HomeMy WebLinkAbout05/22/1984MEMO TO: Mayor and Council
ER0.M:. b-hn. K.. AndPrsnn., C'Ji tv Admi-ns_
RE: Public Utilities For Woman's
Correctional Facility.
DATE: May 15, 1984
INTRODUCTION
The City Staff, both before and after Council approved the
Resolution supporting the construction of the new Woman's
Correctional Facility, worked with the State's Administrative
Engineer to define the required public utilities.
PROPOSED AGREEMENT
The Agreement (attached) is in a form used by the State of
Minnesota. The Agreement has been reviewed by the City Attorney
and Shakopee Public Utilities has a copy of the Agreement so that
their Board can approve it as well. The Agreement outlines the
water aad sewer atllities to he constriacted, the portion of con-
struction to be paid for by the State, and the State's required
water and sewer availability charges.
The State as outlined in paragraph #7 of the Agreement its
payment procedures. These procedures will enable the City to
construct the project without issuing bonds if it so chooses.
Neither the water main project or the sewer project will be
429 assessment projects. Therefore, Shakopee Public Utilities
will employ the Engineering Firm of Schoell and Madsen, Inc. for
the water main project. The City Engineering Department will do
the Engineering for the sewer facilities, most of which include
reconstruction of sewer lines on 5th Avenue. Specific cost allo-
cations for the total sewer project work will be provided Council
in a Engineering Report from the Engineering Department in the
near future. Both projects are scheduled for construction this
year.
ALTERNATIVES
1] Approve the proposed Agreement for the construction of
sewer and waterlines for the new Woman's Correctional
Facility in Shakopee.
2] Amend the proposed Agreement or otherwise modify it.
3] Do not enter into a Agreement with the State for utility
construction. Because the proposed Agreement clarifies
financial responsibilities between two public agencies
in a manner previously established by the State, denying
the approval of the Agreement would probably cause a
delay in the project. It might also damage the excellent
Public Utilities For Woman's
Correctional Facility.
Page 2
May 15, 1984
working relationship between the City and the State
both of which have worked hard for this project over
the last three years.
RECOMMENDATION
The City Attorney has reviewed the Agreement, and the City
Engineer and Utility Manager have participated in developing the
cost estimates for the Agreement. City Staff recommends approval
of the Agreement.
ACTION REQUESTED
Authorize the appropriate City Officials to execute an
Agreement between the City of Shakopee, Shakopee Public Utilities,
and the State of Minnesota for the construction of sewer and water-
lines for the new Woman's Correctional Facility in Shakopee,
Minnesota.
JKA/bn
axe
CITY OF SHAKOPEE
PUBLIC UTILITIES COMMISSION
1030 EAST FOURTH AVENUE
SHAKOPEE, MINNESOTA 55379
445.1988
May 14, 1984
Ken Adolf
Schoell and Madsen Inc
50 Ninth Ave. South
Hopkins, MN 55343
REc WATERMAIN DESIGN ENGINEERING, WOMEN'S CORRECTIONAL FACILITY
Dear Ken;
Please consider this letter as request and authorization to initiate
the design engineering of the watermain needed at this site as described in
your August 10, 1984 letter. The only change from that concept is that the
State of Minnesota will be given a credit in the water connection charge for
the 27 equivalent units transfered from the old facility, which will leave a
net of 20 equivalent SAC units which will be charged to the new facility.
Sincerely yours,
SHAKOPEE PUBLIC UTILITIES COMMISSION
./Louis VanHout
Utility Manager
LVH, slm
c.c. John Anderson
Tb - 11eart of Progress ti'all0y
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
SAINT PAUL 55155
"5°"°F 296-4644
BUILDING CONSTRUCTION .. TEL. No.
May 9, 1984 +.N Y .
Mr. H.R. Spurrier, City Engineer
City of Shakopee
129 E. First Ave.
Shakopee, Minnesota 55379
RE: Women's Correctional Facility
Shakopee, Minnesota
Dear Mr. Spurrier:
Attached for execution by the City is the agreement which provides for the con-
struction of the required water and sewer lines for the new Women's Correctional
Facility.
The costs outlined in the agreement are the amounts specified by the City and
agreed to by the State.
