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HomeMy WebLinkAbout10/24/1990 TENTATIVE AGENDA SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 24 , 1990 Mayor Gary Laurent presiding 1) Roll call at 5: 00 p.m. 2) Accept the Special Call of the Mayor 3) Request by MnDOT for suspension of Noise Restrictions for T.H. 169 Minibypass 4) County Auditor Error - informational only 5) Other business 6) Adjourn Dennis R. Kraft City Administrator M CITY OF SHAKOPEE �..- INCORPORATED 1870 `ao 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 .4"1/ IF October 18, 1990 The Honorable City Council City of Shakopee Shakopee, MN 55379 Mayor Gary Laurent has notified me, Judith S. Cox, City Clerk of the City of Shakopee, that a Special Session of the City Council will be held at 5: 00 p.m. on Wednesday, October 24 , 1990, for the purpose of considering a request from the Minnesota Department of Transportation to suspend restricting construction activities outlined in Section 10. 60, Subd 3 D of the City Code and any other business, which may come before the City Council. Said suspension would permit the Department of Transportation to haul fill material for construction of the Shakopee Mini Bypass between the hours of 10:00 p.m. and 7: 00 a.m. on weekdays and between the hours of 9: 00 p.m. and 9 : 00 a.m. on weekends and holidays. Respectfully, Judith S. Cox City Clerk C: Shakopee Valley News Radio Station KCHK Shakopee Cable Company JSC/tiv The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER 3 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works DirectcklqE7/) SUBJECT: T.H. 169 Minibypass DATE: October 19, 1990 BACKGROUND: The Minnesota Department of Transportation (Mn/DOT) has awarded the contract for the embankment construction of the Minibypass (Phase I) to Ramar Construction of Belle Plaine, Minnesota. Staff recently attended the preconstruction conference for this phase of the project and has learned that the construction will start on October 22, 1990. Attached is a copy of the contractor's construction schedule for this phase of the project. The contractor will be hauling the fill material from Chanhassen to the site via T.H. 169. Due to the traffic on this highway, the contractor is proposing to work from 7: 00 P.M. to 5:00 A.M. Staff informed all those present at the meeting that the City of Shakopee has a noise ordinance which does not permit any construction activities after 10: 00 P.M. or before 7: 00 A.M. within the corporate limits. The ordinance does allow the City Council to suspend this provision of the City Code though (copy of ordinance attached) . The contractor (and Mn/DOT) are requesting that the City Council of Shakopee suspend this provision and allow them to work at night. As indicated on the schedule, the hauling of fill is proposed to start on October 29, 1990. Since there are no Council meetings prior to that date, staff is requesting that a special meeting be called as soon as possible to discuss this issue. RECOMMENDATION: Staff recommends approving of the request and suspending the noise ordinance section of the City Code. Staff also agrees that due to safety considerations associated with this highway, it would be better to haul the fill during night time. The work will all be done on the other side of the river and in fact, the trucks will not even be crossing the bridge into Shakopee during this phase of the project. Given the isolated location for this construction and the separation of any residential development to the job (i.e. the Senior Hi-Rise is over 1, 000 feet away) staff does not feel that granting the request would have any negative impacts on the citizens of Shakopee. The City Council may wish to suspend this ordinance for the construction periods only, as outlined in the contractor' s schedule. ACTION REQUESTED: Move to suspend Subparagraph D of Section 10. 60, Subdivision 3 of the Shakopee City Code for the purposes of allowing Mn/DOT and their contractor, Ramar Construction, to haul fill material for the embankment on the north side of the river for the new T.H. 169 Bridge between the hours of 10: 00 P.M. and 7 : 00 A.M. during the period from October 29, 1990 through November 30, 1990 and April 15, 1991 through December 31, 1991. DH/pmp BRIDGE cc: Tom Steininger RAMAR CONSTRUCTION, INC. .03 105 S. Hillcrest Drive Belle Plaine, MN 56011 Phone: 612-496-0582 metro 612-873-6857 Belle Plaine October 18 , 1990 David E. Hutton Public Works Director City Engineer City of Shakopee 129 East First Ave. Shakopee, MN 55379 Dear Mr. Hutton: Ramar