two islands. E. Boat docks. 12 . The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. X. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT - CITY OF SHAKOPEE. Chrmn. Joos re-opened this public hearing to consider an application for a conditional use permit to allow fill to be placed in a floodway area within Huber Park. Amy Wicklund, the Planning Intern, recommended to the Planning Commission that the public hearing be continued to the December 9th meeting to allow additional time for the Department of Natural Resources to review the request. Motion: Comm. Spurrier/Zak offered a motion to continue this public hearing to the December 9 , 1993 , meeting. Vote: Motion carried unanimously. XI. DISCUSSION: TO CONSIDER THE INITIATION OF AN AMENDMENT TO THE ZONING ORDINANCE TO ALLOW LIMITED RETAIL SALES AS A CONDITIONAL USE WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT - MARLOWE ANDERSON, LEECO DISTRIBUTING; BURDETTE BOOTH, RAR KRAFT; AND RON THIEBAUD, RON'S AUTO SALES Chrmn. Joos opened the floor for discussion to consider the initiation of an amendment to the City ordinance allowing limited retail sales as a conditional use within the Light Industrial (I-1) Zoning District. The Planning Commission directed staff to return this issue to the November meeting if the Zoning Ordinance update was not completed by the November meeting. The City Planner stated that the applicants made a similar motion to the City Council. The City Council directed staff to write a letter to the Department of Public Safety to inform the DPS of the situation the City is in. The City Planner recommended that the Planning Commission table this discussion until the Planning Commission has reviewed the recommendations of the Zoning Ordinance Committee (ZORC) . Motion: Comm. Christensen/Zak offered a motion to table Minutes of thee 9 Shakopee planning Commission November 4, 1993 this discussion until the Planning Commission has reviewed the recommendations of the Zoning Ordinance Committee. Vote: Motion carried unanimously. XII. REVIEW: DEBORAH SNYDER — CONDITIONAL USE PERMIT RESOLUTION NO. 626. The Planning Commission approved the Review of Conditional Use Permit Resolution No. 626 with the approval of the Consent Agenda (Item No. 5) . XIII. OTHER BUSINESS The City Planner stated that there are four items before the Planning Commission that have to do with the review of Land Acquisition. The Planning Commission is to determine of the proposed land acquisitions are in compliance with the comprehensive plan. The City Planner pointed out on a map where the proposed water tower is going to be located. Comm. Spurrier stated a strong opposition to this proposal. He questioned why rural residents need urban services. He also stated that the City should not encourage urbanization that far from our existing systems. Comm. Christensen asked what the rationale was in choosing these points, and asked what is the water tower is going to look like. The City Planner responded that this facility is intended to be kept on a higher elevation, but low to the ground. He added that this facility is intended to be completed by 1996. Comm. Kelly stated that any land owner should be advised before any mapping is to take place. Comm. Spurrier agreed with Comm. Kelly's statement. Chrmn. Joos stated that the issue is whether this water storage facility is in compliance with the Comprehensive Plan. He added that he feels that is the case. Comm. Spurrier strongly disagreed with that statement. He stated that he feels this would be taking affirmative action to acquire property and develop the property and that' s doing it out of synch with other sites that were also identified. Comm. Zak stated that he would like more detail regarding this situation. He would also like to see a better map of where this facility is going to be located before Page-10 NGnutes of the November 4, 1993 Shakopee Planning Commission getting involved. Comm. Christensen asked if there were other locations where these facilities could be put that would also be in compliance with the Comprehensive Plan. The City Planner responded that there would be other locations in compliance in the sense that these facilities serve a growing community over a long period of time. He added that this process is not a site location process. That is the responsibility of Shakopee Public Utilities (SPUC) . The Planning Commission's role is to decide whether the site is in compliance with the Comprehensive Plan. Chrmn. Joos requested a copy of the Comprehensive Plan for their review. Motion: Comm. Spurrier/Kelly offered a motion to table the following items to the December 9 , 1993 , meeting: 13 . A. Review of Proposed Official Map - Water Storage Facility; and D. Land Acquisition - Water Storage Facility. Vote: Motion carried unanimously. Motion: Comm. Spurrier/Zak offered a motion that the Planning Commission find that the proposed Land Acquisition for the electric substation (Agenda Item No. 13 .B) is in compliance with the comprehensive plan provided there is a signed purchase agreement for the parcel . Vote: Motion carried unanimously. Item 13 .0 - Comm. Christensen stated that the location for the Community Center may not be the best place to have it put, and suggested that maybe it should be located downtown. Comm. Zak stated that this was turned down once by a referendum and stated that there are other uses for this land. Comm. Zak is unwilling to validate the Community Center when it has already been turned down by the polls. Comm. Spurrier stated that he feels the site is consistent with the Comprehensive Plan in that it is an expansion of the institutional need around the high school. Motion: Comm. Spurrier/Christensen offered a motion to find the land acquisition for the proposed Community Center (Agenda Item No. 13 .C) is consistent with the Comprehensive Plan. Minutes of the Page -11 Shakopee Planning Commission November 4, 1993 Vote: The vote was four in favor and two against the motion. Comm. Spurrier, Joos, Christensen, and Madigan voted in favor of the motion. Comm. Zak and Kelly voted against the motion. The Planning Commission selected November 18, 1993 , as the second meeting date in which to continue the discussion regarding the recommendations of the Zoning Ordinance Committee (ZORC) to the Planning Commission. The meeting is scheduled to begin at 7 : 30 P.M. XII. ADJOURNMENT The meeting was adjourned at 10: 05 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 3 , 1993 Mayor Laurent called the meeting to order at 7: 05 PM with Cncl. Vierling, Lynch, Beard and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S. Cox, City Clerk. Mr. Kraft added collective bargaining to item #16, Executive Session. Sweeney/Vierling moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 7: 06 PM for the H.R.A. meeting. Mayor Laurent reconvened the City Council meeting at 7:07 PM. Liaison reports were given by the Councilmembers. Mr. Stock arrived and took his seat. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. Mr. Robin McCullough, 2187 E. Highway 101, #8, Murphy's Landing resident, read a two page letter to the Council and provided a copy to each Councilmember. He commented on the unsafe living conditions at Murphy's Landing and that the City should have officials come out and inspect the sight. Councilmembers added to the consent business 13a) Authorizing Hiring of Police Officer. Councilmembers deleted from the consent business 13b) Unsafe Traffic Condition; 13j) Additional Planning Staff Member; 13k) Boards and Commissions - Expiring Terms; and 14a) Ordinance No. 365 - Prohibiting Bungee Jumping. Vierling/Beard moved to approve the consent business as modified. Motion carried unanimously. Vierling/Beard moved to approve the minutes of October 19, 1993 . (Motion carried under consent business. ) Mayor Laurent explained that the continuation of the public hearing on proposed assessments for Apgar from 6th to 1st, 2nd Ave. from Atwood to Pierce and Pierce from 2nd to 3rd, Project No. 1992-6 was continued to this meeting to allot people a longer period of time to appeal. Official Proceedings of the November 3, 1993 Shakopee City Council Page -2- Mr. Hutton commented that there was one appeal received and was attached to the memo. Mayor Laurent asked for comments from the audience. There was no response. Mayor Laurent closed the public hearing at 7:33 PM. Lynch/Vierling offered Resolution No. 3879, A Resolution Adopting Assessments for Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue, Project No. 1992-6 and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing at 7: 35 PM on the proposed assessments for Minnesota/Dakota Streets and alley improvements, Project #1993-5. Mr. Hutton gave a brief presentation on the proposed assessments. He stated there were three actual constructions that took place; one being paving a gravel street, repaving a street and paving an alley which included storm sewer. Mr. Hutton explained the assessment policies that were used in each instance. He stated that all the storm sewer was paid for by the Storm Sewer Fund. Discussion ensued on Donald Tech's objection to his zonal assessment for the Dakota Street improvements. Mr. Hutton explained that in the zonal assessment, policy states to use two and a half lots, however in this instance there are only three lots in the block. He stated that staff recommends the third lot be reduced to a half lot, which would be a normal assessment for blocks consisting of more lots. Mr. Sweeney stated that the zonal assessment policy does not refer to lots but rather to half blocks. He explained that if this logic was used that lot three would not be assessed at all and that lot two would only be assessed for a half lot. Mr. Ekola arrived and took his seat. Ms. Marty stated that since the word "block" was in question, one had to determine what the intent of the word was to mean in the way it was used. She stated the intent was to go half way between the cross streets and that has been past practice. Mr. Hutton explained that there is a street sign for Prairie Street which should not be there since Prairie Street is not a through street. Official Proceedings of the November 3, 1993 Shakopee City Council Page -3- Cncl. Vierling stated that she would agree with the two and a half lot assessment policy is in past practice. Cncl. Beard stated that he would agree with the two and a half lot assessment. Cncl. Sweeney asked whether the letter from Mr. Donald Tech would qualify as a letter of appeal. Mayor Laurent explained the process of the public hearing to the audience. Ms. Cox explained the assessment payment plans and senior citizen payment plans. Mr. Donald Tech, 919 East 7th Ave, stated that he thought the City was only going to go half a block and explained that he was told the City would assess from the street sign. He commented that the City should follow what their written policy stated and not change the policy for this situation. Mr. Leroy Menke, 1185 Shumway, developer of Milwaukee Manor, commented that he did not have a driveway off the alley that he was assessed for and therefore would not have any benefit from the paving of the alley. Mr. Hutton explained that there was a drainage problem in the alley and that was a detriment to Mr. Menke, which was part of the reason the alley was paved. Ms. Ann Zaun, 913 E. 7th Avenue, stated that even though the alley is paved they still get a lot of standing water and wanted to know if that would be corrected. Mayor Laurent closed the public hearing at 8: 10 PM. Mr. Hutton explained that they are going to correct the drainage problem in the alley with the Milwaukee Manor development. It may not happen until next spring or summer. Mr. Ekola stated that besides the drainage benefit, Mr. Menke would be receiving utility benefits, being adjoined to public right of way and alley and water utilities. Mr. Menke commented that he did not want the alley paved because he could have built a berm from the alley to the North. He stated that it was not his water that was draining in the alley. Sweeney/Vierling moved to remove the alley assessment from Mr. Menke's property. Motion failed unanimously. Official Proceedings of the November 3, 1993 Shakopee City Council Page -4- Vierling/Beard moved to stay with the assessment policy of two and a half lots as has been used in past practice. Motion carried with Cncl. Sweeney and Lynch dissenting. Beard/Vierling offered Resolution No. 3890, A Resolution Adopting Assessments for the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5 and moved its adoption. Motion carried with Cncl. Sweeney dissenting. Lynch/Sweeney moved to have staff review the zonal assessment and clarify what is a half a block. Motion carried unanimously. Mayor Laurent opened the public hearing on the proposed assessments for the 1993 Sidewalk Replacement Program, 1993-11. Mr. Hutton gave a brief presentation on the proposed assessments. He stated that 50 percent of the sidewalks are assessed. He stated that any sidewalks that had to be redone within a five year period were not assessed, according to City Code. He commented that the notice that was sent out stated all properties South of 1st Avenue would have the repairs, therefore five property owners North of 1st Avenue can not be assessed due to the language of the notice. Cncl. Sweeney asked about the Collector Street sidewalks and whether they should be assessed at all. Mr. Hutton commented that any new sidewalks on Collector Streets would not be assessed; however, the policy does not exclude replacement sidewalks from being assessed. Mr. Marvin Gustafson, 413 E. 3rd Avenue, stated that they were not informed of the reconstruction process at all. He asked whether the sidewalk was not owned by the City. Mr. Hutton suggested that perhaps Council would want to listen to the tapes of the meeting where this policy was discussed. He stated that there are certain criteria the City uses before the sidewalks are redone. Their being no further comments from the audience, Mayor Laurent closed the public hearing at 8: 58 p.m. Sweeney/Beard moved to direct staff to review the (proposed) assessments and remove the assessments for sidewalks on Collector Streets. Motion carried unanimously. Sweeney/Lynch moved to direct staff to review the assessment policy with respect to the sidewalks located on Collector Streets and Official Proceedings of the November 3, 1993 Shakopee City Council Page -5- apply the same standards for repairs on Collector Street as for new construction. Motion carried unanimously. Beard/Sweeney offered Resolution No. 3889, A Resolution Adopting Assessments for the 1993 Sidewalk Replacement Program, Project No. 1993-11 as amended and moved its adoption. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a short break at 9 : 00 PM. Mayor Laurent reconvened the City Council meeting at 9 :15 PM. Vierling/Beard offered Resolution No. 3881, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget Providing for a $3 , 000 Increase in the Professional Services Line Item of the Cable Program Within the Administration Division, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch moved to remove from the table the ordinance amendment to allow additional conditional use provisions in the light industrial zone (I-1) . Motion carried unanimously. Mr. Ekola gave a brief presentation on the proposed conditional use permit being requested by Chris Anderson, Burdette Booth and Ron Thiebaud for retail sales in the I-1 zone. He stated that the Department of Public Safety is now in the process of reviewing the dealers license for these operations . He stated that the Planning Commission meeting on the new zoning ordinance and for review of this topic is November 9th. Mr. Ekola stated that a mapping of the City will need to be done after the new zoning ordinance is adopted. Mayor Laurent commented that changing the zoning ordinance does not change the zoning but it may change the uses within certain zones . Sweeney/Lynch moved to direct staff to prepare a letter to the Department of Public Safety (DPS) informing them of the time constraints of the City Council and that the use these gentlemen are requesting may be incorporated into the new zoning ordinance, and while we cannot guarantee that the new ordinance will contain the necessary language to effectuate the proposed use, we expect that the new zoning ordinance will be approved and the subsequent conditional use will be granted. Motion carried unanimously. Mr. Chris Anderson, applicant, stated that he would like to get this accomplished before the January deadline or at least a variance to allow for these individuals to maintain their licenses . Official Proceedings of the November 3, 1993 Shakopee City Council Page -6- Mayor Laurent requested that staff copy Council any letter from the DPS concerning this matter in their non-agenda information packet. Sweeney/Beard moved to table the ordinance amendment for retail sales in the light industrial zone as a conditional use. Motion carried unanimously. Sweeney/Lynch moved to remove from the table the zoning of 68 acres lying south of 4th Avenue and south and west of KC Hall (Lenzmeier Property) . Motion carried unanimously. Mr. Ekola gave a brief presentation of the rezoning request. He stated that the Planning Commission recommended against the rezoning (to Urban Residential -R-2) . It is inconsistent with the comp plan and the land use plan. Cncl. Sweeney stated that multi-housing complexes create problems and that the PUD is a useful tool since it is a negotiable process between the City and the developers. Mr. Kraft commented on the 1984 and 1990 comp plan, stating that the 1990 comp plan is not in effect due to the delay of the Met Council and that neither identify this area as R-2 zone. Mr. Kraft stated that Council should look at conditions of the street, water, sewer and single family development around a light industrial property and the race track property. Cncl. Vierling commented that the developers need to get together with staff to create something acceptable to both the developer and the Planning Commission. Cncl. Beard stated that he would want the PUD on this property to negotiate the location of housing adjacent to the industrial sites and also to negotiate the 20 percent open space. Mr. Ekola showed the Council the zoning maps of the city to better illustrate the zoned areas for multi-family housing. He commented that the zoning ordinance R-4 does not have a cap on dwelling units per acre at this time. Cncl. Beard stated that he would like to see some duplexes or four plexes along Fourth Avenue and less high density housing. Mr. Kraft stated there is a proposal to rezone the property to the East of this property and, therefore, the city has a good opportunity to plan both of these properties at the same time. Ms. Marty stated that since the city is in the process of writing the zoning ordinance and will need to be mapped there may not be any mandatory PUD areas after that is accomplished. Official Proceedings of the November 3, 1993 Shakopee City Council Page -7- Sweeney/Beard moved to have the PUD process amended to allow staff flexibility in addressing open space. Ms. Marty asked whether staff is being directed to make sure new PUD provisions are flexible or is staff being requested to prepare an amendment to the ordinance. Cncl. Sweeney stated his intent of the motion was to establish two PUDs; an urban residential and a rural residential PUD or un- sewered PUD. Motion carried unanimously. Mr. Jim Johnston, Project Manager, stated that they do not want the PUD designation to remain on the property. He commented that he could make the project work with an R-2 zoning and less open space requirements. He stated that the Lenzmeier's are on a time frame and would not like this to stretch out into next spring. Mayor Laurent stated that if this was rezoned to R-2, staff has control in terms of enforcing standards, but once those are met then staff has no further control. Mr. John Lenzmeier commented that they are in a gridlock if the Council does not rezone this area. He stated that they would like to start developing this land and would not like to wait any longer. Mr. Johnston commented on the open space and questioned who would maintain that open space, the City or possibly a Home Owners Association. Mr. Ken Applebaum commented that he has a vested interest in the land next door. He stated that he keeps hearing that without a PUD, the City has no control. He said that that isn't so, that the City always has agreements. Councilmembers discussed what types of control the city could have in an R-2 district, such as buffering, types of buildings built, and single-family housing. Mr. Applebaum stated that they could possibly work with mixed housing on this property. Mayor Laurent explained that PUDs do not have a (limited) time frame, but if the developer wants to make a change they have to come before the Council to request that change. Sweeney/Beard moved to table the requested action (for the Lenzmeier property) until the first meeting of January to get the Official Proceedings of the November 3, 1993 Shakopee City Council Page -8- zoning ordinance revised to allow time for the planner and developer to review other options. Motion carried unanimously. Vierling/Beard authorized hiring of Kevin Gulden as a police officer with the Shakopee Police Department at a monthly rate of $2 , 391.27 subject to the satisfactory completion of pre-employment medical and psychological testing and the customary 12 month probation period. (Motion carried under consent business. ) Sweeney/Lynch moved to direct the appropriate city officials to contact the Department of Transportation and initiate the process necessary to establish a 30 mph speed zone on Hwy 101 from Naumkeag St. east to the area of Murphy's Landing. Motion carried with Cncl. Beard dissenting. Vierling/Beard moved to terminate the probationary status of Brenda Lind and appoint her to the full time permanent position of Clerk/Typist I. (Motion carried under consent business. ) Vierling/Beard moved to terminate the probationary status of Pat McDermott and appoint him to the full time permanent position of Assistant City Attorney. (Motion carried under consent business. ) Vierling/Beard moved to terminate the probationary status of Dave Nummer and appoint him to the full time permanent position of Civil Engineer effective October 27, 1993 . (Motion carried under consent business. ) Vierling/Beard moved to terminate the probationary status of Keith Weckman and appoint him to the full time permanent position of Assistant Mechanic effective October 26, 1993 . (Motion carried under consent business. ) Mayor Laurent abstained from any discussions concerning the property being proposed for the water tower and well due to a conflict of interest. Cncl. Sweeney stated that the position of the Shakopee Public Utilities Commission was that it would not be reasonable to train someone from SPUC to do acquisitions when the next proposed acquisition is not for about ten years. Ms. Marty stated that any number of legal entities can condemn properties as a public unit, however she did not feel that SPUC had that authority. Beard/Sweeney moved to direct staff to continue acquiring property on behalf of SPUC. Motion carried unanimously. Official Proceedings of the November 3, 1993 Shakopee City Council Page -9- Beard/Vierling moved to direct staff to acquire Lot 1, Block 1, Maple Trail Estates 1st on behalf of SPUC. Motion carried with Mayor Laurent abstaining from the vote. Mr. Hutton asked whether the motion included the hiring of an appraiser as would be the general practice. Ms. Marty stated that it is a local policy to obtain quotes. Mr. Kraft stated that staff should follow the policy. Vierling/Beard moved to authorize proper City officials to execute a farm lease with Gene Hauer for 1994 under the same terms as 1993 . (Motion carried under consent business. ) Vierling/Beard moved to authorize bills in the amount of $125,255.35. (Motion carried under consent business. ) Vierling/Beard moved to approve the selection of Lebens Bros. Interiors as the contractor for the Library carpeting project. (Motion carried under consent business. ) Vierling/Beard moved to approve the selection of Tim's Lawn and Landscaping as the contractor for the Lion's Park Tree Planting Project. (Motion carried under consent business. ) Vierling/Beard offered Resolution No. 3894, A Resolution Canvassing Returns for the Municipal Election, and moved its adoption. (Motion carried under consent business. ) Cncl. Vierling stated that she had received questions from the public as to why the Council did not discuss the hiring of new personnel. Suggestions were made to her such as a consultant being used instead of hiring another planner. Cncl. Vierling stated she called Chaska and Savage to compare their employment ratio with Shakopee. Mr. Kraft stated that the additional planning staff member was put on consent because it was originated by Council and previously discussed by Council. He stated that the new planner would be dealing with comprehensive planning, whereas current planning staff is spending 90 percent of its time on zoning ordinance amendments. Cncl. Sweeney stated that he did not favor consultants and that a new planner is needed so Shakopee does not fall behind in the planning process. Sweeney/Vierling moved to direct the City Administrator to initiate the hiring process for a new planning staff member at a salary range of $32 , 649 to $43,532 and further direct the necessary budget Official Proceedings of the November 3, 1993 Shakopee City Council Page -10- amendments to be made to provide for the funding of this position. Motion carried unanimously. Mr. Kraft informed Council that there was an additional memo on the table regarding the Boards and Commissions Expiring Terms. Beard/Vierling moved to announce that applications are now being accepted for expiring terms on city boards and commissions and direct staff to follow up with appropriate notices. Motion carried unanimously. Beard/Vierling moved to accept all applications for boards and commissions until the first council meeting in January, 1994, retaining the right to re-advertise if inadequate applications are received. Motion carried unanimously. Beard/Vierling moved to direct staff to contact all board and commission members whose terms are expiring inviting them to apply for reappointment. Motion carried unanimously. Beard/Vierling moved to direct staff to prepare an amendment to the Boards and Commission Guidelines for Appointment and Operation so as to limit to three the number of consecutive terms one can serve on those Boards and Commissions that meet monthly or more frequently. Motion carried unanimously. Vierling/Beard moved to adopt the LMC City Policies and Priorities for 1994 as presented. Motion carried unanimously. Cncl. Beard spoke against the proposed ordinance prohibiting bungee jumping since there are many entertainment facilities in Shakopee that may want to have bungee jumping. Cncl. Sweeney stated there may be a liability problem for the City in the case that someone were to be hurt or killed. Vierling/Lynch offered Ordinance No. 365, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 10, Public Protection, Crimes and Offenses, of the City Code By Adopting One New Section 10. 57, Bungee Jumping, and moved its adoption. Ms. Marty stated that if someone is bungee jumping on City property and gets hurt the City can be sued. She stated if someone bungee jumps on private property and the City in anyway condones it, then the City could also be sued. Beard/Sweeney moved to amend Ordinance No. 365, by prohibiting bungee jumping on City property. Motion carried with Cncl. Vierling and Lynch dissenting. Motion carried on main motion, as amended with Cncl. Lynch opposed. Official Proceedings of the November 3, 1993 Shakopee City Council Page -11- Vierling/Beard offered Resolution No. 3886, A Resolution Calling 1986A and 1987A Go Improvement Bonds for Redemption and moved its adoption. (Motion carried under consent business. ) Vierling/Beard offered Ordinance No. 364, An Ordinance Amending Chapter 9, Parking Regulations, Sec. 9.50, Parking During Street Maintenance, Snowy Weather, and in Central Business District, by Repealing Subd. 8, Snow Emergency Routes, and Enacting One New Subdivision in Lieu Thereof, and moved its adoption. (Motion carried under consent business. ) Vierling/Beard offered Resolution No. 3892, A Resolution Reassessing Certain Property (1991-3 2nd Avenue Project - Hicks) , and moved its adoption. (Motion carried under consent business. ) Vierling/Beard offered Resolution No. 3888, A Resolution Adopting the 1993-94 Snow and Ice Control Plan for the City of Shakopee and moved its adoption. (Motion carried under consent business. ) Vierling/Beard offered Resolution No. 3891, A Resolution Acknowledging the Positive Relationship Established Between the Shakopee Public Utility Commission and the City of Shakopee, and moved its adoption. (Motion carried under consent business. ) Vierling/Beard offered Resolution No. 3893 , A Resolution of the City of Shakopee, Minnesota, Authorizing the Appropriate City Officials to Enter Into a Grant Agreement for Forestry Assistance, and moved its adoption. (Motion carried under consent business. ) Vierling/Beard offered Resolution No. 3887, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget, and moved its adoption. (Motion carried under consent business. ) Mayor Laurent recessed the City Council meeting at 11: 26 PM for an Executive Session to discuss litigation and collective bargaining. Mayor Laurent reconvened the City Council meeting at 11:47 PM. No action was taken during the Executive Session. Mayor Laurent adjourned the meeting. The meeting was adjourned at 11: 47 PM.AL4 (J. J d th S. Cox (( C. Clerk Debra Zabel Recording Secretary E-5), a . MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Valley Ice Arena Correspondence DATE: November 12 , 1993 INTRODUCTION: Attached is a correspondence from Mark Pidde, President, Valley Ice Arena Inc . , requesting that the lease agreement between the City of Shakopeeand November the 1Shakopee Hockey Association be terminated effective 1993 . BACKGROUND: The lease agreement by and between the City of Shakopee and Valley Ice Arena Inc. expires on May 30, 1995 . With the demise of the hockey bubble, the Hockey Association and Valley Ice Arena Inc . no longer have a need to manage the site . The liability insurance previously provided by Valley Ice Arena Inc . on the property expires on November 16, 1993 . Valley Ice Arena Inc. would obviously like to forgo continuing liability insurance on the site since they no longer have a need to manage the facility, hence the request . At the meeting on November 16, 1993 the City Attorney will be prepared to discuss the default provisions of the current lease . It does appear that the City can terminate the lease and that the improvements made to the property shall become the property of the City of Shakopee. In terms of the condition of the site, staff believes that it would be beneficial to have the old hockey bubble dasher boards remain in place for a second ice rink at Lion' s Park. A recent inspection of the property revealed that the Hockey Association has demolished former locker rooms and removed the vast majority of the debris from the site . A small pile of refuse still exists . However, access to the site has been blocked due to City sewer k .thWesn f l pile, st of repair. Valley Ice Arena Inc . is requesting to store the zamboni in the building. They are not requesting that the City provide insurance on the building on its contents . Staff also does not believe that the building is worth insuring since there has been no investment on the part of the City and the building has no major interior improvements . The long range plan for the building is to utilize it for storage and a warming house. This winter our plan was to utilize the pool building for the warming house consistent with previous years . City Council should determine if they wish to terminate the lease agreement with Valley Ice Arena Inc . at this time. ALTERNATIVES: between the ity 1 . Move teem and Valley Ice Arena Inc.ate the lease agreement bandy effective November C off Shakope16 , 1993 . 