Since we plan to start construction of the new facility this fall it is essential
that the water and sewer lines be installed this year. We would appreciate if
you could initiate the design engineering work as soon as possible.
Sincerely,
*Lyle D. Nelson
Administrative Engineer
LDN/red
Attachment
cc: Louis VanHout, Shakopee PVC
Max E. Fowler, D.S.B.C.
James Zellmer, D.O.C.
AN EQUAL OPPORTUNITY EMPLOYER
the cost of said projects is less than the award, the City, upon completion of the
construction projects, shall refund to the State any excess funds. The City shall furnish to
State a set of plans for said construction as set forth in paragraph I above, and that prior
to awarding said bids the State shall approve the plans and specifications.
3. The State shall grant to the City suitable easements for said sanitary
sewer and water mains. The State shall also grant the necessary temporary construction
easements that may be required during the construction period of said mains.
4. That the State shall pay to the City the sum of $12,081.00 as a trunk
water assessment.
5. That the State shall pay to the City the sum of $7,040.00 (20 units @
$352.00), as a water availability charge (WAC).
6. That the State shall pay to the City the sum of $8,500.00 (20 units @
$425.00) as the unit charge (SAC) required by the Metropolitan Waste Control
Commission.
7. That the payments for the charges outlined in paragraph's No. 5-7 above
shall be made at the time of the issuance of the building permit for said women's
correctional facility.
8.
The State
shall
provide a
water meter or
meters of the
size and
type
required for
the metering
of
water used
by the women's
correctional
facility.
Said
meter(s) shall be approved by the City. In the event the State desires to meter the
sanitary sewer usage, the State shall provide a meter or meters of the kind approved by
the City for the metering of sanitary sewer usage by said facility. The State shall permit
access to the some for the reading of said meter(s) and for inspection by the City.
-2-
10
9. The State shall pay to the City the monthly charge for water and sanitary
sewer usage as set forth in the ordinances of the City, and the charges of the Sanitary
Sewer Board, which shall be paid by the State as in the case of other uses. The State shall
permit and provide reasonable access to the City and its authorized agents to said facility
to read water and sanitary sewer meters and maintain the water and sanitary sewer
systems as may be required.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
Approved as to Form and execution
Special Assistant Attorney General
Approved
Department of Finance
CITY OF SHAKOPEE
By
Mayor
By
City Administrator
By
City Clerk
By
Public Utilities Commission, Manager
STATE OF MINNESOTA
Department of Administration
By
Commissioner of dministration
Department of Corrections
By
Commissioner of Corrections
-3-
R. KATHLEEN MORRIS
SCOTT COUNTY ATTORNEY
COURT HOUSE 206
SHAKOPEE, MN. 55379 (612)-445-7750, Ext. 240
Assistants:
MIRIAM JEANNE WOLF
PAMELA ANN McCABE
RICHARD S. VIRNIG
R.GEHLTUCKER
PATRICIA M. BUSS
KEVIN W. DALY
Law Clerk:
NANCY PLATTO
Chief Thomas Brownell
Shakopee Police Department
476 Gorman Street
Shakopee, MN 55379
Dear Tom:
May 9, 1984
RE: State of Minnesota
-vs—
Jackson E. Chilquist
On
On May 2, 1984, the above Defendant appeared before Judge Fitzgerald and
pled guilty to a Gross Misdemeanor, Selling Intoxicating Liquor Without
a License, as a result of an incident occurring in Shakopee on October 24,
1983.
The Court stayed imposition of sentence and placed Defendant on probation
to Court Services for two years on the conditions that the Defendant:
1. Follow all rules of probation; and
2. Remain law-abiding.
The liquor seized by the police in the bar area is to remain confiscated
and be destroyed. The Court allowed the remaining liquor seized from the
upstairs residence to be returned to Defendant upon approval of the Sh.akopee
Police.
If you have any questions, please call.
Sincerely,
An Equal Opportunity Employer
5c
MEMO TO: Mayor, Council Members
FROM: Tom Brownell, Chief of Police
RE: Lend -Lease Intoxilyzer
DATE: May 16, 1984
Introduction:
The Minnesota Department of Public Safety is replacing existing
breathalyzer instruments with a more advanced unit known as a
Intoxilyzer 5000. The Breathalyzer/Intoxilyzer is used to
determine the alcohol level of motor vehicle operators.