Construction, Inc. will be the contractor on S. P. 7009-58 (T. H. 169 ) . We will be hauling fill to the job from the Moon Valley site on Highway 169 . In the interest of public safety and to disrupt the normal flow of traffic as little as possible, we would like to haul from 6 : 30 p.m. to 5: 30 a .m. Therefore, we request a variance in the Shakopee noise ordinance to allow us to be on the road during these hours . We will begin hauling about October 29 , 1990 . Thank you. ' 4' -mag tjvvz4\t\- M , . L!) Ginger M. Timmons president Ramar Construction, Inc. RAMAR CONSTRUCTION, INC. 105 S. Hillcrest Drive Belle Plaine, MN 56011 Phone: 612-496-0582 metro 612-873-6857 Belle Plaine October 18, 1990 MN Dept. of Transportation 7333 Bryant Lake Drive Eden Prairie, MN 55344 RE: SP 7009-58 (T. H. 169 ) BRF 005-2 ( 100 ) Contract # 21228 Attention: Steven M. Lund P. E. Project Engineer Dear Sir: In as much as I didn 't have any bar chart forms please accept the following as my anticipated work performance schedule until such time as I do have the proper forms . 1 . Oct. 22, 1990: Start job on clearing and grubbing, 8 working days. 2. Oct. 29 , 1990: Start hauling in sand lift, 6 working days. 3 . Nov. 1 , 1990: Start wick drain installation, 15 working days. 4. Nov. 15, 1990: Seasonal shut down. 5. April 15 , 1991 :Wait for frost to thaw. 6. May 15 , 1991 : Place geotextile fabric and haul in common borrow. 20 working days with two 15-day settlement delays. 7 . July 1 , 1991 : Sub-cut shoulder and haul in the rest of the sand borrow. 10 working days with two 15-day settlement delays . 8. Aug. 15 , 1991 : Landscape and finishing. 5 working days. 9 . Sept. 1 , 1991 : Complete project. Sincerely, mk7101/0 je( artin J immons 3 § 10 . 60 power maintenance equipment except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9 :00 A.M. and 9 : 00 P.M. on any weekend or holiday. Snow removal equipment is exempt from this provision. C. Refuse Hauling. It is unlawful for any person to collect or remove garbage or refuse in any residential district except between the hours of 7 :00 A.M. and 10:00 P.M. on any weekday or between the hours of 9 :00 A.M. and 9 :00 P.M. on any weekend or holiday. Source : Ordinance No. 108 , 4th Series Effective Date: 11-18-82 D. Construction Activities. It is unlawful for any person tc engage in or permit construction activities involving the use of any kind of electric , diesel, or gas-powered machine or other power equipment except between the hours of 7 : 00 A.M. and 10 : 00 P.M. on any weekday or between the hours of 9 : 00 A.M. and 9:00 P.M. on any weekend or holiday. Upon timely application being made and the necessity therefor being established, the Council may suspend the operation of this Subparagraph for a specific purpose at a specific location and for a specific length of time by Council action and by giving public notice of the nature and limits of such suspension. Source : Ordinance No. 145 , 4th Series Effective Date : 5-24-84 Subd. 4. Receiving Land Use Standards. A. Maximum Noise Levels by Receiving Land Use Districts. It is unlawful for any person to operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use category specified when measured at or within the property line of the receiving land use . TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS DAY NIGHT (7 : 00 A.M.-10 : 00 P.M. ) 10 : 00 P.M.-7 : 00-A.M. Land Use Districts L10 L50 L10 L50 Residential 65 60 - 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 The limits of the most restrictive district shall apply at the boundaries between different land use categories. The determina- tion of land use shall be by its zoned designation. B. Exemptions. The levels prescribed in Subpara- graph A do not apply to noise originating on public streets and alleys but such noise shall be subject to other applicable Subdivisions of this Section. 243-5 (9-1-85 ) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: County Auditor Error DATE: October 17, 1990 I was made aware of an error by the County Auditor which resulted in an over-levy for the City of Savage. This will result in a LGA cut for Savage in an amount of 1/3 of the over-levy. I called the Department of Revenue to see if Shakopee was similarly affected and found out the reverse. The Auditor under levied for the City of Shakopee by $21,000. This means that the taxes actually levied for the City of Shakopee were $21,000 less than Council had set for the tax levy for pay 1990. The City can probably claim a special levy for the auditors error on the pay 1992 tax levy.