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HomeMy WebLinkAbout05/21/1996 J MEMO TO: Honorable Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Non Agenda Informational Items DATE: May 17, 1996 1. Attached is a memorandum from the Police Chief regarding the speed limit on C.S.A.H. 17 -Marschall Road. 2. Attached are the April 29, 1996 minutes of the Park and Recreation Advisory Board. 3. Attached are the May 7, 1996 minutes of the Shakopee Coalition Meeting. 4. Attached are the Revenue and Expenditure Reports for the Recreation Fund as of April 30, 1996. 5. Attached are the Revenue and Expenditure Reports as of April 30, 1996. 6. Attached are the May 9, 1996 minutes of the Planning Commission and Board of Adjustment and Appeals meetings. 7. Attached is the Monthly Progress Report from the Engineering Department. 8. Attached is a memorandum from the Public Works Director regarding a stop sign warrant study for 10th Avenue and Apgar Street. 9. Attached is a memorandum from the Community Development Director regarding information systems reorganization update 10. Attached is a memorandum from the City Attorney regarding prosecution numbers. 11. Attached is a memorandum from the Acting City Administrator regarding City Hall Office Space Reallocation. 12. Attached is a memorandum from the Chief of Police regarding COPS FAST grant award. 13. Attached is the Police Newsletter for Council review. # 1 TO: Barry Stock, Acting City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Speed Limit on C.S.A.H. 17 - Marschall Road DATE: 05 13 96 INTRODUCTION: Non-agenda information item. BACKGROUND: On 05 13 96, Superintendent of Schools, Bob Ostlund; Junior High Principal, Dr. Vicki Petzko; Scott County Engineer, Brad Larson; School District Purchasing and Transportation Director, Bob Martin; Minnesota Health Safety and Risk Coordinator, Philip Allmon, Sheriff Bill Nevin and I met to discuss traffic hazards, especially those impacting school children trying to cross Marschall Road in the area of Shakopee Junior High School. Everyone present agreed that escalated traffic levels in this area pose a safety hazard to school children crossing the road. Several possible solutions were discussed including reducing the speed zone on Marschall Road to 30 MPH, establishing a school speed zone on Marschall Road in front of Shakopee Junior High School, installing a pedestrian traffic signal in the area of the school and hiring a crossing guard. The County Engineer has agreed to study the situation further and return to the group with his findings. ACTION REQUESTED: None. OFFICIAL PROCEEDINGS OF THE PARKS AND RECREATION ADVISORY BOARD REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 29,1996 Chair Steve Johnson called the meeting to order at 7:00p.m. Advisory Board members present: Judy Salchow, Paulette Rislund, Jeff Kaley, Ann Seifert, Dean Shaner, Dolres Lebens and Steve Johnson. Staff present: Mark McQuillan and Ron Stellmaker. Seifert/Salchow moved to approve the amended agenda adding under Old Business: 4e Tree Trust Presentation and 4f Cleary Lake Golf Course Report. Motion carried. Lebens/Rislund moved to approve the March 25, 1996 Parks and Recreation Advisory Board meeting minutes. Motion carried. Janette Monear of the Minnesota Tree Trust Program gave a presentation about the Tree Trust Program. Dan Barber of the Shakopee Youth Tennis Program presented a plan for the installation of"hitting"boards at Stans and Lions parks tennis courts. Mr Barber noted the cost for the materials is less than$900.00. He stated volunteers from the Shakopee Tennis Association and Lions Club will install the boards if the City would purchase the materials. McQuillan noted he will meet will the tennis organization to see what can be done this year. McQuillan reported on his conversations with the residents of the Meadows 9th Edition and the Timber Trails neighborhood. He stated the 1996 CIP identifies new playground equipment for theTimber Trails Park . The park in the Meadows would not be developed until year 2000. McQuillan suggested adjusting the 1997 CIP to have Meadows Park devloped in 1997. Lebens/Seifert moved to direct staff to install playground equipment in Timber Trail Park in 1996 and to adjust the 1997 CIP to develop Meadows Parks in 1997. Motion carried. McQuillan reported on the Shakopee Showcase. He noted approximately 4000 people attended the Shaowcase. Changes proposed for 1997 are: A Loast and Found Booth for lost children; sell hot dogs at the food booths; hand out maps which show the location of each organization; and post large maps on each floor. Seifert voiced her disappointment with staff by not having the pool pass discount at the Showcase. She felt the PRAB should have been apprised of this decision. Stellmaker stated he made the decision. His goal is to generate more revenue and reduse our losses. He indicated there have been no complaints made to him. Stellmaker gave an update on the Community Center project. He stated the contractor is putting the final touches to the outside of the building. Landscaping and painting should be completed in about a week, weather permitting. The parking lot is scheduled to have a second overlay of asphalt in three weeks. McQuillan reported on the Arbor day event which was held April 29, 1996 at Lions Park. Approximately 45 resident attended the event. Mayor Henderson read an Arbor Day Proclamation,the Lions Club planted a large cerimonial tree and the Boy Scouts from Troop 218 planted over 200 seedlings. McQuillan gave a status reported on plans to acquire land south of the Shakopee By-Pass for a future city park/school. The City has several options at its disposal. It can negotiate with land owners now to purchase land or the City could place the land under an interim ordinance which would allow the City and School District a year to study the area for potential public uses. McQuillan stated the Lions Club is interested in adding about$65,000-$70,000 of new playground equipment in Lions Park. A committee was created to study this proposal. The Committee consist of 10 Lions Club members and the Director of Parks and Recreation. Leben/Salchow moved to approve the proposed 1997 Five Year Capital Improvement Program and recommended it to the Planning Commission for their review and adoption. Motion carried. Lebens/Seifert moved to the City Council to authorize the appropiate city officials to purchase a 184-501J Typhoon Slide by Miracle Recreation at a cost not to exceed $5,413.88 with funding to be allocated from the Park Reserve Fund. Motion carried. McQuillan brief the Board on the vandalism at the Community Youth Center. The vandalism occurred on Monday,April 22, 1996.Approximate costs to repair the damages is about$1,900. Seifert/Rislund moved to adjourn. Motion carried. The meeting adjourned at 9:25 pm. #3 Shakopee Coalition Meeting Tuesday,May 7, 1996 - Citizens State Bank of Shakopee 4:30 p.m. Meeting Minutes Those in attendance: DeDee Ordemann, Scott County Branch of the American Red Cross; Connie Weber, Scott County Human Services; Burl Zorn, City of Shakopee City Council; Bill VonBank, Shakopee Chamber of Commerce; Claude Kolb, Shakopee Knights of Columbus; Bob Greeley, Shakopee Public Schools;Amy Thompson, Scott County HRA; Amy Zabransky,Minnesota Correctional Facility-Shakopee; and Brian Norris, Citizens State Bank/Shakopee Lions Club. The meeting was called to order at 4:37 p.m. Everyone introduced themselves and the group or organization they represent. Connie Weber from Scott County Human Services handed out information on Scott Family Net and gave an update on the current status. She also handed out and spoke to the Family Net Family Councils and the recruitment process in obtaining council members. Presently,Family Net is accessible by phone at 496-1200 from 7:00 a.m.-6:00 p.m. Monday-Friday. Work continues on the technology piece of Family Net. Amy Zabransky from the Minnesota Correctional Facility-Shakopee, spoke to having their people helping with the preparation of a Xmas in May house for painting, along with the Womens softball league they play in. All of their games are played on the Correctional Facility site. Burl Zorn for the Shakopee City Council spoke on the informational meeting he attended this week on the potential of Sister of St. Joseph opening a Free Medical Clinic in Shakopee in the future. Approx. 25-30 people attended. It would be open one day a week. They are in need of volunteers,equipment, supplies, furniture,etc. Burl also spoke to Blocks 3 &4 Downtown and the potential development that may occur in the coming months and beyond. Bill VonBank from the Chamber of Commerce announced that Derby Days will be August 1-3 in Shakopee. The Taste of Shakopee is on August 1. The parade is on August 3. They need organizations for food booths on Saturday downtown, along with entries for the parade. A dance will take place downtown on Friday night. Bill handed out the most recent copy of the Chamber newsletter and showed a sample of a Shakopee T-shirt that will soon be for sale locally. Bill also spoke to the new ride at Valleyfair, "Wild Thing", and the events surrounding its grand opening next week. Claude Kolb from the Knights of Columbus spoke about the Derby Days Parade, their recent Adopt-a-Highway clean-up project, and their recent donation to the.CAP.Agency Food Shelf. (over) Bob Greeley from Shakopee Public Schools gave the Shakopee Public Library report that was given to him earlier by Librarian Barb Hegfors. Barb conducted an adult community education class on April 29 and had five people attend. The class went over with class participants on how to look for materials themselves in the library. The Scott-Carver Master Gardeners will present material on Herbs on May 8th at 6:30 p.m. The library continues its Monday night story time at 6:30 p.m. thru May 20 and its Friday AM story time at 10:30 a.m. thru May 17. The Friends of the Library Book Sale is Friday,May 10 from 10:00 a.m.-5:00 p.m. and Saturday, May 11 from 10:00 a.m.-4:00 p.m. Dinosaur Story time for children ages 3-7 will be held on Thursday,May 16 at 6:30 p.m. Prizes for everyone. Limited to 25. Sponsored by Park Dental. Bob went to give information on Shakopee Public Schools. He handed out a sheet of information, "Class Notes", and discussed: Pearson's Volunteer of the Year, Student Achievements,the Districts Employee Recognition Banquet on May 8, Spring sports team update, the hiring of a new Principal at Pearson Elementary, the 8th&9th grade band& chorus trip to Chicago on May 17 & 18, the many concerts being held now in our schools, and that this week is teacher appreciation week. Amy Thompson from Scott County HRA handed out information on: first-time home buyers, Section 8 program,Prior Manor, Public Housing,Family Self Sufficiency, and Rental Assistance for Family Stabilization. She also spoke to the Downtown Shakopee Block 3 &4 development, as well as transitional housing availability to individuals in our community. DeDee O demann from the Scott County Branch of the American Red Cross shi.'red the following items: The American Red Cross office moved from their location next to Pablo's to the Citizen's State Bank Building lower level late last week; Saturday,May 11th from 9:00 a.m.-12:00 noon is the Annual Bike Safety Rally at Lions Park in Shakopee. Low cost helmets ($7), bike safety checks, used bike auction,bike registration, and safety education are the event highlights. Also on Saturday,May 11th, the move "Twister" opens at the Shakopee Town Square Theatre. American Red Cross will be presenting information about Tornado Awareness and Disaster Preparedness. Upcoming bloodmobiles include: May 14 in Belle Plaine;May 20 in Prior Lake,and May 28 in Savage. The Annual American Red Cross Volunteer Recognition Event is on May 15 here in Shakopee. Brian Norris, representing the Shakopee Lions, shared that the Lions Club is keeping busy with: Xmas in May House for May 18,Planted 200+trees on April 27 at Lions Park, is helping with Bike Registration at the Bike Rally on May 11, is looking at installing new playground equipment at Lions Park, and replaced a boulevard tree on 10th Avenue next to Pearson Elementary School that was recently destroyed. The next Shakopee Coalition Meeting will take place on Tuesday,June 4th, 4:30 p.m., in the community room of Citizens State Bank. DeDee Ordemann will facilitate this meeting. 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ROLL CALL Chair Madigan called to meeting to order at 7:50 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. RECOGNITION OF INTERESTED CITIZENS Chair Madigan recognized anyone in the audience wishing to speak on any item not on the agenda. Dennis Saury. William Engelhardt & Associates speaking on behalf of Valley Green Industrial Park requested consideration of a Preliminary/Final Plat proposal at the June 6, 1996, Planning Commission meeting. Motion: Commissioners Joos/Brekke moved to approve review of Preliminary/Final Plat at the June 6, 1996, Planning Commission meeting. Vote: Motion carried unanimously. 4. APPROVAL OF CONSENT AGENDA Items on the Consent Agenda included: Item #5: Approval of the April 4, and April 18, 1996, Meeting Minutes. Motion: Commissioners Joos/Brekke offered a motion to approve the Consent Agenda as presented Vote: Motion carried unanimously. *5. APPROVAL OF APRIL 4. AND APRIL 18. 1996. MEETING MINUTES The minutes were approved as submitted on the Consent Agenda. City of Shakopee Planning Commission Meeting May 9, 1996 Page 2 6. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF SAMANTHA WOODS ADDITION. FORMERLY KNOWN AS PINE WOODS ADDITION, LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 16. EAST OF ROUNDHOUSE CIRCLE. ACROSS FROM SHAKOPEE TOWING. Ms. Baumann stated the applicant has requested that action on this item be continued to the June 6, 1996, meeting. Commissioner Brekke stated he would like more information regarding access onto County Road 16. Ms. Baumann stated that the Scott County Highway Department controls access onto county roads. The applicant is also proposing shared driveways in order to limit the number of access points. These shared driveways have been approved by the Board of Adjustment and Appeals. Motion: Joos/Meilleur moved to continue the public hearing to the June 6, 1996, meeting. Vote: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE ST. FRANCIS MEDICAL CAMPUS PLANNED UNIT DEVELOPMENT TO CONSTRUCT AN APPROXIMATELY 5,800 SQUARE FOOT RADIATION THERAPY AND ONCOLOGY CENTER AND TO ALLOW FOR GENERAL EXPANSION ON THE CAMPUS, AS LONG AS SAID EXPANSIONS DO NOT EXCEED THE ULTIMATE SQUARE FOOTAGE AND PARKING ALLOTMENTS. Ms. Baumann stated the applicant is requesting an amendment in order to allow the construction of a 5,800 square foot Radiation Therapy and Oncology Center. She reviewed the parking requirements and outlined the location on the site plan. Commissioner Meilleur asked if the heli-pad would also need to be relocated. Ms. Baumann noted the relocated heli-pad. Richard Wicka, St. Francis Regional Medical Center stated that the hospital is also requesting the addition of another sign for the Oncology Center, because it will have its own entrance. Ms. Baumann reviewed the sign requirements. Commissioner Brekke asked what kind of signage would be the end result. Mr. Bilotta stated that the applicant could provide signage up to a total of 200 square feet. Motion: Commissioners Brekke/Joos moved to close the public hearing. City of Shakopee Planning Commission Meeting May 9, 1996 Page 3 Vote: Motion carried unanimously. Commissioner Brekke asked if the 200 square foot signage is acceptable to the applicant. Mr. Wicka replied that 200 square feet of signage would be acceptable if it can be divided into two separate signs. Mr. Bilotta stated signage which is only visible on the site is not regulated by the sign ordinance. Commissioner Meilleur asked if the Radiation Therapy and Oncology Center was classified as a separate entity. Mr. Wicka stated that a separate entrance is proposed. Commissioner Joos stated he would be in favor of the interpretation to allow two signs on the west side of the hospital. Motion: Commissioners Brekke/Joos moved to recommend to the City Council the approval of an amendment to the development plans of the Minnesota Valley Health Campus to allow the construction of a Radiation Therapy and Oncology Center, and general expansion on the medical campus, subject to the original conditions of approval and the following added conditions: 1. The applicant shall be required to provide an additional 30 landscaping units on the PUD site for the construction of the Radiation Therapy and Oncology Center, subject to the requirements of Section 11.60, Subd. 8 of the Shakopee City Code. Any future expansions on the PUD site will be required to comply with the requirements of Section 11.60, Subd. 8 of the Shakopee City Code. 2. Signage standards of the original approved development plans shall be amended to allow signage on the west side of the hospital to be provided up to two signs, not to exceed a combined total of 200 square feet in size. 3. Expansions of the medical campus shall generally comply with the Preliminary and Final Development Plans attached to Resolution No. 4120, provided that said expansions do not exceed the parameters outlined in the Square Footage and Parking Summary Table, unless said expansion is approved by the City Council. The general character, uses, intent, and design shall be required to be of a general character and palette of materials similar to the existing campus structures. City of Shakopee Planning Commission Meeting May 9, 1996 Page 4 Vote: Motion carried unanimously. 8. TO CONSIDER THE PRELIMINARY PLAT FOR PRAIRIE VILLAGE. LOCATED DIRECTLY EAST OF THE NEW ST. FRANCIS REGIONAL MEDICAL CENTER. Ms. Baumann stated that Orrin Thompson Homes has submitted an application for preliminary plat approval of Prairie Village. At the April 18, 1996, meeting the public hearing for this item was closed and staff was directed to provide additional conditions for approval at the May 9, 1996, meeting. These conditions of approval have been provided on the table. Mr. Loney reviewed the additional conditions for approval. Motion: Commissioners Joos/Brekke moved to offer a motion to recommend to the City Council the approval of the request for approval of the Preliminary Plat of Prairie Village, and move its approval, subject to the following conditions: A. Prior to City Council approval of the Preliminary Plat, the following actions must occur: 1. The property must be included within the MUSA boundary. 2. The property must be rezoned to Urban Residential (R-1B). 3. An analysis of the ten-day snow melt critical runoff event and its hydraulic impact shall be completed and reviewed by the City Engineer. 4. The Stormwater Management Plan must be approved by the City Engineer. 5. Preliminary street grade drawings need to be signed by a professional engineer. 6. The developer acknowledges that the City does not guarantee the date of sanitary sewer availability to this parcel. 7. Preliminary utility drawings need to show the existing or proposed storm sewer utility lines. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: City of Shakopee Planning Commission Meeting May 9, 1996 Page 5 a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $260 per sign pole (17 x $260 - $4,420.00). f) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of $700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall construct a temporary cul-de-sac at the end of Groveland Way, Mathias Road, Faribault Street, and Ponds Way and provide the necessary temporary easements to the City. These cul-de-sacs shall be built to City Design Criteria. h) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station. i) The developer acknowledges the presence of pending assessments for 17th Avenue and Sarazin Street. j) The developer agrees to pay storm water trunk charge upon its adoption k) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station in perpetuity. 1) Diversion of storm water from the Blue Lake Drainage District to the Millpond Drainage District is City of Shakopee Planning Commission Meeting May 9, 1996 Page 6 contingent upon the City receiving Mn/DOT approval of this diversion. m) Additional sanitary sewer main depth may be needed to serve adjacent properties north, south and west of the proposed site. n) Drainage and utility easements for ponds are to be dedicated to the 100-year interim or ultimate high water level elevations. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. Outlots A and B must either be eliminated or provide proof, via a contract, that the outlots will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlots until they have been replatted and combined with other properties so that these areas meet the City's design standards. Vote: Motion carried unanimously. 9. PUBLIC HEARING: TO CONSIDER THE REZONING OF SEVENTY (70) ACRES OF LAND LOCATED DIRECTLY EAST OF THE NEW ST. FRANCIS REGIONAL MEDICAL CENTER. FROM AGRICULTURAL PRESERVATION (AG) ZONE TO URBAN RESIDENTIAL (R-1B) ZONE. Ms. Baumann stated Orrin Thompson Homes has submitted an application for an amendment to the Zoning Map to rezone property from Agricultural Preservation (AG) to Urban Residential (R-1B). The applicant has requested this request be continued to the June 6, 1996, meeting to allow the Metropolitan Council time to act on the MUSA request. Lee Johnson. Orrin Thompson Homes, stated all information will be available at the June 6, 1996, meeting. Motion: Commissioners Joos/Romansky moved to continue the public hearing to the June 6, 1996, meeting. Vote: Motion carried unanimously. 10. FINAL PLAT: TO CONSIDER THE FINAL PLAT FOR PINEWOOD ESTATES. LOCATED ADJACENT AND SOUTH OF 4TH AVENUE AND ADJACENT AND WEST OF SHENANDOAH DRIVE. City of Shakopee Planning Commission Meeting May 9, 1996 Page 7 Ms. Baumann stated the applicant is requesting final plat approval for Pinewood Estates located south of 4th Avenue and west of Shenandoah Drive. She noted there is a minor change from the preliminary plat. The final plat drawing includes outlots which were not identified in the preliminary plat. Commissioner Brekke asked why the two driveways need to be outlots and not just driveways. Mr. Bilotta explained the restrictions posed by the subdivision regulations. The Subdivision Review Committee is currently reviewing this issue. Commissioner Meilleur asked if there should be concern about creating a situation which would need to be corrected later. Mr. Bilotta stated if approved, it would be approving something that has not been done before. • Commissioner Joos asked when this issue would be reviewed by the Subdivision Review Committee. Mr. Bilotta stated the SRC would be reviewing the issue at their next meeting, however, the Planning Commission has the authority to direct staff to proceed on this issue at any time. Commissioner Joos asked what the ramifications would be to let it remain as it is. Mr. Bilotta stated that a problem would result if the homeowners association decided not to maintain the area or pay taxes, and it would become a public liability. Commissioner Brekke asked if the access points could be constructed to street standards or as a cul-de-sac. Ms. Baumann stated the outlots are proposed at a width of 40 feet rather than the public right-of-way width of 60 feet. Commissioner Joos asked if the applicant is in favor of the area remaining as one lot. Ms. Baumann stated the applicant is willing to follow the direction that is given tonight. Commissioner Brekke asked if an alley could be a solution. Mr. Bilotta stated an alley must always be contiguous to another area, and this would be not be contiguous. Dale Dahlke. Barrington Corporation gave a background on the progress of the plat and changes which were made when requested by the Planning Commission. He noted the existence of utility easements in the outlots. He stated that as proposed, there is not enough room for a cul-de-sac or turnaround area. He noted he would be willing to have Outlots C and E removed from the final plat, if the Planning Commission directed. He believed there would be a strong homeowners association in this development and did not think the City City of Shakopee Planning Commission Meeting May 9, 1996 Page 8 would ever get the roadway back. He questioned the relationship of park dedication requirements and open space. Mr. Bilotta stated the main issue with the park dedication is that park dedication and open space are separate. Open space relates to the Planned Unit Development classification. Motion: Commissioners Joos/Brekke moved to offer a motion to recommend to the City Council the approval of the Final Plat for Pinewood Estates, and move its approval, with the inclusion of Outlots C and E. Approval shall be subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $260 per sign pole (7 x $260 - $1820.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of $501.00 per residential lot. The Park Dedication payments shall be deferred to the time of issuance of the building permit for the principal structure for each lot. City of Shakopee Planning Commission Meeting May 9, 1996 Page 9 vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. c) A waiver of hearing for assessment appeal needs to be executed for Eastway Avenue prior to Final Plat approval. d) The Homeowners Association Documents shall provide for the perpetual maintenance and tax payment for all outlots in this subdivision. The Homeowners Association Documents shall be approved by the City Attorney. e) The developer shall obtain a demolition permit prior to removal of the existing structure on the site. Vote: Motion carried unanimously. 11. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11. THE ZONING CHAPTER. FOR A TEXT AMENDMENT TO MODIFY THE STANDARDS FOR GOVERNMENTAL. INSTITUTIONAL, AND RECREATIONAL SIGNS IN ALL RESIDENTIAL ZONES PER SECTION 11.70. SUBD. 9. ITEM D. OF THE SHAKOPEE CITY CODE. Ms. Bennett stated staff has been working with the Shakopee School District regarding a new community education and information sign to be located at the Shakopee High School. The sign does not fall within the current standards for governmental, institutional and recreational signs in residential zones. Staff is proposing a Zoning Ordinance text amendment to address this issue. Commissioner Joos questioned why recreational signs were included with governmental and institutional signs. Mr. Bilotta replied recreational refers to parks. He stated he believed recreational needs to be defined differently. Commissioner Brekke asked if intensity of lighting on the signage would also be a consideration. Mr. Bilotta noted that the City Code requires any illumination to be contained to the site. Ms. Bennett also noted that lighting cannot be directed toward roadways. Commissioner Brekke asked if a motion sign would be permitted. Ms. Bennett stated motion signs are not allowed by the City Code. City of Shakopee Planning Commission Meeting May 9, 1996 Page 10 Bob Ostlund. Superintendent of Schools stated there is a lot of public interest in this sign. He reviewed the sign design. He stated it will be similar to the sign in place in Chaska, but would be somewhat smaller. Commissioner Madigan asked what the dimensions of the sign would be. Mr. Ostlund replied it will be 6' x 16-1/2'. Commissioner Joos stated he was concerned about the impact on neighboring residences. He asked what the actual location would be. Mr. Ostlund replied the location would be 10' beyond the right-of-way which would place the sign along the high school parking lot between the parking lot and the sidewalk on Tenth Avenue. Mr. Bilotta noted that the sign would need to be placed outside of the sight triangle. Commissioner Joos stated he would like to see a drawing of where the sign will actually be located. He will also like more information on what is proposed for Spencer Street. Mr. Ostlund stated the sign would be facing the high school and utility building on the other side of Spencer Street. The homes on the north side would be at a right angle to the sign. Any illumination would be indirect. He stated they want to locate the sign in a position that will not need to be moved in the future. Ms. Bennett discussed the size of the sign for safety purposes and lettering size requirements. Commissioner Romansky discussed the need to consider size, location and setbacks. Mr. Ostlund stated that the school district foresees using the sign for community announcements, not just school activities. Motion: Commissioners Meilleur/Joos moved to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Brekke/Joos moved to amend the proposed text by removing "commercial recreation". Vote: Motion carried unanimously. Motion: Commissioners Brekke/Meilleur moved to direct staff to prepare a text amendment to add language relating to general public service messages and bring it back to the June 6, 1996, meeting. City of Shakopee Planning Commission Meeting May 9, 1996 Page 11 Vote: Motion carried unanimously. 12. PUBLIC HEARING (CONTINUED FROM APRIL 18. 1996): TO CONSIDER PROPOSED AMENDMENTS TO SECTIONS 11.02. 11.36. 11.38. 11.40. 11.42. 11.44. AND 11.46 TO MODIFY THE ZONING REGULATIONS FOR SOME RESTAURANTS AND TAVERNS THAT SERVE ALCOHOL. Mr. Bilotta stated additional information requested by the Planning Commission is not yet available and requested a continuance to the June 6, 1996, meeting. Motion: Commissioners Brekke/Romansky moved to continue the public hearing to the June 6, 1996, meeting. Vote: Motion carried unanimously. 13. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11. THE ZONING CHAPTER. FOR A TEXT AMENDMENT TO REVISE THE DEFINITION OF "FRONT LOT LINE" AS APPLIED TO CORNER LOTS, SECTION 11.02. ITEM 65. OF THE SHAKOPEE CITY CODE. Ms. Bennett discussed several scenarios of setback issues on corner lots. In researching this issue, the problem was the definition of the front lot line. After contacting other cities, it came to the attention of staff that several policy issues could be used to deal with this issue. She requested the public hearing be closed, and corner lots be reviewed under other business. Kevin O'Brien. 1024 S. Fuller Street stated he has a project coming up with this issue and would be very interested in any changes. Motion: Commissioners Joos/Brekke moved to close the public hearing. Vote: Motion carried unanimously. The Commission recessed at 9:15 p.m. and reconvened at 9:25 p.m. 14. OTHER BUSINESS A. Corner Lots Ms. Bennett provided scenarios of potential problems with corner lots. She reviewed how other cities regulate corner lots, including variances and larger corner lot sizes. City of Shakopee Planning Commission Meeting May 9, 1996 Page 12 Commissioner Meilleur questioned if corner lots are a frequent issue. Ms. Bennett replied there have been several over the past few months. Commissioner Joos noted the majority of the problems have been with lots on collector streets. He proposed changing the front yard to the side where the local street is rather than the collector street. He liked the idea of a larger corner lot. Commissioner Brekke liked the idea of both sides fronting on a roadway being declared front yards. Commissioner Meilleur stated if the size of the lot is an issue, then the determination should be made how large the lot should be. Mr. Bilotta stated the Planning Commission recently made the decision to go to a density requirement rather than a minimum lot size. Commissioner Joos suggested that corner lots be reviewed during the plat review process. Mr. Bilotta stated staff is proposing to the SRC to require building pads be shown on all preliminary plats in order to identify potential problems. Commissioner Brekke suggested an "either-or" situation to make it the requirement more flexible. Kevin O'Brien, 1024 Fuller stated a lot of these issues will arise on existing rather than new lots. He encouraged flexibility. Commissioner Brekke further explained his either-or proposal. Ms. Bennett replied that something similar is currently done in the Old Shakopee area. Commissioner Joos suggested staff provide additional information using scenarios and how these would work with the either-or proposal. B. Fences on Corner Lots Ms. Baumann stated staff is in the process of preparing a text amending regarding fences on double frontage lots. The problem with the current City Code is basically with reference to collector streets. Fences up to three feet in height are only allowed within the front yard setbacks. The majority of homeowners would prefer a six foot fence when abutting collector streets. However, six foot fences are only City of Shakopee Planning Commission Meeting May 9, 1996 Page 13 allowed at the setback line. Another issue that arises with fencing abutting a collector street is the "tunnel" effect that occurs with a continual fence along collector roadways. Commissioner Joos stated he would be more in favor of the shorter fence. He discussed the importance of keeping the community open. Commissioner Brekke stated he felt a six foot fence along a collector street would be needed. Commissioner Meilleur stated residents are aware prior to purchasing a home whether or not the lot abuts a collector roadway. Motion: Commissioners Joos/Meilleur moved to continue requiring a three foot fence in the front yard setback and all fences over 3 feet must be placed at the setback line. Vote: Motion carried 4-1. Brekke voted against the motion. D. Exterior Building Materials Ms. Bennett stated it has come to the attention of staff that the City Code prohibits the use of metal on buildings. She noted the quality of some metal finishing has improved over time. Commissioner Joos stated some design criteria for this kind of material should be developed. • Commissioner Madigan asked if there is a specific product developers are asking for. Mr. Bilotta replied that coated metal is a frequent request. Ms. Bennett stated most of the time, metal products are being requested for accessory structures. She noted Kevin O'Brien will make a presentation on metal structures. Kevin O'Brien. 1024 Fuller Street stated gauge and finish of the metal need to be considered. Design criteria are also a consideration and can be developed to deal with this issue. He showed pictures of various metal structures in other areas. He discussed different materials which could be used in conjunction with the metal building. City of Shakopee Planning Commission Meeting May 9, 1996 Page 14 Commissioner Meilleur asked if other cities' restriction to 1/3 metal is still too restrictive. Mr. O'Brien stated he believed it is still too restrictive. Commissioner Joos asked Mr. O'Brien how the City can insure like products have the same durability and standards. Mr. O'Brien explained how standards relating to warranties can be developed to address the issue. Commissioner Romansky asked if the metal was the main structure or a facade on the examples shown. Mr. O'Brien replied metal was used in the main structure. Jean Marshall. 600 Hennes Avenue. Shakopee Services stated the ordinance does not take into consideration the function of the building. Shakopee Services, Inc. would like to construct a pre-fabricated building to use for storing buses. She stated there are economic reasons metal buildings are used. Cletus Link. 1440 W. 3rd Avenue stated the majority of the buildings surrounding his business are constructed of metal. He was also concerned about the amount of taxes paid by owners of buildings that are constructed of other materials. Commissioner Joos stated he believed metal should be allowed in some form and design standards should be developed. Mr. Bilotta stated a clear set of guidelines can be identified. He also discussed a CUP process for metal building construction in certain areas. Ms. Bennett stated the Planning Commission may want to look at accessory buildings and have specific materials. Motion: Commissioners Brekke/Meilleur moved to direct staff to develop design standards and develop a CUP process to include the use of metal in building materials. Vote: Motion carried unanimously. C. Street Naming Policy This item was tabled to the June 6, 1996, meeting. E. CIP Mr. Bilotta stated the Planning Commission's major role is to look at CIP projects to ensure that they are in conformance with the Comprehensive Plan. Mr. Loney City of Shakopee Planning Commission Meeting May 9, 1996 Page 15 reviewed the street reconstruction projects proposed. He stated there could potentially be a large number of new projects once the MUSA expansion is approved. Planning Commissioners reviewed the CIP projects proposed and discussed the construction of bridges and other pedestrian access measures to provide additional trail access. Motion: Commissioners Brekke/Romansky to recommend to the City Council the addition of neighborhood trail access and bridges as CIP projects for the coming year and future years. Vote: Motion carried unanimously. Motion: Commissioners Joos/Romansky moved to recommend to the City Council the approval of the CIP projects as amended. Vote: Motion carried unanimously. F. Planning Commission Submittal Deadlines Ms. Baumann stated staff has reviewed the submittal deadlines for BOAA and Planning Commission submittals and is requesting that four of the seven remaining submittal deadlines be revised to allow additional review time for staff. Motion: Commissioners Joos/Romansky moved to approve the submittal deadline changes as discussed. Vote: Motion carried unanimously. 15. ADJOURN Chair Madigan adjourned the meeting at 11:00 p.m. OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENT AND APPEALS Regular Session Shakopee, Minnesota May 9, 1996 MEMBERS PRESENT: Joos, Madigan, Meilleur, Romansky and Brekke MEMBERS ABSENT: Mars and Link STAFF PRESENT: Paul Bilotta, Community Development Director Julie Baumann, Planner I Nicole Bennett, Planner I Bruce Loney, Public Works Director Clare Link, Recording Secretary 1. ROLL CALL Chairman Joos called to meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF APRIL 4, 1996 MEETING MINUTES The minutes were approved as submitted. 4. RECOGNITION OF INTERESTED CITIZENS Chairman Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN EIGHT FOOT (8') FENCE ON THE PROPERTY LOCATED AT 1440 WEST THIRD AVENUE. Ms. Bennett stated that the site is located at 1440 West 3rd Avenue (legally described as the south 320.00 feet of Outlot C, Husman Addition). She stated that the site serves as a construction and lumber business and has an existing six foot fence. Ms. Bennett noted that the applicant has indicated that building materials and lumber are being stolen, and a higher fence would prevent this problem. She stated that the applicant, Cletus Link, has submitted a conditional use permit application to construct an eight foot fence as a structure over the specified height of six feet for fences in the Highway Business (B-i) Zone per Section 11.36, Subd. 3 of the City Code. Staff is recommending approval subject to conditions that the fence shall be limited to eight feet in height and set back a distance equal to 1/2 of the structure height. Cletus Link. 1216 Jefferson Street stated the need to prevent further loss of building materials by constructing an eight foot fence. He noted more security lighting has also been installed on the site to help with security. Commissioner Meilleur asked if people are getting over the fence and the barbed wire. Mr. Link replied they are getting over the fence and throwing lumber over to the other side, and the barbed wire doesn't slow them down. City of Shakopee May 9, 1996 Board of Adjustment and Appeals Page 2 Commissioner Brekke asked if the barbed wire is included in the six foot height of the fence, and would the new eight foot fence include barbed wire. Mr. Link replied that the barbed wire is in addition to the current six foot high fence. He noted that the proposed eight foot chain link fence would not have barbed wire. MOTION: Commissioners Madigan/Brekke moved to close the public hearing. VOTE: Motion carried unanimously. MOTION: Commissioners Brekke/Meilleur offered Resolution No. PC-750, a Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for a Structure Over the Specified Height in the Highway Business (B-1) Zone, and moved its adoption, subject to the following conditions: 1. The fence shall not exceed eight feet in height. 2. The fence shall be set back from each property line a distance equal to half its height. and based on the following criteria: Criteria #1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding #1: The Board finds that no evidence has been received that the proposed over height fence will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria #2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding #2: The Board finds that the area surrounding the site is within either the Highway Business (B-1) zone or the Multiple Family Residential (R-3) Zone and the conditional use will not impede future development and improvement in the area. City of Shakopee May 9, 1996 Board of Adjustment and Appeals Page 3 Criteria #3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. Finding #3: The Board finds that adequate utilities, access, drainage and parking are provided at the site. Criteria #4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding #4: The Board finds that the use as a building materials business with an over height fence is consistent with the purposes of the Highway Business (B-1) zone "...to provide an area for business uses fronting on or with immediate access to arterial and collector streets." Criteria #5: The use is not in conflict with the Comprehensive Plan. Finding #5: The Board finds that the use is consistent with the Comprehensive Plan. The area is designated for commercial use in the 1980 and draft 1995 Comprehensive Plans. VOTE: Motion carried unanimously. 6. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE, VEHICLE REPAIR AND MORE THAN ONE PRINCIPLE STRUCTURE ON A LOT FOR THE PROPERTY LOCATED EAST OF CR 89, SOUTH OF PATCH 1ST ADDITION, NORTH OF BOILING SPRINGS LANE. Ms. Bennett stated that the site is located east of County Road 18 (89) and south of 13th Avenue. She noted that there is an existing building located on the north portion of the site that currently houses industrial tenants. Ms. Bennett stated that the applicant, Eugene Hanson, has submitted a conditional use permit application for a development containing more than one principal structure per lot, exterior storage, and vehicle repair to conduct a street sweeping business per Section 11.44, Subd. 3 of the City Code. Ms. Bennett reviewed the conditions for approval of this request and the site plan for the project, showing the proposed road connection between County Road 89 and Maras Street, and recommended approval per the conditions set forth in the staff memo. Eugene Hanson. applicant, asked if the Board had any questions. City of Shakopee May 9, 1996 Board of Adjustment and Appeals Page 4 Commissioner Romansky asked how water and sewer will be handled at the site since it does not have municipal services. Mr. Hanson replied there is a well and two drainfield locations have been identified. Commissioner Brekke asked where access would be taken from County Road 89. Mr. Hanson replied they will use the existing driveway access that has been provided off of County Road 89. Ms. Bennett stated that the County Engineer has requested the access be changed from County Road 89 to the new road connection when the new road is constructed. Commissioner Brekke asked what kind of business will be operated on the site. Mr. Hanson replied he is the owner of Clean Sweep street sweeping, and they have outgrown their current facility in Eden Prairie. Mr. Hanson stated that the business includes street sweeping and snow removal in the winter. MOTION: Commissioners Madigan/Brekke moved to close the public hearing. VOTE: Motion carried unanimously. MOTION: Commissioners Brekke/Romansky offered Resolution No. PC-751, Granting a Conditional Use Permit for a Development Containing More than one Principal Structure per lot, Exterior Storage, and Vehicle Repair in the Light Industry (I-1) Zone, subject to the following conditions: 1. General conformance with the site plan identified as Exhibit C shall be required. 2. The development shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development; 3. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contains provisions providing for the enforcement thereof; 4. All exterior storage areas shall be screened from all public right-of-way and residentially zoned land, with an opaque fence, wall or berm not to exceed eight(8)feet in height, constructed of new materials, and maintained in good condition; 5. Exterior storage areas shall have a maximum area equal to the combined footprint of the principal and accessory buildings; 6. Exterior storage areas shall not be located closer than 300 feet to any residential zone; 7. Exterior storage areas shall be surfaced entirely with asphalt, concrete, or Class 5 aggregate; City of Shakopee May 9, 1996 Board of Adjustment and Appeals Page 5 8. No vehicles which are unlicensed or inoperative shall be stored for more than seven days; 9. All storage areas for vehicle repair shall be screened; 10. Vehicle repair areas shall not be located on a lot or parcel of land within 200 feet of any residential zone; 11. A copy of the Wetland Delineation Report shall be provided to the City prior to the recording of the Conditional Use Permit Resolution; 12. Storm water drainage calculations shall be provided to the City Engineer prior to the issuance of any building permit for the site; and 13. Impervious surface calculations for the site shall be provided prior to the issuance of any building permit. and based on the following findings: Criteria #1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding #1: The Board finds that no evidence has been received that the proposed street sweeping business will be injurious to the use and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. In fact, the proposed structure should result in vast improvements to this industrial area. Criteria #2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding #2: The Board finds that the area surrounding the site is either within the Light Industry (I-1) zone or the Rural Residential (RR) Zone. Normal and orderly development of the property adjacent to the proposed use should benefit from the improvements on this site, especially if the proposed road connection is established. Criteria #3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. Finding #3: The Board finds that adequate utilities, access roads, drainage and parking have been or will be provided to the site subject City of Shakopee May 9, 1996 Board of Adjustment and Appeals Page 6 to the Conditional Use Permit. The site is in the rural service area; therefore, no City sewer or water is available at this time. Criteria #4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding #4: The Board finds that the use is consistent with the purposes of the Light Industry (I-1) zone "...to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses." Criteria #5: The use is not in conflict with the Comprehensive Plan. Finding #5: The Board finds that the use is consistent with the Comprehensive Plan. The area is designated for light industrial use in the adopted 1980 and draft 1995 Comprehensive Plans. VOTE: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMBROIDERY SERVICE TO BE OPERATED OUT OF THE HOME LOCATED AT 1203 DAKOTA STREET. Ms. Bennett stated that the site is located at 1203 Dakota Street. She stated that there is an existing residential structure on the site and the current applicant, Bruce Glesmann, has submitted a conditional use permit application to operate an embroidery service as a home occupation business per Section 11.28, Subd. 3 of the City Code. She noted that the parking requirement has been met, and that staff is recommending approval per the conditions in the staff memo. Commissioner Brekke asked if all home based businesses require a conditional use permit. Ms. Bennett stated that a conditional use permit is required for all commercial activity operated from the home. Bruce Glesmann. 1203 Dakota Street. stated his intent to start a home embroidery business. Commissioner Joos asked if the applicant has any problems with the conditions. Mr. Glesmann replied he has no problem with the conditions. City of Shakopee May 9, 1996 Board of Adjustment and Appeals Page 7 Commissioner Meilleur asked if the business is for t-shirts or other items. Mr. Glesmann replied that it will include t-shirts, sweatshirts, hats, etc. MOTION: Commissioners Romansky/Brekke moved to close the public hearing. VOTE: Motion carried unanimously. MOTION: Commissioners Meilleur/Romansky moved to offer Resolution No. PC-752, granting a Conditional Use Permit for a home occupation business, subject to the following conditions: 1. No retail sales activity is permitted; 2. A maximum of one sign, not to exceed two square feet, is allowed; 3. A maximum of one employee who does not reside in the house is permitted; 4. Off-street parking for the employee shall be provided; 5. No outside storage is permitted; 6. No offensive noise, vibration, electrical interference, or air or other pollution shall be produced by this use; 7. The receipt or delivery of merchandise, goods, or supplies shall only be permitted through the United States mail, similar parcel delivery service, or personal vehicles not exceeding one ton; and, 8. Outside off-street parking of no more than one commercial vehicle or vehicle identified for business purposes, not to exceed one ton capacity which is used for both personal and business transportation shall be permitted. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location. and based on the following findings. Criteria #1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding #1: The Board finds that the proposed embroidery service would be conducted completely within the home on a sewing machine, thus received no evidence has been received that the proposed home occupation business will be injurious to the use and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. City of Shakopee May 9, 1996 Board of Adjustment and Appeals Page 8 Criteria #2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding #2: The Board finds that the area surrounding the site is within the Urban Residential (R-1B) Zone and contains virtually no vacant property. Thus, the embroidery service conducted as a home business will not impede normal and orderly development and improvement in the area. Criteria #3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. Finding #3: The Board finds that adequate utilities, access, drainage and parking are provided at the site. Criteria #4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding #4: The Board finds that the use as a home business in an existing residential structure is consistent with the purposes of the Urban Residential (R-1B) zone "...to provide an area for residential development where public sanitary sewer and water are available." Criteria #5: The use is not in conflict with the Comprehensive Plan. Finding #5: The Board finds that the use is consistent with the Comprehensive Plan. The area is designated for single family residential uses in the 1980 and draft 1995 Comprehensive Plans. VOTE: Motion carried unanimously. 8. OTHER BUSINESS No other business was on the agenda for discussion. 9. ADJOURN Chairman Joos adjourned the meeting at 7:50 p.m. *17 CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR APRIL, 1996 Respectfully Submitted AR.e.a, Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 99% See Narrative Section 3. Vierling Drive, Adams St. 7/94 100% to Presidential Lane 4. Sarazin Street(Viking Steel Rd.) 4/95 95% See Narrative Section 5. Downtown Alley Reconstruction 5/95 75% See Narrative Section 6. P&V Reconstruction 7/95 95% 7. Fuller Street 8/95 80% 8. County Road 16 Utilities 8/95 95% 9. St. Francis Sewer&Water Extension 10/95 99% 10. River District Sewer Rehabilitation 10/95 100% 11. Millpond Water Quality Improvement 2/96 90% 12.Vierling Drive-C.R. 79 to C.R.77 4/96 40% 13. Sarazin St./17th Ave. 5/96 10% Category II - Projects In Design 1. 1996 Reconstruction 2/96 100% See Narrative Section 2. St. Francis Streets 1/96 100% See Narrative Section and Storm Sewer 3. 10th Ave.-from CSAH 17 to 6/96 Shakopee Ave. Category Ill- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 2/96 50% See Narrative Section 3. Gorman Street 3/96 4. St. Francis Storm Sewer Outfall 3/95 11/95 100% See Narrative Section 5. Trunk Sewer"H" Category IV- Development Projects In Review 1. Orrin Thompson (Prairie Village) Preliminary Plat 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Horizon Heights 5th Final Plat 6. Samantha Woods Preliminary Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Dominion Hills 6/93 85% Wear Course Remaining 2. Stonebrooke 2nd Unknown Unknown 0% 3. Homestead Ridge 2nd 9/94 100% Warranty Period 4. Minnesota Valley 8th 9/94 100% Warranty Period 5. Meadows West 1st Addition 9/94 100% Warranty Period 6. Prairie Bend 9/94 95% Restoration and Wear Course 7. Meadows West 2nd 7/95 90% 8. Orchard Park 1st 7/95 90% 9. Canterbury Pointe 11/95 30% Mainly Private Infrastructure 10. Prairie Bend 2nd Addtn. 