Background:
The City has a breathalyzer unit which requires replacement
due to the frequency of repair. Should Council prefer to pur-
chase a unit as an alternative to obtaining a State owned unit,
the cost will be $5,000. The Department of Public Safety would
like to use our City owned unit as a trade-in to defray the cost
of the new Intoxilyzer. The value of our breathalyzer is minimal
and we would not be able to dispose of it in any other manner.
Alternatives:
1. Pass a Resolution entering into an agreement with the
Minnesota Department of Public Safety to loan the Shakopee
Police Department an Intoxilyzer 5000.
2. Provide funding in the 1985 Capital Improvement Fund to
purchase an Intoxilyzer 5000 at a cost of $5,000.
Recommendation:
Pass a Resolution entering into an agreement with the Minnesota
Department of Public Safety to loan the Shakopee Police Depart-
ment an Intoxilyzer 5000. Declare Smith and Wesson Breathalyzer
serial number 5984 surplus property to be disposed of by the
Minnesota Department of Public Safety for trade-in value.
TB:cah
BUREAU OF CRIMINAL APPREHENSION 4=Rw \
1246 UNIVERSITY AVENUE
ST, PAUL, MINNESOTA 55104J197 �
TELEPHONE: 296-2662
ii
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
Enclosed you will find five copies of the agreement for the lend-lease of an
Intoxilyzer 5000, copies of a sample resolution, and if applicable forms and
information relating to old Breathalyzer equipment. This agreement is the
mechanism through which we will be able to place a new infrared breath testing
instrument and simulator with your law enforcement agency.
These instruments have been purchased with money from a federal highway and
traffic safety grant and from a State of Minnesota Legislative appropriation
of matching funds. We are distributing the testing instruments in a manner
similar to the program under which we have in the past distributed preliminary
breath test instruments.
To complete this paperwork, your county board or city council will first
need to pass a resolution similar to the sample resolution provided. Once
this is done the remainder of the agreement can be completed. Instructions
on the sample resolution and agreement are also enclosed.
It is our hope that you will find this approach to providing breath testing
equipment agreeable. If you have questions about the paperwork or the
equipment, please contact our Breath Testing Section at 612-296-7940. We
are prepared to assist you in any manner necessary to complete the process.
Sincerely,
c, `
Lowell C. Van Berkom
Forensic Laboratory Director
AN EQUAL OPPORTUNITY EMPLOYER
INSTRUCTIONS FOR INTOXILYZER 5000 LEND-LEASE AGREEMENT
The agreement must be complet.!d in quintuplicate (5 copies). Five certified
copies of the resolution passed by the governing body of the local government
must be included.
THE RESOLUTION: there are two forms of sample resolution, one for cities and
one for counties. Other types of local jurisdiction such as a joint police
commission will have to devise a resolution based on the wording of these
two samples. The essential points that must be contained in the resolution
are:
1) to empower the local government to enter into agreement with the
State according to the terms of the agreement.
2) to designate at least one and preferably two officials to execute
the agreement. More than two may be designated if desired.
iu.and_ten of the sample resolution contain two blank lines which
should be=f-filled -with the:.titles ofd-he'officials designated to execute the
agreement. Names of specific individuals should be avoided. For a city
government recipient it would be most practical if the officials designated
were the—°i ti6fk and the chief df7;UMe. For a county government recipient
the county auditor and sheriff would be most practical. These officials are
suggested because the annual certification statements are usually sent to
a city clerk or county auditor and because the instruments will usually be
sited in a police department or sheriff's office.
THE AGREEMENT: -Dace the resolution has been passed, the designated officials
-t°z �should.:be entered on the "title" lines of the RECIPIENT sign -off section
on the left_ hand coLumn. of QAqp- thr; P and, ar,;,r), nn, thR i.r?, t,.hR r?R,�+,.
to the last line of page three. These offltials may sign the "BY" lines
of the sign -off section.
FEDERAL GRANT EQUIPMENT: if equipment is to be ceded to the state that was
purchased with federal grant money, this agreement will be accompanied by a
packet of information and forms which must be executed. These documents
should be returned with the signed agreements and certified copies of the
resolution.