2 . Do not terminate the lease agreement with Valley Ice Arena Inc. 3 . Table action pending further information from staff . 4 . Allow Valley Ice Arena Inc . to utilize the former arena building for storing the zamboni . STAFF RECOMMENDATION: Staff recommends Alternatives #1 and #4 . ACTION REQUESTED: 1 . Move to direct the appropriate City officials to take the appropriate steps to terminate the lease agreement by and between the City of Shakopee and Valley Ice Arena Inc . effective November 16, 1993 . 2 . Move to approve Valley Ice Arena Inc' s . request to store the zamboni in the former ice arena building. BAS/tiv . 74')- /‘', /993 C/ a) ,v6s&,) 4A4-10-w; --- 1,/ 40.1- A 7_,,.., , (_,T,Lv,L. , 6v-c- -a .."(,0 ,J.64/1_9,1A) . .t-e . ,/,,) • ' „ avi-cel il'46') fig`-" 4 i // 'I I i. A ,�67D i • ' �,�' // s . . C6,A67;1 A)7)/1- / / iq 9-3, / (319-1) 4 4, P" • Le,_C i,/,64j2_. jila M.- 1Qt-y I 4 • 1 LA" Ci"ey k () ' # -69 ,,&t°'LQJ &it-' rIVr111441L (V)4") -±iti / / / . ,. /O 7r) t.t/ytf-i-t-L- --au2 1 0 f -7rnz,t,& ed Ruu_<.,e,„A ctilf-i ,PAi C(AILA" ---, A2. a. CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Land Acquisition For The Community Center DATE: November 5, 1993 INTRODUCTION: Minnesota State Statute 462 . 356, Subd. 2 requires the Planning Commission review all City land acquisitions. At their meeting on November 4, 1993 , the Planning Commission recommended to the City Council that the land acquisition for the community center is in compliance with the adopted Comprehensive Plan. DISCUSSION: Recently legal counsel brought to staff's attention that the Planning Commission has not reviewed the land acquisition for the community center with respect to its compliance with the Comprehensive Plan. Staff requested that the Planning Commission review this land acquisition at their November 4, 1993 , meeting. As defined in state law, the Planning Commission's role is to review proposed land acquisition and forward its findings, as to the compliance of the proposed land acquisition with the Comprehensive Plan. As shown on Exhibit A the Land Use Plan from the 1990 - 2010 Comprehensive Plan designates the area southwest of the high school for single family residential uses. Since the review of this land use plan by the Planning Commission in 1990, the expansion of the high school site and creation of a community center emerged. The expansion of the high school and construction of a community center would provide a variety of public services for the growing urban residential areas in the City. In general, these facilities would be consistent with the goals established in the Comprehensive Plan. With regards to the land use plan, the Planning Commission requested that staff include the community center and expanded high school site on the land use plan when it is next updated. Staff anticipates the need to update the land use plan later this year after the Chaska Interceptor Agreement is completed. ALTERNATIVES: 1. Find the proposed land acquisition in compliance with the Comprehensive Plan. 2 . Find the proposed land acquisition not in compliance with the Comprehensive Plan. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends alternative #1. ACTION REQUESTED: Offer a motion which finds that the land acquisition for the community center, on the property located southwest of the high school, west of CR 79 and north of the extended Vierling Drive, is in compliance with the adopted Comprehensive Plan, and move its approval. - EXHIBIT A o /r-1 ` ,, r-7 r---TI ; // 1 f--/ I l cu �I `1�,\ 1 0 / II_ II %S UJ1\ \ o 1 CEI } \\ 11 1 II =___� / 1 \ 0 � \\ 11 J1 ...:-. ...,� �I j�� I, 1 W ' 1 ii 1I I :/r C-437 111 I s S-9 Cal i i 1 _1✓/� II II =,// ���� 1I� 1 n- 0 1 r r I f I = ►VI1 X11 1 I 1_ _ � II 2I 1II f� 'Ira I' ILJi °; rr'0.Jl JI'l ea r1 u .I1 z I a r -(\I \r _ I L 1 r�4// g // g ii it 2 II L_ / C \1,r1 1 r,..IL_ )/ T�� rV 1, - --i...a,'-�r_.1�U...1;.'— a.o•n..no�.w \\ \ L)• '-'1 r-� -� -7//:6 r_ - II li % 11°1(--- \\ u QUI o t 1 c. =_-J�� t` ----, 11 1,�'�~ i% 11 SII �� E. f l'11---.3\fl \1. 1 Sl1 S06 �/ QI a _ N SII CF/9/--�A E. 1 1 - \ - 11 1j11�.,\1 \1::' )i - 1 /i ` I�1 tc / • -:: -7-- . :_' II sN U \ _..1iF1\1\ 11m\1' t _i/ 40.,-j-., - - j 1 \___ ,;111 \I`\I /i • gam_ . \� �W 1 1- // - , , -: ,` I L__=— JL--------J-- ij -\ \ 6 ' ' — 1 . - I j .\ = - 1 � \ I I o \ , I I . � _-I _ � -- LJ \ g t 1 ,T,, a a o- \ • 1 �' 1\\ 1r., 1 - 1 `-J� \\ I 000U 1 /i'1 l.-1,.!... .1. E. 11' = m_.._�.I I 1 Va \ \x'1:. aJ1 _ -_ _�/I I .\ iil �Il - 1 - _ - II I I )jt : _ .- -1.-J167--.'-'11,:__- -I 1 — - - I I 1 15v.1 o J U I I \ \ To 1 J 1 J� I ;g II W II a L E n L.--_— _ \3 (il LiJ — r.«.677..7 aZ..a.,r U C) cc \ \ 1\2rte\ ; -7-1:----'7? . II d I rn rnnn \,1 .)0.-I) ;- =wI - .1I 1 UUUIJ \ r �\��.\\ I - •-- II" / 6 _ \\ \ ‘41 -- :' Hi / \\\\\., N&\ • '" I, -6 .... -a• Cr 0 CC \ \\\,` C—.��\ c > is > E \\ \\ ` \\�\\' / ea m c o / 9 a U ---_----, N,...____.- m O - > , `• to 2 _ _ \� - 11`N 1 .. uu v u i'0. b. CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Proposed Land Acquisition For An Electrical Substation Shakopee Public Utilities Commission DATE: November 5, 1993 INTRODUCTION: The Shakopee Public Utilities Commission (SPUC) has requested that the Shakopee City Council acquire land for a proposed electrical substation near the intersection of CR 17 and CR 78. Minnesota State Statute 462 . 356, Subd. 2 requires the Planning Commission review all City land acquisitions. At their meeting on November 4, 1993 , the Planning Commission recommended to the City Council that the land acquisition for the proposed electrical substation is in conformance with the adopted Comprehensive Plan. DISCUSSION: As defined in state law, the Planning Commission's role is to review proposed land acquisition and forward its findings, as to the compliance of the proposed land acquisition with the Comprehensive Plan. As shown on the 1990 - 2010 land use plan (Exhibit A) , future urban growth will occur south of the Shakopee Bypass. Commercial development is planned for both the CR 17 and CR 18 intersections with multi-family and single family residential uses surrounding the commercial interchange areas. In addition, the land use plan promotes low density residential development in the rural areas south of the bluff. Providing land for the construction of needed infrastructures such as the proposed electrical substation to serve these growing areas would be consistent with the Comprehensive Plan. ALTERNATIVES: 1. Find the proposed land acquisition in compliance with the Comprehensive Plan. 2 . Find the proposed land acquisition not in compliance with the Comprehensive Plan. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative #1. ACTION REQUESTED: Offer a motion which finds that the land acquisition for the proposed electrical substation near the intersection of CR 17 and CR 78 is in compliance with the adopted Comprehensive Plan, and move its approval. . EXHIBIT A V y co ,� �, r -' E )Z - I .. o i�.r'� \ til , 11 /�—�'��� I t i \-7\ Q1.-==�`" _, 1 rl `-1 I % ,--1,r-\ 1 - I�i )I=k., 1 : 11- it 5 l 1 J L_JJ 1 / r' 0) M i Ili (I 1 ' . >>fi 1 `'r ! I W ilj! 1 J C0 G r 7 c �I I it r=-1(�l�,r/ / %l I 11.4Y \ J II i ul i II <�,, ) // I �Jj -) / I�,o I 1(!� 'o j�// Irl ._ Jjo // I " / •-• —JCL) �G' —JL--_---J t,...� 11 I I v/ :11 r, cc :w 1s : ¢�I /L.', ��!, Lel �)I b o -� .- _ • .... _ e is �....J/g.I t O i t. - �— x—f 1 c fr- v a ` _r, .. L= I: ce I s� _~ cXLJ nnnn . , '4 -..,1....c,...,...,e., -1.—!-- •+•, , 1 It I I : 1 I g.. g°O : • (\__(.)k ,T - - 'E- U 4 _ - • O r is-. _- ". 7-2. d • • 0 73c2 c >. cr ,. _ -,__ 7 O u c .. • . - -7 ¢ I CI ,_.N 6 ¢ N nnnn uuuu 1 J : CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat for the Planned Unit Development for Westridge Bay Estates II First Addition DATE: November 5, 1993 INTRODUCTION: At the November 4 , 1993 , meeting of the Shakopee Planning Commission, the Commission recommended approval of the Final Plat for the first addition of the Planned Unit Development for Westridge Bay Estates II , subject to 12 conditions. BACKGROUND: The proposed development covers 129 . 18 acres of land and is located north of CR 14 , along the southern shore of O'Dowd Lake. The majority of the subject site is zoned Shoreland (S) . The southern portion of the site is zoned Rural Residential (R-1) . (See Exhibit A. ) At their June 1, 1993 , meeting, the City Council approved the Preliminary Development Plan for this proposed subdivision, subject to 26 conditions. On August 17 , 1993 , the Shakopee City Council approved both the Final Development Plan and the Preliminary Plat, subject to 26 conditions. (See Exhibit B. ) In the review and approval of the Final Development Plan, the City Council approved the following variances at their August 17 , 1993 , meeting: A. Section 11 . 03 , Subd. 3 , requiring frontage on a public right-of-way. Two lots on the two islands would not have frontage on a public right-of-way (Outlots H and K) . Access would be provided on two access easements located on proposed private property (Outlots J and G) . B. Section 12 . 07 , regarding Design Standards for Subdivisions, Subd. 1.B (f) , to construct a cul-de-sac in excess of 1, 000 feet in length. The applicant is proposing to construct a cul-de-sac over 3 , 070 feet in length, beginning at the northern edge of WestRidge Drive, and going east and to the northern end of Peninsula Point Road (Outlot P) . C. Section 12 . 1, Subd. 3 regarding the split of the Chessen property. The applicant is proposing to split the two islands from the Chessen property to the east and connect 1 them with the Schneider property in the PUD. The portion of the Chessen property to not be included in the PUD is less than 500 feet in width and less than 20 acres. D. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding minimum lot size of 2 .5 acres. The applicant is proposing a minimum lot size of 1 acre, as per Section 11.40.C. , regarding Planned Unit Developments, paragraphs 2 and 3 . E. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding a minimum lot width of 200 feet. The applicant is proposing to plat lots at only 150 feet in width. F. Section 11. 35, Shoreland Zoning District, Subd. 7 .B. , to allow an impervious roadway surface less than fifty feet from the O.H.W. for a private drive and the proposed Peninsula Point Road (Outlot P) . G. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding the required building setback of 100' from the O.H.W. The applicant is proposing a minimum setback of 75 feet for the proposed Lot 1, Block 6 (Outlot H) . CONSIDERATIONS: 1. The applicant is proposing to final plat 29 lots and 16 outlots in the 1st Addition. As submitted, the final plat is in conformance with the phasing concepts approved in the PUD review process. 2 . Vista Ridge Lane and Westridge Drive will be constructed in the first phase. The streets extending to the east of the PUD and across the peninsula will be constructed in later phases. 3 . The applicant originally proposed the dedication of 33 feet of right-of-way for CR 14 . However, the Scott County Highway Department required a 50 foot wide dedication with the approval of the PUD and the Preliminary Plat. 4 . With the redesign of the Vista Ridge Drive / CR 14 / CR 79 intersection and the dedication of the additional 17 feet of right-of-way, the southerly lot line of Lot 1, Block 1 was reduced to 41. 20 feet in width. By definition, this would become the front yard, and front yard setbacks will be applicable (30 feet) . Since this lot is a corner lot, the street side yard setback would be applied to the east property line (20 feet) . With the redesign of the Vista Ridge Drive / CR 14 / CR 79 intersection after the approval of the preliminary plat, staff recommends an additional condition requiring a 30 foot setback for the street side yard of Lot 1, Block 1. (Please refer to Condition No. 11. ) 2 5. Since additional phases of the PUD will be final platted at a later date, this plat should be labeled as follows, "Westridge Bay Estates II, First Addition" . A conditionhas been recommended requiring the applicant to submit a revised Final Plat containing this revision. 6. The following plans have been reviewed and were approved by the Engineering Department: A. Grading and Drainage Plan; B. Erosion Control Plan; C. Stormwater Management Plan; and D. Final Construction Plans. 7 . The applicant is proposing to avoid the disturbance of any wetlands within the proposed development. In August of this year, City staff issued a Certificate of Exemption to the Wetlands Act of 1991 to the applicant. 8 . The Department of Natural Resources has reviewed the proposed Final Plat and has recommended its approval. 