4/96 20% 11. Pinewood Estates 5% 12. Westwind 1st Addition 40% 13. Meadows West 3rd Addition 30% Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 20% 3. Mn/DOT Shakopee Bypass 8/95 6/97 90% Segment 1 &2 4. MCWS Sewer Interceptor 8/95 6/96 90% 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined 6. C.R. 79 (C.R. 14 to C.R. 72) 2/96 11/97 In Concept Design Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION 11 - Projects Under Category Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities • This project is essentially complete except for clean up and miscellaneous items. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street • The alley paving has been done with restoration work complete. 4. Sarazin Street(Viking Steel Road) • Roadway construction, sidewalks and turf restoration is essentially complete. Minor restoration areas and corrective work is yet to be done. Contract disputes of work have not been resolved. 5. Downtown Alley Reconstruction • The concrete duct bank is installed for the entire project. Restoration of alleys is nearly complete. The service conduits are being installed to the buildings. 6. P&V Reconstruction • The project is nearly complete with corrective items remaining. 7. Fuller Street • All utilities have been installed with street base paving complete. 3 8. County Road 16 Utilities • Work at Canterbury Inn remains to be completed. 9. St.Francis Sewer&Water Extension • Sanitary sewer and water installation is complete. 10. River District Trunk Sewer • Installation of water proof castings on manholes is complete. 11. Mill Pond • This project is functionally complete. Restoration of the work area will be completed in the spring. 12. Vierling Drive • This project has been awarded to F.M. Frattalone of St. Paul, MN and construction has started. 13. Sarazin Street/17th Avenue • Northdale Construction Co. has begun grading and watermain work. [Category No. 2 - Projects in Design 1. 1996 Reconstruction • Engineering staff has completed design work on this project. 2. St.Francis Streets and Storm Sewer • Rough grading and watermain work is being done on this proejct. 4 3 10th Avenue-from CSAR 17 to Shakopee Avenue • This project consists of installing a storm sewer system and street pavement overlay to extend the life of street pavements in this area. Cost of project will be from the Storm Drainage Fund and Pavement Preservation in the Street Division Budget. ICategory No. 3 - Projects Under Study 1. County Road 18 Connection • This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street • A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of- way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. 3. Gorman Street • Public Hearing is scheduled for May 21, 1996. 5 Trunk Sewer"H" • This project is for the installation of a trunk sanitary sewer from the Chaska Interceptor to the southwest. This project was petitioned by U.S. Homes. 5 MEMO TO: Barry A. Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Stop Sign Warrant Study for 10th Avenue and Apgar Street DATE; May 15, 1996 MEETING DATE: May 21, 1996 NON-AGENDA INFORMATIONAL ITEM: Councilor Zorn had previously inquired on the removal of stop signs at 10th Avenue and Apgar Street. Previous non-agenda informational memo, on April 16, 1996, had indicated that staff would wait until the roadway was turned back to the County before the City could act on a traffic stop sign warrant study, for the possibility of removing the stop signs at 10th Avenue. The City Engineering staff will place this intersection on its traffic stop sign warrant study for this year, in anticipation of the request to investigate the stop signs at this intersection. This memo is intended for Council information only. BL/pmp INFORM #7 Memo To: Barry Stock, Acting City Administrator From: Paul Bilotta, Community Development Director Meeting Date: May 21, 1996 Re: Information Systems Reorganization Update NON-AGENDA INFORMATION In 1995, the City reorganized its Information Systems (computers and other technology) functional area in order to achieve cost savings and restructure MIS responsibilities with respect to individual departments. On April 30, 1995 (before reorganization), MIS had expended $ 13,241 to maintain the City Hall computer system(much of the Police Dept. work was already contracted out and funded by the Police Dept.). On April 30, 1996 (after reorganization), MIS has expended $ 4,842 to maintain the City Hall computer system, the Community Center computer system and increasingly the Police Dept. computer system+maintenance/replacement of departmental equipment that had previously been charged to the responsible department. Although this figure is a savings of 173 %, the savings is actually still understated due to the fact that $ 3,085 of the $ 4,842 (64%) spent this year occurred in January due to extraordinary circumstances resulting from the crash of the City Hall server and the setup/debugging of the new server at the Community Center. For the three months that did not have extraordinary circumstances (Feb.-Apr.), the average expenditure was$ 586 per month vs. $ 3,304 per month in 1995 which is a savings of 464 %. is\commdev\cc\1996\cc0521\mi s.doc jt/0 MEMORANDUM TO: Barry Stock, Acting City Administrator' FROM: Karen Marty, City Attorney DATE: May 13 , 1996 RE: Prosecution Numbers You asked for further explanation of the numbers of files described in the May 2, 1996, letter from Pat Ciliberto of Scott Joint Prosecution. He reported that the City Legal Department turned over 260 "open" files to them, of which they only considered 121 "open" . In addition, the City prosecuted only 572 cases in 1995, so the number of "open" files seems high. The problem is not due to a failure of the City to close criminal files or to handle cases . We have resolved cases in court as quickly as any other prosecuting authority. Rather, the confusion is due to using two different definitions of "open" files . We keep different categories of files "open" than, apparently, Scott Joint Prosecution. Our "open" files include cases on the Court schedule, cases where we filed charges but the Defendant has not been arrested, and cases where the Defendant pled guilty at arraignment without the prosecutor being present (we thin these guilty-plea files annually) . Scott Joint Prosecution keeps their files quite differently. Their definition of "open" files apparently does not include some cases on the Court schedule (probation revocation matters) , or cases where the Defendant pled guilty at arraignment . This difference will result in them considering far fewer files "open" than we do. In the transition to having Scott Joint Prosecution prosecute for the City, an excessive number of files were identified as "open" . Once the transition is complete, Scott Joint Prosecution will find that our numbers match what they were told. The letter from Mr. Ciliberto also noted that an extremely large number of cases appear to be scheduled for May. The Court did schedule a large number of cases in both April and in May. However, through the end of April 1996, our Court cases were up only ten percent over the same period in 1995 . In 1995 the City prosecuted 572 cases in Court . The number of cases for 1996 is expected to match the information given to Scott Joint Prosecution. If you have further questions about this, please let me know. • Signed ;,,,,SA _ �, jW Karen Marty, C .y A - orney KEM:bjm [13 MEMO] cc : Pat Ciliberto, Scott Joint Prosecution -2- *� I MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: City Hall Office Space Reallocation-Non Agenda Informational DATE: May 10, 1996 INTRODUCTION: Last month I established a committee to evaluate building space considerations in-light of the additional staff that we will be hiring within the next month. BACKGROUND: The committee that was created was comprised of one representative from each city hall department. The committee's task was to identify a short term and long term plan to provide accommodations for city hall staffing requirements. The option recommended by the committee not only provides for short term staffing levels but also provides for additional staff growth over the next three to five years. The total cost to implement the plan identified by the committee is approximately $1,200. Funds exist within the 1996 Budget to make the changes. The cost of the improvements primarily involve the purchase of additional office cubical partitions and wiring phone and computer terminals. I would like to commend the committee on their work and the cost effective and efficient alternative that they have setforth. This item is being presented to City Council for informational purposes. If Council has no major concerns regarding the space improvements, staff will proceed immediately in making the changes. We expect to have three new staff positions filled within the next two weeks. MEMO TO: Barry A. Stock, Acting City Administrator FROM: City Hall Space Committee DATE: May 1, 1996 RE: Recommendations for Short Term Building Space Plan INTRODUCTION The City Hall Space Committee was presented with the task of developing three short-term alternatives for building space allocation by May 1, 1996. The following memo and attachments summarize the short-term options developed by the Space Committee. DISCUSSION Certain parameters to use in the short-term building analysis were provided by the department heads, and these are restated on the attached"Space Committee Recommendations" sheet. Based on these parameters, the Space Committee has developed three short-term alternatives for allocating space in the building. Detailed descriptions of the activities and costs associated with each Alternative are provided on the"Space Committee Recommendations" attachment. Alternative#1 would include relocating Administration to the old Parks& Recreation area, using the old City Administrator office as a large conference room, creating two additional cubicles in Engineering and Community Development, relocating the City Clerk's office to the first floor conference room, and reallocating the rest of the office space by department. Please refer to the Alternative#1 diagram that is attached for your reference. Because the current City Administrator office space seems too large for one person and is difficult to subdivide into smaller office spaces, it would serve as a good conference room for additional meeting space. In addition, the windows would allow for getting someone's attention if necessary without disrupting the entire meeting being conducted. The creation of two new cubicle spaces allows for additional engineering, planning and building offices. Due to the temperature control problem in the current City Clerk's office, and to allow more space for a possible intern, the committee is also recommending that the City Clerk's office be relocated to the current first floor conference room. Thus, Alternative #1 provides flexibility beyond the immediate short-term by creating more office space than is required by current staffing levels. The total cost for Alternative#1 is approximately $1200. Alternative#2 would include the same arrangement as in Alternative #1 but without the two new cubicles or moving the City Clerk's office. Please refer to the Alternative #2 diagram. This option would create enough space for full staffing levels in the very short-term at roughly no cost. Alternative #3 would include the same arrangement as in Alternative #1, plus relocating the City Clerk's office to the old Parks & Recreation area. Please refer to the Alternative #3 diagram. This option provides even more time flexibility than Alternative #1, and keeps the City Clerk in close proximity to the vault at a total cost of$8,500 to $9,800. COMMITTEE RECOMMENDATION The City Hall Space Committee recommends Alternative#1. Space Committee Recommendations for Short Term Plan ,Panassete�ra ,' 'eatated: 1. heed to aecommodate owe ea Safe seeniag 1,01,4444 Ea yuseeic, us eoamaww4 V ecselto smeat jan Sn. peaaaeet. awl um beadduuf lwizectioaa jon a roux 9aajl�ecton. 2. ded ves o i-e a got to wed as asyoae'a a jC'ce. 3. ea-at-amen aew ce aeafioaae coaatew jot £a99., eommaairff Dei., aad'e4. 1,aft. eaaaat 4 citawsd. 4. Old Rec. Deft. euatomen aenuice coaate' edema 4 waved (wit jolawed ea #3). Summary of suggested alternatives including estimated costs for each: Alternate # Description Cost 1, 2, & 3 A. Move Admin. Department to old Park &Rec. area- $ 0 assuming staff & Public Works moves furniture etc. - Leave modular desk etc. in Toni's office. Relocate 3 computers, and Toni's printer. Telephones are already in place. 1, 2, & 3 B. Move 1st Floor Conference room to City Admin. Office $0 assuming staff &Public Works moves furniture etc. Move table, credenza, wall board, and chairs. Telephones are already in place 1, 2, & 3 C. Move scanner and File Server into old MIS office $0 assuming staff &Public Works moves computer equip. etc. Relocate computer lines Relocate large table that is now outside Barry's office. 1 D. Move City Clerk to 1st Floor Conference room $0 assuming staff &Public Works moves furniture etc. Move desk, table, chairs, and all file cabinets. Relocate computer Telephones are already in place 1 & 3 E. Rearrange and add 2 more cubicles in Eng. & Comm. Dev. $1,200. Additional cubicle pieces required Electrical inlet must be moved 1 foot in Eng. Dept. Relocate computers, and telephones Additional computers must be determined by department heads. 3 F. Move City Clerk to old Park& Rec. 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I MS MEI '.\-...- \\*." .I I NM I NM di I MN IIIII ! 11111 Z Y — CZ 2 ce r c o cli z g a L.J P < Z RI P 6.11 1.54 iaml Ismil ismi 1.1 6.1 Limi 6.1 lami 966T LE :LO :u DO 441 all 11VHA1InOMO\ :3 #/c72- TO: Barry A. , Stock, Acting City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Non-Agenda Information Item DATE: 05 16 96 INTRODUCTION: On May 15, 1996, we received notification from the United States Department of Justice Office of Community Oriented Policing Services (COPS) that the Shakopee Police Department will receive a COPS Universal Hiring grant award. BACKGROUND: Early last year, the Federal Government made money available to local units of government to pay the salaries of the additional officers as part of a highly publicized effort to put 100, 000 new police officers on the street. Shakopee applied for and received a COPS FAST grant. COPS FAST stands for Office of Community Oriented Policing Services Funding Accelerated for Smaller Towns. The grant provides for a federal contribution of 75% of the salary and benefits of each officer over three years up to a cap of $75, 000 per officer. Later in the year, additional money became available through COPS Universal Hiring Program. Last August, we applied for another grant under this program. Written confirmation of our estimated award amount should be received within three weeks. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : May 20, 1996 RE : Lewis v. City Background: In September 1994 the City reorganized the receptionist positions . At that time there were three receptionists: One in the Public Works Building, one in the Park and Recreation office, and at the entrance to City Hall . The first two positions were eliminated. At the same time, the main receptionist position was reclassified into the current Customer Service Representative, a new clerk-typist position was created in the Park and Recreation office, and the clerk-typist position in Planning was upgraded to a secretarial position. The end result was that four positions were eliminated, and three new ones created. All candidates for the three positions were invited to test . Ms . Lewis did not receive the highest score for any position. Therefore, she was not appointed to fill any of the openings. Ms . Lewis responded by filing an age discrimination complaint with the Department of Human Rights . The City submitted a five page response, noting that the majority of our clerical and secretarial positions are filled by women over the age of 40 . As explained in our response, the City sought, simply to hire the best qualified applicant for each position. Without a need for multiple receptionists, we could not justify spending tax dollars on retaining people in those positions . Update : We now have received a letter from the Minnesota Department of Human Rights dismissing Ms . Lewis' claim. The case is closed. [20memo] Notice and opportunity for review of Indian trust land designations provided by new federal rule Andrea Atherton lished a procedure to ensure the Register.The Secretary will not acquire opportunity for judicial review of the title to the land for a 30 day period. Cities across the country have been administrative decisions designating During that time, a city that objects to concerned with the apparent lack of trust lands. the designation can seek judicial or formal opportunity to become involved The new procedural rule will other review under the Administrative when lands owned by Indian tribes are require the Secretary of the Interior to Procedure Act. taken off the tax rolls and placed into publish notice of intent to place certain The rule was adopted on April 24, trust by the federal government.The parcels of land into trust in either a 1996,in response to a recent court Department of the Interior has estab- local newspaper or the Federal decision,State of South Dakota v. U.S. Department of the Interior,69 F.3d 878 _ (8th Cir. 1995),which held that the ection of federal law authorizing the secretary of the Interior to place lands n trust was an unconstitutional iiolation of the nondelegation doctrine. in its rationale,the Eighth Circuit relied leavily on a procedural defect—the lack of availability for judicial re- view—in finding that the delegation of authority was excessive.Judicial review was found to be unavailable because it is prohibited by the Federal Quiet Title Act once title to land is transferred to the United States. Without any formal notification period in place,by the time cities became aware of a trust land designation request,title had already been trans- ferred,the land was already placed in trust,and it was too late. From the federal government's standpoint,the new rule will address this procedural defect at issue in the South Dakota case. Specifically,an opportunity for judicial or other available review is created by the 30 day notice period before the title to the land is transferred and the land is placed in trust. This apparently means that trust land designations will no longer be on hold in those Midwestern states under the jurisdiction of the Eighth Circuit (North Dakota, South Dakota,Minne- sota,Nebraska,Iowa,Missouri and Arkansas).Rather,the new procedure will govern all pending and future trust designations that will be dealt with on a case-by-case basis.Tr LMC Cities Bulletin TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA MAY 21, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1 ] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4 ] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS a] Allan Hastings >6] Approval of the Minutes of May 7th, 1996 >7] Approve Bills in the Amount of $497, 574 . 19 8] Communications : a] Greystone Construction regarding Civic Center lift 9] 7 : 00 P.M. Public Hearing on proposed improvements to Gorman Street from 4th Avenue to CR-17, Project No . 1996-3 (Res . No. 4439) - Bring Feasibility Report 10] Recommendations From Boards and Commissions : >a] Final Plat of Pinewood Estates located west of Shenandoah Drive and south of 4th Avenue - Res . No . 4440 b] Amendment No . 2 to the Minnesota Valley Health Campus Planned Unit Development - Ord. No . 452 c] Calvary Addition - Amendment to Resolution of Final Approval - Res . No . 4444 11] Reports from Staff : >a] Employee Health Services b] Temporary 3 . 2 Beer License - Chaska/Jonathan Jaycees c] Purchase of A Hot Water Pressure Washer >d] Application for Tattoo License - Neverdahl e] Part-Time Employees In Recreation Department TENTATIVE AGENDA May 21, 1996 Page -2- 11 ] Reports from Staff Continued: f] Picnic-Welcoming Luncheon For New Administrator g] Negotiations For Disposal of Property or Easement h] Fire Station Acquisition Negotiating Team >I ] Cleaning Service Proposals j ] Purchase of Equipment To Complete The Brush/Grass Rig k] Gas Monitor Purchase 1] City Administrator Search Committee Report m] Hiring A Planner II - memo on table n] July 5th - City Hall Closure o] Fire Station Architect Selection >p] Request for Time Extension to Record the Final Plat for Stonebrooke 2nd Addition 12] Routine Resolutions and- Ordinances : a) Ord. No . 451 - Restricting Indecent Conduct b] Res . No . 4443 - Declaring An Urban District c) Ord. No. 453 - Amending The Cable Ordinance - on table 13] Other Business : a] b] c] 14 ] Adjourn Barry Stock Acting City Administrator Reminder: May 28th budget worksession at 4 : 00 P.M. > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MAY 7, 1996 Mayor Jeff Henderson called the meeting to order at 7:01 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Karen Marty, City Attorney; Barry Stock, Acting City Administrator; Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Paul Bilotta, Community Development Director; Mark McQuillan, Park and Recreation Director; Mark Huge, Fire Chief; Tom Steininger, Chief of Police (at 7:15 P.M.); Ron Stellmaker, Recreation Superintendent (at 7:15 P.M.). The following items were added to the agenda: 12a) Administrator Selection Process, 12b) Valley Industrial Blvd. Street Lights, and 12c) Letter from the Shakopee Arts Council. Link/Zorn moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson recognized Commissioner Bannerman's presence and asked if there was anyone in the audience who wished to address the Council on any item not on the agenda. Mark Miller, 585 S. Main, approached the podium and addressed an Ordinance which requires a driveway to be five feet from the property line. He explained that he built a detached garage and installed a driveway around the existing garage to access the detached garage which encroaches on the five foot requirement. He asked if the five foot requirement could be changed. Paul Bilotta replied that this is a set back policy decision. Discussion ensued relating to set back requirements for accessory buildings. DuBois/Link directed staff to research the set back issue and similar issues and to return with possible solutions. Motion carried 4-1 with Cncl. Sweeney opposed. Mr. Miller was advised to consider a variance request. Zorn/DuBois moved to approve the Minutes of March 19th and April 16th, 1996. Motion carried unanimously. Karen Marty explained that a "Private Contract" between the City and David and Nancy Phillips, and Jim Monnens must be terminated in order to approve the title opinion for the final plat of Westwind 1st Addition. Official Proceedings of the May 7, 1996 Shakopee City Council Page -2- Sweeney/Zorn moved to authorize the appropriate City officials to execute the necessary documents to terminate the "Private Contract" between the City and David Larry Phillips, Nancy J. Phillips, and Jim R. Monnens, dated January 2, 1990, and recorded in the offices of the Scott County Recorder as document number 266244. Motion carried unanimously. Judith Cox explained that MIN Hotel Corporation dba/Canterbury Inn will be constructing a sand volleyball court adjacent to the Winners Nightclub and have requested permission to allow the consumption of alcohol in this area. Discussion ensued as to prior direction of staff to research the present structure of liquor licenses and the possibility of expanding the definition of a Class C license. Judith Cox replied that the various classes of licenses and how they relate to square footage and fees is being researched. She added that Canterbury Inn is already at the largest size issued a license and are paying the maximum fees currently charged. Expanding the license to include the outside area is another policy issue that Council may wish to consider. Discussion ensued relating to consideration on an individual basis and the possible need to amend an Ordinance. Karen Marty replied that the decision to define the space where alcohol is permitted remains with the Council and it is not necessary to amend an Ordinance. Zorn/DuBois moved to expand the on sale intoxicating liquor licenses of MIN Hotel Corporation, 1244 Canterbury Road, to include a 30' x 60' volleyball court, conditioned upon meeting the security provisions of the Chief of Police and that someone is present at the gate when the Winners Nightclub exit door is unlocked. Motion carried unanimously. Paul Bilotta discussed alternatives for the interim MUSA Expansion to close out the Chaska Interceptor Agreement MUSA Land Trade. The alternatives would provide more useable tracts of land for single family development and would provide important sanitary sewer and water connections. Zorn/Sweeney moved to recommend to the Metropolitan Council the approval of the Interim MUSA Expansion/Land Trade. Discussion ensued regarding a temporary lift station. Official Proceedings of the May 7, 1996 Shakopee City Council Page -3- Bruce Loney explained that a positive sotrmwater outlet will be needed for properties in the Blue Lake district when development begins. One solution maybe to put a temporary lift station on a storm water pond to divert most of the water until a positive outlet is obtained. He further commented that the City does not currently maintain any lift stations. His recommendation is that Orrin Thompson would be required to maintain and operate the lift station into perpetuity. Motion carried unanimously. Sweeney/Zorn moved to approve the Final Plat of Orchard Park 2nd Addition, subject to conditions. In response to a question as to why street names change, Paul Bilotta explained that different names are required with each turn of a street. He explained that the issue of street names will be addressed at the next Planning Commission meeting. Cncl. Sweeney expressed concern over street names changing in relation to emergency situations. Zorn/Sweeney moved to amend the motion to include offering Resolution No. 4438, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat For Orchard park 2nd Addition, and moving its adoption. Motion carried unanimously. Motion carried unanimously on main motion as amended. Chief Steininger approached the podium and explained the reasoning for hiring Chris Dellwo at Step 1 and jumping to a Step 3 pay schedule after probation. Discussion ensued relating to setting precedence and whether Step 2 or Step 3 should be granted. Link/DuBois moved to increase Officer Dellwo's compensation to Step 3 of the 1996 Top Patrol Pay Schedule retroactive to January 30, 1996. Motion carried 3-2 with Cncls. Sweeney and Zorn opposed. Mark McQuillan, Park & Rec. Director, approached the podium and discussed recent damage at the Lion's Park Community Youth Center. He explained that the security system has been reviewed and procedures will be reviewed with the last users. He requested permission to proceed with having damages repaired. Discussion ensued relating to the advantage of paying for repairs with the Park Maintenance Fund or the City's Contingency Fund. Official Proceedings of the May 7, 1996 Shakopee City Council Page -4- Sweeney/DuBois moved to direct the appropriate City officials to repair the damages at the Community Youth Center in Lions Park and to allocate funds from the Park Maintenance fund not to exceed $1,900 with the understanding that if the Park Maintenance Fund is short a budget amendment be made to return a certain amount of funds to it. Motion carried unanimously. A break was taken at 8:25 P.M. The meeting re-convened at 8:39 P.M. Zorn/Sweeney moved to remove discussion of the Community Center Walking Track - Handicap Accessibility from the table. Motion carried unanimously. Barry Stock reported that cost estimates have been prepared for a vertical lift and a full height elevator. He asked for Council direction. Discussion followed on the cost of an exterior elevator and what funds available from the Community Center Budget. Barry Stock gave an explanation of the vertical lift elevator and stated approximately $50,000 to $75,000 was available in the Community Center Budget. Gary Morke, 1042 Merrifield, approached the podium and stated that the ADA felt there was sufficient other usage and that he would not have taken action for as few as three people. Discussion ensued relating to City liability in the event of a lawsuit. DuBois/Link moved to direct the appropriate City officials to proceed with the construction of an elevator which would provide handicap accessibility to the walking track and future construction phases with funding to be allocated from the Community Center Construction Budget. Discussion ensued relating to additional funding sources to make up any difference. Motion failed 3-2 with Cncls. Sweeney, Henderson, and Zorn opposed. Sweeney/DuBois moved to direct the appropriate City officials to proceed with the installation of a vertical lift to provide handicap accessibility to the walking track at the community center with funding to be allocated from the TIF Fund and Community Center Construction Budget. Motion carried with 3-2 with Cncls. Link and Zorn opposed. Ron Stellmaker, Recreation Facilities Manager, approached the podium and proposed that the three meter diving platform at the Shakopee outdoor public pool be removed for liability reasons. A tube drop slide is being recommended as a replacement. The 1996 CIP included $10,000 to cover the cost of this improvement. Official Proceedings of the May 7, 1996 Shakopee City Council Page -5- DuBois/Zorn moved to authorize the appropriate City officials to purchase a 184-501J Typhoon slide by Miracle Recreation at a cost not to exceed $5,413.88 with funding to be allocated from the Park Reserve Fund. Motion carried unanimously. Link/Sweeney offered Resolution No. 4430, A Resolution of Special Commendation to Wallace Lureen and move its adoption. Motion carried unanimously. Discussion ensued relating to which department the recommendation for termination of probation status comes from. Zorn/Sweeney moved to terminate Mr. Stellmaker's probationary status. Karen Marty explained that all City staff are employed by the City Council and it is the City Council's decision to hire and terminate probation. Memos can be written by anyone and are forwarded to the Acting City Administrator who forwards them to Council. If a department head disagrees with something in the Council packet he can bring it up. She stated that there was no comment on this issue in the department head staff meeting. Motion carried 4-1 with Cncl. DuBois opposed. DuBois/Link moved that recommendations for termination of probationary status only come from Department Heads. Motion failed 3-2 with Cncls. Sweeney, Henderson, and Zorn opposed. DuBois/Link moved to terminate David Rutt's probationary status. Motion carried unanimously. Sweeney/Link moved to remove discussion of the County Cooperative Agreement for Traffic Signals at the intersection of County State Aid Highway 17 and County Road 78 from the table. Motion carried unanimously. Discussion ensued as to whether the plans included a green turn arrow on the signal. DuBois/Zorn offered Resolution No. 4428, A Resolution Authorizing the Execution of Cooperative Agreement No. TS 96-17/78 with Scott County for the Installation of Traffic Signals at the intersection of County State Aid Highway 17 and County Road 78/Hillside Drive, and moved its adoption contingent upon plans and design including a green left turn arrow. Motion carried unanimously. Mayor Henderson asked if there was anyone in the audience for a specific item. Items 10p), 10r), l0u), and 12c) were moved ahead on the agenda. Bruce Loney reported that Klaas Van Zee, Van Zee Homes has applied for a wetland replacement plan in order to accommodate proposed development. Official Proceedings of the May 7, 1996 Shakopee City Council Page -6- Sweeney/Zorn offered Resolution No. 4436, A Resolution Approving a Wetland Replacement Plan for Van Zee Homes, Inc., and moved its adoption. Motion carried unanimously. Link/Zorn moved to authorize the appropriate City officials to pursue acquisition of the Hauer property located on Vierling Drive for a Fire Station site under the threat of eminent domain. Motion carried unanimously. Bruce Loney reported that Mn/DOT will be installing signals with emergency vehicle preemption systems on the north and south ramps of the bypass with County Road 17 and County Road 83. The City will be responsible for 10 percent of the initial cost to install the emergency vehicle preemption systems. The City is responsible for 100 percent of the electrical costs for the operation of signals once energized. Discussion ensued relating to how the lights are activated and the cost to equip emergency vehicles with the means to activate them. Discussion ensued relating to funding. Chief Huge explained the savings by purchasing preemptive signals now even though they may not be used at this time. He further commented on the importance of replacing the signals at more critical intersections with preemptive systems as the City grows. Mayor Henderson will meet with representatives of the emergency services to discuss needs. DuBois/Link offered Resolution No. 4432, A Resolution Authorizing the Execution of Agreement No. 74811 - Traffic Control Signal, between Mn/DOT, Scott County and the City of Shakopee, and moved its adoption. Motion carried unanimously. The Shakopee Community Arts Council has requested permission to continue its use of city-owned building space at 137 First Avenue. Steve Smith, Acting President Shakopee Arts Council, approached the podium and stated that all members of the Arts Council have agreed to the proposed lease. Discussion ensued relating to liability insurance and City responsibility. Zorn/Sweeney moved to direct staff to explore and work with the Shakopee Arts Council on a lease for City property and to come back to the City Council with a recommendation. Motion carried unanimously. A break was taken at 9:58 P.M. The meeting re-convened at 10:09 P.M. Official Proceedings of the May 7, 1996 Shakopee City Council Page -7- Cncl.Zorn stated that he would like to explore the possibility of contracting legal services instead of maintaining in house legal staff. Zorn/DuBois moved to direct staff to make a survey the legal requirements of the departments, including legal, to determine the number of in-house hours each department uses an in-house attorney for, and to take a serious look at the use of the legal advise that we get from the League of Minnesota Cities. This survey should be completed prior to the budget session on the legal department. Discussion ensued relating to a study for privatizing all city staff and operations. Cncl.Sweeney suggested also looking at what services are provided by in-house legal staff that would probably not be available with out-house legal staff. Cncl.DuBois asked that the research include looking at other cities and how they operate. Jon Albinson, 5240 Valley Industrial Blvd. approached the podium and stated his support for in- house legal council, noting that response times are shorter and asked that staff look at previous bills for outside legal council to draw comparisons. He also said that outside law firms slow things down. Motion carried unanimously. Sweeney/Zorn moved to declare items surplus (as listed in the April 30, 1996 memo from the Finance Director) and directed the City Administrator to sell them. (CC Document #237) Motion carried unanimously. Sweeney/DuBois moved to approve the bills in the amount of $709,402.80. Motion carried unanimously. DuBois/Zorn moved that Mr. Voxland attend the Council Meetings and the approval of bills be placed as early as possible on the agenda. Motion carried unanimously. Sweeney/Link offered Resolution No. 4433, A Resolution Declaring An Urban District On 4th Avenue, From Marschall Road To Shenandoah Drive, and moved its adoption. Motion carried unanimously. DuBois/Link moved to authorize the purchase of the Beuthling B300T vibratory roller compactor from Aspen Equipment Co. of Bloomington, MN, per their quotation of $15,070.82, to be expended out of the Capital Equipment Fund - Street Division. Motion carried unanimously. Official Proceedings of the May 7, 1996 Shakopee City Council Page -8- Zorn/Link offered a motion granting the developer of Westridge Lake Estates an extension of the 12 month time period for approval of the Preliminary Plat by an additional 12 months. Motion carried unanimously. Zorn/Link moved to authorize the appropriate City officials to execute an Agreement with Valley Green Business Park Limited Partnership and Shakopee Public Utilities Commission for the installation of street lights, noting that the City's involvement is that of granting permission on right-of-way. Motion carried unanimously. Judith Cox reported that a committee was established in follow-up to a Council goal relating to "employee/staff incentives/customer service". The results of a survey conducted by the committee indicated that there was some indication that there was interest for and against an employee picnic this year. The committee felt that the picnic should be held this year and that other options would be explored and would be brought before the Council for consideration at a later date. Zorn/Sweeney moved that the committee select a date for the annual boards and commissions and employee picnic for July preferable the second or third week of July. Motion carried unanimously. Discussion ensued as to the point where the City Council should be notified of potential development, suggesting more notification to the Mayor in advance of any public knowledge. Paul Bilotta requested staff direction on the method of hiring a Planner I and the desired time frame. Zorn/Sweeney moved to direct staff to immediately advertise for a Planner I position. Motion carried unanimously. Mr. Loney explained that Enebak, Inc. has requested permission to work beyond the City's Ordinance to expedite the work on the second segment of the Shakopee Bypass Project. Zorn/Link moved to waive the noise prevention section of the City Code for Construction Activities (Section 10.60, Subd. 3D) to allow Enebak, Inc. to construct the Shakopee Bypass and to allow construction activities from 6:00 A.M. to 11:00 P.M., Monday - Saturday, until August 1, 1996 with conditions: 1) approval is contingent upon minimizing noise exposure near residential areas, 2) if excessive residential complaints are reviewed by the City, the variance can be revoked at the discretion of the City Council. Motion carried unanimously. Sweeney/Zorn moved to appoint Mr. Steven Thorpe to the Building Inspector position at Step 1 of the 1996 Clerical Technical and Custodial Bargaining Unit Pay Plan ($31,294.22) effective May 22, 1996 with the customary six probationary period. Motion carried unanimously. Official Proceedings of the May 7, 1996 Shakopee City Council Page -9- Sweeney/Link moved to suggest to the appropriate staff that the hours of the Building Inspector need to be adjusted to meet needs during the building/construction season with a 7:00 A.M. start time. Motion carried unanimously. Sweeney/Zorn moved to schedule a public hearing relative to an Adult Use Ordinance and to direct staff to proceed with a zoning ordinance amendment and to revisit this issue in the future. Motion carried unanimously. Zorn/Link offered Resolution No. 4434, A Resolution Approving Plans and Specifications and Ordering Advertisement For Bids For The 1996 Reconstruction Project No. 1996-2 and moved its adoption. Motion carried unanimously. Bruce Loney explained that in order to lengthen the life of the pavement on 10th Avenue and Swift Street and to drain more effectively, the installation of a storm sewer system and overlaying the pavement are necessary. $130,000 was budgeted in the CIP for the sewer system and $75,000 for pavement overlays in the Street Division Budget. Zorn/DuBois offered Resolution No. 4437, A Resolution Receiving a Report and Ordering Plans and Specifications for 10th Avenue Storm Sewer Laterals, from County State Aid Highway 17 to Shakopee Avenue, Project No. 1996-5 and moved its adoption. Motion carried unanimously. Zorn/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design surveying services for 10th Avenue Storm Sewer Laterals, from County State Aid Highway 17 to Shakopee Avenue, Project No. 1996-5 at a cost not-to- exceed $2,300. Motion carried unanimously. Mayor Henderson reported that six of seven candidates for City Administrator have been interviewed. The final candidate will be interviewed on May 14, 1996. The names of the five finalists will be given to the consultant and background information will be provided to the Selection Committee on the 20th. A letter from the Selection Committee indicating the five finalists will be given to the Council on May 21st . He would like a briefing on the interview format on the 28th, and recommended Saturday, June 1st for Council to interview candidates. Each of the semi- finalists could also be given a computerized test form at a cost of$140.00 per candidate, if Council desired. Mayor Henderson asked for direction or approval for the interview date. There was no objection to the June 1st interview date. Discussion ensued relating to travel and per diem payments for out of state candidates. Sweeney/Zorn moved to authorize payment for travel, lodging and the County per diem rate for candidates of$35.00 per day. Motion carried unanimously. Official Proceedings of the May 7, 1996 Shakopee City Council Page -10- Mayor Henderson suggested relocation expenses may become a consideration when negotiating a contract. DuBois/Zorn moved to direct Mr. Loney to write the County a letter requesting a street light warrant study at the corner of 4th Avenue and CR-83. Motion carried unanimously. Sweeney/Zorn moved to adjourn at 11:27 P.M. to Tuesday, May 14, 1996, at 4:00 P.M. Motion carried unanimously. ItoUA. Ju% - S. Cox C. , Clerk Esther TenEyck Recording Secretary Rc0 Official Proceedings of the May 7, 1996 Shakopee City Council Page -9- Sweeney/Link moved to suggest to the appropriate staff that the hours of the Building Inspector need to be adjusted to meet needs during the building/construction season with a 7:00 A.M. start time. Motion carried unanimously. Sweeney/Zorn moved to schedule a public hearing relative to an Adult Use Ordinance and to direct staff to proceed with a zoning ordinance amendment and to revisit this issue in the future. Motion carried unanimously. Zorn/Link offered Resolution No. 4434, A Resolution Approving Plans and Specifications and Ordering Advertisement For Bids For The 1996 Reconstruction Project No. 1996-2 and moved its adoption. Motion carried unanimously. Bruce Loney explained that in order to lengthen the life of the pavement on 10th Avenue and Swift Street and to drain more effectively, the installation of a storm sewer system and overlaying the pavement are necessary. $130,000 was budgeted in the CIP for the sewer system and $75,000 for pavement overlays in the Street Division Budget. Zorn/DuBois offered Resolution No. 4437, A Resolution Receiving a Report and Ordering Plans and Specifications for 10th Avenue Storm Sewer Laterals, from County State Aid Highway 17 to Shakopee Avenue, Project No. 1996-5 and moved its adoption. Motion carried unanimously. Zorn/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design surveying services for 10th Avenue Storm Sewer Laterals, from County State Aid Highway 17 to Shakopee Avenue, Project No. 1996-5 at a cost not-to- exceed $2,300. Motion carried unanimously. Mayor Henderson reported that six of seven candidates for City Administrator have been interviewed. The final candidate will be interviewed on May 14, 1996. The names of the five finalists will be given to the consultant and background information will be provided to the Selection Committee on the 20th. A letter from the Selection Committee indicating the five finalists will be given to the Council on May 21st . He would like a briefing on the interview format on the y28th, and recommended Saturday, June 1st for Council to interview candidates. Each of the semi— finalists could also be given a computerized test form at a cost of$140.00 per candidate, if Council desired. Mayor Henderson asked for direction or approval for the interview date. There was no objection to the June 1st interview date. Discussion ensued relating to travel and per diem payments for out of state candidates. Sweeney/Zorn moved to authorize payment for travel, lodging and the County per diem rate for the Xfinal candidates of$35.00 per day. Motion carried unanimously. 2 TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: May 16, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 5/16/96 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $4, 972 . 69 . . Included in the attached bill list is the below listed educational reimbursement for employees . Employee Class Cost Gerald Poole Psychology of victims $207 .40 Note: on the last bill list was a bill for Infratech, Inc in the amount of $2, 765 .47 for a piece of capital equipment for the Fire Department . This item is not specified in the 1996 Budget and therefore needed Council action to approve the purchase . The memo from the Fire Department did not make the last agenda and therefore the check was held. The memo should be on this agenda. Action Requested Move to approve the bills in the amount of $497, 574 . 19 . • CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 05/16/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 169 19,277 23 12 CITY ADMINISTRATOR 215,490 6,480 70,509 33 13 CITY CLERK 132,040 7,089 41,617 32 15 FINANCE 307,410 16,014 94,340 31 16 LEGAL COUNSEL 260,030 9,123 59,238 23 17 PLANNING 457,930 11,010 88,330 19 18 GENERAL GOVERNMENT BUILDINGS 132,510 5,247 45,204 34 31 POLICE 1,588,500 99,769 565,251 36 32 FIRE 418,670 11,274 117,592 28 33 INSPECTION-BLDG-PLMBG-HTG 228,930 11,961 67,348 29 41 ENGINEERING 407,760 19,952 117,399 29 _ 42 STREET MAINTENANCE 775,720 17,539 198,784 26 44 SHOP 116,650 4,558 32,545 28 46 PARK MAINTENANCE 304,660 19,649 85,136 28 91 UNALLOCATED 436,340 164 258,032 59 TOTAL GENERAL FUND 5,865,730 239,999 1,860,602 32 17 PLANNING 463,400 460 112,748 24 TOTAL TRANSIT 463,400 460 112,748 24 H 0 to 0 a a 4D1x1xa 1x x04 Ix x �tx el.el.is,04aaaaaaa aaa a a 040404 a a E E E E E E E E E H H H H H H H H H H H H H H H H H H H H H a Cx7 0a a£ D z 0 z Tr W LO 0 U al 1O H et'd'T1' LO u1N In a a% V'V'et'e]'er V'd'd'et'V'V' al U1U1tn LO N O N N N N 0C N N N 01 CA 010101 CA 0101 010101 0101('1 01 U) 010101 01 01 > N N N N CO N N N N 01 01 01 01 01 01 01 01 01 01 C1 10 1.0 l0 Lf) N 01 01 01 01 01 Z 000 O NO O O 0 er e}'el'e1'eN eM et'd'V'd'W Lfl Ul Ul N et' er eY eN eN d' H 0 0 0 O ri O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O CO 0 0 0 0 O O 000 0 Ul0 O O 0 0 000000 0000 1--I ri H N C4 000 0 0 0 0 0 LO Lfl 0 0 LO 0 r1 r1 r1 ri ri ri r1 H rI H H 0 0 0 O O 0 0 0 O 0 E rirIH t` N(rl M H m NNNNNNNNNNN rlrlH ri C1 01rAH ri et' 24 c4 Mm en ri CnL- er cn Ln M01(r1MCIr)r1m('1MM NerN M m CnNN m N C*] er Tr er N d'M V' e' V' er eN d'd'eN et'W et'V'd'W d'er d' V' d' d'VI d' V' d' Q al I l t t I I 1 I 1 I l l l l i l l l l l I t I 1 1 1 1 , I i U£ H H ri N H O O ri rH ri ri ri r1 ri ri ri rI r1 N r1 H H H C1 H H r1 ri eN ri U D H V'01 H H H 01 LO Cr) H Ul N r1 N N M M Ls N Ul U)Ul Lo M H H N ri N N 4Z t`L-N 01 NN 01 H LO CI Cs d'er(r1H 01H r1H NNN e}' m rir1(r1 LO 01 0 0 0 O 0 01 01 0 LO 0 0 0 0 0 0 0 0 0 0 0 O O O 01 0 0 0 0 0 O H z H al 01C.) 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H M d' N CO a' 01 0 H H v' w w w w N r N r N CO 01 a H �t 7t ?t 3t 3t it Xk 2t 7t it 3t 3t 3t it U Z 000000000000000 O A Z Z Z Z Z Z Z Z Z Z Z Z Z A O u. u. w u+ w w u, w u. w u., u. u. w w 40"k Ir 111i, kilitrvY a l IJ1 r, 05/17/96 CONSTRUCTION COMPANY Mr.Barry Stock City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Dear Barry: Re: Lift installation at walking track Shakopee Recreation Center In response to the City Council's request, a detailed budget estimate has been prepared for work related to installation of a vertical lift. If approved, the lift would be installed at the north side of existing stair to serve the walking track. We propose to adminstrate and manage the work, as an amendment to the current consulting agreeement with the City of Shakopee. Based on the estimate and quotes received, we believe that the lift work can be installed for $20,867. A meeting was held on-site with the proposed elevator lift Contractor, the Project Architect and Greystone Construction recently. The purpose of the site meeting was to develop installation details and note any existing conditions which may effect the lift installation. Kevin Whaley, All City Elevator indicates that the lift can be installed to meet the requirements of the State of Minnesota requirements. A copy of the lift proposal,brochure and layout sketch provided by All City Elevator is attached. The manufacturing lead-time for the lift equipment is approximately five to six weeks after an order is place. Installation of the lift would take approximately one week. We would work closely with the Recreation Center manager and Contractors to accomplish this work, while maintaining the operating facility. Sincrerely, Zzl /k Kevin O'Brien President ill 111 ACTION REQUESTED: Direct the appropriate City officials to proceed with the steps necessary for installation of the lift at the Community Center. Re: Lift at Walking Track -- Cost Estimate Shakopee Civic Center Lift,to comply with State of All City Elevator,Inc. 15,484 Minnesota Requirements proposal dated 5/16/96 Lift electrical power work Master Electric Co.,proposal 475 dated 5/14/96 Modify stair handrail to Included in All City proposal 0 accommodate lift. Telephone cable,utilize existing Estimate 250 outside line Painting Estimate 350 Carpet,remove&replace Estimate 400 Clean up Estimate,actual costs plus 240 10% General Conditions,supervision Estimate,hourly rate 1,500 Permit,City of Richfield Estimate,provided by 272 Building Dept. Subtotal -- 18,971 CM fee 4% Per contract agreement 758 Design fee 6% Per contract agreement 1,138 Total 20,867 Post-It"Fax Note 7671 Der. _96 Pages From L ELEVATOR co./Dept. Co. Phone M Phone Maj Fax N uzJ j -Y/9/ Fax+► 7g.S - /(6 O ALL CITY ELEVATOR, INC. 245 Galaxy Drive, Circle Pines. Minnesota 55014 780-63% May 16, 1996 Hr. Mike Parsons Greystone Construction 1221 4th Ave. Rest Shakopee, MN 55379 Subject : Quote to furnish & install one PCDB-94 lift . Dear Mike, All City Elevator is happy to provide our quote to furnish & install one National Wheel-O--Vator model PCDB--96 lift at the Shakopee Recreation Center . Per our discussions this quote includes: - 90 degree unit with clear plexiglass enclosure. - Both doors hinged left. (see attached drawing) - Power door operators on both doors. - Remote surface mount call stations. (code clearance) - 750 lb capacity. - Minnesota package. (wired for telephone) The cutout & modification of the existing handrail is also included in this quote. Items to be provided by others include: * 120 VAC supply & fused disconnect , 20 amps. * Telephone line & telephone. * Paint for touch up of the modified existing hand rail. All City Elevator proposes to furnish & install the above described lift for the total sum of '15,484.00. Our payment terms are forty percent dawn on placement of the order, with the remainder due on acceptance of the installation. If you have any questions please call me at 780-6396. Sincerely, A9'� Kevin M. Whaley President All City Elevator, Inc. cm.+I PNAAT LEA() TIME .5"- 6 W ! "_ A- t k o f.OV14- . 24 hour service. repotr. modernization. consulting M do/K../ c II, ;�_ �'Q k' ti� !� •� I' ` '� 'K'./ 1.I r-,* ' . ry1,, ` r 1 �`I :*-•-•'___ ', t (., -..�.r... 1 /4 " ?5 tib` /4� �, �, : 2x� . �. .,�144�q i NAT �� ," k.— •. ' --, i '�_ ' BUYLINE 6071,_j W e- r. `� i -VAT r¢;, #:,*.._ ,* :THAT! --_.1::::„....i..�I -� FITS . r.. �.' • 1IF ) } MODEL, PCDE ✓ -ry rT -,0-,,,,:;,:,„- t:=---_-7-____.---, , . •, far yn d x i The Model PCDE comes equipped with a fully enclosed runway enclo- 5 4 4t. e — ,� '1�' sure extending 42" above the upper landing. Unlike the 2 gate CDE `4'-'-�' ' 9t (shown below right),this top of the line vertical platform lift is filled with � - ¢i I rIIIIIIIi Rx Iii either clear or tinted acrylic panels to add a"touch of class"to any instal- lation.Every enclosure whether CDE or PCDE is tailored to the exact ver- ; I:III fill tical dimension needed.This insures the best look and perfect fit for eve • R job. Often PCDE's are equipped with an optional extension and roof tolior make this unit suitable for even the most elaborate surroundings. - - dr—« 1/ ,,,,,,....,,, p„.,. - ,t ' 1 ._. , • . . s_A„,1,,,, — _. . .. k Illirlf. _ , , ib . E:4: :, .31,51,11;',:,,k:5'' —4. : ..,...