Once the State of Minnesota officials have signed off the applicable sections
of the agreement, a copy of the completed document will be returned to the
city clerk or county auditor or in the case of other jurisdictions, the
appropriate of i-iai-tesl natea''to maintain the jurisdiction's records and
a secon��l�
dpy7witie-sent to the law enforcement agency where the instrument
e be returned to:
ehension Laboratory
04
or requests for assistance may be directed to
3 i(c tviTpIztet `uDr,,otierits sY)o-u 1
Bureau of Criminal Appr
Breath Test Section
1246 University Avenue
St. Paul, Minnesota 551
Questions about the agreement
t tNa ' v6nM u 1h I TPel+ C.�R�a#, i I L°} t '7 L } Lh
RESOLUTION NO. 2267
A RESCL UP fff TG RE CE f VE FROK THE S i A TE OF
MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, AN
INTOXILYZER 5000 BREATH TEST INSTRUMENT AND
BREATH ALCOHOL SIMULATOR ON A LOAN BASIS.
BE IT RESOLVED that the City of Shakopee enter into an
agreement with the State of Minnesota, Department of Public
z�-aieEy for the ioiiowing purpose:
Minnesota, Department of
0 breath test instrument and
n basis. The instruments
officers to assist them in
v be in vi-oLation of Minnesota
'r innesDta JAWS or local
nt purposes.
the Mayor, City Administrator
are authorized to execute
sion of the City Council of the
this day of , 1984.
[ayor of the City of Shakopee
gay
To receive from the State of
Public Safety, an Intoxilyzer 500
breath alcohol simulator on a loa
are to be used by law enforcement
the detectian a£ matari.sts whQ ma
Statutes Section 169.121, or orhE
ordinances or other law enforceme
BE IT FURTHER RESOLVED that
and City Clerk be and they hereby
such agreement.
Adopted in ses
City of Shakopee, Minnesota, held
ATTEST:
City Clerk
Approved as to form this
of , 1984.
City Attorney
1.
4��
MEMO TO: John K. Anderson, City Administrator
FROM: H. R. Spurrier, City Engineer
RE: Environmental Impact Statement for the Shakopee
Racetrack Site Development Proposal
DATE: May 22, 1984
Introduction
�ttac?�ed is ',Z' . 2�t� , a <uaking ilnai
enviranmental impact statement adequacy determination foz the
Shakopee Racetrack Site Development Proposal.
Background
Now that the comment period for the Shakopee Racetrack Site
Development Proposal has ended and since the Final Environmental
Impact Statement has addressed all of the issues specified in
the Scoping Decision it has provided responses to all substantive
comments on the Draft EIS and has been prepared in accordance with
6 MCR 3.201 through 3.2056.
It is therefore appropriate to determine the adequacy of the Final
n i; �n.«ental Tifilpact Statersent .
Action Requested
Adopted Resolution No. 2266, A Resolution Making Final Environ-
mental Impact Statement Adequacy Determination For The Shakopee
Racetrack Site Development Proposal.
HRS/jms
I
RESOLUTION NO. 2266
A RESOLUTION MAKING FINAL ENVIRONMENTAL IMPACT STATEMENT
ADEQUACY DETERMINATION FOR THE SHAKOPEE RACETRACK SITE
DEVELOPMENT PROPOSAL
WHEREAS, the City Council of the City of Shakopee approved
the Scoping Decision for the Shakopee Racetrack Site Development
dated January 6, 1984 which identified the major issues to be
addressed in an Environmental Impact Statement (EIS); and
t -
WHEREAS, the Final EIS for the Shakopee Racetrack Site
Development Proposal has analyzed all of the issues identified
in the Scoping Decision for which information could be reasonably
obtained and the depth of analysis was sufficient to allow informed
decisions on the governmental permits in question, in particular
about choices among alternatives and about mitigative measures;
and
WHEREAS, the Final EIS provides responses to all substantive
comments on the Draft EIS, including errata regarding the ambient
air quality standard for lead as noted by Metropolitan Council
review; and
WHEREAS, the Final Environmental Impact Statement for the
Shakopee Racetrack Site Development Proposal has been prepared
in accordance with 6 MCR 3.201 through 3.2056.
NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUCNIL
that the City hereby makes the Final Environmental Impact State-
ment Adequacy Determination for the Shakopee Racetrack Site
Development Proposal and directs that a notice of this determina-
tion be forwarded to the Minnesota Environmental Quality Board.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
1984.
Mayor of the City o S a ogee
Attest:
City Clerk
Approved as to form this
day of
ty Attorney
RESOLUTION NO. 2265
A RESOLUTION DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
ON THE REHABILITATION OF ROADWAYS IN
EAGLEWOOD ADDITION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. A certain petition requesting the improvement of
Eaglewood Addition Roadways filed with Council on May 22, 1984,
is hereby declared to be signed by the required percentage of
owners of property affected thereby. The declaration is made
in conformity to Minnesota Statutes, Section 429.035.
2. The petition is hereby referred to Henry R. Spurrier,
City Engineer, and he is instructed to report to the Council
with convenient speed advising the Council in a preliminary way
as to whether the proposed improvement is feasible and as to
whether it should best be made as proposed or in connection with
some other improvement, and estimated cost of the improvement
as recommended.
Adopted in
session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 1984.
Mayor of t e City of Shakopee
ATTEST:
City Clerk
AgDyoved as to form this
day of 3 1984.
M E M O R A N D U M
TO: John K. Anderson/City Administrator
FROM: Ra_v, Ruuskal,FinPJne_P�; nga CnfirrL, natter
RE: Improvement of North/South Collector St.
By Roadway - Sec. 5, Twsp. 115, R 22
DATE: May 18, 1984
Introduction:
Attached is the Feasibility Report and Resolution receiving the
Feasibility Report and ordering the public hearing for the above
referenced project.
Background:
This report was prepared as directed by City Council Resolution
No. 2239.
The recommended action is to receive the report and order the
public hearing.
Action Requested:
Adopt Resolution No. 2263, A Resolution Receiving a Report and
Calling a Hearing on the Improvement of the North-South Collector
Street By Roadway in Section 5, Township 115, Range 22, Scott
County, Minnesota.
RR:cah
Attachment
M E M O R A N D U M
TO: John K. Anderson/City Administrator
FROM: Ray Ruuska/Engineering Coordinator
RE: Improvement of Valley Park Dr. from TH 101 to
12th Ave. & 12th Ave. from Valley Park Dr. to
County Road 83 by Roadway
DATE: May 18, 1984
Introduction:
Attached is the Feasibility_Report and Resolution receivinQ_.the
Feasfki Lity Report and ordering the public hearing for they
above referenced project.
Background:
This report was prepared as directed by City Council Resolution
No. 2240.
The recommended action is to receive the report and order the
public hearing.
Action Requested:
Adopt Resolution No. 2264, A Resolution Receiving a Report and
Calling a Hearing On Improvement of Valley Park Drive From TH 101
to 12th Avenue and 12th Avenue From Valley Park Drive to County
Road 83 by Roadway.
RR:cah
Attachment
6ld—
RESOLUTION NO. 2264
A RESOLUTION RECEIVING A REPORT AND CALLING A HEARING
ON IMPROVEMENT OF VALLEY PARK DRIVE FROM TH101 TO
12TH AVENUE AND 12TH AVENUE FROM VALLEY PARK DRIVE TO
COUNTY ROAD 83 BY ROADWAY
WHEREAS, pursuant to Resolution No. 2240 of the City
Council adopted April 3, 1984, a report has been prepared by
Valley Engineering Co., Inc., with reference to the improve-
ment of Valley Park Drive from TH 101 to 12th Avenue and 12th
Avenue from Valley Park Drive to County Road 83 By Roadway, and
this report was received by the Council on May 22, 1984.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1. The Council will consider the improvement of Valley
Park Drive from TH 101 to 12th Avenue and 12th Avenue from
Valley Park Drive to County Road 83 By Roadway in accordance
with the report and the assessment of abutting and benefitted
property for all or a portion of the cost of the improvements
pursuant to Minnesota Statutes Chapter 429 at an estimated total
cost of the improvement of $1,422,704.00.