9 . Since the approval of the PUD and the preliminary plat, the developer has worked with the United States Army Corps of Engineers and the Department of Natural Resources to satisfy the requirements of Conditions 14 and 18 of the Preliminary Plat. Condition No. 14 has been completed, and items A, C, and D of Condition No. 18 have been completed. The applicant has not yet submitted applications for items B and E (dredging activities in O'Dowd Lake, and boat docks) . Staff is recommending that Condition No. 18 be revised to require these approvals prior to the recording of the final plat. 10 . The developer will be required to dedicate drainage and utility easements for each of the lots. Ten foot wide easements are required along the sides of the lots that are located along the perimeter of the plat, and the sides of the lot which abut a street. Five foot wide utility easements are required along all other lot lines. With the 1st Addition, the applicant is proposing 10' drainage and utility lines around the perimeter of all lots. 11. Mr. Larry Schlasinger is the fee owner of the Chessen property, including the two islands. The Chessens are purchasing the property on a contract for deed basis. The City Attorney has commented that in the subdivision platting process all parties holding an interest in the properties must sign the subdivision plat. Mr. Schlasinger, as the fee owner, would have to sign the plat and other development documents in order for the subdivision plat to be recorded. If Mr. Schlasinger does not sign these documents, the plat cannot be recorded. 3 12 . Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The resulting park dedication fees are extremely low. The park dedication requirement would be approximately $9 , 195, or only $155. 65 per residential lot. Over the past two years, the average park dedication fee has ranged from $350 to $550 per single family residential lot. Based on the low calculations, the City has hired an appraiser to perform an appraisal for the site. The cost for this appraisal will be funded by the Park Reserve Fund. Once this information has been received, staff will recalculate the park dedication fee based upon the appraised value of the site. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. The developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. Due to this request, the City Council may enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. ALTERNATIVES: 1. Approve the Final Plat, subject to conditions. 2 . Modify the conditions recommended by the Planning Commission and staff, and approve the Final Plat. 3 . Deny the request for approval of the Final Plat. 4 . Table the decision and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission is recommending approval of the Final Plat for Westridge Bay Estates II First Addition (Alternative No. 1) , subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: 4 A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. D. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. E. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. F. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . The applicant shall submit a revised Final Plat which revises the name of the plat to the following, "Westridge Bay Estates II , First Addition" . 4 . The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 5. The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 6 . No direct access from lots to CSAH 14 will be permitted. 7 . No trees or monuments will be permitted within the right-of- way of CSAH 14 . 8 . No raising of water levels within the right-of-way of CSAH 14 will be permitted. 9 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 10 . The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. STAFF RECOMMENDATION: Staff recommends that the following condition be added as a part of the approval of the Final Plat: 5 11. A thirty (30) foot setback shall be required for the street side yard setback along Vista Ridge Drive for Lot 1, Block 1, within this proposed plat. Staff also recommends that Condition No. 18 of the Resolution approving the Preliminary Plat be revised as follows: 12 . The applicant must submit verification that the Minnesota Department of Natural Resources has approved the following items prior to the recording of the Final Plat: A. Dredging activities in O'Dowd Lake; and B. Boat docks. ACTION REQUESTED: Offer Resolution No. 3895, A Resolution Approving the Final Plat for Westridge Bay Estates II, First Addition, and move its adoption. 6 RESOLUTION NO. 3895 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR WESTRIDGE BAY ESTATES II, FIRST ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for the Westridge Bay Estates II First Addition Planned Unit Development on November 4, 1993 , and have recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for the Westridge Bay Estates II , 1st Addition Planned Unit Development, described on Attachment A attached hereto and incorporated herein, is hereby approved, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. D. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. E. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. F. Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3 . The applicant shall submit a revised Final Plat which revises the name of the plat to the following, "Westridge Bay Estates II , First Addition" . 7 4. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 5. The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 6. No direct access from lots to CSAH 14 will be permitted. 7 . No trees or monuments will be permitted within the right-of-way of CSAH 14 . 8. No raising of water levels within the right-of-way of CSAH 14 will be permitted. 9. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 10. The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 11. A thirty (30) foot setback shall be required for the street side yard setback along Vista Ridge Drive for Lot 1, Block 1, within this proposed plat. 12 . The applicant must submit verification that the Minnesota Department of Natural Resources has approved the following items prior to the recording of the Final Plat: A. Dredging activities in O'Dowd Lake; and B. Boat docks. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Final Plat for Westridge Bay Estates II, First Addition. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney 8 • . EXHIBI A .. •71 / i Ili �ry}• ce -7-V- •2t T• SL lit': = TIL•_S�r _ _ . �__--. -- .5..40Clen..a . :4 L 17, 1 P it 1 t...i: 1 _____ .____._,...... . . ._,.____________ Cr` Ftfi 77 "\-'''---'):, 1 ... ni: I{ 0. I (IN- i __ - r :--------e -...-�L i - 1• L\� J1 ': ...P. 4 \ =: . i===== ..I. -•iL,.._______,_: i I ,,+Dorn _ P l 4\ ��\ TAll3 r. 4 L / c-‘40./ { _ Lo�ooroE . . { 1_ - 1ti L/ )j `t M����. r :;rte e . { \II li V._,+/7::, N.4 R g---//./ , , . t: . .- . liz5-----,-----------,-,-----,-)., ,-' t 2z) Le ,IS-. r- \ . 1 ' I. AG AGRICULTURE r %� ii ,. R1 RURAL RESIDENTIAL -� - R2 URBAN RESIDENTIAL R3 MID-DENSITY RES. f v. R4 MULTI FAMILY RES. SUBJECT SITE > • ; B1 HIGHWAY BUSINESS -_`��=, _ .- B2 COMMUNITY BUSINESS - "�'� �� B3 CENTRAL BUSINESS I , r 11 LIGHT INDUSTRIAL : •-• --. .".......: • 12 HEAVY INDUSTRIAL I �� _ - S SHORELAND I :..7.. \,`. .. " , _. ; . FLOODPLAIN DISTRICT _ I ' _•_.• MANDATORY PUD RTD RACETRACK DISTRICT Zoning Map City of SHAKOPEE • • • :HIBIT B • RESOLUTION NO. 3844 • A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL DEVELOPMENT PLAN FOR THE PLANNED UNIT DEVELOPMENT, AND THE PRELIMINARY PLAT, FOR AESTRIDGE BAY ESTATES II. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Development Plan for the Planned Unit Development, and the Preliminary Plat, of Westridge Bay Estates II on August 5, 1993, and have recommended their approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY •COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Development Plan for the Planned Unit Development, and the Preliminary Plat, of Westridge Bay Estates II, described on Attachment A attached hereto and incorporated herein, is hereby approved subject to the following conditions: . 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. B. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. C. Local streets within the plat will be constructed in accordance the requirements of the design criteria and standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. E. Cash payment in lieu of park dedication shall be rec}uired. The park dedication payments nay be deferred to the tine of the issuance of the Building Permit. 3 . The following variances are approved: A. A. variance to Section 11 . 03 , Sutd . 3 , requiring frontage on a public right-of-way is approved for the lc is on the two islands (Lot 1 of Block 6 and Lot 1 of Flock 7) . B . A. variance to Section 12 . 07 , Sutd . 1 . 5 ( f) is approved allowing Peninsula Point Road to b`' constructed as a � r. length . c..:1-de-sac street up to 3 , 200 feet arito Secticn 12 . 01 , S' 3 is approved C. �. ance �• .J 15 =.. :S ' the" o n of Cn_SSE.. r _ an he per.-..,•.:la to h = s 1- _ - _ o- �.._ • .iL� • /A property. D. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. E. F. variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. F. A variance to Section 11 . 35, Subd. 7 .B is approved to reduce the minimum distance of the two driveways providing access to the lots on the islands to be no less than twenty-five feet from the ordinary high water mark. G. A 25' variance to Section 11.35, Shoreland Zoning District, Subd. 6, regarding the required building setback of 100' from the Ordinary High Water mark. A minimum setback of 75 feet is required for Lot 1, Block 6, and Lot 1, Block 7. 4 . The applicant shall implement restrictive covenants for the development of the two islands to ensure neutral or earth tone colors for the homes on those lots, and that a buffer of natural, unmown vegetation within 50' of the shore be maintained. Selective cutting to provide one 20' wide _ access to one dock per lot shall be allowed. 5. The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes nay occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths, and except as provided in paragraph 4 above. No boat landings nay be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures ray be constructed in the -a-e0' -� foot setback, except as provided in paragraph 3 .G. above. 6 . The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Co-),-,ission. This water system can only serve properties within the PUD. 7 . The number of single family residential lots is limited to a maximum cf 59 . The maximum number of lots on the peninsula and two islands shall be :5 . Only one lot will be alloyed on each island . S . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit . No direc-c access from lot.E to :5r... 14 will be pr_ nitte; . 10. No trees or monuments will be permitted within the right-of- way of CSAH 14 . 11. No raising of water levels within the right-of-way of CSAR 14 will be permitted. 12 . The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plan. 13 . The applicant shall provide a revised Final Development Plan which renames the six (6) wetlands as "Wetland A" through "Wetland F" . 14 . The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary .. permits for the proposed subdivision prior to the recording of the Final Plat.• 15 . The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. • 16 . Access from a County Road requires an approved County Entrance Permit. • 17 . A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 18 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval by the City Council : A. The Wetlands Mitigation Plan E. Dredging activities in O'Dowd Lake. C. Bridges providing access to the two islands . D. Residential development on the two islands . E . Boat docks . 19 . The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 20 . Approval of the Final Development Plan is contingent upon L receiving a Certificate of Exemption from the Wetlands Act of 199_ 21 . Approval of the Final Development Plan is contingent on the succes_ ful re-design of the CR 79 interchange with CR 14 and the pr_-csed Vista Ridge Drive, and the County Engineer' s a:pro, _ of the desic-. of the ir.tersection . 22 . Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: A. The Preliminary Grading and Drainage Plan; B. The Erosion Control Plan; C. The Stormwater Management Plan, including the stormwater calculations; and D. The Final Construction Plans for all public improvements. 23 . The applicant shall submit a revised Final Development Plan and Preliminary Plat which provides 50 feet of right-of-way dedication along CSAH 14 . 24 . The applicant shall submit a revised Final Development Plan and. Preliminary Plat which adjusts the lot lines adjacent to Lot 5, Lot 7, Lot 14 , and Lot 15, Block 5, to allow these lots to Meet the minimum lot width of 150 feet as approved by variance with the Preliminary Development Plan. 25 . The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. 26 . The portions of the driveways to the two Chessen islands which cross Lot 11 and 13 of Block 5 in private easements shall be paved as approved by the City Engineer. Driveway improvements shall be the responsibility of the island lot owners. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development, the Preliminary Flat, and the developer' s agreement. Passed in 0: p1,C • session of the City Council of the City of Shakopee, MiKnesdxa , held this 0 day of 044-kt.-J , 1993 . ..->Cj,--4/-‘tz.e..m tr,._t Mayor of :hre ity of Shakopee Attest : wi, A, e//(y City Clerk L) Approved to form: 1! /_/f,,42 City Attorney • • • •i.�•;•l.tr'I.'t • \• I r • t'.•` w •11.1311+...11•1•11.1+.• \ • - 'J.►1.1•.1N 1.11111 gyt.3w.1... u11Vm 1111. . •w.. ••�� z w.r.� Cl) -•-- %,.,c, 11 11._ 111111 .. LL (.'.', ..'• , 111•1 ."."1L.•n .•.0 I 6 7 0 0 I 1 I. I :1 i "tMlr• I 1 IN I • -• . . \ IA}}t Al I:. I ` S S 92 j _ ij',n d 11 1 1• IC a, yJ Lt 333 • I 104,1 'Ili i W Q. I 4.,./ . .\ "..r...r .. . 11. .. •1111•A. o Z.3% •.) :••;::::•.;' ..111:1. • �6;,, �, \. 0.ri;j1.:.r • a �. • 1,"t' .: . . `,. \.. 11f_J•.M , 1114 (1111 y•••••'1 . R s oa • �`/ %'; .•f ..�pr 1 1 :C? \ -1111 •1 �` .e,.';`% �IC •Y~ ,.• \t / ttt I 2 1 Ili �i it s //I ) 1 I_ 1 - e f ••• yA.•N # ,. S • 1 • 1 I 1111. ! \• �•. . ' "• . '•s' Z1\\f / ^'•� 11.1•'." 4'• " \t e' t • ' 1 1;1I\I \ n M .) . 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(••;(4s • .- t c. g V/i 3 kiy \.,f t d° -"Li a lat. y • . ..• ..1,0, / ..:/.i • �4s f1 d E�; I — l' I 3°54 v 7i 'c' 'M ?s a. } 1 3 t �/ s+ % !;•, + ri:: 19p �'k� �R'ti'�j/ 1 1 :111 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 12th Avenue Sanitary Sewer and Watermain Project No. 1992-4 DATE: November 9, 1993 INTRODUCTION: Attached is Resolution No. 3901, which adopts the special assessments on the above referenced project. BACKGROUND: The 12th Avenue Sanitary Sewer and Watermain Project is essentially complete and all project costs have been identified. This project consists of installing sewer and watermain along 12th Avenue located in the Industrial Park. In addition a lift station was installed at 12th Avenue and Valley Park Drive and a future sewer crossing of the proposed Shakopee Bypass was constructed. This project was petitioned for by the developer and public hearing rights were waived. The final project costs are $949,898.68,which consists of construction cost totalling $768,829.61 and engineering/administrative costs totalling $181,069.07. The engineering/administrative costs represent 23.5% of the construction costs. Of the total project costs, the total cost for constructing the 400 foot long sewer crossing of the Shakopee Bypass is $56,230.97. The developer does not feel that this portion of the project should be assessed because there is no benefit to the developer, as the new Chaska Interceptor will now be located on the north side of the Bypass rather than the south side as originally proposed. When the City designed this project, staff worked closely with the MWCC staff to determine the correct location and elevation of the future Chaska Interceptor manhole on the south side of the Bypass. Now that the crossing has been installed, the MWCC has advised the City of Shakopee and the developer that the interceptor will now be located on the north side of the Bypass. This creates a problem in that the sewer crossing already installed drains south, when it should be draining north so as the pipe currently exists, it will not benefit the developer at all. Because there is no benefit, the developer does not feel that these costs should be assessed. This crossing needs to be replaced so that it drains north. If the Council elects not to assess the sewer crossing costs, there are two other funding options available. One would be for the City to fund these costs utilizing the Sanitary Sewer Fund. The second option would be to request that the MWCC pay these costs. Staff has contacted the MWCC staff on this issue and they have verbally indicated that they would be willing to consider installing the second crossing to drain north at their expense as part of the interceptor construction. But they did not feel it would be possible to reimburse the City for the costs to install the current crossing, as this is contrary to current MWCC policies since there was no prior agreement covering their participation. The MWCC staff indicated that one possible vehicle for reimbursing the City would be to request a credit of the same amount to our total costs for the Chaska Interceptor, which will be covered by an agreement. The trouble with that option is that the City is not guaranteed to get that credit in the agreement and also the timing issue. The agreement is still under negotiations, but yet the assessments need to be certified by November 30, 1993. Staff will continue to attempt to get preliminary feedback from the Met Council and MWCC on whether or not the City may be eligible for that credit to our total cost in the proposed interceptor agreement. Basically, the City is not guaranteed to recover the $56,000.00 from the MWCC. One way to keep all options open would be to assess the full amount to the developer, let the developer start the appeal process and if the City can resolve this issue with the MWCC the assessments could be reduced prior to going to court. If the City does not receive this amount, the developer would then pay for it. Otherwise, the Sanitary Sewer Fund must absorb these costs. The developer is not in favor of this option and feels this issue is between the City and MWCC. The second issue that the developer has brought up, is that the entire design of the 12th Avenue sewer would have been different with the interceptor on the north side of the Bypass. The sewer in 12th Avenue could have been installed shallower, hence saving a lot of the rock excavation costs. The area of land located between 12th Avenue and the new interceptor could have then been served by several direct connections to the new interceptor. The developer has estimated that the actual additional costs incurred for this sewer would be approximately $50,000.00. The developer is requesting that his assessments be reduced by an additional $50,000.00 for this issue. Staff has brought this request to MWCC staff also and they have indicated that this would not be an item that they would participate in or even consider. The MWCC feels that the information given to the City during the design of our project was made in "good faith" and the fact that this project has continued to evolve and change as they start designing it is not a legitimate reason for participating in these costs. The likelihood of the City recovering these costs from the MWCC are small. Council should provide staff with direction in regards to assessing these costs. 2 • In addition to the sewer, a portion of the project costs will be funded by Shakopee Public Utilities Commission (SPUC) for watermain oversizing costs, totalling $168,839.10. SPUC staff have reviewed and approved of these oversizing costs. Attached is the proposed assessment roll for this project. The proposed assessable costs do not include the $56,230.97 for the sewer crossing of the Shakopee Bypass, but does include all other sewer costs. The total amount of the project proposed to be assessed is $724,828.61. In addition, a trunk watermain charge of $60,600.00 will be levied, bringing the total amount assessed to $785,428.61. All properties that benefit from this improvement are owned by Valley Green Business Park so it is proposed to assess the entire amount to them. This project was petitioned for by Valley Green Business Park and they waived their right to a public hearing and waived their right to appeal the assessments. Attached is Resolution No. 3901, which adopts the assessments on this project. The assessments must be certified to the County by November 30, 1993 to be included in the 1994 tax statements. ALTERNATIVES: 1. Adopt Resolution No. 3901, adopting the assessment roll as proposed. 2. Amend Resolution No. 3901, to provide an additional credit to the developer of $50,000.00. for additional costs associated with the 12th Avenue sewer. The intent would be to direct staff to try and get the MWCC to reimburse the City for these costs. 3. Amend Resolution No. 3901, to adopt the assessments in full with no sewer credit to the developer. If the City is successful in getting MWCC participation, the assessments could then be reduced accordingly. 4. Table Resolution No. 3901 for additional information and discussion. RECOMMENDATION: Staff recommends Alternative No. 1, based on the discussions with MWCC to date. The City Council should be aware that any costs not picked up by the MWCC would be funded by the City's Sanitary Sewer Fund. Staff does not recommend granting the additional $50,000.00 credit, because these costs are hypothetical and it is not really known what the final project costs are had the sewer been designed differently. 3 ACTION REQUESTED: Offer Resolution No. 3901, A Resolution Adopting Assessments for 12th Avenue Sewer and Watermain Improvements, Between County Road 83 and Valley Park Drive, Project No. 1992-4 and move its adoption. DEH/pmp MEM3901 4 i a m n c, is) 77 m m x` r m D o X N 2 ..• I.• \ 112). EXISTING NASERMAIN _ 1 o I \ m 11 I .• COUNTY ROAD N0. 83 _ i_l • ' ^ \ �-EXISTING LATERAL SEWER _ -- ` ' Dc 1 No EXISTING FORCEMAIN 1-i O _ // ,1 me irTfm T ./ ' 1 • 1 Li m,, A D D V ooq Ir I II/. • or �I D o I _ /....._.._ - 1 � c .1C .3 AV 1-_OI r m 1-1 m A�lti2i 1Vl _ 0350d0—lid I/ _a O'O 1 24 / O • S = o' = z) • 4//////il-4 I < I ; 1 -< iv, I I V O : • 23 cno \ D-m Z •m , -,o q00co / D I _ F 7 5 :i x ' • JFR SED rn6-i D /OA, , O /// FOR MAIN n i CD• I EWER N {:•. m D f m .1z z is a 2 r = y m 0 n D L is •,1 z -I -I D r IV —1 -1 -- - r— - —- — j y D cn l., x Z Z = /4 v v m a I Z Z �/: ----- _ M o = g 0)1.) D0) M i c_D� DXJ r I> V' T0) mcjrn 0 m o — PRIOR L KE INTERCEPTOR , EZ _<m —D i K— C) -<v mm rn C , zm N 1-XcmU) I ii ff: • - Z� = MC -i(D K —I � I i • o• >Zo mm --i mDi i v ZmUlfrit > -u > c) OOr I _ O• > D r 1 i ;:�. (Y) m '• Breakdown of Costs for Assessing 12th Avenue Sewer and Watermain Project No. 1992-4 REVISED 11/11/93 Total Construction Costs = $768,829. 61 Total Eng/Adm. Costs = $181, 069 . 07 Total Const. + Eng/Adm. Costs = $949 , 898 . 68 1. City portion of the Construction costs = $45,512 .26 45, 512 . 26/768 , 829 . 61 x 181069 . 07 = $10, 718.71 Eng/Adm Costs Total City portion of Construction + Eng/Adm costs = 45, 512 . 26 + 10, 718 . 71 = $56,230. 97 2 . Assessed portion of the Construction costs = $586, 662 .25 586, 662 . 25/768 , 829 . 61 x 181, 069 . 07 = $138, 166. 36 Eng/Adm Costs Total Assessed portion of Construction + Eng/Adm costs = 586, 662 . 25 + 138 , 166 . 36 = $724,828. 61 3 . S.P.U.C. portion of the Construction costs = $136, 655. 10 136, 655 . 10/768 , 829 . 61 x 181, 069 . 07 = $32, 184 . 00 Eng/Adm Costs Total S.P.U.C. portion of Construction + Eng/Adm costs = 136 , 655 . 10 + 32 , 184 . 00 = $168,839 . 10 Summary of Construction and Eng/Adm Costs: City Portion - $56,230. 97 Assessed Portion - $724,828. 61 S.P.U.C. Portion - $168,839 . 10 Total = $949,898. 68 Trunk water charges from S.P.U.C. _ $60, 600. 00 Total amount to be assessed = $724,828. 61 + $60, 600. 00 = $785,428. 61 RESOLUTION NO. 3901 A Resolution Adopting Assessments For 12th Avenue Sewer and Watermain Improvements, Between County Road 83 and Valley Park Drive Project No. 1992-4 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: 12th Avenue, between County Road 83 and Valley Park Drive by sanitary sewer and watermain improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1994, and shall bear interest at the rate of 6.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1994 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property,with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or beforeeach November of land which are to become e total amount of installments and interest on assessments on parcel due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney SPECIAL ASSESSMENTS 12TH AVENUE SEWER AND WATERMAIN PROJECT NO. 1992-4 11/10/93 REVISED 11/11/93 REVISED 11/12/93 27-123002-0 VALLEY GREEN INDUSTRIAL PARK LOT 2 BLOCK 1 3.149 $26,143.04 5276 VALLEY INDUSTRIAL BLVD. CANTERBURY PARK 2ND ADDN SHAKOPEE, MN. 55379 27-148004-0 VALLEY GREEN INDUSTRIAL PARK TRACT D RLS#134 EX. S 100' 21.592 $179,257.08 5276 VALLEY INDUSTRIAL BLVD. OF E 100' SHAKOPEE, MN. 55379 27-148006-0 VALLEY GREEN INDUSTRIAL PARK TRACT F RLS#134 26.278 $218,160.32 5276 VALLEY INDUSTRIAL BLVD. SHAKOPEE, MN. 55379 27-148007-0 VALLEY GREEN INDUSTRIAL PARK TRACT G RLS# 134 17.210 $142,877.66 5276 VALLEY INDUSTRIAL BLVD. SHAKOPEE, MN. 55379 27-176001-0 VALLEY GREEN INDUSTRIAL PARK LOT 1 BLOCK 1 6.323 $52,493.63 5276 VALLEY INDUSTRIAL BLVD. VALLEY PARK 11TH ADDITION SHAKOPEE, MN. 55379 27-176002-0 VALLEY GREEN INDUSTRIAL PARK LOT 1 BLOCK 2 8.765 $72,767.15 5276 VALLEY INDUSTRIAL BLVD. VALLEY PARK 11TH ADDITION SHAKOPEE, MN. 55379 27-176003-0 VALLEY GREEN INDUSTRIAL PARK LOT 2 BLOCK 2 11.290 $93,729.73 5276 VALLEY INDUSTRIAL BLVD. VALLEY PARK 11TH ADDITION SHAKOPEE, MN. 55379 TOTALS= 94.607 $785,428.61 ASSESSMENT COST/ACRE= $8,302.0137 0 1 I I N 0 I_, I w I _ F- rc • O l: a ------ -- 111 O Q Z O N Z ICC I— F-r CY J N W IInn •0 3 I I ' 0 p❑ Q CL Q W o Z x I 1 J a F- W Z� w • r QZ � CCV 0000 Q I• Z I 1- 2mF- OE = WZ 1 •• I JL► 0 JI.7Z U) I.7 --- iI WQCD ❑ r C7 ' CI d fL N N Q W Q — ..c' ''''Irer-:1iV a01d30a31N1 3N 2lOINd Q J Z Z to 1. / } = J (ra.Q �a-o 1-4 ( u I1 z z I' ctct 4 --- - - - U) cc 1 (I) W a N J ' = Q • a W W K I O H W -I W IQ CO Cr 83M3S 1tl1131V1 9NI1SIX3'U NIVW3ia0d�r Qdd00- , 0W03S Mda - IIj ��/�/ Q u_7) ZZ 1" (4. m O -- \ �....� I - -. Ql b WQ W 7 O03 — ___—.—. 1 V �N a Z 'al, o a . ti : o f � y•eti aFw r /I-4 16 /,v ix I`w x 1' I - 't + - 7 am. I- 1 i r7 _. L- N >- I I a I j I ebb C7 i 1 Q O• ' 17 1 I = I 4 St --- --- • _ s-- I: 1 U _ O ~ dOdw. PRO•*SED LAT: RAL O• x 7 W _ � , � _�/ I0TH AV E. I' o I I I k1: - I I C I W �f 3 I II • W :I ^ I e H Qil• ), K r \ /4 apI < Q Z I I _ Q \ _ aWr I I/ ' ••00$npf I x N •1 rultnpMr 0.- • • • • Y ...--- / . NItlW302l0�JNIISIX3 213M3S-1V831-1V831.1/1 JNIISIX3 7FW FFJI - 3��a LL I nw( - Or ' ^ag - 6 O aq �Q I`J .I I \ - i'i ..."'''s."e + £8 'ON OVOLI A1Nf100 Iy. \\ \I 1 'o NItlW2131tlM 9NI1SIX3 ¢• Z\II 11-1 allo OI r `o Q I 2 Q 1 • • __ NF1 11 ; I m K N • o W . _ I 2,1,. w 11 ' •.p� 0 0 O c • Ic - ---- -- . -_. ) ► b MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tattoo License DATE: November 16, 1993 The application for a tattoo license from Linda Kulic tirian s nis ot One nn order for aisu because of sthe. need for reason inspecption of the pot in order premises for compliance with health issues dpartY in tto ordinance. Staff is attempting to locate a qualified perform the inspection. Staffcontract to perfo m such for approval of entering into a as soon as a party is selected. __ 1/ 6 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tattoo License DATE: November 10, 1993 I received an application from Linda On September 29th, god Art, 205 So. Lewis Street. Kurian, 1st in Hair and Tanning/Body Ms. Kurian desires to offer a new service to her customers he y of permanent cosmetology make-up. I have been advised by City Attorney that this service does allwithin the tattoo ordinance and therefore requires a tattoo license. As of this writing, everything staff desires to submit to City Council to aid them in their consideration of this application is not in order. Rather than postpone this item from the agenda for the third time, and because City Council will not have another regular meeting for three weeks, I request that this item be placed on the November 16th Council agendaithe t that tievent staff has adequate information for Council considen Staff will provide the appropriate background memo to City Council on November 16th, or recommend that the item be deleted from the agenda. CONSENT 1Ic TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Payment of Special Assessment DATE: November 10, 1993 Introduction off of a special assessment against city Council is requested to consider the pay property. Backer Street project. Included is Council recently adopted assessments for the Apgar Council an assessment against city property in the amount of $2,061.96. generally prepays its assessments utilizing the CIF as the source of money. Alternatives through the General 1. Let the assessment run on the taxes with interest and pay Fund. 2. Pay off the assessment through the General Fund. 3. Pay off the assessment through the CIF. Recommendation Alternative number 3. Action Requested Street Move to approve of the pay off of the special assessment for the Apgar project against city owned parcel number 27-001267-0 in the amount of $2,061.96 with funding from the Capital Improvement Fund. ObNT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 1st Avenue DATE: November 9, 1993 INTRODUCTION: City Council direction is requested on the turnback of 1st Avenue between Holmes Street and Sommerville Street, from State Trunk Highway 101 to a City street. BACKGROUND: f hat with the c has always been the intent of both Mn/DOT and the Citand S akopeellt Street would conststructionion of the minibypass, 1st Avenue between Holmes Street be turned back as a City street. With the opening of the minibypasae the relocation pof traffic onto the new highway, staff is requesting that the City Councilm Earlier this year the City Council held a public hearing to consider the improvements to 1st us ion of Avenue as part of the Downtown Streetscape Project, Phase II and atthe concl will be a public hng hearing, City Council ordered plans and specifications for this project. econstructing this project, this project in- house during the winter. Prior to the City actually constructiOT officials ng indicated Mn/DOT must turn this highway back to the City Shakopeethe City oDf Shakopee. that this turnback needs to be initiated by quest from e Mn/DOT concurs with the turnback issue and feels these two blocks roof Stake highway ace until after become City street. M�OTis requesting in that they will st 11 need the official to utilize highway right-of-way for the the construction is completed completion of the project. Staff has contacted Mn/DOT and they haein o derd thatatthe the timing of ion of of the turnback can be itstieinto1994 cohe nstrucntiolntprojects. e con Shakopee may plan fo o As part of the turnback, staff is also proposing that the City 1st s ShakopAvenue as a coed Mn/DOT pay ffor some of the street reconstruction costs associated with they would have undoubtedly had turnback. If the State were to keep this e o highway, do,and staff feels that the City should to spend funds on it due to the existing pavement request reimbursement for some of the pavement replacement costs. ACTION REQUESTED: rnback y 1st Move to direct staff to submit an official request to the Mn/DOTfrom iT�nking a desire to to a City 1st Avenue, between Holmes Street and Sommerville Street street and to request Mn/DOT reimburse the City of Shakopee forall or part of the pavement replacement costs associated with the reconstruction of 1st DEH/pmp TONSiT\1T MEMO TO: Dennis Kraft, City Administrator C‘\ FROM: Dave Hutton, Public Works Director (.9 SUBJECT: Stop Signs on Fuller Street DATE: November 8, 1993 INTRODUCTION: Staff has received citizen requests to review the stop sign placement on Fuller Street, between 6th Avenue and 1st Avenue. BACKGROUND: ed. Traffic has enin of the minibypass, the traffic patterns in Shakopee have chang With the op g decreased on Holmes Street, while traffic has increased on Fuller Street. Staffh re has received citizen requests to re-evaluate the existing stop 1 gnwasrat t and Avenue/Holmesto ado a Street and 6th Avenue/Holmes Street to determine if they are if sto signs are warranted at 4th Avenue/Fuller Street and 6th Avenue/Fuller study to determine p street. City Council direction is desired. ALTERNATIVES: 1. Order warrant studies for stop signs at the respective four intersections. 2. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 2 for the time being for the following reasons: The construction of the minibypass is still not complete. Until the ramps into downtown 1 continue to change. are constructed, traffic patterns may he Cit construction project at Spencer Street is still not complete. Until that project 2. T Y is completed, traffic patterns are not firmly established. 3. Scott County still has jurisdiction over 4th Avenuewoth uld renuirue e that Scott County do the d Fuller Street between the two. Therefore,three of the four intersections warrant study. The County is considering turning back these streets to the City of Shakopee, but this issue has not been decided by the Scott County Based on the above reasons, staff recommends waiting on evaluating these four intersections for approximately one year to allow time for these issues to be resolved. ACTION REQUESTED: Move to delay the request for stop sign warrant studies at t et intersectionse andtAvenue/FullervenueStreet for olmes Street, 6th Avenue/Holmes Street, 4th Avenue/Fuller to be o ted approximately one year to allow for street and °4 h Aved nue/6th Avenuection sturnback completed downtown and for the results of the Scott County's DEH/pmp SIGNS I MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director A SUBJECT: McKenna Road DATE: November 9, 1993 INTRODUCTION: The Cit Council received an offer from the Mdewakanton Sioux Community (M.S.C.) to pave Y McKenna Road. This item was tabled at the October 19, 1993e dat on.meeting in order for staff to review the Special Assessment Policy and offer a recomm BACKGROUND: M.S.C. indicatin On October 19, 1993 the City Council received correspondence fromthe McKenna Road gf thet o they would propose to pay 100% of the construction costs for improving City would absorb all "soft" costs (engineering, administrative, etc.). McKenna Road is on the Municipal State Aid System and would be eligible for State AidFunding. s issue had previously been discussed by the City Council last winter when the M.S.C. was Thi evaluating a proposed Community Center. On h February 16, 1993 the City Council ordered a feasibility report for an offer froMcKenna to mato pay This feasibility report was initiated by a request from the M.S.C. and for 60% of the improvement costs. The feasibility report has estimated the project costs to be as follows: Construction Costs $190,000.004 ,500.00 Plus 25% Engr./Admin. Fees $ Total Cost Estimate $237,500.00 ing The feasibility report recommended using a combination S C�contributionavailable andfSt to Aid Funds including the Standard Special Assessment Policy,ximatel $100,000.00 of the project costs was Using the Special Assessment Policy approximately proposed of the proposed to a be assessed at a rate of$10.00 per front foot. Attached is a copy assessment roll from that feasibility report. public hearing on May 4, 1993 to consider the improvements. At the The City Council held a of this road due to the fact that public hearing the M.S.C. withdrew their offer to fund a portion ortation study and comprehensive plan regarding the proposed Community Center had their trans p not been completed. The M.S.C. has now completed their comprehensive planning and have budgeted the upgrading of McKenna Road in their 1994 Capital Improvement Budget. They are now proposing to pay for 100% of the construction costs if the City absorbsribal Administrator, ut all the engineering and an ng the 1M S Cve cost's s. Attached is a letter from Mr. William Rudnicki, position in this regard. Mr. Rudnicki is suggesting that if the City accepts their offer, there would be no need to hold a public hearing as there would be no assessments. On October 19, 1993 the City Council tabled this request and directed staff to amend the Special Assessment Policy on rural, undeveloped roadsln order to provide a fair tasequal they cost yet recognizing that with the large, rural tracts of land, he increased benefit may not of the improvements. Staff believes that the new Special Assessment Policy, which was adopted by the City Council in May, 1992 adequately addresses this situation. Section X, Subpart A - 4-b (Page 13) states: "Only those items added to rural gravel road by upgrading(i.e. pavement, curb and gutter, etc.) will be assessed 100%, but not the costs to rerlace tohe existing gravel est establish additional aas essment . The City Council may elect to revise the assessable areas credits due to the large landowners abutting rural gravel roads or for rural collector roads that have little or no direct driveway accesses to Staff applied the first sentence of this policy oneto she proposed property owner's assessment propertyents to ain excessowners along McKenna Road. Even with this policy, p p $40,000.00. The second sentence in this policy, allows thCity Council some flexibility in revising the assessable areas to provide equitable assess The Special Assessment Policy also has a provisions to preparing benefit appraisals prior to ordering a project. Section VI, Subpart 11 (Page 8) "In the event that City staff has doubt as °nest onwhether increased pproperty value as defined t the proposed assessments exceed the special benefits to the property i q by State law), the City Council may order benefit appraisals as deemed necessary to support the proposed assessments. As a general rule, tandabenefit rd Shakopee rsals lesidential lot l be ordered when the proposed assessment exceeds $5,000.00 fora When there are extenuating or$20,000.00 per acre for commercial or industrial property. circumstances, additional benefit appraisals also may be ordered." l Basically, staff feels that the only true way to determine theamount of and t benelen setpgethe propo, rural sed parcels is to complete a benefit appraisal prior to the improvements assessments at or below the estimated increase in value. 2 The City Council also directed staff to determine how many roads in Shakopee would have similar circumstances (i.e. rural, gravel roads with large abutting landowners and very few direct driveways). Attachment No. 4 is a listing of all ad segme ents lar circumstances. As shown on this attachment, there are onlyfou roadthat havtesame situation with any In addition, three of these roads are on substantial traffic volumes (excludes Mielke Cartway). the State Aid System and therefore have another n�thfunding road (lvluhlenhardt Road)stoethe nts and some consideration should be given to adding fourth State Aid System. These rural gravel roads act more as collector streets rather than local streets. at the Based on the small number of roads that this situationwhenlcont�dering assestaff feels ssments on ruralg, policy provides adequate flexibility to the City Council gravel roads. ALTERNATIVES: 1. Accept the offer and fund this project without any special assessments. 2. Reject the offer. 3. Accept the offer, but apply the Special Assessment Policy by directing staff to obtain benefit appraisals on the abutting properties. 4. Counteroffer requesting that the M.S.C. pay all of the costs, including the engineering/administrative costs. RECOMMENDATION: Staff recommends either Alternative No. 1 or Alternative No. 3. Staff recommends adopting the M.S.C. offer and would propose to design this project in-house, which would keep the project costs low. id This street is on the Municipal State Aid System. Therefore, itwillthe reM.S.C. e ofefAid Funds for 100% of the total project costs. Based on the estimated costs, contribute an additional $190,000.00 above and beyond what the City will receive in Sate Aid Funds, which the City Council has historically used for other non-assessed Capital Improvement Projects. But of the four roads listed on Attachment No. 4, McKenna Road is the only one that will probably receive this additional source of funding (i.e. M.S.C.ital Improvement Project Funds. would need to be funded by assessments, State Aid Funds orCap Therefore, if the City Council wishes to be consistent on all four roads, some type of assessments should be levied for improving rural, gravel roads. 3 o show the Staff would recommend obtaining a benefit appraisal priororo ordering by ishe project tttog Special true market value benefit of the abutting properties, as Assessment Policy. Upon completion of the appraisals, the proposed assessments would be modified and a public hearing ordered to consider the project. Staff would proposed to utilize this policy for all rural, gravel roads. Most of these properties are in "green acres" so any assessments would be deferred until the properties are removed from green acres. ACTION REQUESTED: Move to direct staff to obtain benefit appraisals for properties abuuttiinghMacnk�b imoadvinr purposes of determining the amount of assessments each property McKenna Road. DEH/pmp MCKENNA 4 RESOLUTION NO. 3882 A Resolution Ordering An Improvement And cations For The Preparation Of Plans veenvnd County Road 16 McKenna Road, And The South Corporate Limits Project No. 1994-2 WHEREAS, the City Council desires to upgrade McKenna Road by adding pavement; and WHEREAS, the Mdewakanton Sioux Community has proposed to pay for 100% of the construction costs for this project; and WHEREAS, the City Council has determined that no Special Assessments will be used for used this project. BEFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY NOW,T� OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Upgrading McKenna Road, between County Road 16 andSouth the hecessry Corporate Limits by pavement, gravel shoulders and any drainage improvements. David E. Hutton, Public Works Director is hereby designated as the engineer improvement. 2' plans and specifications for them g this improvement,and shall prepare P Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney ATTACHMENT NO . 1 SHAKO PEE MDEWAKANTON SIOUX COMMUNITY 2330 Sioux Trail NW., Prior Lake, Minnesota 55372 Tribal Office (612) 445.8900 FAX: (612) 445.8906 OFFICERS ) _ �U TOA,/ ys/ STANLEY R. CROOKS U Chairperson � • KENNETH ANDERSON Vice Chairperson jiy F DARLENE MATTA \ Secretary/Treasurer September 28 , 1993 City of Shakopee c/o Dave Hutton 129 S. Holmes St . Shakopee, MN 55379 Subject : McKenna Road Upgrade Shakopee, MN. Dear Dave: The General Council of the Shakopee Mdeto anconrojtSioux andBudgetnfor recad was of ently approved the Capital Imp Fiscal Year 1994 of which the pavement n McKennaphone o ersat on of these projects . As mentioned with Construction of September 28, 1993 , we would like to proceed theroject during construction year 1994 . The Community will fund p the City' s part, we would expect that the cost of construction, on ins ection, contract administration, the engineering, surveying, P bidding, right of way acquisition, and any environmental and lega l requirements be completed throughe re e g ton' s this project aff . My goal is to eliminate the need for a public Questions concerning this project, please contact me at 496-6145 . Sincerely, (t)./11. ,La William M. Rudnicki Tribal Administrator WMR/jbm cc : Tribal Business Council Dennis Kraft I ATTACHMENT NO . 2 I ill r s. '' Lo A TIoN v. A_p_.t t t DEAN t t t - LAKE IMONTECITO am DR. ` 27-915005-0 111111 983FT 15 C.s.AH. 665FT 27-915001-1 27-915001'y.` ` ----'''—q'► 3S9t7FT A 1986FT O cc 27-915003-0 z I v 621 I27-922004-0 WI 1325FT I 27-922003-0 oTM�n,s — — 36orT END EXISTING an, A 1 LN I SHAKOPEE MDWEDAKTON SOUIX COMMUNITY ' 1320FT 1320Fi t I I 2 2 _ an�,.,J _ --- VATTACHMENT NO . I ESTIMATED MCKENNA ROAD ASSESSMENT ROLL V LEGAL FRONT ii PID # OWNER DESCRIPTION FOOT ASSESSMENT -1 Idella Shutrop 15 115 22 123.10 4255.00 $42,641 .53 27-915001 111 5765 Eagle Creek Blvd. N 1/2 NE 1/4 SW 1/4 1/2 SE 1!4 & Lot Shakopee, MN 55379 #3 S of CR #16 1986.00 $19,902.72 111 -915003-(Metropolitan Waste Control 15 115 22 60 230 E. 5th Street 7 S 3/4 of E 1/2 SW I 1/4 St. Paul, MN 55101 . 27-915005-Metropolitan Waste Control 15 115 22 93.57983.00 $9,851 .15 Govt Lot 4 Lying 230 E. 5th Street 111 St. Paul, MN 55101 S of Rd 37.48A, P/O Govt Lot 5 Lying S of Rd 16.09 A, SW III 1/4 NW 1/4 40A • 1325.00 $13,278.50 27-922003-O.Shakopee Mdewakanton Sioux W 1/2 of NE 1/4 Ex N 115 22 (Community 2330 Sioux Trail N.W• 18 1/2' for Road (Prior Lake, MN 55372 .01 980.00 $9,821 .08 I 27-922004-0 Metropolitan Waste Control NE11/4 NW2 115 22 31614 Ex 230 E. 5th Street .99 A 13 St. Paul, MN 55101 32 115 22 3.99 349.75 $3,505.02 27-922005-O William & Edna Whipps 2III p/O NE 1/4, NW 1/4 2292 McKenna Road Corn 621 .16 S of NE Shakopee, MN 55379 Cor, S 349.75, NW II 501 .2, NW 326, NE (526.17 to Beg 9878.75 $99,000.00 COST PER FRONT FOOT = $10.02 I t 3 1 ATTACHMENT NO. 4 RURAL, GRAVEL ROADS (See Attachment No. 5 - Map) * 1. Valley View Road - from Marschall Road to C.R. 83 * 2. Pike Lake Road - from C.S.A.H. 16 to South Corporate Limits * 3. McKenna Road - from C.S.A.H. 16 to South Corporate Limits 4. Muhlenhardt Road - C.S.A.H. 16 to C.R. 18 5. Mielke Cartway - driveway serving one landlocked parcel * Designated on the Municipal State Aid System. 1.0 0 z I- = w M U Q - I-- si)4. 6 2 oaf .14 • and.a ,/JØ I ` �. . . iir 1.1.1 QQ ¢ t Nrn_ .'41 , % , v) 4 �I ,4.-„, „1, , 1, , ,3 1 i 4111 110, L I allitt :Ai Yp1Ir AI_ .1 / , , , As •,.„,, , , .,,. ...... / , /. A --t. , L,r) 1=1 • ��s , t / --.111111-1:47 'yr. / -......-- i ,./...1 i '01_.117 It 7 g w Vitt!,..,1. .rj_ , A -'17'1 0 g(41. • 5 ,q• , M 1 ,r 1.1 S �'14� Y a !/ � d V.9.1kAk -6:11:4-i .,-- 1 111 ,�1 iff .- V 'vl i lm y1,-Mu I` 111-- W” 11— i' dv t1�111�1,,,',�1+. r. \•'111 O 11.1.,111-t\U1 7fJ� .. a. kP r 1. ,11111. seo `; ,i ®`uii ' 3Y. s b li.gar b MEMO TO: Shakopee City Council FROM: Dennis R. Kraft, City Administrator RE: Vacation Carry Over Request DATE: November 10 , 1993 INTRODUCTION: Barry Stock, Assistant City Administrator has requested permission to carry over one additional week of vacation into calendar year 1994 . BACKGROUND: Attached is a correspondence from the Assistant City Administrator requesting permission to carry over one week of additional vacation into calendar year 1994 . The City Personnel Policy authorizes the approval of vacation carry over for unusual circumstances upon the approval of the City Council . Typically, City employees are allowed to carry over the amount of vacation that they accumulate in a given year. (In Mr. Stock' s case 160 hours. ) Mr. Stock is requesting to carry over an additional 40 hours above the standard carry over amount . I would like to recommend the approval of the vacation carry over request providing that said vacation is used on or before March 31, 1994 . ALTERNATIVES: 1 . Move to approve the vacation carry over request submitted by Mr. Stock providing that said vacation is used on or before March 31, 1994 . 2 . Do not approve the vacation carry over request . 3 . Table further action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to approve the vacation carry over request submitted by Mr. Stock providing that said vacation is used on or before March 31, 1994 . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Vacation Carry Over Request DATE: November 4 , 1993 This past year has been a very busy one for the City of Shakopee . The referendum earlier this year and the busy summer construction season and City workload has made it difficult for me to utilize the vacation time that I have accumulated in 1993 . I would like to request permission to carry over 40 hours of accumulated vacation in excess of the standard amount . In 1994 I intend to take a two week vacation beginning the last week of January. I believe that I will not encounter problems using the carry over amount and subsequent vacation time accumulated in 1994 . The City personnel policy specifically authorizes the City Administrator to approve vacation carry over for unusual circumstances upon the approval of the City Council . I would appreciate a timely response to my request in the event of disapproval so that I can make other arrangements for the remainder of this year. CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Plehal Blacktopping Bill DATE: November 10, 1993 INTRODUCTION: City Council action is needed to approve of a bill to Plehal Blacktopping in excess of$5,000.00. BACKGROUND: This past summer a substantial segment of the pavement on 29th Avenue located in Weinandt Acres failed. The Public Works Department normally patches all potholes and pavement failures on City streets entirely with City crews but in this case the patch was the entire width of roadway. The only way to obtain an acceptable street patch was to use an asphalt paver, which the City currently does not own. The pavement failure was so great that the street was actually closed for several months. City crews prepared the site, removed the old pavement, corrected the drainage problem, graded the area to the proper grade and placed all Class V gravel. Staff then obtained several quotes from local paving contractors or contractors working in Shakopee and hired Plehal Blacktopping to do the work for a total cost of $9,890.00. The Finance Director has indicated that since this expense exceeds $5,000.00, City Council approval is required. Funds for this item will come from the Public Works Department street maintenance budget. There are adequate funds to cover this expense. ACTION REQUESTED: Move to authorize payment in the amount of$9,890.00,to Plehal Blacktopping for asphalt paving on 29th Avenue, as part of the street maintenance program. DEH/pmp PAVE CONSE1SJ1 1141 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 1993 Street Reconstruction Project DATE: November 10, 1993 INTRODUCTION AND BACKGROUND: Due to the marginal soils and difficulty in drying the soils out for street construction, the contractor for the above referenced project is requesting that the two remaining blocks under construction(Spencer Street and Fillmore Street)be postponed until next year for any bituminous paving. The contractor is proposing to install the Class V gravel base completely to finished grade and open the streets to traffic all winter. By doing this, the streets will have proper drainage and possibly "cure out" over the winter, enabling the paving to be finished next year. The streets will be open and there will not be any elevation difference at the point where the gravel surface meets the paved surfaces, to avoid any severe jolts on traffic. The reasons cited by the contractor for this request is due to the marginal soils in this area, the wet construction year and the lateness of the season which is not conducive to drying material. The alternative would be to keep trying to dry the material, but if any measurable snow occurs before the subgrade is acceptable, the street would be unfinished and left as they are all winter and would essentially be closed to traffic. Next spring the Class V gravel can be inspected and roll tested to determine if the subgrade is entirely cured out. If there are any failures in the gravel, they would be easier and better to fix as a gravel street rather than tear up pavement. The contractor is requesting that the City grant an extension of the paving of these 2 blocks until next year without levying any liquidated damages. RECOMMENDATION: Staff recommends approval of this request. Obviously, it is extremely late in the year to be still working on street construction and staff feels it is vital to get these streets open by winter. There are very few direct driveways on these streets, so most property owners have access to adjacent paved streets, thereby minimizing any inconvenience to abutting property owners. The streets would be open to traffic all winter. ACTION REQUESTED: Move to direct staff to grant S.M. Hentges & Sons, Inc. an extension to the completion date for paving Spencer Street, between 2nd Avenue and 3rd Avenue and Fillmore Street, between 3rd Avenue 4th Avenue, until June 1, 1994. CONSENT Attached is a print out showing the division budget status as of 11/10/93 for 1993 based on data entered as of that date. There appears to be a few divisions running close to their budget. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -13 0 11 MAYOR 8 COUNCIL 69,140 261 48,102 70 12 CITY ADMINISTRATOR 198,110 13,489 159,937 81 13 CITY CLERK 114,510 5,401 95,784 84 15 FINANCE 272,620 6,411 209,944 77 16 LEGAL COUNSEL 158,120 7,248 125,058 79 17 PLANNING 376,940 7,711 253,560 67 18 GENERAL GOVERNMENT BUILDINGS 119,426 3,096 95,123 80 31 POLICE 1,413,630 51,113 1,154,048 82 32 FIRE 255,820 1,475 201,611 79 33 INSPECTION-BLDG-PLMBG-HTG 165,804 5,676 125,328 76 41 ENGINEERING 342,720 10,171 232,948 68 42 STREET MAINTENANCE 688,710 20,714 479,805 70 44 SHOP 149,420 28,185 108,109 72 46 PARK MAINTENANCE 318,770 9,001 258,311 81 48 REFUSE COLLECTION 521,389 41,010 419,722 81 61 POOL 150,300 2,258 138,104 92 64 RECREATION 214,011 6,010 162,716 76 91 UNALLOCATED 1,153,645 269 501,630 43 TOTAL GENERAL FUND 6,683,085 219,499 4,769,827 71 17 PLANNING 360,860 835 252,728 70 TOTAL TRANSIT 360,860 835 252,728 70 12 CITY ADMINISTRATOR 64,870 1,117 43,065 66 TOTAL HRA 64,870 1,117 43,065 66 =======__ == = :Ss 00 N/A 339,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 339,400 0 0 0 = a4 a+ a. 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N C/> 0% N M H .--1 .-1 C") N d> V> .-1 C/> V> . in CT C/> C/> 0> p> C? o. CV Ch H N C/> O .-4 O> 0 H H H F, Z A a Z Z Z o4 w ti dZ ¢ w LnLn H w > > > Z 3 G 0 a ' H H El w a a �. >' 43 H Z H . H H H " a H )t-e/4 w Z H H H M H Z rx ..a w w W .4 z rn rn a Z 0 7 + H 0 > E-1 LA U) 0 H x 0 G=. A .-1 r-1 H COCCl) 06.. p w H O ''a - to .--1 .7 In C) 'D t` 0 0 0 0 0 0 w 0 .--4 .-1 CV CV CV C') M C•) .--1 C) .-4 C'1 4' in x O .-I .-1 .7 - - - - . .t n h CO CO CO CO U a H * * ik # It 4t It It It It it It It It It 0 Z A A A A A A A 0 A A A A A A A Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 A O A O O D A O D A A D D A A 0 W Gj., L=. 4. CL CL 4. [i CL 4. k. k. W W CL ►I k TO: Dennis R. Kraft FROM: Tom Steininger, Chief of Police SUBJECT: Street Closing DATE: 11-10-93 INTRODUCTION; Shakopee Area Religious Education has requested permission to close Third Avenue between Scott and Atwood Streets from 3 : 25 - 7 : 25 p.m. on Wednesday afternoons from now through April. BACKGROUND: Apparently S.A.R.E. has been closing this section of street since September to protect pedestrian students being dropped off and picked up at religious education sessions. They requested permission to do this yesterday after a neighbor asked them if they had obtained authorization. I approved closing of the street during the times requested on Wednesday, 11-10-93 and advised S.A.R.E. that although Council has directed me to deal with street closings on an ad hoc basis, the duration of this request poses a question of policy making which probably falls outside my authority. S.A.R.E. has been advised that their request is being forwarded to Council and their spokesperson indicated that they would probably have someone at the November 16th meeting. A copy of S.A.R.E. ' s request is attached. ALTERNATIVES; 1. Authorize closing the street as requested. 2 . Authorize closing the street for brief periods of time when children are actually being dropped off and picked up. 3 . Do not authorize closing the street. RECOMMENDATION: Alternative #1. ACTION REQUESTED; Authorize S.A.R.E. to close Third Avenue between Scott and Atwood Streets from 3 : 25 - 7 : 25 p.m. on Wednesdays until April 1994 utilizing signs and/or barricades which are illuminated and/or reflectorized consistent with the City Engineer' s recommendations regarding public safety. SHAKOPEE AREA RELIGIOUS EDUCATION 305 SOUTH SCOTT STREET SHAKOPEE, MINNESOTA 55379 ( 612 ) 445-3488 November 10 , 1993 REQUEST TO : Tom Steininger Shakopee Chief of Police FROM: Liz Cole - Jackie Franek ' C`'0era-0-t d 0_2T-k- WHO : SARE requests using WHAT : "Street Closed" signs on WHERE: Third Ave . - between Scott and Atwood WHEN : Wednesdays of September - April (Schools in Session) between 3 : 25pm-7 : 25pm WHY : Safety of 375 children (Grades 1-6) coming to St . Mark ' s School during 3 sessions of religious education. Children arrive immediately after school (about 3 : 25pm) for : Session 1 . . . 3 : 45-4 : 45pm Session 2 . . . 5 : 00-6 : OOpm Session 3 . . . 6 : 15-7 : 15pm "Street Closed" signs are needed to protect students when being dropped off and picked up by parents . There are approximately 125 children leaving the building with approximately another 125 children entering the building at each session; two different doors are being used, both on Third Ave . Without "Street Closed" signs , parents double park, children dart between cars ; in the darkness , this is very frightening . We do have Patrols stationed on 3rd and Atwood Street for their safety . We have asked parents to use the designated St . Mark' s Parking Lot to wait for their children . For the safety of our children we feel this request is extremely important . If you have any questions or would like to observe this activity , please call Liz Cole or Jackie Franek at 445-3488 . Thank you for your immediate attention to this matter . IS3M . . .. L SCOTT STREET I ' -n N m m c-> z cn2 --4 -o -0 0 —I p m > r m A O 7J 7J D I- -< > 1--4 C) Z7 D G) O z c m Ci z z 1-1 -i m 0 C) ._....r- > CD z C = T7 D CC) .� -4 70-i r c = C) -I o m 2 Z C 171 .<m m 70 m m m x 1 -4 I ( C) 2 C C) 2 1 - C>• Z7 D O -I (/) 77 cn ATWOOD STREET o z up PARKING 1Sd3 CONSENT 1, MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Probation Termination DATE: November 8, 1993 INTRODUCTION: Jim Grampre, Building Insp. /Code Enforcement Officer has successfully completed the required six month probationary period for new employees. BACKGROUND: Jim Grampre was hired on May 24 , 1993 subject to a six month probationary period. Jim is performing satisfactorily and I recommend that the probationary status be terminated on November 24, 1993 . ALTERNATIVES: 1 . Terminate probation. 2 . Continue probation. 3 . Terminate employment . RECOMMENDATION: Alternative No. 1 . ACTION REQUESTED: Move to terminate the probationary status of Jim Grampre effective November 24, 1993 . CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of Premises Permit for American Legion DATE: November 8, 1993 INTRODUCTION: The Shakopee American Legion is applying for renewal of their premises permits beginning April 1st . Prior to the Minnesota Gambling Control Board renewing their permits, they must receive a resolution from the local governing body approving the permits . The American Legion is selling pull tabs at two sites and holding bingo games at one site. The American Legion is in compliance with current City Code requirements relating to charitable gambling. RECOMMENDATION: Approve renewal of the premises permits . RECOMMENDED ACTION: Offer Resolution No. 3898, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Shakopee American Legion, and move its adoption. JSC/tiv RESOLUTION NO. 3898 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMITS FOR THE SHAKOPEE AMERICAN LEGION POST #2 WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Shakopee American Legion is seeking a renewal of their Premises Permits beginning April 1, 1994 for their two sites in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permits for the Shakopee American Legion Post #2 sites are hereby approved: American Legion, 1266 East 1st Avenue, and Rock Spring Restaurant, Inc . , 1561 East 1st Avenue . Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this day of 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney i'\ EN Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Certification of Weed Cutting Costs Date: November 9, 1993 Information MSA 18 . 271 allows that costs incurred for removal of weeds be certified for collection with property taxes. Background Attached is Resolution No. 3899 certifying the cost of weed cutting to the 1994 Real Estate Taxes. Billing invoices and past due notices have been sent to the property owners and there has been no response. Action Requested Move to adopt Resolution No. 3899, A Resolution Certifying the Cost of Weed Cutting for Collection on the Tax Rolls Payable 1994 . RESOLUTION NO. 3899 A RESOLUTION CERTIFYING THE COST OF WEED CUTTING FOR COLLECTION ON THE TAX ROLLS PAYABLE 1994 WHEREAS, the Noxious Weed Act requires the occupant or owner of land to destroy noxious weeds; and WHEREAS, MSA 18.271, subd. 3 provides for the eradication of any noxious weeds by local authorities when owners fail to cut down or destroy any noxious weeds in compliance with served notices; and WHEREAS, MSA 18. 271, subd. 4 allows that the costs incurred for the removal of weeds which are not paid to the city within 30 days or before the following October 1, whichever is later, shall become a lien in favor of the city and a penalty of eight percent will be added to the amount due and certified to the county auditor for collection as a tax upon such land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following cost for the parcels listed is hereby certified to the Scott County Auditor for collection with the 1994 property taxes. 27-001521-0 $38. 88 27-001548-0 37 .80 27-133043-0 116. 64 27-136025-0 37.80 Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 16th day of November, 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CONSENT Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Certification of Delinquent Storm Drainage Utility Bills Date: November 9 , 1993 Information Pursuant to Ordinance No. 176, past due storm drainage utility bills in excess of ninety days past due of October 1st of any year, may be certified to the County Auditor for collection with real estate taxes. Background Attached are lists of delinquent storm drainage utility accounts and Resolution No. 3900 certifying such to the 1994 Real Estate Taxes. Notices have been sent to these property owners advising them of this action. Action Requested Move to adopt Resolution No. 3900, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1994 . GV:mmr RESOLUTION NO. 3900 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1994 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS, some utility bills are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills as listed on the attached listing are hereby certified to the Scott County Auditor for collection with the 1994 property taxes. Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 16th day of November, 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of November 1993 . City Attorney SPECIAL ASSESSMENT ROLLS PID MUNIC CD LEVY AMT 270010700 27 73 $46.76 270011420 27 73 $46.76 270011501 27 73 $42.09 270011850 27 73 $32.54 270011881 27 73 $13.32 270011940 27 73 $14.45 270012390 27 73 $22.24 270012690 27 73 $11.96 270012900 27 73 $14.45 270013300 27 73 $46.76 270013690 27 73 $22.81 270014090 27 73 $46.76 270014470 27 73 $14.45 270015060 27 73 $14.45 270015360 27 73 $46.76 270015480 27 73 $10.85 270015700 27 73 $46.76 270016270 27 73 $46.76 270016310 27 73 $10.85 270016340 27 73 $46.76 270016420 27 73 $22.81 270016520 27 73 $22.24 270016630 27 73 $10.85 270017670 27 73 $46.76 270020260 27 73 $46.76 270040210 27 73 $14.45 270040230 27 73 $14.45 270040340 27 73 $14.45 270040470 27 73 $14.45 270040472 27 73 $14.45 270040850 27 73 $14.45 270041130 27 73 $29.99 270041150 27 73 $19.07 270041690 27 73 $14.45 270041710 27 73 $14.45 270050100 27 73 $14.45 270060070 27 73 $14.45 270060110 27 73 $14.45 270060170 27 73 $265.29 270060190 27 73 $149.43 270080250 27 73 $14.45 270080460 27 73 $14.45 270080540 27 73 $14.45 270120010 27 73 $46.76 270150120 27 73 $7.66 270170160 27 73 $14.45 270170260 27 73 $14.45 270170790 27 73 $14.45 270240400 27 73 $14.45 270240590 27 73 $14.45 270340200 27 73 $14.45 270340470 27 73 $14.45 270360430 27 73 $14.45 270360470 27 73 $14.45 270360780 27 73 $14.45 270400100 27 73 $14.45 SPECIAL ASSESSMENT ROLLS PID MUNIC CD LEVY AMT 270400480 27 73 $14.45 270410850 27 73 $14.45 270430020 27 73 $14.45 270470010 27 73 $14.45 270500010 27 73 $14.45 270510200 27 73 $14.45 270510210 27 73 $14.45 270520070 27 73 $14.45 270560010 27 73 $14.45 270560060 27 73 $14.45 270560140 27 73 $14.45 270610160 27 73 $14.45 270620170 27 73 $14.45 270620310 27 73 $14.45 270630230 27 73 $14.45 270630250 27 73 $15.17 270650280 27 73 $14.45 270670010 27 73 $1144.26 270670020 27 73 $23.35 270750010 27 73 $184.47 270810050 27 73 $415.05 270820120 27 73 $14.45 270830290 27 73 $14.45 270840240 27 73 $15.17 270840260 27 73 $14.45 270870040 27 73 $58.87 270920050 27 73 $14.45 270920051 27 73 $14.45 270920070 27 73 $15.17 270920081 27 73 $14.45 270920130 27 73 $14.45 270920170 27 73 $14.45 270920210 27 73 $14.45 270920270 27 73 $14.45 271110020 27 73 $227.09 271260010 27 73 $1045.67 271280012 27 73 $15.17 271280040 27 73 $14.45 271290180 27 73 $14.45 271310160 27 73 $14.45 271330240 27 73 $14.45 271330430 27 73 $14.45 271330490 27 73 $14.45 271380340 27 73 $14.45 271450090 27 73 $15.17 271460121 27 73 $14.45 271580270 27 73 $15.17 271580320 27 73 $14.45 271610010 27 73 $14.45 271620030 27 73 $14.45 279010120 27 73 $14.45 279030070 27 73 $723.92 279050260 27 73 $282.39 279050280 27 73 $414.57 279060410 27 73 $14.45 279060610 27 73 $12.52 SPECIAL ASSESSMENT ROLLS PID MUNIC CD LEVY AMT 279061420 27 73 $14.45 279061480 27 73 $36.98 279070390 27 73 $46.76 279080060 27 73 $1201.46 279120140 27 73 $467.05 279120240 27 73 $265.19 279130300 27 73 $14.45 279130310 27 73 $14.45 279130350 27 73 $14.45 279130380 27 73 $14.45 279130640 27 73 $14.45 279140012 27 73 $583.80 279140070 27 73 $14.45 279140122 27 73 $14.45 279150230 27 73 $14.45 279160090 27 73 $14.45 279180100 27 73 $14.45 279190160 27 73 $14.45 279200120 27 73 $14.45 279290071 27 73 $14.45 279290091 27 73 $14.45 TOTAL CERTIFIED AMOUNT $9632.13 END OF XEQ FILE CONSENT 5d MEMO TO: Dennis Kraft, City Administrator FROM: Jeff Swenson, Engineering Tech. II SUBJECT: 1993 Sidewalk Replacement Program Project No. 1993-11 DATE: November 8, 1993 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 1993 Sidewalk Replacement Program, Project No. 1993-11 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents . ACTION REQUESTED: Offer Resolution No. 3897, A Resolution Accepting Work on the 1993 Sidewalk Replacement Program, Project No. 1993-11 and move its adoption. JS/pmp MEM3897 CERTIFICATE OF COMPLETION CONTRACT NO . : 1993- 11 DATE : November 10 , 1993 PROJECT DESCRIPTION : 1993 Sidewalk Re? lacement Prccram CONTRACTOR : West Star Curb & Concrete , Inc . Box 201 Watkins , MN 55389 ORIGINAL CONTRACT AMOUNT $ 22 , 790 . 00 QUANTITY CHANGE AMOUNT $ 1 , 161 . 47 CHANGE ORDER NO . THRU NO . AMOUNT , . , $ -0- FINAL CONTRACT AMOUNT $ 23 , 951 . 47 LESS PREVIOUS PAYMENTS $ 23 , 951 . 47 FINAL PAYMENT $ -0- I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer RESOLUTION NO. 3897 A Resolution Accepting Work On The 1993 Sidewalk Replacement Program Project No. 1993-11 WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 16, 1993 , West Star Curb & Concrete, Inc . , Box 201, Watkins, MN 55389 has satisfactorily completed the sidewalk replacement in various sections of Shakopee, in accordance with such contract . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT bQ) MEMO TO: Dennis Kraft, City Administrator FROM: Jeff Swenson, Engineering Tech. II SUBJECT: 1992 Sidewalk Replacement Program Project No. 1992-7 DATE: November 8, 1993 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 1992 Sidewalk Replacement Program, Project No. 1992-7 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents . ACTION REQUESTED: Offer Resolution No. 3896, A Resolution Accepting Work on the 1992 Sidewalk Replacement Program, Project No. 1992-7 and move its adoption. JS/pmp MEM3896 RESOLUTION NO. 3896 A Resolution Accepting Work On The 1992 Sidewalk Replacement Program Project No. 1992-7 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 7, 1992, West Star Curb & Concrete, Inc. , Box 201, Watkins, MN 55389 has satisfactorily completed the sidewalk replacement in various sections of Shakopee, in accordance with such contract . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO . : 1992-7 DATE : November 10 , 1993 PROJECT DESCRIPTION : 1992 Sidewalk Replacement Program CONTRACTOR : West Star Curb & Concrete , Inc . Box 201 Watkins , MN 55389 ORIGINAL CONTRACT AMOUNT $ 36 , 185 . 74 QUANTITY CHANGE AMOUNT $ 8 , 360 . 18 CHANGE ORDER NO , THRU NO . AMOUNT , $ , $ -0- FINAL CONTRACT AMOUNT $ 44 , 545 . 92 LESS PREVIOUS PAYMENTS $ 44 , 545 . 92 FINAL PAYMENT I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my beliefand knowledge, I find that the same has been fully completed in e respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor , Professional Engineer 15 F 1TO1\1SENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments Parcel No. 27-001535-0 DATE: November 10, 1993 INTRODUCTION AND BACKGROUND: The City has been advised of the split of a parcel of land recently assessed for the 1992-6 Apgar, 2nd Avenue, Pierce Street Improvement Project. In order to have this assessment certified to the county against proper parcels by November 30th and to appear on the 1994 tax statements, approval of the apportionment at this time is important. Both property owners are being notified of the proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 3904, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Subdivision Of Land, Parcel No. 27-001535-0, and move its adoption. RESOLUTION NO. 3904 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF LAND PARCEL NO. 27-001535-0 WHEREAS, on November 3 , 1993, Resolution No. 3879 adopted by the City Council levied assessments against properties benefitted by construction of Apgar Street from 6th to 1st, 2nd Avenue from Atwood to Pierce, and Pierce Street from 2nd to 3rd, Project No. 1992-6; and WHEREAS, a tract of land benefitted by the said improvements, known as parcel number 27-001535-0, has been subdivided so as to create two parcels; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said tract between the two newly created parcels; and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1 . That the 1993 payable remaining balance of assessments to parcel 27-001535-0 is $1, 889 . 97 for the 1992-6 Apgar, 2nd Avenue, Pierce Street Improvement Project and is hereby apportioned as follows: PROPERTY LEGAL P. I .D.NO. OWNER DESCRIPTION 1992-6 ( ) 27-001535-0 Lucille A. Olson Wl/2 of L9 & $1,417.48 436 5th Ave. W. all of L10, Block 70 27-001535-1 Scott & Sandra Fahning E1/2 of L9, $ 472 .49 422 5th Ave. W. Block 70 2 . That all other parts of Resolution No. 3879 shall continue in effect . Resolution No. 3904 Page -2- Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of November, 1993 . , Mayor , City Clerk Approved as to form , City Attorney CO - 0 13 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Foothill Trail Storm Drainage Improvements Project No. 1993-2 DATE: November 10, 1993 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Foothill Trail Storm Drainage Improvements, Project No. 1993-2 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents . ACTION REQUESTED: Offer Resolution No. 3905, A Resolution Accepting Work on the Foothill Trail Storm Drainage Improvements, Project No. 1993-2 and move its adoption. DN/pmp MEM3905 RESOLUTION NO. 3905 A Resolution Accepting Work On The Foothill Trail Storm Drainage Improvements Project No. 1993-2 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 13, 1993, Wickenhauser Excavating, Inc.. 350 Villa Drive, Cologne, MN 55322 has satisfactorily completed the Foothill Trail storm drainage improvements, in accordance with such contract. BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $1,000.50, taking the contractor's receipt in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO . : 1993-2 DATE : November 10 , 1993 PROJECT DESCRIPTION : Foothill Trail Storm Drainage Improvements CONTRACTOR : Wickenhauser Excavating , Inc . 350 Villa Drive Cologne , MN 55322 ORIGINAL CONTRACT AMOUNT $ 19 , 775 . 00 QUANTITY CHANGE AMOUNT $ 235 . 00 CHANGE ORDER NO . THRU NO . AMOUNT , , , $ -0- FINAL CONTRACT AMOUNT $ 20 , 010 . 00 LESS PREVIOUS PAYMENTS $ 19 . 009 . 50 FINAL PAYMENT $ 1 , 000 . 50 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor, 4111iN= Professional Engineer TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director RE: Tax Levy Hearing DATE: November 15, 1993 The Truth In Taxation public hearing on the budget and tax levy is set for December 8, 1993 with the continuation hearing set for December 15, 1993 if needed. November 16 and 18 are the last meetings before the hearing at which Council can discuss the type of presentation they wish to have at the hearing and still allow staff time to prepare. 1. Does Council want to conduct the hearing similar to last year, or 2. Does Council want staff to make the presentation similar to years prior to last year? Is there anything Council wants to do differently for which staff should be prepared? Please keep in mind that employee staffing and wages and the use of independent contractors must be discussed this year. Staff is preparing information on these items. SENT BY: XERCX TeIecoaier 7017 ; 11-16-93 ; 1 :35PM ; 2122671466- 06660;« 2 AV Moody s Munil Daily Rating Recap Shakopee, Minnesota Rating date; November 16, 1993 Moody's rating:A $1,400,000 General Obligation Improvement Bonds, Series 1993B $1,000,000 General Obligation Tax Increment Refunding Bonds, Series 1993C Sgle: $2,400,000 to continue growing as transportation improvements Date of Sale: November 18 spur additional development. Unemployment rates Type: Competitive remain below the national average. Security; General obligation, unlimited tax; special •Financial operations are satisfactory, as sizable bal- assessment and tax increment revenue also pledged. ances are maintained in the city's operating funds. Use of Proceeds: Series 1993E will finance three Property taxes, special assessments and tax incre- improvement projects within the city. meats represent the largest portion of operating reve- Last Rating change: August 1974: Baal to A Hues, and tax collections have been satisfactory. Credit Comment; The city's general obligation bond Fiscal 1992 results reveal satisfactory operations with rating has been reviewed in conjunction with the pending a year-end General Fund balance equal to one-third of sale of$2.4 million of improvement and tax increment General Fund revenues. bonds. Confirmation of the city's A rating derives from the following factors: •Debt levels are above the average with debt service ■Shakopee is a second tier suburb of Minneapolis-St, requirements comprising almost 30% of annual oper- atingPaul with a substantial and diverse tax base, including expenditures. However, the overall burden remains manageable as the city receives additional a large share of commercial and industrial properties support from sources other than property taxes for the comprising over 50% of the city's taxable capacity. bulk of it's outstanding obligations. City officials Additionally, the city is characterized by above aver- anticipate additional borrowing in the near-term. age resident wealth levels in an area that is expected .11111MMIMINIV Vain. analyst: Bill Dorante (212) 553-4315 The Information herein has been obtained from sources believed to be accurate and reliable,but because of the possibility of human end mxhanieal error,its accuraoy or completeness ie not guaranteed Moody's ratings ore opinions,cot reoo¢unendatioas to buy or sell,sad their accuracy is not guuaotced.A rating should be weighed solely es one factor in an investment decision, and you should melts your own study and evaluation of any Issuer whose eecuritis or debt obligations you consider buying or selling.Most leavers of corporate bonds,municipal bonds and notes,preferred stock,and commercial paper which the rated by Moody's Investors Service,Inc.have,prior to receiving the rating,a&eed to pay a fee to Moody's for the appraisal Aad rating serviced.The fee range■from$1.000 to S125,000. Copyright e 1993 by Moody's Investors Service,Lie.Publishing and executive offices at 99 Chu;oh Sweet,New York,NY 10007 taa 11-1-11