-- , 7n' 0L I 1 uww. a II i - ems-- s a .3i1��.., :_'�:. x,51 - . •. `it,1; , ‘.: ,",.',7-,-.' r , i MODEL CDE - 3 GATE i _ ` _r_ The Model CDE comes in two versions. The 3 gate \— .."...0. 7 r �- " �! ' I (upper, lower and platform) CDE is equipped with a sta- " ' - / " tionary enclosure that extends 6"above the upper landing " ! height. Due to the shortened enclosure,the platform gate is added for passenger safety.This model is typically used , �,4 ,•.,f,a for short rise installations and comes assembled,ready for ;alaiBvfr; � Ns:'1 = �: -.--"-- - installation. The CDE, as with all National Wheel O Vator '� ,014.0,, "40 A ` ,. '� �' `;�� vertical lifts, utilizes a proven powder coat paint for both �tb� �i4 „a-J, i w ..G: -„_r ,:.. , . ., -.. indoor and outdoor applications. �-� '"' �' ` MODEL CDE - 2 GATE The enclosure on the 2 gate (upper & lower) CDE extends to 42"above the lift height allowing for the removal of the platform gate.This version,widely used for taller lift heights, is also a more user-friendly lift due to one less gate to negotiate.The enclosure is constructed with corrosive resistant zinc clad steel panels in a tubular steel frame.All models may be specified with a removable enclosure for ease of installation. 5 05/16/1996 12:36 6127851166 ALL CITY ELEVATOR IPS PAGE 02 C CALL STATIN r 4. 26" i_, b . 5! x39 ' P/.ATF 4RM ck \, nN , ►• OM . v INC. /, 1 1 ' k ) ki • 4 30 p r ; k RA r•• _..•______ SteF5 frorr46r DoWrl 9:\_, kALL STAT 0 N 3 0 i " 4 561 Ii 9y " fto011 10 ftiog POwtt optKATOIC - BOTTOM Lol/C FON E R OPERATOR- re,/ ,x4101 REMOTE CA t2 $rA r/in✓S Ir _SCALE , r 1 , .x MAY 14 '95 15:23 I°1H'=.TEF,' ELECTRIC= 612-890-31395 +5 PAGE 1 ( iA !� � � C=� -•� � = ;rte "' = a : Electric Co. imaismir & Communication Systems May 14, 1996 Greystone Construction, Inc. 1221 East 4th Street, #110 Shakopee, MN 55379 Attn: Mr. Mike Parsons RE: SHAKOPEE CIVIC CENTER LIFT WORK ELECTRICAL BID A complete electrical installation including all labor, material, taxes and permit fees. Install (1) 120 volt, 20 amp circuit from panel P-1 (lower level) to proposed Ventical Lift location. Includes 20 amp disconnect and hook-up of lift, TOTAL QUOTATION $475 Sincerely, . ,) y- Ted Hansen Project Manager TH:sks ELECTRIC DIVISION 12487 Boone Avenue S. COMMUNICATIONS DIVISION Savage, Minnesota 65378 7701 Cahill Road Edina, Minnesota 65410(817 A90-3555 • Fnv NI/')\ nnn n,,n,, MEMO TO: Barry A. Stock, Acting City Administrator FROM: Bruce Loney,Public Works Director3 W SUBJECT: Gorman Street, from 4th Avenue to C.R. 17 DATE: May 14, 1996 MEETING DATE: May 21, 1996 INTRODUCTION: Attached is Resolution No. 4439, ordering an improvement and the preparation of plans and specifications for Project No. 1996-3, Gorman Street, from 4th Avenue to County Road (C.R.) 17. BACKGROUND: On April 16, 1996, the City Council of Shakopee adopted Resolution No. 4404, a resolution receiving a report and calling for a public hearing on the improvement of Gorman Street. The reconstruction of Gorman Street was included in the 1996 Capital Improvement Program and in the 1996 Budget. Gorman Street is the old C.R. 17 in which the County turned it back to the City several years ago. The roadway has not been improved in over 30 years and is in a deteriorated state, with many potholes and breakups and has very poor drainage along the street. This improvement project is proposing to install sanitary sewer replacement, new 12 inch watermain for Shakopee Public Utilities Commission (SPUC), from 4th Avenue to Marschall Road, additional storm sewer catch basins, total street reconstruction with concrete curb and gutter, concrete sidewalk and bituminous trail on either side of the roadway. City staff has also included in the feasibility report, additional street lighting along this roadway with the proposal of installing sidewalk and trail in this area. Staff would request that the City Council bring their feasibility report to the meeting. At the conclusion of the public hearing, if the City Council determines this project should be constructed, attached is Resolution No. 4439 which orders plans and specifications prepared for the project. The main issues associated with this public improvement project is whether or not to reconstruct the street at this time or wait until development proposals are submitted on the undeveloped vacant parcels along this street. The installation of a 12 inch watermain on Gorman Street will complete SPUC's trunk water system in this area and will provide lateral service benefit to vacant parcels. This installation of utilities and reconstruction of the street will complete the infrastructure in this area to allow development to occur. The vacant parcel zoning is B1 on the north side and R3 on the south side next to the Public Works building. Attached also to this memo is an amended feasibility report on the preliminary cost estimates, assessments and assessment roll to include assessing the concrete curb and gutter at 100% to the benefiting properties. In the initial feasibility report, concrete curb and gutter was proposed to be included in the street reconstruction project cost and assessed at 25%. This street has never had concrete curb and gutter, thus the initial installation of concrete curb and gutter should be assessed at 100% and as per Council direction at previous meetings. With assessing the concrete curb and gutter at 100%, the City's share of the project is decreased slightly. The project funding is as follows: FUNDING SOURCE SUMMARY Sanitary Sewer $ 4,207.50 SPUC Trunk Watermain $ 28,366.25 Non-City Assessments $169,596.49 *City Assessments $ 57,623.49 Tax Levy $137.091.90 Total Project Cost $396,885.63 *Estimated SPUC Assessment $ 24,504.00 TOTAL CITY COST (ASSESSMENT & TAX LEVY) $170,211.39 TOTAL SPUC COST (TRUNK WATERMAIN $ 52,870.25 & ASSESSMENT) In the 1996 Budget, the total City assessment and City tax levy budgeted was $200,000.00. Staff will make a presentation of the proposed improvements at the public hearing and discuss the issues with Council in further detail. ALTERNATIVES: 1. Adopt Resolution No. 4439, which orders plans and specifications prepared for Gorman Street as recommended by the amended feasibility report. 2. Adopt Resolution No. 4439, which orders plans and specifications prepared for Gorman Street as recommend by the amended feasibility report and as amended by City Council. 3. Determine that this project should not be reconstructed and deny Resolution No. 4439. 4. Table Resolution No. 4439 for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4439, which orders plans and specifications prepared for this project, as per the amended feasibility report. ACTION REQUESTED: Offer Resolution No. 4439, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Gorman Street, from 4th Avenue to County Road 17, Project No. 1996-3 and move its adoption. BL/pmp MEM4439 GORMAN STREET PRELIMINARY COST ESTIMATE •x. , 41 GORMAN STREET ROADWAY Total Roadway/Storm Sewer/ Sidewalk/Bike Trail Cost $ 178,736.10 Roadway Excluding Curb 8 Storm Cost $ 122,437.60 Plus 10% Contingency $ 12,243.76 Subtotal $ 134,681.36 Plus 25%Engr/Admin. Fees $ 33,670.34 TOTAL EST. ROADWAY COSTS $ 168,351.70 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 25% X $168,351.70 = $42,087.92 GORMAN STREET- CONCRETE SIDEWALK I Sidewalk Cost $ 16,438.50 Plus 10% Contingency $ 1,643.85 Subtotal $ 18,082.35 Plus 25% Engr/Admin. Fees $ 4,520.59 TOTAL EST.SIDEWALK COSTS $ 22,602.94 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% X $22,602.93 = $22,602.93 GORMAN STREET-BIKE TRAIL Bike Trail Cost $ 10,985.00 Plus 10% Contingency $ 1,098.50 Subtotal $ 12,083.50 Plus 25% Engr/Admin. Fees $ 3,020.88 TOTAL EST. BIKE TRAIL COSTS $ 15,104.38 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% X $15,104.38 = $15,104.38 GORMAN STREET PRELIMINARY COST ESTIMATE Ait f r ;v k iAN a r t N I GORMAN STREET- CONCRETE CURB& GUTTER I Concrete Curb&Gutter Cost $ 21,000.00 Plus 10% Contingency $ 2,100.00 Subtotal $ 23,100.00 Plus 25% Engr/Admin. Fees $ 5,775.00 TOTAL EST. CONCRETE CURB&GUTTER $ 28,875.00 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% X $28,875.00 = $28.875.00 GRAND TOTAL SIDEWALK/BIKE TRAIL/CONCRETE CURB& GUTTER ASSESSMENT AMOUNT = $108,670.23 r. ND V V V V V V pV V §V 0 g tcti O O O 8 O 8 ; ii m 50~" N co w N N N c o b S o 0 o N o ' 2 p •p m g s c N n q M N m YD m A w 7i N O Y N n w _ < ' ~t21 ym o f S N S N J „ 2- G , N ,o . an m m •7 •' N O y in m O m O E 5.m ,o b ? Z o a 0 6 ^ C d Ea 0, 3 ? . o O m 0 0 0, 3 04 N V G 8 m' '8 t3 2 rn .2 m O k .3 O o 0 ". c o 21 '. ..4: -. a ? p m N 2. 9, m w 3 ' 8 mr o X - ; - m 3 o m J n o Ifj�9, N y • r m o c, m N 6 9 ; O A 0, O A 0, m . N 3 W `7 rotn w v o n N n 41 0 N S N m w m Oxi 3 c w . 2 N a 3 N a N A ow 6 W y V A p 0 g OD g V j co . 9 w _J S . O ��y y J v A S O v O Oa = CZ w NmzyNN N FNgWg p 3 g' J n O »J n ^ q hE 0 F a O CO a n w ^ »D m m ao N o, O 50 Z 0, g m D c N D c -• D c » D c +m w p . • T. • _ • pc '-0 g 0-2S. D a 'z o11 m 2N - -4ja -I -4X -4d . o O m o a'0 a • R-: 1. 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N w in b V O+ ot 1 t 0 V 8 W m co s. w m - m E n N Iio OD m 8 N O ion N W 90 ?j < cru 01 CD al OND V r fn N N + o, S co P co 9IP 011 8 N W •wN Oo VV 9 'co lo 1920 N pW 1 0 8 CO co A W CO 8 p -w+ p i 1 • • a ^' s 2 imtO V O V CO N r 90 E a b . Oco A w v a O '40- a �• "1 O w V o o w A to v • or 9p tl) 7 V » q6 n a m a to al S• a, .544 S �' N O 0. O O two 8 - V QO ii 7 O in 54 8 8 N 8 iNn 8 P p y II m G » w n A m in o _ c CI V r F 3 V O m V V O N m to m b co 7 q 8 pO O {o pO W co O pO 0 n G o S 9C0 O wa A N O 8 er O Cif Yw b o po CO ND oco N 45 o co N 8 co o, N co.O {o O) m 9P iNT coat b w N 9�o CO CO in CO i j N D N V -i co V N O O N O - fo io N N IN o W coo co co c -& O O 50 w A 5, V CO CO to • bw N V O in to W w N P V N RESOLUTION NO. 4439 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Gorman Street, From 4th Avenue To County Road 17 Project No. 1996-3 WHEREAS, Resolution No. 4404, adopted on April 16, 1996, fixed a date for Council hearing on the proposed improvement of Gorman Street, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, concrete curb&gutter,trail and appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 21st day of May, 1996, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: • Improvement of Gorman Street, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk,concrete curb&gutter,trail and appurtenant work 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement,and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Memo To: Barry A. Stock, Acting City Administrator From: V. Paul Bilotta, Community Development Director Subject: Gorman Street Land Use/Zoning issues Date: May 21, 1996 Introduction: The Public Works Director has requested a brief explanation of some of the changing land use and zoning issues along Gorman Street. Discussion: Currently the east side of Gorman Street and the property directly east of the Public Works yard are both zoned B-1, Highway Business District, however, this could be changing in coming years if development does not occur in this area. In 1995, the Planning Commission reviewed all of the commercial areas in the city and recommended to the City Council that the long term plans for this area change in order to recognize development patterns and City-wide commercial needs. The Planning Commission determined that the area bounded by Gorman, 4th and Marschall Road had not developed as a unified commercial center as the Planning Commission had originally envisioned the area developing but rather had been developed as a series of`trip'-type commercial developments that had already used much of the prime commercial frontage along Marschall Road. The Planning Commission determined that it would be best to locate a larger commercial center at Marschall and the Bypass rather than in this location and therefore, recommended to the City Council that the half of the undeveloped block facing Gorman Street be designated for High Density Multi-Family development (the Marschall frontage remained commercial). The City Council forwarded the land use map to the Metropolitan Council with the Planning Commission's recommendation intact. The other area that changed its long term designation is the vacant land east of the City's Public Works yard. This area is currently zoned B-1 but the Planning Commission felt that this was not the best long term use since the lot does not have any attractive street frontage for commercial purposes. For this reason, the 1995 Comp. Plan designation was also changed to High Density Multi-family. It is important to note that at this time, the Zoning Map is still the primary control on these properties so they can develop commercially. However, if the changes recommended by the Planning Commission are eventually adopted by the Metropolitan Council and the City Council, then at some time in the future, the Zoning Map will be changed to reflect this policy change in the long term plan. is\comm dev\cc\1996\may21\gorman.doc -. -- -- - : _ ___ _ ______ _-..--::-_- _ ,.._.,...„,,,- , . l ;;;--:. ...:----=---'----. ' ,./ _, , ___ ..3t,.._ . , r41- , - 2— z, .. 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I-♦--`iUU UU UU Ut..,,,...,-,c3,0,,,,,,,aJt�V 5r' L,,,J t.+N,.„..:,..U,,C-J b..•__„ :._t' _ C_.i� LL .- i.� ilk Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I )V-% Meeting Date: May 21, 1996 Re: Final Plat of Pinewood Estates Discussion Dale Dahlke of Barrington Corporation is requesting approval of the Final Plat for Pinewood Estates. The subject site is located west and adjacent to Shenandoah Drive and south and adjacent to 4th Avenue. A copy of the May 9, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission was requested to review the Final Plat for substantial conformance with the Preliminary Plat. Upon review the Planning Commission determined the Final Plat to be in substantial conformance with the Preliminary Plat, and has recommended approval to the City Council, subject to conditions. Alternatives 1. Approve the Final Plat of Pinewood Estates, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Pinewood Estates, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Pinewood Estates. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Pinewood Estates, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4440, A Resolution Approving the Final Plat of Pinewood Estates, and move its approval. i:\commdev\cc\1996\cc0521\fppnwd.doc RESOLUTION NO. 4440 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR PINEWOOD ESTATES WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Pinewood Estates on April 9, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Pinewood Estates, described on Attachment 1, attached hereto and incorporated herein is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (7 x $260 = $1820.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of $501.00 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. c) Prior to Final Plat approval, the developer shall provide the City a signed Petition for Public Improvements for Eastway Avenue including a waiver of its rights to a public hearing and to appeal. d) The Homeowners Association Documents shall provide for the perpetual maintenance and payment of taxes on all outlots in this subdivision. The Homeowners Association Documents shall be approved by the City Attorney. e) The developer shall obtain a demolition permit prior to removing the existing structure on the site. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTACHMENT 1 That part of the Northeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying westerly of Prahmcoll First Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. That part of the North 2 rods of the Southeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying westerly of Prahmcoll First Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. The East 2 rods of the West Half of the Southwest Quarter of Section 5, Township 115, Range 22, EXCEPTING therefrom that part lying southerly of the North 2 rods of the East 2 rods of the Southwest Quarter of the Southwest Quarter of Section 5, Township 115, Range 22. Outlot A, Prahmcoll First Addition, according to the Plat thereof on file or of record in the Office of the County Recorder, in and for Scott County, Minnesota. I� Memo To: Shakopee Planning Commission From: Julie Baumann,Planner I Meeting Date: May 9, 1996 Re: Final Plat for Pinewood Estates Site Information: Applicant: Barrington Corporation Location: Adjacent and south of 4th Avenue and adjacent and west of Shenandoah Drive Current Zoning: Planned Unit Development Overlay Zone#8;Underlying zoning is Urban Residential(R-1B) Adjacent Zoning: North: Highway Business/Light Industrial (B1 &I1) South: Urban Residential (R-1B) East: Major Recreation (MR) West: Urban Residential/Agricultural Preservation (R-1B&AG) Comp.Plan: 1980: Commercial/Multi-Family Residential Draft 1995: Single Family Residential Area: 35.51 Acres MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: Che applicant is requesting Final Plat approval for a development consisting of single family residential ots, twin home lots, and townhome lots. The proposed development is located south of 4th Avenue nd west of Shenandoah Drive(Exhibit A). Discussion: The Planned Unit Development Overlay Zone for this development was approved by the City Council on March 19, 1996. The City Council approved Resolution No. 4427, granting Preliminary Plat approval for Pinewood Estates on April 16, 1996. Exhibit B illustrates the proposed Final Plat. The applicant is proposing to develop this project in a single phase. The Preliminary Plat for Pinewood Estates, as approved, proposed 2 lots for the twinhome area north of Pinewood Drive and west of Shenandoah Drive (See Exhibit C). This design allowed for both lots to have right-of-way frontage, as required by the Shakopee City Code. The Final Plat, as proposed, includes areas designated as Outlots C and E. These outlots will be used as the driveways to access the lots to be used for twinhome construction. This change raises the issue of substantial conformance. Normally, nonbuildable outlots are not allowed. The primary issue that arises with nonbuildable outlots is the possibility of tax forfeiture. Along with tax forfeiture, the ownership and maintenance of outlots becomes the responsibility of the city. In this case, the city may be responsible for maintaining private driveways that are of a narrower width than city streets. A condition of approval has been added stating that the Homeowners Association documents shall provide for perpetual maintenance and tax payment for all outlots in this subdivision, and that the City Attorney shall approve these documents. A revision of this magnitude is beyond the scope that staff can determine substantial conformance administratively, due to the policy issue of possible public expenditure with this revision. Therefore, this issue has been brought before the Planning Commission, which has the ability to determine substantial conformance for more significant changes. The Building Official has commented that a Demolition Permit is required prior to removing the existing dwelling on the site. A condition reflecting this comment has been added. Alternatives: 1. Determine the Final Plat for Pinewood Estates to be in substantial conformance with the Preliminary Plat for Pinewood Estates. 2. Determine the Final Plat for Pinewood Estates to not be in substantial conformance with the Preliminary Plat for Pinewood Estates and require the developer to submit a revised Preliminary Plat. 3. Recommend to the City Council approval of the Final Plat of Pinewood Estates, subject to conditions. 4. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 5. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 6. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff does not have a recommendation on Alternative Nos. 1 and 2 (substantial conformance issue), because this is a policy issue for the Planning Commission. If the Planning Commission determines the Final Plat to be in substantial conformance with the Preliminary Plat of Pinewood Estates, staff recommends Alternative No. 3, to recommend to the City Council approval of the Final Plat of Pinewood Estates, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (9 x $260= $2340.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$501.00 per residential lot. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. vii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. c) A waiver of hearing for assessment appeal needs to be executed for Eastway Avenue prior to Final Plat approval. d) The Homeowners Association Documents shall provide for the perpetual maintenance and taxpayment for all outlots in this subdivision. The Homeowners Association Documents shall be approved by the City Attorney. e) The developer shall obtain a demolition permit prior to remove the existing structure on the site. Action Requested: Offer a motion to recommend to the City Council the approval of the Final Plat for Pinewood Estates, subject to conditions, and move its approval. i:\commdev\boas-pc11996\may09pc\tppinest.doc EXHIBIT A • _ 1 1rN . r- �+L sTx . I 1I _. 12 t 1 ¢ 11 u SUBJECT SITE ) • vit. 1 8 i1 lirri7A6,0 IB 1 . ' 1-41 leflaW1 fr :::.3-::!:.p/ '.a.:.:*-.:X.- N :-•-•-yr.w.0-- -IPPT' :'''''''V 7.-::•:::.::-:-K:4, •:?.;,.:.tvi:4.:.:: -I MINN i •::W 4,:mitiiiM:.!--N%<•:: • �-44.....41.%4_ vv :- • ##4, ex`s' A\� v /01,:;:. . �:,,,„grAv Vir .,..40r 4 ' •,,.•':g:;:<»:'.::?:`iii ,;-uto-:}.:. ' // '1:! 1 'Mr • #•,:.:`�\ `•t:"':'`iii�:%l/•/:iir}?ij?.4::fi`` / s R 3 R 1 B 4.444 �� �' • /66 _ /1. , •, '� ,' .,1witiot 1 1 Pi 4' 4.4f�, , 4* .„ .._ .-. c_.,.,,., ,4 e : , i ,A,$0,4, #0,/ II I i ' .7 AV AlikAIL--0#A, e , 1 1 , �� ,� 1>i - '��� I : � - _.� ;�. I1 • & �* ; 1 ' II TT fl4. / �, 4, �-1 I I �- _ / ,11 rI 1 ice i 1 1 _ i \ e / I.., �,'I� • rJM1 1 _� 1 . _ ,/ • - r1�C_ (\e')./. 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YE •4 'T�m.mr�J ., I '� • r I I C a .• 1•r J 1 110.00 . ��.99 -5 INIMINIF i 7S )° 8' )o...; 0 O T ILrO T 11 y 1a e x 1 I e.)r,r 8 v M 140 00 ,• • COM f aa.io I IOIr a' I '"11.1 1 • ,a oo r). ♦ 10 e0 1 ,. .1 r N.00 Y ON • , 101'»'Ir[ ' ---1 Y F :•)..ee 169.69 i )I,.0 1 m.ee s Lo•' 1021.46_ "' :!..11.1::111Z."111,-.*. tl 01'52' 11 til �IOa 0141 01 IN WI?....... N.•. IV. Iu.SM. a X MT11 • td ii : w ,r / ip Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I ',,J Meeting Date: May 21, 1996 r Re: Amendment No. 2 to the Minnesota Valley Health Campus Planned Unit Development Introduction St. Francis Regional Medical Center has submitted an application for an Amendment to the Minnesota Valley Health Campus Planned Unit Development (PUD). The applicant is requesting the following amendments to the original development plans: • to allow the construction of a 5,800 square foot Radiation Therapy and Oncology Center; • to allow signage for the Radiation Therapy and Oncology Center that is similar to the other campus buildings; • to allow for general expansion on the medical campus that would permit general compliance with the approved site plan, so long as the expansions do not exceed the ultimate square footage and parking allotments outlined in the Square Footage and Parking Summary Table. A copy of the May 9, 1996, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve Ordinance No. 452. 2. Do not approve the approve Ordinance No. 452, stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Amendment to the Minnesota Valley Health Campus Planned Unit Development (Alternative No. 1) to allow • the construction of a 5,800 square foot Radiation Therapy and Oncology Center; • for general expansion on the medical campus that would permit general compliance with the approved site plan, so long as the expansions do not exceed the ultimate square footage and parking allotments outlined in the Square Footage and Parking Summary Table; • signage on the west side of the hospital, up to two signs not to exceed a combined total of 200 square feet. Action Requested Offer Ordinance No. 452, and move its adoption. i:\commdev\c61996\cc0521\pud2stfn.doc ORDINANCE NO. 452, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING ORDINANCE NO. 433 , CREATING PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 6, BY AMENDING THE DEVELOPMENT PLAN. WHEREAS, on November 21, 1995, the City Council approved Ordinance No. 433, rezoning the Minnesota Valley Health Campus from B-2 to Planned Unit Development Overlay Zone No. 6; and WHEREAS, the owners of the land described on Exhibit A, now desire to construct a radiation therapy and oncology center, with related signage and parking; and WHEREAS, the original development plan does not specifically allow these changes; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on May 9, 1996, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Planned Unit Development Overlay Zone No. 6 is hereby amended as follows : 1 . A radiation therapy and oncology center may be constructed adjacent to the northwest end of the hospital . 2 . An additional 30 landscaping units shall be installed within Planned Unit Development Overlay Zone No. 6 for this center. 3 . Signage limitations are amended to allow the sign on the west side fo the hospital to be enlarged, not to exceed 200 square feet in area. 4 . Additional expansion of the structures within Planned Unit Development Overlay Zone No. 6 is permitted, subject to strict compliance with the requirements of City Code Sec . 11 . 60, Subd. 8, and general compliance with the Preliminary and Final Development Plans adopted with Resolution No. 4120 . In no event may expansions exceed the parameters specified in the Square Footage and Parking Summary Table . The general character, uses, intent, and design of any expansion must match the character and palette of materials used on the currently existing structures. 5 . All provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified above, in Ordinance No. 433, or in Resolution No. 4120: Section 2 - The Mayor and City Clerk are hereby authorized and directed to execute an amendment to the Development Agreement for the Planned Unit Development . Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: 4.004.21... atre City Attorney Published in the Shakopee Valley News on the day of , 1996 . [16MEMO] -2- 1 • Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I )1a- Meeting !a- Meeting Date: May 9, 1996 RE: Amendment to No. 2 to the Minnesota Valley Health Campus Planned Unit Development INTRODUCTION Resolution No. 4120 approving the preliminary and final development plans for Minnesota Valley Health Campus Planned Unit Development (PUD) was approved by the City Council on November 15, 1994 and Ordinance No. 433, approving amendment No. 1 to the Minnesota Valley Health Campus PUD was approved by the City Council on November 21, 1995 (Exhibit A). The applicant is requesting an amendment to the development plans regarding the addition of a Radiation Therapy and Oncology Center to the medical campus and for general expansion on the campus. DISCUSSION The applicant is requesting the amendment in order to allow the construction of a 5,800 square foot Radiation Therapy and Oncology Center. This structure would be located on Lot 1, Block 1, St. Francis Medical Center. The applicant is also requesting that signage be allowed that is similar to that of the other campus buildings. Signage currently located on Lot 1, Block 1, St. Francis Medical Center includes 2 wall signs measuring 137 square feet each(one sign is located on the west side of the hospital, the other sign is on the north side of the hospital). This signage was approved with the original development plans. Since the Radiation Therapy and Oncology Center is an extension of the existing hospital structure, the additional linear feet from the wall extension may be considered when calculating dimensions for wall signage. Section 11.70, Subd. 10(Signs)of the Shakopee City Code would allow the applicant to have signage on the front of the building (west side of the hospital) equal to one sign, measuring up to a maximum of 200 square feet(ie the current sign could be expanded up to 200 square feet). Per Section 11.70, Subd. 10, signs that are not on the front of the building are limited to one square foot per linear wall foot or a maximum of 100 square feet. The north side of the building already has a sign in place measuring 137 square feet, which exceeds the requirements of the City Code. Therefore, any additional signage would not be allowed. The applicant has submitted permits for signage on the PUD site. These permits have been processed and approved, however the applicant has not submitted the fees for these permits (the outstanding balance amount is $458.25), but has erected the signage on the site. The proposed development plans for the Minnesota Valley Health Campus Planned Unit Development are attached as Exhibit B. Access would be obtained to the Radiation Therapy and Oncology Center via a combination of public roadways (either St. Francis Avenue or Sarazin Street) and internal roadways of the medical campus. The proposed amendment falls within the requirements of the Square Footage and Parking Summary Table (Exhibit C) that was approved for the entire PUD, with the original development plans. As 1 EXHIBIT A The Southeast Quarter (SE1/4) of the Northeast (NE1/4): The North 21.15 feet of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) and the South Half (S1/2) of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4), Section 18, Township 115, Range 22, Scott County, Minnesota. proposed, the plan provides for 25 parking spaces for the Radiation Therapy and Oncology Center, with room to provide an additional 12 spaces. The landscaping requirements of the original development plans do not take into account the proposed addition. Due to this, a condition has been added requiring the applicant to provide additional landscaping to comply with the requirements of the City Code. Ordinance No. 433 requires that the PUD site strictly comply with the approved site plan. The applicant is also requesting that this amendment allow for general expansion on the medical campus that would permit general compliance with the approved site plan and would alleviate the need for City Council approval to make some changes to the site plan. A condition of approval has been added requiring that these expansions shall not exceed the ultimate square footage and parking allotments outlined in the Square Footage and Parking Summary Table(See Exhibit C). ALTERNATIVES 1. Recommend to the City Council the approval of an amendment to the development plans of the Minnesota Valley Health Campus to allow the construction of a Radiation Therapy and Oncology Center, and general expansion on the medical campus, subject to the current conditions, as well as the original conditions of approval. 2. Recommend to the City Council the denial of the an amendment to the development plans of the Minnesota Valley Health Campus to allow the construction of a Radiation Therapy and Oncology Center, and general expansion on the medical campus, subject to the current conditions, as well as the original conditions of approval. 3. Continue the public hearing and request additional information from the applicant and/or staff STAFF RECONBIENDATION Staff recommends the approval of the request for an amendment to the development plans of the Minnesota Valley Health Campus to allow the construction of a Radiation Therapy and Oncology Center, and general expansion on the medical campus (Alternative No. 1), subject to the following conditions of approval, as well as the original conditions of approval. 1. The applicant shall be required to provide an additional 30 landscaping units on the PUD site for the construction of the Radiation Therapy and Oncology Center, subject to the requirements of Section 11.60, Subd. 8 of the Shakopee City Code. Any future expansions on the PUD site will be required to comply with the requirements of Section 11.60, Subd. 8 of the Shakopee City Code. 2. Signage standards of the original approved development plans shall be amended to allow the sign on the west side of the hospital to be enlarged, not to exceed 200 square feet in size. 3. Expansions of the medical campus shall generally comply with the Preliminary and Final Development Plans attached to Resolution No. 4120, provided that said expansions do not exceed the parameters outlined in the Square Footage and Parking Summary Table, unless said expansion is approved by the City Council. The general character, uses, intent, and 2 design shall be required to be of a general character and palette of materials similar to the existing campus structures. ACTION REQUESTED Offer a motion to recommend to the City Council, the approval of an amendment to the development plans of the Minnesota Valley Health Campus to allow the construction of a Radiation Therapy and Oncology Center, and general expansion on the medical campus (Alternative No. 1), subject to the current conditions, as well as the original conditions of approval, and move its approval. i:\commdev\boaa-pc\19961may09pc\pudamstf doc 3 EXHIBIT A ORDINANCE NO 4 3 3, FOURTH=SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND COMMONLY KNOWN AS THE MINNESOTA VALLEY HEALTH CAMPUS FROM B-2 TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 6 . WHEREAS, the owners of the land described on Exhibit A, commonly known as the Minnesota Valley Health Campus, submitted an application requesting rezoning from B-2 to Planned Unit Development; and WHEREAS, notices were duly sent and posted, and a public hearing was held on November 3, 1994, and amendments considered public-hearing on November 9, 1995•,-7at -each of which public - _ hearing all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That the zoning map adopted in City Code Sec. 11 . 03 is hereby amended by rezoning land described on Exhibit A, commonly known as the Minnesota Valley Health Campus, from B-2 to Planned Unit Development Overlay Zone No. 6 . Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. 1 . The following variances are approved: A. Variances from City Ccde Sec . 11 . 38, Subd. 5 . C, regarding front yard setback of 30 feet : A 30-foot variance to the 30-foot front yard setback requirement is approved for the proposed principal structure on Lot 1, Block 1, so that the St . Francis Regional Medical Center may be attached to the Park Nicollet Medical Center (zero setback) . A 30-foot variance to the 30-foot front yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior front lot line . B . Variances from City Code Sec . 11 . 38, Subd. 5 . C, regarding rear yard setback of 30 feet : • `� -- - - - A 30-foot variance to the 30-foot rear yard setback requirement is approved for the structure on Lot 6, Block 1 , so that the Park Nicollet Medical Center may be attached to the St . Francis Regional Medical Center (zero setback) . A 30-foot variance to the 30-foot rear yard setback requirement is approved for the structure on Lot 3 , Block 1, so that the Long Term Care Facility may be connected to St . Francis Regional Medical Center (zero setback) . A 30-foot variance to the 30-foot rear yard setback requirement is approved for the structure on Lot 5, Block 1, so that the Medical Office Building may be attached to the St . Francis Regional Medical Center (zero setback) . _ C. Variances from City Code Sec. 11 .38, Subd. 5 .C, regarding the side yard setback of 20 feet : Three 20-foot variances to the 20-foot side yard setback requirements are approved for Lots 1, 3, 5, and 6, Block 1, so that the Park Nicollet Medical Center, the Medical Office Building, and the Long Term Care Center may be attached to the St . Francis Regional Medical Center (zero setback) . A 20-foot variance to the 20-foot side yard setback requirement is approved for Lot 5, Block 1, so that the Medical Office Building may be constructed with a zero setback from the interior side lot lines . D. A variance to City Code Sec. 11 . 70, Subd. 10, regarding signage allowed within the highway business, office business, and major recreation zones to allow compliance with the Site Signage Plan as proposed with the Final Development Plan for the Planned Unit Development . A variance to City Code Sec. 11 . 81, Subd. 13 .A, regarding required frontage on a public right-of-way, to allow the Medical Office Building on Lot 5, Block 1 to be constructed with a zero setback from the interior front, rear, and side lot lines. 2 . le following requirements regarding right-of-way and street )nstruc :icn shall be required: The applicants shall submit a petition for public imr overnents for the north, south, and east street prc 'ects . 2 '3 . The following quirements regarding land. Aping and wetlands shall ne required: A. The PUD shall comply with the Landscape Plan submitted as part of the Final Development Plan, which conforms to Section 11 . 60, Performance Standards, Subd. 8 . Using the minimum landscaping requirements, the applicant would be required to plant a minimum of 252 units on the PUD site . • 4 . The following requirements regarding easements and operational agreements shall be required: A. Each lot shall have its own water service, and sanitary and storm sewer services. B. All private utility .easements .shall--be shown on a recorded easement . This easement document`nust be approved by the City Attorney prior to recording by the Scott County Recorder. C. The stormwater detention pond shall be covered by a .public drainage easement . D. An access easement shall be required to allow access to Lot 5, Block 1 . This access easement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. E. An operational agreement for the maintenance, parking, landscaping, and other Zoning Ordinance requirements hall be required. This operational agreement shall be reviewed and approved by the City Attorney prior to recording by the Scott County Recorder. 5 . The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B . Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1 . The Preliminary Grading and Drainage Plan; 2 . The Erosion Control Plan; 3 . The Stormwater Management Plan, including the stormwater calculations; and 3 .. <�'tL'.7 �I.4 Y�� t 2:�fT.`;::.ffZ,7/t: ,v^ �a'i $.t5i►7 . :^Y r"' YT31'� Ct'w+� • L'r�1-M6 .r.'fllu "�.�^� '- _- . •;tri-. ._ _ 1 _. .. .. _. '� • 4 . The Final Construction Plans; for all public improvements . C. Approval of the Final Development Plan is contingent upon the approval of the following Utility Plans by Shakopee Public Utilities; 1 . Utility Plan, Phase 1 Initial Buildout ; and 2 . Utility Plan, Phase 2 Expansion. 6 . Unless otherwise noted in the conditions of approval, or modified to get approvals under paragraph 5 above, the Planned Unit Development shall comply with the Preliminary and Final Development Plans attached to Resolution No. 4120 as Exhibit A, labeled, "Site Plan: Phase 1 Initial :... __-Buildout" ; Exhibit B, labeled, "Site Plan: Phase 2 Expansion; Exhibit C, labeled, "Open Space Plan" ; Exhibit D, labeled, "First Floor Reference Plan" ; Exhibit E, labeled, "Second Floor Reference Plan" ; Exhibit F, labeled, "Exterior Elevations" ; Exhibit G, labeled, "Lighting Plan: Phase 2 Expansion Buildout" ; Exhibit H, labeled, "Site Signage Plan: Phase 2 Expansion" ; Exhibit I, labeled, "Landscape Plan" Phase 1 Initial Buildout" ; and Exhibit J, labeled, "Landscape Plan: Phase 2 Expansion" . However, to the extent that Exhibit C to this ordinance is inconsistent with those listed in this paragraph, Exhibit C to this ordinance shall control . 7 . The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Final Development Plan for the Planned Unit Development . Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in a"(,1 . session of the City Council of the City of Shakopee,rJMinnesota, held this ,?/,- day of dal , 1995 . L? Mayor of t \City of Shakopee Attest4---XA.4, ,) . r , City Clerk Approved Is to form: !,� /1)/ / City Attorney Published in the Shakopee Valley News on the day of , 1995 . L- [21CCLJ c i i ..\\ EXHIBIT B ....-----) . ___. • Proposed Parking for Oncology Center . D 4L. 1 1 i e — --, / ..-7--. --7 Future Expansion Area of Oncology Center -- ... —/- I .„ „ „ . , ,, Proposed Oncology Center 17 a •,:,,..,,..,-::..,A, iv"4:-:$\r•-• ix'. .::t F riHww . :1 ! ! HH49e ji 1 ,, , L\ Hospital . 1 i , _-......—.L. 1 _ . _.:7 • .........***7) I :4:41: , ! 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N '1 X k" 00 c N N v1. N L5 c6 U ~ ral • � • U Z '=r: y: U a : w .� ��:.; fi" UZZ . .:i.' ::, y <W 0 ,-1 IV • G: :. H < U a U :A4l:. LVUUV V5 ^;:vim: -, - = < . C •` 0K < v. .. - 7 1. 2 -: lh zv �slib Q. ORDINANCE NO. 452, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING ORDINANCE NO. 433 , CREATING PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 6, BY AMENDING THE DEVELOPMENT PLAN. WHEREAS, on November 21, 1995, the City Council approved Ordinance No. 433, rezoning the Minnesota Valley Health Campus from B-2 to Planned Unit Development Overlay Zone No. 6; and WHEREAS, the owners of the land described on Exhibit A, now desire to construct a radiation therapy and oncology center, with related signage and parking; and WHEREAS, the original development plan does not specifically allow these changes; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on May 9, 1996, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Planned Unit Development Overlay Zone No. 6 is hereby amended as follows : 1 . A radiation therapy and oncology center may be constructed adjacent to the northwest end of the hospital . 2 . An additional 30 landscaping units shall be installed within Planned Unit Development Overlay Zone No. 6 for this center. 3 . Signage limitations are amended to allow up to two signs on the west side of the hospital, not to exceed a combined total of 200 square feet in area. 4 . Additional expansion of the structures within Planned Unit Development Overlay Zone No. 6 is permitted, subject to strict compliance with the requirements of City Code Sec. 11 . 60, Subd. 8, and general compliance with the Preliminary and Final Development Plans adopted with Resolution No. 4120 . In no event may expansions exceed the parameters specified in the Square Footage and Parking Summary Table. The general character, uses, intent, and design of any expansion must match the character and palette of materials used on the currently existing structures. 5 . All provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified above, in Ordinance No. 433, or in Resolution No. 4120 . Section 2 - The Mayor and City Clerk are hereby authorized and directed to execute an amendment to the Development Agreement for the Planned Unit Development . Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1996 . [16MEMO] 2 'DC MEMO TO: Barry Stock, Acting City Administrator FROM: Julie Baumann, Planner I Cid DATE: May 21, 1996 /60 RE: Amendment to Resolution No. 3974 INTRODUCTION On March 22, 1994, the Shakopee City Council approved Resolution No. 3974 (Please see Exhibit A). This resolution granted Final Plat approval of Calvary Addition. Calvary Addition is located south of Vierling Drive and adjacent to Emerald Lane. DISCUSSION Resolution No. 3974 contains a condition of approval which reads "The applicant shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH101 Bypass upon the church and upon the residential areas adjacent to the church site. The maximum nighttime sound level shall be 55 dBA (L10)." Calvary United Methodist Church, which is located within the Final Plat of Calvary Addition, has submitted a letter requesting that the requirement regarding night time sound levels be deleted from Resolution No. 3974 (Please see Exhibit B) and that any applicable securities be refunded. Reasons for this request include the following: • The church currently has a berm in place; • Night time sound levels do not have much impact on the church, since the church is not a night time use (although significant breaks in the sound barrier could potentially escape to the residential areas). City staff has not received any evidence that the subject site meets the night time sound level requirement. However, the berm in place is significant and is approximately as large or larger than other berms in the area. The condition would be satisfied if the church hired a sound expert to demonstrate to the city that the existing berm provides sufficient sound mitigation, but would also have a cost to the church. ALTERNATIVES 1. Approve Resolution No. 4444, A Resolution Amending Resolution No. 3974 approving the Final Plat of Calvary Addition, which will delete the requirement regarding night time sound levels and authorize staff to refund any applicable securities. 2. Do not approve Resolution No. 4444, A Resolution Amending Resolution No. 3974 approving the Final Plat of Calvary Addition. 3. Table action on this request in order to allow staff and/or the applicant time to provide additional information. STAFF RECOMMENDATION This issue is one of a policy nature, therefore staff is unable to make a recommendation. ACTION REQUESTED Offer a motion approving Resolution No. 4444, A Resolution Amending Resolution No. 3974 approving the Final Plat of Calvary Addition, and move its approval. Note: Resolution No. 4444 will be placed on the table May 21, 1996. i:\commdev\cc\1996\cc0521\calvary.doc I a EXHIBIT A RESOLUTION NO. 3974 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR CALVARY ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Calvary Addition on March 3, 1994, and has 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 Calvary Addition, described on Attachment A 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. The developer shall agree to pay for the construction of a 5 foot wide sidewalk along the south side of the Vierling Drive right-of-way, along the northern edge of the plat, at such time as the City constructs the sidewalk. b. The Park Dedication Requirement shall be a cash payment in lieu of park land, and the Park Dedication fee shall be due at the time of release of the Certificate of Occupancy. 3. The applicant shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the church and upon the residential areas adjacent to the church site. The maximum nighttime sound level shall be 55 dBA (L10). 4. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 5. The developer shall be responsible for grading of the plat as shown in the drainage plan. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in o ! : sessiion,of the City Council of the City of Shakopee, Minnesota, held this,Z?r day tof f IXtoc/, 1994. Mayor omn ity of Shakopee Attest: .L C4 . ,4.. City Clerk pproved as to form: H27,j7 City Attorney • ATTACHMENT A That part of the east 23.45 acres of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter all in Section 8, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of HAUER'S 4TH ADDITION, according to the recorded plat thereof, Scott County, Minnesota; thence North 81 degrees 54 minutes 58 seconds East, assumed basis for bearings, along the southerly line of said HAUER'S 4TH ADDITION, 394.00 feet to the point of beginning of the land herein described; thence NOrth 81 degrees 54 minutes 58 seconds East, along said southerly line, 477.50 feet; thence South 0 degrees 25 minutes 22 seconds East 362.61 feet; thence South 80 degrees 34 minutes 40 seconds West 479. 14 feet; thence North 0 degrees 25 minutes 22 seconds West 373.90 feet to the point of beginning. EXHIBIT B 2488 E. Vierling Drive Shakopee, MN 55379 May 15, 1996 Mayor Jeff Henderson & City Councilors 129 South Holmes Shakopee, MN 55379 Honorable Mayor and Councilors, Calvary United Methodist Church respectfully requests the City Council to amend the resolution to delete the requirement for night time sound levels and to return the escrowed money. A berm is in place that is higher than the adjacent properties. It seems onerous to require the sound modeling. Your immediate attention would be appreciated as well as the prompt return of this escrowed money. Respectfully, qixt..414,‘ Cf;614.4-#77 Jennie Dinsmore, Treasurer Calvary United Methodist Church RECEIVED MAY 1 6 1996 RESOLUTION NO. 4444 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3974, APPROVING THE FINAL PLAT FOR CALVARY ADDITION WHEREAS, Resolution No. 3974, Approving the Final Plat for Calvary Addition, was approved by the City Council on March 22, 1994; and WHEREAS, a request has been made by representatives of the Calvary United Methodist Church to amend Resolution No. 3974; and WHEREAS, the Shakopee City Council has heard and reviewed this request and has deemed an amendment to be appropriate. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That paragraph 3 of Resolution No. 3974 is hereby amended to read as follows: "The applicant shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the church and upon the residential areas adjacent to the church site. The maximum nighttime sound level shall be 55 dBA (L10). " BE IT FURTHER RESOLVED, that city staff is authorized and directed to refund any securities related to the deleted requirement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ll TO: Barry A. Stock, Acting City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Employee Health Services DATE: 05 10 96 INTRODUCTION: Council approval is needed to enter into a Health Care Services Agreement under which Scott County would provide City Police Officers with Hepatitis Vaccinations. BACKGROUND: The City is required by law to provide police officers with Hepatitis Vaccinations. Until now, Shakopee Police Officers have been vaccinated by the City of Bloomington cause it was considerably less expensive to go there than to a clinic or hospital. Recently, this service became available through Scott County. Before Scott County can provide this service, however, it is necessary for the City to execute the attached Health Care Services Agreement. ALTERNATIVES: 1. Authorize entry into the agreement. 2 . Do not authorize entry into the agreement. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to enter into the attached health care service agreement with Scott County for the purpose of providing hepatitis vaccinations to Shakopee Police Officers. HEALTH CARE SERVICE AGREEMENT 970531 THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County, " and City of Shakopee, 129 South Holmes Street, Shakopee, Minnesota 55379, hereinafter referred to as "Shakopee . " WITNESSETH: WHEREAS, County, through the Scott County Human Services Department, has the facilities and personnel available to provide health services to specified individuals; and WHEREAS, Police Department of Shakopee has available resources and desires to make use of the health services available from Scott County Human Services . NOW THEREFORE, in consideration of the mutual undertakings and agreement contained herein, the County and Shakopee hereby agree as follows : 1 . Scope of Services Scott County Human Services shall provide health services for the purpose of immunizations . 2 . Consideration and Terms of Payment Consideration for all services performed by County pursuant to this Agreement shall be paid by Shakopee as follows : For the agreement year beginning June 1, 1996, Shakopee shall pay the following fee : Hepatitis B Series : Injection #1 $45 . 00 Injection #2 $35 . 00 Injection #3 $35 . 00 The above-listed fees are for time spent by each employee of the Scott County Human Services Department in providing the services outlined above . Payment shall be made within sixty (60) days of the date such services are rendered to Shakopee' s Police Department by the County. This shall include the vaccine, equipment, documentation, and staff time . 3 . Term of Agreement This Agreement shall be effective June 1, 1996 , and shall remain in effect until May 31, 1997, or until all obligations set forth in this Agreement have been satisfactorily fulfilled or unless earlier terminated by either party, with or without cause, upon thirty (30) days' written notice to Shakopee or the authorized agent of the County. • • 4 . Authorized Agent of Scott County Shakopee is notified of the authorized agent of Scott County as follows : Barbara Harding, Director of Nursing Scott County Human Services Courthouse 300 428 Holmes Street South Shakopee, Minnesota 55379-1375 (612) 496-8520 5 . Indemnity Shakopee shall save and protect, hold harmless, indemnify, and defend the County, its commissioners, officers, agents, employees, against any and all liability, causes of action, claims, loss, damages, or cost and expense arising from, from any professional errors and omissions and/or negligent acts and omissions of the. County in the performance of this Agreement . 6 . Changes The parties agree that no change or modification to this Agreement shall have any force or effect unless the change is reduced to writing, dated, and made a part of this Agreement . The execution of the change shall be authorized and signed in the same manner as for this Agreement . 