2. A public hearing shall be held on such proposed improve -
v at 9:15 p.m.
ments on the 5th day of June 1984, in the Council
Chambers of City Hall, at 129 East 1st Avenue and the Clerk
shall give mailed and published notice of such hearing and
improvement as required by law.
3. The work of this project is hereby designated as part
of the 1984-5 Public Improvement Program.
Adopted in
session of the City Council of the
City of Shakopee, Minnesota, held this day of _ __,
1984.
ORDINANCE NO. 145
AN ORDINANCE AMENDING SECTION 5.07
OF THE SHAKOPEE CITY CODE
BE IT ORDAINED by the City Council of the City of Shakopee as follows:
SECTION 1. Section 5.07 of the Shakopee City Code entitled,
"INSURANCE REQUIREMENTS" is hereby deleted and the following substituted
therefore:
"SEC. 5.07. INSURANCE REQUIREMENTS. Whenever an insurance
policy or certificate is required by this Chapter, the
applicant shall file with the City Clerk a policy or certi-
ficate of insurance showing (1) that the limits are at least
as high as required, (2) that coverge is effective for at least
the license term approved, and (3) that such insurance will not
be cancelled or terminated without ten (10) days' written notice
served upon the City Clerk. Cancellation or termination of such
coverage shall be grounds for license revocation."
SECTION 2. This Ordinance shall take effect upon its passage and
publication.
Passed this 22nd day of May, 1984, by the City Council of the City of
Shakopee, Minnesota.
Eldon Reinke, Mayor
ATTESTED TO BY:
Judy Cox, City Clerk
Approved as to form this day
of , 1984.
City Attorney
76?,
TO: John K. Anderson, City Administrator
FROM: Jeanne Andre, Community Development Director
RE: Public Meeting on Correctional Facility
DATE: May 18, 1984
Jackie Fleming of the Shakopee Correctional Facility
informed me that she has now scheduled the public meeting
on the new facility for June 13, 1984, at 7:30 P.M. at
Sweeney School. City Council should be informed of the
meeting for two reasons:
1) Resolution No. 2249 which they adopted regarding
this meeting recommended that the meeting be held
before June ZSt — _ I f _t tie-C't�L s � � �h �� �—p-j Du3-eui'�vi �iI
proposed June 13th date, Ms. Fleming would like to
know by May 23rd. Council should use their own
initiative to bring up this issue at the May 22nd
meeting if they have a problem with the new date.
2) If the June 13th date is acceptable, Council should
mark thir calendars in case they want to hear the
public comments first hand.
MAY 18 1984
CITY OF SHAKvPEE
May 16, 1984
-W" "To -
7b
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
Telephone (612) 291-6359
TO: City Managers/Administrators; Township Board Chairs/Clerks;
Today is my first official day of work as Chair of the Metropolitan Council and
this is my first official letter. I hope this demonstrates one of my highest
priorities in my position, namely to reestablish a strong working relationship
between the Council and local government. There are many major issues facing
local and regional government, including solid waste management, public
transit, wastewater treatment and many others. In many cases we will be forced
to make decisions prioritizing public needs by answering questions such as, do
we spend $200 million upgrading the region -s sewer system or do we use the
money for operation and maintenance of the parks system or similar questions in
health, housing, aging, waste management and others.
I personally feel very strongly that these issues are best discussed and
resolved in an atmosphere of open and forthright communication. One of my
first priorities in may new position will be to talk with as many of you as
possible to hear your input and use your ideas in meeting this region -s
challenges. To that end I intend to set up a series of meetings throughout the
region beginning in June. The meetings will be similar in scope to those held
by John Boland and Charlie Weaver in the past. I view local government as one
of the key constituents of the Council. Without you I don -t see how we can
effectively respond to our regional challenges.
One of the first areas I"d like your help on is in seeking a new Chair of the
Metropolitan Waste Control Commission (MWCC). Governor Perpich has asked the
Council to assist him in finding qualified candidates. If you would like to
make a recommendation or nomination for the position of MWCC Chair, please let
me know in writing by Friday, June 1. The position of Chair is part-time and
pays $20,000 (effective July 1, 1984). Major responsibilities include chairing
regular and special meetings of -the MWCC, overseeing the hiring of an executive
director, acting as chief spokesperson on issues related to wastewater
treatment in the metropolitan area and working closely with the Metropolitan
Council to carry out regional policies.
Thanks again for your help and I
future. Please share this letter
meantime, if you have any special
291-6453.
Sincerely
! Sancr_a,I,-�RArdebri ng
_SSG: sl
cc: Metropolitan Area Legislators
look forward to meeting you in the near
with your council or board members. In the
concerns or questions, please call me at
'`_ An Equal Opportunity Employer
ADJ.REG.SESSION
SHAKOPEE, MINNESOTA MAY 24, 1984
Vice -Mayor Leroux presiding
11 Roll Call at 6:30 p.m.
2] Resolution No. 2268
Action Requested
Approve Resolution No. 2268, A Resolution Authorizing The City of Shakopee To Be
A Co -Permittee With Minnesota Racetrack, Inc., Minnesota Racetrack Investors, Ltd.
and Scott County For The Indirect Source Permit
3] Noise Permit pursuant to City Code Section 10.60 Subd. 3D
Action Requested
Approve an application from Minnesota Racetrack, Inc. for a temporary construction
permit under City Code Section 10.60 Subd. 3D permitting race track construction
from 5:30 a.m. to 11:30 p.m. from June 1, 1984 until midnight June 22, 1984 and
setting certain conditions to be met by Minnesota Racetrack, Inc. as outlined in
their letter of application dated May 21, 1984 from Bruce D. Malkerson.
4] Other business
a]
b]
5] Adjourn
John K. Anderson
City Administrator
RESOLUTION NO. 2268
A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO BE A
CO -PERMITTEE WITH MINNESOTA RACETRACK, INC.,
MINNESOTA RACETRACK INVESTORS, LTD. AND SCOTT COUNTY
FOR THE INDIRECT SOURCE PERMIT
WHEREAS, the Minnesota Pollution Control Agency has
required that the City of Shakopee be included as a co -permittee
for the Indirect Source Permit along with Minnesota Racetrack,
Inc., Minnesota Racetrack Investors, Ltd. and Scott County;
and
WHEREAS, the City of Shakopee does have responsibility
and jurisdiction with respect to roadway improvements required
for the racetrack and with respect to training of necessary
traffic control personnel.
NOW, THEREFORE, BE IT RESOLVED that the City of Shakopee
does hereby agree to be included as a co -permittee with
Minnesota Racetrack, Inc., Minnesota Racetrack Investors, Ltd.
and Scott County for the Indirect Source Permit.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
1984.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of '—r9z
;__ & z--...-___ —
WAYNE G. POPHAM
ROGER W. SCHNOBRICH
DENVER KAUFMAN
DAVID S. DOTY
ROBERT A. MINISH
ROLFE A. WORDEN
G. MARC WHITEHEAD -
BRUCE D. WILLIS
FREDERICK S. RICHARDS
G. ROBERT JOHNSON
GARY R. MACOMBER
ROBERT S. BURK
HUGH V. PLUNKETT, III
FREDERICK C. BROWN
THOMAS K. BERG
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
4344 IDS CENTER
MINNEAPOLIS, MINNESOTA SS402
TELEPHONE AND TELECOPIER
612-333-4800
BRUCE D. MALKERSON
JAMES R. STEILEN
JAMES B. LOCKHART
ALLEN W. HINDERAKER
CLIFFORD M. GREENE
D. WILLIAM KAUFMAN
DESYL L. PETERSON
MICHAEL 0. FREEMAN
THOMAS C. D'AOUILA
LARRY D. ESPEL
JANIE S. MAYERON
DAVID A. JONES
LEE E. SHEEHY
LESLIE GILLETTE
MICHAEL T. NILAN
Mayor and City Council
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
ROBERT C. MOILANEN
STEVEN G. HEIKENS
THOMAS F. NELSON
THOMAS J. RADIO
DAVID L. HASHMALL
KATHLEEN M. MARTIN
JOHN C. CHILDS
DOUGLAS P. SEATON
BRUCE B. McPHEETERS
GARY D. BLACKFORD
SCOTT E. RICHTER
GREGORY L. WILMES
ELIZABETH A. THOMPSON
OF COUNSEL
FRED L. MORRISON
May 21, 1984
2060 PETRO-LEWIS TOWER
717 SEVENTEENTH STREET
DENVER,COLORADO 80202
TELEPHONE AND TELECOPIER
303 - 292 -2660
SUITE 802-2000 L STREET, N. W.
WASHINGTON, D. C. 20036
TELEPHONE AND TELECOPIER
202-887-5154
Re: Permit Pursuant to City Code Section 10.60, subd. 3D
Dear Mayor and City Council:
On Wednesday, May 9 we conducted an informational meeting at
the Shakopee City Council Chambers to review construction
schedules and our desire to be able to operate two 10 1/2 work
shifts for grading only this summer so that we would be able to
finish grading in a timely manner before the ground freezes in the
Fall of 1984. If the ground freezes before all of the necessary
grading is completed, the opening date of June 29, 1984 is placed
in jeopardy.
At that meeting, there were no objections voiced by any of
the 20-30 residents present (notice had been sent to approximately
60 families in the general area as provided to us by the
Wermerskirchen Abstract Company.)
At the Council meeting on Tuesday, May 15, 1984, questions
were raised by two homeowners in the area and we offered to hold
another informational hearing at the Scottland, Inc. offices on
Saturday, May 19, 1984. We hand delivered notices of the meeting
on Friday, May 18, 1984.
May 21, 1984
Page 2
On Saturday, May 19, 1984, I, Al Perez, former'boise expert
at the Pollution Control Agency who drafted the state regulations,
Dave Zeeman from Kraus Anderson and Greg Belke from Park
Construction were present to review the construction schedule,
especially the extended hours for excavation.
Also present were Councilmember Wampach, City Manager John
Anderson and 6-7 neighbors.
During the meeting, I outlined the reasons we needed to
obtain a permit from the City to allow us extended hours for
excavation only in June, July, August and September, 1984. I
presented a letter from Kraus Anderson outlining the areas of work
and overall schedule which I include herein.
I stated that we needed to be able to operate each day as
follows:
a) 5:30 a.m. - 3:30 p.m. (9 1/2 hours grading, 1/2 hour
lunch)
b) 3:30 p.m. - 4:30 p.m. greasing of all equipment
c) 4:30 p.m. - 2:30 a.m. (9 1/2 hours grading, 1/2 hour
dinner
The above represents two 10 hour work shifts, with mandatory
1/2 hour breaks for lunch (dinner) and greasing of equipment
between shifts.
The present ordinance requires us to obtain a permit for
excavation before 7:00 a.m. and after 10:00 P.M.
Based upon our discussions with the neighbors present, I
proposed that we would submit an application for a permit on a
temporary basis as follows:
a) 5:30 a.m. - 2:00 p.m. (8 1/2 hours grading, 1/2 hour
lunch)
b) 2:00 p.m. - 3:00 p.m. greasing of all equipment
c) 3:00 p.m. - 11:30 a.m. (8 1/2 hours grading, 1/2 hour
dinner
The above schedule would result in three hours of excavation
work outside of the regular work period of 7:00 a.m. - 10:00 p.m.
May 21, 1984
Page 3
The permit would cover the racetrack site for excavation
gnly.. All other construction would take place during,regular
hours.'
We would monitor the noise levels and remain in contact with
the neighbors.
The permit would be valid from June 1, 1984 until midnight
June 22, 1984.
On Thursday, June 14, 1984, we would conduct an
informational meeting with the neighbors to determine the actual
impact of the extended excavation hours since none of us wish to
rely only on expert's predictions but instead want to determine
th6 impact under field conditions.
The Council could decide whether to extend, modify or revoke
the permit at its regular council meeting on Tuesday, June 19,
1984.
The permit would be revokable at the will of the Council
with no right of challenge by Minnesota Racetrack, Inc.
We ask that the City approve a permit as outlined above.
We believe that there will be no problems, and if any
develop, we will solve them with the cooperation of the
neighbors. The temporary permit will allow us and the neighbors
to see if there is a problem, and if there is, to develop a
solution.
Very truly yours,
a-L�� 0, P—at""V,�
Bruce D. Malkerson
BDM/jf
cc: Mr. Dave Zeeman, Kraus Anderson Construction Co.
4482]