7 . Entire Agreement It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and Shakopee relating to the subject matter hereof . 2 i • IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. SCOTT COUNTY HUMAN SERVICES BOARD BY: Ralph T. Malz, Chairman DATE: ATTEST: Gary L. Cunningham County Administrator APPROVED AS TO FORM: • Thomas J. Harbinson Scott County Attorney DATE: SHAKOPEE BY: Mayor BY: City Administrator BY: City Clerk DATE: 3 • • i II . POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Ecual Employment Opportunity laws , directives and regulations of Federal , State and Local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363 . Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status , or status with regard to public assistance . Such employment practices include, but are not limited to, the followinc: hiring, u:crading, demotion, transfer, rte,- ' " tment or recruitment advertising, selection, layoff, disciplinary action, termination, rates cf pay or ether forms of compensation, and for training, including apprenticeship . Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resouroes to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Ecua Employment Oppor_unity Policies and Procedures asset forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Ecual Employment Opportunity laws , directives and regulations of the Federal , State and local governing bodies or agencies thereof , including Minnesota Statutes Charter 363 , will be subject to appropriate contractual sanctions . Scott County has designated the Personnel DiYector as the manager of the Equal Employment Opportunity Program. These responsibii ; � s will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State and Local agencies . The Scott County Administrator will receive and review reports on the p--r--- =s of the program. If any employee_ or applicant for employment believes he/she has been discriminated against, please contact the Scott County Personnel Director, Scott County Personnel Department, Room 104 , Scott County Courthouse, Shakopee, Minnesota 55379 , or call ( 612 ) 496-8103 . J, %t .,�iPrX 05- 19 `D � +./ 05-19-95 Gary L . Cunning^am Date -Richard L. Underferth Date Scott County Administrator Chairman, Board of Commissioners ► I MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Cler SUBJECT: Temporary Beer License - C ska/Jonathan Jaycees DATE: May 16, 1996 INTRODUCTION AND BACKGROUND: The City has received an application for a temporary non- intoxicating malt liquor license from the Chaska/Jonathan Jaycees for a softball tournament scheduled for June 1st and 2nd at Tahpah Park. The application and certificate of insurance are in order. (In addition to the normal liquor liability, the City requires that the applicant carry public liability insurance when the license is for sales on public property. ) The City has routinely approved temporary non-intoxicating malt liquor (3.2 beer) licenses for the Shakopee Jaycees for tournaments at Tahpah Park - usually two or three times a year. The Shakopee Jaycees did not apply for licenses in 1995 nor have they applied yet this year. See attached memo from the Chief of Police regarding this matter. RECOMMENDED ACTION: Move to approve the application and grant a temporary non- intoxicating malt liquor license to the Chaska/Jonathan Jaycees for the concession stand area at Tahpah Park for June 1st and 2nd, 1996. If Council concurs with the recommendation of the Chief of Police, Councilmembers should vote in the negative. h\judy\licenses\beertemp.jay TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: Temporary Beer License - Tahpah Park DATE: 05 14 96 INTRODUCTION: The Chaska/Jonathan Jaycees have requested a temporary license to sell beer at Tahpah Park on June 1 and 2, 1996 . BACKGROUND: Section 5 .092 of the City Code allows people to possess beer in a picnic, grandstand, or shelter area of a City park. Over the last few years, consumption of alcoholic beverages at Tahpah Park has become a matter of increasing concern because it is not limited to the sheltered area, because alcoholic beverages are being consumed by people under the age of 21, and because of bad driving in the area that we believe is related to the consumption of alcoholic beverages. In the past, temporary beer licenses to sell beer in Tahpah Park have been issued to the Shakopee Jaycees. No record can be found of any other organization ever being licensed to sell beer there. RECOMMENDATION: The Police Department opposes any expanded permission to sell or consume alcoholic beverages in Tahpah Park. I/c C., MEMO TO: Barry A. Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Purchase of a Hot Water Pressure Washer DATE: May 10, 1996 MEETING DATE: May 21, 1996 INTRODUCTION: Staff is requesting authorization to purchase a hot water pressure washer as identified in the 1996 Budget- Capital Equipment Fund, Shop Division. BACKGROUND: The Shop Division of the Public Works Department has included $6,000.00 in the 1996 Capital Equipment Budget for the purchase of a new hot water pressure washer. The current hot water machine is a Hotsy Model 540 and it was given to Public Works by the Fire Department early in 1995. The machine needed extensive repairs, thus staff did not repair it because of the cost and decided to include a new machine in the 1996 Budget. Up to about five years ago, the City shop utilized a Sioux steam cleaner that was purchased in 1975. This machine has not worked properly and is too old to repair. Both machines have little or no value. This new machine will help keep the City's vehicles and heavy equipment clean and easier for equipment maintenance, by taking off layers of grease and dust collected by every day use. Staff has obtained two quotes for commercial type hot water machines. The quotes are summarized as follows and as itemized in Attachment No. 1: PRESSURE WASHER MANUFACTOR TOTAL PRICE INCLUDING TAX Hotsy Equipment Co. $ 6,267.53 Futura Pressure Washers $ 5,427.24 Both models include electronic ignition,versus standing pilot ignition,and a safety time delay shut down feature and sales tax. Both machines were demonstrated and both performed very well. After the demonstrations and looking at specifications of these machines, the Futura Model #2500/HE40245 has a few more desirable features and is slightly lower in cost than the Hotsy Model 999. Therefore, staff recommends purchasing the Futura based on overall cost and features. ALTERNATIVES; 1. Authorize staff to purchase a new hot water pressure washer Model #8500/HE40245 from M/A Associates, Inc. for a total cost of$ 5,427.24. 2. Authorize staff to purchase a new hot water pressure washer Model Hotsy 999 from Hotsy Equipment Co. for a total cost of$6,267.53. 3. Direct staff to obtain additional quotes. 4. Deny the request. RECOMMENDATION Staff recommends Alternative No. 1. Staff needs Council authorization on purchases of equipment over$5,000.00 per Council policy. ACTION REQUESTED: Authorize the appropriate City officials to purchase a new hot water pressure washer from M/A Associates, Inc., for a total cost of $ 5,427.24, to be funded out of the Capital Equipment Fund- Shop Division. ATTACHMENT NO. 1 SUMMARY OF QUOTES HOT WATER PRESSURE WASHER Hotsy Equipment Co. M/A Associates Model Hotsy#999 Model#8500/HE40245 Base Price $ 5,185.00 Base Price $4,396.00 Electronic Ignition $ 350.00 Electronic Ignition $ 400.00 Safety Time Delay $ 350.00 Safety Time Delay $ 300.00 Shut Down Shut Down Tax 382.53 Tax 331.24 Total Price $6,267.53 Total Price $5,427.24 MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Cler SUBJECT: Application for Tattoo Lic nse - Neverdahl DATE: May 13, 1996 INTRODUCTION AND BACKGROUND: The City has received an application from Scot James Neverdahl for a tattoo license. Mr. Neverdahl desires to work for Linda Kurian, Body Art, 205 South Lewis Street. Ms. Kurian is licensed to perform tattoos. She is in the process of having Mr. Neverdahl added to her insurance policy thereby extending coverage to Mr. Neverdahl, which is a city requirement. Mr. Neverdahl has been investigated by the police department and they have found nothing that would preclude issuing him a license. RECOMMENDED ACTION: Approve the issuance of a tattoo license to Scot James Neverdahl at Body Art, 205 South Lewis St. , conditioned upon proof of the required insurance. h\judy\licenses\tattooap 1k) Memo to: Barry Stock, Acting City Administrator From: Mark McQuillan, Director of Parks and Recreation Re: Part-time Employees in Recreation Department Date: May 5, 1996 INTRODUCTION The Shakopee Community Center has a few part-time Building Coordinators who will exceed seasonal or temporary employee status. Their employment with the City will extend beyond one year. A few of these employees are averaging in excess of twenty or more hours per week. According to the Personnel Handbook,part-time regular employees (averaging 20 or more hours per week)may accrue vacation and sick leave benefits. If the employees average more than 25 hours per week,they are eligible to be included in the City's group insurance benefits. Staff will be looking for direction from the City Council on how to classify these employees. Regular part-time employees averaging more than 14 hours per week may also be subject to joining the Union(or Fair Share). BACKGROUND The Parks and Recreation Department employs people to work a variety of part-time recreation positions. Most of the positions are seasonal or temporary. The City does not pay benefits to those working temporary or seasonal jobs. When the new Community Center facility was built, the idea was not to employ year round part-time staff because the ice arena would only be open for six months of the year. However,the Building Coordinators, for the other part of the building, were overlooked as year round jobs. Does the City Council want to extend benefits to part-time regular Building Coordinators? If so, operating costs at the Community Center will increase. ALTERNATIVES 1. Restrict the part-time regular Community Center Building Coordinator hours to less than 20 hours per week. With this scenario, no benefits are paid to the Building Coordinators. 2. Allow part-time regular Building Coordinators to work more than 20-25 hours and provide them benefits. Estimated costs for benefits: Employee A works an average of 35 hours per pay period(two weeks). Employee B works an average of 45 hours per pay period. Both employees make $7.61 per hour. 80 hours x$7.61 = $608.80 City's PERA @ 4.5% = 27.40 Est. Benefits @ 25% = 152.20 Total per pay period $787.89 {26 pay periods x$179.60 = $4,669.60 per year in additional costs.) 3. Eliminate vacation, sick leave and group insurance benefits for all part-time employees. This would affect the part-time person working at the Police Department. 4. Eliminate vacation, sick leave and group insurance benefits for all future part-time employees but continue benefits for current part-time regular employees. 5. Request more information from staff. STAFF RECOMMENDATION Discuss the matter at the next City Council meeting. ADDENDUM TO ITEM 11E • Memo to: Barry Stock, Acting City Administrator From: Mark McQuillan, Director of Parks and Recreation Re: 11 e. Part-time Employees in Recreation Department Date: May 21, 1996 INTRODUCTION/BACKGROUND AT ITS MAY, 20 1996, MEETING, THE PARKS AND RECREATION ADVISORY BOARD RECOMMENDED RAISING THE REQUIREMENTS FOR RECEIVING CITY BENEFITS FROM 20 HOURS OR MORE TO 32 HOURS OR MORE. PLEASE CONSIDER THE FOLLOWING ALTERNATIVE IN YOUR DISCUSSION. ALTERNATIVE#6 REVISE THE CITY'S PERSONNEL HANDBOOK REQUIRING FUTURE PART- TIME EMPLOYEES TO WORK MORE THAN 32 HOURS BEFORE THEY CAN RECEIVE BENEFITS, EFFECTIVE IMMEDIATELY. RECOMMENDATION ALTERNATIVE#6 ACTION REQUESTED MOVE TO DIRECT THE APPROPRIATE CITY STAFF TO DRAFT A REVISION OF THE CITY'S PERSONNEL HANDBOOK REQUIRING FUTURE PART-TIME EMPLOYEES TO WORK MORE THAN 32 HOURS BEFORE THEY CAN RECEIVE BENEFITS, EFFECTIVE IMMEDIATELY. /// Memo to: Barry Stock, Acting City Administrator From: Mark McQuillan, Chair of Employee Incentive/Customer Service Committee Re: Picnic- Welcoming Luncheon for new Administrator Date: May 9, 1996 INTRODUCTIONBACKGROUND At its May 7, 1996, meeting, the City Council directed the Employee Incentive/Customer Service Committee (EICS)to choose a date for the Employees/Boards and Commissions Picnic. The Committee's choice for the picnic is Thursday, July 24, 1996. WELCOMING LUNCHEON The City is in the process of hiring a new City Administrator. The EICS Committee is recommending a special Welcoming Luncheon involving the new Administrator and City employees. The occasion will give the new Administrator an opportunity to meet all of the employees and provide background of his/her work history, hobbies, managing style and expectations and vision for the City. This event should be held the first day the Administrator arrives to work or the day prior to the first day. The event would be held in the Community Room at City Hall. So not to interrupt the operations of City Hall, half of the employees will come from 11:30 a.m. to 12:15 p.m. and the other half from 12:30 to1:15 p.m. There are seventy full-time employees. FUNDING ALTERNATIVES The City budgets $1,500 for the Memorial Day Event($100) and volunteer/employee appreciation picnic and flowers. In 1995, the City spent $410 for the picnic and $1,000 for the Bloomington Ferry Bridge Opening. The bridge opening was a one time event. The estimated costs for the Welcoming Luncheon will be about $350 (70 employees x $5). 1. Allocate funds for the Employee/New Administrator Welcoming Luncheon not to exceed $350.00. 2. Have a potluck luncheon for the Employee/New Administrator Welcoming Luncheon. 3. Do not have the Employee/New Administrator Welcoming Luncheon. ACTION REQUESTED 1. Move to have the Employees/Boards and Commission's picnic on Thursday, July 24, 1996. 2. Move to allocate funding for the Employee/New Administrator Welcoming Luncheon not to exceed $350.00. / '1367 TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Negotiations For Disposal of Property or Easement DATE: May 15, 1996 Introduction Council authorization for staff to negotiate for the disposal of real property or granting of a permanent easement is requested. Background The city owns approximately 63 acres north of Memorial Park of which about 59 acres are currently leased out for farming. The city has been approached by Scott County Soil and Water Conservation District about selling or granting an easement on the parcel . The object of the District is to improve river quality by taking farm land out of production. Rahr Malting may also have an interest in any possible arrangement with the object of improving river quality. Due to the nature of the transaction, council is requested to authorize staff to negotiate with the parties involved for the sale of or granting of an easement on the land north of Memorial Park. There is virtually no market for selling this land other than to another government agency or a farmer. This parcel is in the flood plain and experiences erosion almost annually. Action Requested Move to authorize staff to negotiate with interested parties for the sale of or granting of an easement on city land north of Memorial Park. MEMO TO: Mayor and City Council I 1 FROM: Barry A. Stock, Acting City Administrator RE: Fire Station Acquisition Negotiating Team DATE: May 16, 1996 INTRODUCTION: Negotiations have commenced with respect to the acquisition of a fire station site on Vierling Drive owned by the Hauer family. Staff would like City Council to select a representative to serve on the negotiating team with the Acting City Administrator. BACKGROUND: Attached is Resolution No. 2607 which establishes a set of property acquisition policies and procedures. In the past, the City has adhered to this policy when individual parcel acquisition has been pursued. The policy provides for the appointment of a Councilmember to serve on the negotiating team. Staff would like to request that the City Council select a representative to serve in this capacity. The City has received a suggested acquisition price from the Hauer family. Once a Councilmember is appointed to the negotiating team, a meeting will be set up with the Hauer's to continue the negotiation process. ALTERNATIVES: 1. Appoint a representative from Council to serve on the property acquisition negotiating team. 2. Direct City staff to proceed in the property negotiation process without a Council representative. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Appoint a representative from Council to serve on the property acquisition negotiating team. RESOLUTION NO. 2607 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE SHAKOPEE ADOPTING A SET OF PROPERTY ACQUISITION POLICIES AND PROCEDURES IT IS HEREBY RESOLVED by the City Council ( City) in and for the City of Shakopee, Minnesota, as follows : 1. It is in the best interest of the residents of Shakopee that a standardized set of policies and procedures be adopted which will treat all parties in a fair, equal and impartial manner in the process of property acquisition by the City. 2 . It is desirable to have a competent third person provide an indicator of property value when the City engages in the acquisition of property rights. In most instances the information will be provided by a qualified property appraiser, whoever under certain circumstances where the property is of limited value the information might ' be provided only by the County Assessor. It may also, under certain circumstances, be desirable to hire a review appraiser that will verify the validity of the appraisal procedures utilized and will review the appraisal or the appraisals for accuracy or errors in judgement. 3 . In order to provide the proper form for the negotiation of the purchase of properties a negotiating team consisting of a member of the City Council, the City Administrator, the Assistant City Attorney, the Community Development Director, and other staff persons or real estate experts as needed, shall function on behalf of the City in the property acquisition process. City Council members shall be appointed on a rotating basis for a term of one year each. The first appointment shall be for the remainder of 1986 and for 1987. • • 4 . All final decisions for the purchase of property will be made by the City after considering the recommendations of the negotiating team. 5. Appraisals and other related information which are obtained for the purpose of negotiating for property acquisition are not considered public information as defined by the Freedom of Information Act and this information will be treated as confidential information. 6 . Any member 'of the City Council or employee or agent of the City who has a'interest in a property under consideration for acquisition shall: a. Abstain from voting, in case of an City Council member, when the proposal is considered. b. Submit a public disclosure of his/her interest in the / er propert Property at the time the y identified for acquisition is officially authorized by the City. 7 . The following procedures will be utilized for the acquisition of property when the property owner is voluntarily selling property to the City: y a. The City will initially authorize Administrator the City and negotiating team to negotiate for the acquisition of a particular parcel of property. b. The City Administrator will submit a report to the City identifying the probable source(s) of funding for the proposed acquisition. c. In those instances where clear title of the property can not be provided by the seller the City Attorney may be directed to conduct a title search of the property. d. The negotiating team will determine the specific procedures to be used for property acquisition and will select the necessary third parties to provide an independent indicator of Property value. e. Once the property value is determined satisfaction of the to the • process of negotiating forothe tacquisitioning teamtof - the Property will begin. f. If the seller of Propert independent appraisalY desires an sellers ex p�nA it shall be done at the se. g. At such time as a mutually acceptable price is negotiated for negotiating team will the Property the report on thepropertyprepare a background draft and will present a ' purchase agreement to the City, h. If itt istnot possible to arrive at a mutually acceptable price the negotiating estill has the option to submit the owners Purchase agreement for the property to the City along with comments by the negotiating team. NI 1 • Cit If the . draft purchasey agrees to the conditions of the agreement it will for rurally be acted upon at a regular meeting. J . Once the purchase the City the City Administrator authorized is the bye responsibleoflier completingwill then be leading the required steps City' s obtaining the valid title to the property, 8 . Under certain the City to acquire circumstances it might be The City will make property by eminent necessary for throughe every reasonable domain (condemnation) . negotiated effort to acquire circumstances this dagreements, however property eminent might not be Possible, under certain theeresof domain process it will When the all concerned Parties. impartiallyCity utilizes the property owner The City protect the toacheces in such a ewand will will pay methodsfairand Y as to use acquisition pre and by owners and tenants, minimize the hardships by owners b Property rights .will t haVerienced surrenderedbred by: been owner until compensation forthe property paid in accordance to be the Laws of the State of Minnesota. property to willebe q with the Constitution andy required to surrender possession No person occupying from the Possession without 90Pydays property noticeis established. City, unless a mutually agreed-upon earlierdate 410 a. The rights of owners and tenants will be provided for under theUniform Relocation Assistance and ROeal Property Acquisition Policies Act of 19 (Uniform Act) . ' ''• The Uniform Act provides for the following: Payment for movi n expenses This will either be flxed payment, dislocation allowancesincluding for actual moving un to $500. 00 costs. � or a Payment Replacement housi n pa ent This may be a payment of un forfor the purchase of a home oro $15, 000. 00 t . 00to allow to provide for aarental ofnt of up to ` a dwelling. F xdd payment in lieu of movin. and exp---sews related The owner of rental payment in property may be eligible for ffixed pa ethe range of £2,500. 00 a �• If she rental lieu ofmoving and related expenses. y property to s. be acquired qualifies for this payment, the • amount of benefit to be received is determined by income received in the two previous tax years. b. In those instances where property is acquired utilizing Federal funds the added requirements imposed by Federal law will also be adhered to by the Housing and RedevelopmentAuthority. Adopted in (4,A.01.4-4) session of the C . t Co the City of Shakopee, Minnesota, held this , , 1986 . --T hyof ifC/� g4)1 / *Ki ' ayor of the City o Shakopee ATTEST: r 4 , Olk.�. City/ Clerk • Approved as o form this ,g____ day of i+ 1986. e City A ' orney • MEMO TO: Mayor Henderson and City Council //•( I FROM: Barry A. Stock, Acting City Administrator RE: Cleaning Service Proposals DATE: May 14, 1996 INTRODUCTION: On April 16, 1996 the City Council authorized the appropriate City officials to seek custodial service request for proposals for cleaning services at the Shakopee Library, Public Works Building, Community Youth Building and minor cleaning at City Hall. Proposals have been received and reviewed. Staff is seeking Council direction at this time. BACKGROUND: One of the City custodians will be retiring effective June 7, 1996. The position vacancy allows the City of Shakopee to evaluate other options for providing continued custodial support. Staff has solicited requests for proposals for contractual cleaning services for the following buildings: City Hall, Shakopee Library, Community Youth Building and the Public Works Garage. Cost quotations were submitted by the following firms: 1. Pride of the Twin Cities, Inc. - $1,128.00 per month 2. George's Cleaning Service - $1,316.00 per month 3. Vernco Maintenance Inc. - $1,373.00 per month Upon reviewing the quotations, staff is recommending that the appropriate City officials be authorized to execute a cleaning service agreement by and between Pride of the Twin Cities, Inc. and the City of Shakopee for cleaning services at the Shakopee City Hall, Shakopee Library, Shakopee Public Works Building and Shakopee Community Youth Building. The annual cost for the cleaning services equates to $13,536.00. The annual cost associated with a full time permanent custodial position in 1996 was budgeted at $25,430.00. (Wages and benefits.) Proceeding with the recommended course of action will result in an annual savings of approximately $11,894.00. The duration of the proposed agreement would be one year with a one-year renewal provision. Pride of the Twin Cities, Inc. is the current contractor providing cleaning services at the Shakopee Community Center. Staff has been pleased with the level of services provided at the Community Center. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an agreement by and between Pride of the Twin Cities, Inc. and the City of Shakopee for municipal building cleaning services. 2. Select a different contractor to perform the municipal building cleaning services. 3. Table action pending further information from staff. STAFF RECOMMEENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute an agreement by and between Pride of the Twin Cities, Inc. and the City of Shakopee for municipal building cleaning services. 111. To:Barry Stock,Acting City Administrator From:Mark Huge, Shakopee Fire Chief Regarding: Completion of Brush/Grass rig Date: 5/8/96 Introduction: Brush/Grass rigs are pickup trucks outfitted with water tanks, pumps, hoselines and tools. These trucks are used by the Fire Department to access brush and grass fires in off-road areas the larger, heavier apparatus cannot reach. These vehicles are very versatile and have also been used to access difficult and hard to reach structures and to assist in rescues in these areas. Background: The 1985 Chevrolet grass rig(9571)is due for replacement this year.This 1985 grass rig will be converted to a utility vehicle. We will remove the current 1973 Chevrolet utility vehicle from service. Heavy rust and frequent mechanical problems have proven this unit to be very unreliable. The replacement grass rig is a$35,000 line item in the 1996 budget. A new Chevrolet pickup truck has been acquired through the Hennepin County Bid process for$19851.80 This was delivered on 4/19/96. Radio equipment for the new grass rig has been purchased for$735.00. Two bids for outfitting the new pickup with the appropriate equipment have been received. One from Custom Fire Apparatus,and one from Danko Emergency Equipment. The totals for the two bids are as follows: 1. Custom Fire Apparatus: $16,740.00 This includes: -Tank -Pump -2 x high pressure hose reels -1 x 1 1/2"preconnected hoseline crosslay -Pump control panel -Enclosed Equipment Compartment -Electrical package(lights,siren,wigwag headlights,battery isolator) -Pickup box guard 2. Danko Emergency Equipment: $8,368.80 This includes: -Tank -Pump -1 x high pressure hose reel -1 x 1 1/2"pump discharge Bid number 1 from Custom Fire Apparatus meets all bid specifications and will provide a finished ready to use vehicle. Bid number 2 from Danko Emergency Equipment does not meet the bid specifications and would require further purchases of equipment. Alternatives: 1. Award the bid for outfitting the Chevrolet pickup to Custom Fire Apparatus for$16,740.00. This meets all bid requirements. 2.Do not award the bid to either manufacturer. Recommendations: We recommend awarding the bid to Custom Fire Apparatus for$16,740.00. This will bring the total cost of the unit(including the truck purchase through Hennepin County)to$37,326.80. This is$2,326.80 over budget. This will provide a brush/grass rig which will be appropriate for its intended use by the Fire Department. I To: Barry Stock, Acting City Admii istration From: Mark Huge, Fire Chief '. Re: Gas Monitor purchase Date: 05/05/96 Introduction: The Shakopee Fire Department is frequently called to various hazardous gas/vapor alarms or incidents. These include Carbon Monoxide (CO) and Sulfur Dioxide(SO2). In order to determine the proper course of action it is necessary to identify the gas and determine its concentration. We also respond to other calls where it is necessary to enter hazardous environments such as low oxygen content or high explosive hazard. In these situations we need to monitor the atmosphere to determine what equipment and precautions must be taken per department protocol and OSHA requirements. An electronic gas monitor is the most efficient way to quickly and safely assess these situations. Background: After evaluation of several gas monitors the Infratech Four Gas Monitor was chosen to be purchased. We utilized the system for several months to evaluate it. Due to the amount of use the monitor received during the evaluation it became invaluable to us and we required the accessory kit also. The accessory kit is $870.47. The purchase price for the complete Infratech unit with the necessary accessories is $2765.47. The unit has been operating satisfactorily for us. Recommendations: The Infratech unit meets our requirements and has proven extremely valuable. We recommend that we pay the invoice for the Infratech Four Gas Monitor for the amount of $2765.47. We have the funds in the 1996 operating budget. MEMO TO: Shakopee City Council /te FROM: City Administrator Selection Committee RE: Final Candidates DATE: May 16, 1996 In accordance with Resolution No. 4429, the City Administrator Selection Committee is forwarding the following five final candidates for the position of City Administrator: Mr. Gary Berger Mr. John Olson Mr. Walter Fehst Mr. Mark McNeill Mr. Thomas Melena All of the above candidates meet the requirements established by the Council, and have been personally interviewed by the committee. Each candidate has been notified by the committee that they are a finalist and informed that Council interviews will be held on Saturday, June 1st. 0. e / /op1 Memo To: Barry A. Stock, Acting City Administrator From: V. Paul Bilotta, Community Development Director Subject: Planner II Hiring Date: May 21, 1996 Introduction The City Council authorized the appropriate City officials to take the necessary steps to fill the Planner II position for the Community Development Department. Background On Wednesday, May 15, 1996, interviews were conducted for the four final candidates for the Planner II position. The interview team consisted of the Acting City Administrator, the Public Works Director and the Community Development Director. Consensus was reached with respect to the preferred candidate. At this time, staff is recommending that Mr. Michael Leek be appointed to fill the Planner II position effective beginning on June 10, 1996. Mr. Leek is currently an Associate Planner with the City of Prior Lake. He has also been the City Planner of Minnetrista, the Economic Development Coordinator of Brown County and has held other planning and economic development positions with the Metropolitan Council, St. Louis Park and Fridley. Mr. Leek has a Bachelor of Arts degree (cum laude) from Augsburg College in Metro/Urban Affairs and a Juris Doctor from the William Mitchell College of Law. Mr. Leek has agreed to accept the position at Step 4 of the Non-Union 1996 Pay Plan for the Planner II which is an exempt position, at $39,487 with a step increase to $40,584 at the successful completion of the customary six month probationary period. Alternatives 1. Appoint Michael Leek to the exempt Planner II position classification at Step 4 of the Non-Union 1996 Pay Plan ($39,487) with a step increase to $40,584 at the successful completion of the customary six month probationary period, effective June 10, 1996, subject to the successful completion of the City's pre-employment physical requirements. 2. Do not fill the full time Planner II position at this time. Recommendation Staff recommends Alternative No. 1. Action Requested Appoint Michael Leek to the exempt Planner II position classification at Step 4 of the Non-Union 1996 Pay Plan ($39,487) with a step increase to $40,584 at the successful completion of the six month probationary period, effective June 10, 1996, contingent on the successful completion of a pre-employment physical. i:\commdev\cc\1996\may21\pland.doc MEMO TO: Mayor and City Council iiN FROM: Barry A. Stock, Acting City Administrator RE: July 5th- City Hall Closure DATE: May 16, 1996 INTRODUCTION: This year the 4th of July falls on a Thursday. A large number of employees have asked for July 5th off for vacation purposes. Staff would like to inquire whether or not City Council would consider officially closing City Hall on July 5th. BACKGROUND: In anticipation of a large number of vacation requests for July 5th, staff has polled City Hall employees to determine the number of employees who are planning to work on July 5th. Only three full time employees have indicated a desire to work. If City Council wishes to remain open on July 5th, department heads can deny vacation requests to insure that an appropriate level of staffing services are available on July 5th. This course of action will undoubtedly create hard feelings. In the past, when a similar situation has occurred with a major holiday of this type, City Council has chosen to close City Hall. While the building is officially closed, those employees who do not choose to take a vacation day are allowed to work. Due to the limited amount of traffic expected on July 5th, staff is recommending that City Hall be closed for business on July 5th. ALTERNATIVES: 1. Move to close City Hall for business on July 5th. 2. Remain open for business on July 5th. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to close City Hall for business on July 5th. MEMO TO: Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Fire Station Architect Selection DATE: May 10, 1996 INTRODUCTION: On May 9, 1996 a committee comprised of the Acting City Administrator, Mark Huge, Mary Athmann and Cletus Link interviewed architects for the Shakopee Fire Station Project. The committee unanimously has endorsed the selection of Boarman, Kruss, Pfister, Ruden and Associates, Inc. (BKPR)for this project. BACKGROUND: Last month, formal requests for proposals were solicited from four architectural firms that have experience in constructing fire stations. The following firms were interviewed on May 9th: 1) JEA Architects, 2) Tushie Montgomery Associates, 3)BKPR and 4)HTG Architects. Each of the architects interviewed have excellent qualifications and experience. The team interviewed each architect and entertained responses to a series of questions. The committee has unanimously endorsed the selection of BKPR for the following reasons: 1. Most extensive fire station experience. 2. Willingness to negotiate fee if a similar design is selected from a previous project that the architect has completed. 3. Construction administrator included in design services. The construction administrator provides field observation, scheduling, coordination and execution of the intent of all documents through construction completion. None of the other architects interviewed offered this service. 4. In-house structural, mechanical and electrical engineers. Upon interviewing the architectural firms, and discussing the need for construction management services with each of the architects, the committee believes that given the size of this project that it may be more cost effective to proceed with a traditional general contractor approach for this project. The committee felt comfortable that with the large amount of previous fire station experience possessed by BKPR and the construction administrator component of their proposal. Given the size of this project, it is uncertain whether any economies of scale could be achieved by utilizing a construction manager. If City Council endorses the committee's recommendation, the architect will immediately begin to meet with the appropriate City staff to complete a space needs assessment. This process will be followed by the development of conceptual design options. Formal design direction will then need to be completed. Upon completion of the formal design, a series of cost estimates will be established. If the cost estimates are within the budget parameters set by City Council, the conceptual design, schematic design, site plan, floor plan and building elevations will be utilized to prepare referendum literature to be distributed to the public. If the referendum passes, the architectural firm will then move into the final design phase. Construction documents, plans and specifications will then be developed so that bidding can take place early in 1997 which will provide for the construction of the facility next Spring. ALTERNATIVES: 1. Authorize the appropriate City officials to retain the services and execute documents as needed for architectural services to be provided by Boarman, Kruss, Pfister, Ruden and Associates, Inc. 2. Select on of the other architectural firms to complete the design services for the Shakopee Fire Station Project. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize theappropriate officials to retain the services and execute documents as needed City for architectural services to be provided by Boarman, Kruss, Pfister, Ruden and Associates, Inc. i ) p Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I Meeting Date: May 21, 19956 Re: Request for Time Extension to Record the Final Plat for Stonebrooke 2nd Addition INTRODUCTION The City has received a request from Laurent Builders, Inc. (Please see Exhibit A) to extend the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. The applicant requested and received an extension of an additional 180 days in which to file the plat in December of 1993, December 1994, June 1995, and December 1995. BACKGROUND On July 20, 1993, the City Council approved the Final Plat for Stonebrooke 2nd Addition. City Code Section 12.03, Subd. 4.F states, `If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notes the Scott County Recorder/Register of Titles". The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Final Plat itself. ALTERNATIVES 1. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke 2nd Addition by an additional 180 days. 2. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke 2nd Addition by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for Stonebrooke 2nd Addition, and require the developer to resubmit the plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion granting the developer of Stonebrooke 2nd Addition an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office, and move its approval. i:\conundev\ecU 996\cc052 I\exsbk2 nd.doc LAURENT BUILDERS. INC. 4459727 P. 01 EXHIBIT A AAL The Laurent Building LAURENT Corporate Office 128 South Fuller Street,Shakopee,MN 55379 BUIL D e R s,Ai N G. (612)445-6746 . RECEIVED May 17, 1996 MAY 7 1996 Ms.Julie Bauman City of Shakopee 129 Holmes Street Shakopee,MN 55379 VIA FAX Dear Ms.Bauman: As you probably know,we have not yet recoXded the final plat of Stonebrooke 2nd Addition. We are getting near the point where We will be doing so,but not before the June 5,1996 deadline. Therefore,we respectfully request a 180 day time extension for doing so. Thank you for your consideration. Please all should you have a need to discuss this. Sincerely, • • Gary L.Laurent President GLL;at • BUILDERS• DEVELOPERS 131 *0001742 );). (L) EXPLANATION TO ORDINANCE NO. 451 ORIGINATING DEPARTMENT: Law Department PURPOSE: To restrict indecent conduct . REMARKS: The Police Department has requested a new ordinance to deal with sexual solicitations in a City park. At this time of the year our parks are used increasingly by families and children, and certain behavior is inappropriate around them. Although the Police have attempted to restrict sexual solicitations through use of the disorderly conduct ordinance, this ordinance will give them a more direct and more easily enforceable alternative. ALTERNATIVES: 1 . Adopt Ordinance No. 451 . 2 . Amend Ordinance No. 451, then adopt it . 3 . Do not adopt Ordinance No. 451 . ACTION REQUESTED: Offer Ordinance No. 451, an ordinance amending City Code Chapter 10, Public Protection, Crimes and Offenses, by adoption one new section relating to indecent conduct, and move its adoption. Submitted by: City Att rneyN -- (1/ [13 MEMO] • ORDINANCE NO. 451, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 10 , PUBLIC PROTECTION, CRIMES AND OFFENSES, BY ADOPTING ONE NEW SECTION RELATING TO INDECENT CONDUCT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 10, Public Protection, Crimes and Offenses, is hereby amended by adopting one new section, which shall read as follows : SEC. 10 .49 . INDECENT CONDUCT. Subd. 1. Sexual Conduct. In any place open to the public, no person shall engage in, offer, or attempt to engage in sexual conduct as defined in City Code Sec . 5 . 70 . Subd. 2 . Indecent Solicitation. In any place open to the public, no person shall engage in or solicit another to engage in conduct that involves the touching of the genitals, buttocks, or female breast for the purpose of sexual arousal, gratification, annoyance, or offense . Subd. 3 . Indecent Behavior. In any place open to the public, no person shall engage in, offer or attempt to engage in, or congregate because of behavior, whether by words or acts, of a nature to outrage the sense of public decency. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 10 . 99, Violation a Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley Ne ' on the day of , 1996 . [13MEMO] MEMORANDUMJO )02 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL Ai FROM: Karen Marty, City Attorn 4j, DATE: May 16, 1996 RE: City Speed Limits BACKGROUND: For some time the City has struggled with excessive speed limits on a number of developed streets. Research into speed limits this winter revealed that the City can set the speed limit at 30 miles per hour in all areas where a road meets the state law definition of "urban district" . All streets in the developed portion of Shakopee meet this definition. The attached resolution will designate all streets, for speed limit purposes, west of County Road 83 and north of the bypass as an "urban district" . This will allow Public Works to replace speed limit signs on all City streets with 30-mile-per- hour signs . State law requires that a copy of the resolution be sent to the state 10 days prior to erecting any new signs. The City' s authority to establish speed limits is limited to city streets, municipal state aid streets and town roads. County and state roads are exempt . However, this resolution does show the City' s intention to lower speed limits throughout our developed area. The County can be asked to consider the City' s concerns and lower speed limits on County roads . ALTERNATIVES: 1 . Adopt Resolution No. 4443 to declare an urban district in order to establish the speed limit . 2 . Modify the area covered by Resolution No. 4443 , then adopt it as amended. 3 . Do not adopt Resolution No. 4443 . 4 . Direct the Acting City A ministrator to send a copyof this Resolution to the County Administrator, requesting consideration of lowering speed limits on County roads to match City streets . 5 . Do not request the County to lower speed limits. ACTION REQUESTED: 1 . Move to adopt Resolution No. 4443 , declaring an urban district in order to establish speed limits. 2 . Move to direct the Director of Public Works to transmit a copy of this resolution to the Commissioner of Public Safety, and wait at least 10 days thereafter prior to erecting or replacing any speed limit signs. 3 . Move to direct the Acting City Administrator to send a copy of this Resolution to the County Administrator, requesting consideration of lowering speed limits on County roads to match City streets . [16 MEMO] -2- RESOLUTION NO. 4443 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DECLARING AN URBAN DISTRICT IN ORDER TO ESTABLISH SPEED LIMITS. WHEREAS, Minn. Stat . Sec . 169 . 14 , Subd. 5b authorizes a City to declare City streets to be "urban districts" ; and WHEREAS, the speed limit for "urban districts" is prescribed in Minn. Stat . Sec . 169 . 14 , Subd. 2 (1) as 30 miles per hour; and WHEREAS, in order to be an "urban district" the street must be at least a quarter-mile in distance, built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more; and WHEREAS, this definition matches a large portion of Shakopee, as described below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That an urban district is hereby declared to include all streets located west of County Road 83 and North of the southern bypass (future State Highway 101) . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: i/j:L • Aile/,'L`ff City Attorney [16 MEMO] #/c C, MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne0 DATE: May 21, 1996 RE: Cable Franchise Agreement Amendment BACKGROUND: At the City Council meeting of April 2, 1996, the City Council moved to direct the appropriate City officials to prepare an amendment to the Cable Franchise Ordinance incorporating a wire competitor clause and continuing the deferrals through October 26, 2002 . The attached ordinance makes these two changes . Although Paragon Cable has been contacted to seek their review and approval, they have not yet had a chance to respond. ALTERNATIVES : 1 . Adopt Ordinance No. , 453, amending the cable franchise ordinance. 2 . Do not adopt Ordinance No. 453 . 3 . Table Ordinance No. 453 until we receive a response from Paragon Cable. RECOMMENDATION: Move to table Ordinance No. 453 until we receive a response from Paragon Cable. [20memo] ORDINANCE NO. 453 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING ORDINANCE NO. 100, THE CABLE COMMUNICATION FRANCHISE ORDINANCE, AS AMENDED BY ORDINANCE NO. 308, BY REPEALING SECTION 16, MODIFICATIONS, AND ENACTING TWO NEW SECTIONS RELATING TO MODIFICATIONS AND TO COMPETITION. WHEREAS, the City Council adopted Ordinance No. 100, which became effective on September 7, 1982, granting a cable television franchise; and WHEREAS, the City Council adopted Ordinance No. 344, which became effective on March 15, 1991, amending the deferral section of Ordinance No. 100; and WHEREAS, the City Council wishes to further revise the former deferral section, which is now termed Modifications, and also adopt a new section relating to competition. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That the Cable Communication Franchise Ordinance, Ordinance No. 100, is hereby amended by deleting Section 16, Modifications, and adopting one new Section in lieu thereof, which shall read as follows : 16 . 01 . Public Access. In lieu of Grantee' s obligation to provide public access and local programming equipment, support and funding as set forth in Section 5 . 05 of this Franchise and Form K of Grantee' s proposal and as fulfillment of those obligations for a five year period of time commencing with the effectiveness of this Section, an Agreement shall be entered into between Grantee and the shakopee Community Access Corporation ("SCAC") acceptable to SCAC which acknowledges fulfillment of local access and other local programming support to the satisfaction of SCAC on terms and to the extent set forth in the Agreement . All obligation sin Section 5. 05 of this Franchise and Form K of Grantee' s proposal regarding access and local programming support, to the extent not required under any Agreement between the Grantee and SCAC pursuant to this Section, are, upon receipt by the City of report from SCAC that a satisfactory Agreement, as authorized herein, has been entered into, are hereby deferred until October 26 , 2002 April 1 1996, unless, upon execution of an additional Agreement between Grantee and SCAC, City determines to extend this deferral until some later date. In the event the deferral set forth herein is not extended by City, all obligations of Grantee set forth in Section 5 . 05 of this franchise and Form K of the Grantee' s proposal shall be in full force and effect and enforceable upon Grantee as of October 26 , 2002 April 1, 199C . All obligations set forth in this Section 16 . 01 are expressly conditioned upon Grantee 4 providing Certificate of Insurance or other evidence satisfactory to City that Grantee has insured SCAC and City for broadcaster' s liability and other general liability related to the public access commitment set forth in this franchise and an Agreement between SCAC and Grantee as well as replacement Insurance in a form and manner acceptable to City covering all public access programming equipment and studios which are the subject of this Franchise or any Agreement between SCAC and Grantee. 16 . 02 . Institutional Network Deferrals . All unmet obligations, as of October 26 , 2002 April 1, 1991, set forth in Section 5 . 03 of this Franchise and Grantee' s Proposal regarding institutional network capacity and services, are hereby deferred until October 26 , 2002 April 1, 100G. Grantee shall be allowed, during the term of deferral set forth herein, an annual maintenance fee of $1000 . 00 per activated channel (up and down) pursuant to that Annual Lease entered into by the affected institution and Grantee. The maintenance fee shall not exceed $1000 . 00 per year during the five-year deferral set forth herein. Note : The 3trickcn language is deleted; the underlined language is inserted. Section 2 - That the Cable Communication Franchise Ordinance, Ordinance No. 100, is hereby amended by adopting one new Section relating to competition, which shall read as follows : 4 . 12 . Competition. A. Any additional or subsequent franchises granted to cable or non-cable companies why may compete with the Franchisee within the City limits will be granted only on the same terms and conditions as this Franchise and shall not contain less burdensome or more favorable terms than those imposed on Franchisee by this Franchise. B. The City and Franchisee agree that all regulations to which Franchisee is subject, including but not limited to those set forth in this franchise, are effective against the franchisee only if such regulations are applied as well to any and all wired competitors of the Franchisee within the City limits. For purposes of this subsection, wired competitor shall include any multichannel video provider which uses wires, coaxial cables, optical fiber or other similar technology and places or attaches such wires, cables or fibers on public property or public utility facilities . This definition of wired competitor would not include a Satellite Master Antenna Television System located wholly on private property within a building. Any regulation enforced by the city upon Franchisee which is not also imposed upon Franchisee' s wired competitors, shall be void as to Franchisee. C. Notwithstanding the effect of anything set forth in this Section 4 . 12, the existence of a wired competitor shall not relieve Franchisee of an obligation to provide the annual minimum franchise fee and public access channels as set forth in this Franchise Agreement . Section 3 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 4 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1996 . [2 0memo] X130. . May 21, 1996 Dear Mayor Henderson and City Council Members: In accordance with the City personnel policy please accept my resignation effective May 21, 1996. The City personnel policy requires a two week notice. However, given the City's position with respect to the City Administrator selection process, I feel that a thirty day notice will provide for a more orderly transition and not adversely impact projects that are underway. I have thoroughly enjoyed my tenure with the City and will miss the friendships that I have developed over the years. Shakopee is a great community and has much to offer! Si erely, Ba A. Stock Acting City Administrator RESOLUTION NO. A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DESIGNATING THE ACTING CITY ADMINISTRATOR WHEREAS, from time to time the City Administrator is unavailable to perform his duties; and WHEREAS, the City Council desires to establish a list of employees who may act as Acting City Administrator. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the individuals in the following positions are authorized to fulfill the duties of the City Administrator when the City Administrator is unavailable : 1 . Assistant City Administrator 2 . 3 . 4 . The individual in each position shall be authorized in the order and ranking indicated above. BE IT FURTHER RESOLVED that Resolution No. 4084, Designating the Acting City Administrator, is hereby repealed. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney