HomeMy WebLinkAbout09/03/1991 MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: August 30, 1991
1. Attached are the unofficial minutes of the August 14, 1991
meeting of the Municipal Facility Task Force.
2 . Attached are the unofficial minutes of the August 14, 1991
meeting of the Downtown Ad Hoc Committee.
3 . Attached is a memorandum from Tom Steininger regarding a block
party request.
4 . Attached is a memorandum from Judith Cox regarding Shakopee -
City of the Third Class.
5. Attached is correspondence from MnDOT regarding C.S. 7005
(T.H. 101) Crossover just East of Co. Rd. 18 that City Council
requested a copy of.
6. Attached are the minutes of the August 8, 1991 meeting of the
Planning Commission.
7 . Attached are the minutes of the August 8, 1991 meeting of the
Board of Adjustments and Appeals.
8 . Attached is the agenda for the September 5, 1991 Planning
Commission meeting.
9. Attached is the agenda for the September 5, 1991 Board of
Adjustments and Appeals meeting.
10. Attached is the Police Newsletter for Council review.
11. Attached is the September calendar of Upcoming Meetings.
12 . Attached is the Business Update from City Hall for September.
13 . Pursuant to requirements of the City Code, we have received
notification of the new stockholders of MIN Hotel Corp. who
own Canterbury Inn. Because this is simply a stock change,
there is no application necessary for a liquor license.
OFFICIAL PROCEEDINGS OF THE MUNICIPAL FACILITY TASK FORCE
AUGUST 14, 1991 SHAKOPEE, MINNESOTA
The meeting was called order at 7: 05 p.m. with the following
members present: Jim Stillman, Jim Murphy, Dick Mertz, Paulette
Rislund and Joan Lynch. Dave Kaufenberg and Jane DuBois were
absent. Barry Stock, Assistant City Administrator and Jim Fehring
were also present.
Mr. Stock asked if there were any changes to the minutes. Mr.
Murphy stated that the last sentence of the third paragraph on page
6 was incorrect. He stated that the sentence should read that Mr.
Murphy stated that he thought the impact of the shift on an $80, 000
home would be approximately $110.00 per year if an excess
referendum is not passed this fall. Mr. Stock asked if there were
any other changes to the minutes.
Rislund/Lynch moved to approve the minutes as amended. Motion
carried unanimously.
Mr. Murphy stated that he had a question regarding the ability of
the City to sell Tax Increment Bonds to finance land acquisition
and the construction of a municipal center. Mr. Stock stated that
the sale of Tax Increment Bonds for this type of project cannot be
done unless the bonds are supported by a new project. Mr. Stock
stated that if the Tax Increment Financing Plan is amended and the
Tax Increment Financing Area is amended to include the property
within the moratorium area that the City could use the Tax
Increment Trust Fund as cash to acquire property and construct a
facility.
Mr. Mertz questioned what the impact would be on the County and the
School if the Tax Increment Project Area is extended to property
within the moratorium area and the City utilizes Tax Increment
Trust dollars for land acquisition and future development. Mr.
Stock stated that the impact on the School and County would be that
certain Tax Increment Districts currently in place would not be
retired as early as they could be. Mr. Stock stated that the Tax
Increment Trust Fund will likely have enough funds to close all Tax
Increment Districts in 1994 or 1995. The City Council at that time
will be faced with the decision of either closing all the Tax
Increment Districts or keeping one or more of the Districts open
and doing additional municipal projects. If the Tax Increment
Districts are closed, the taxes currently collected in these Tax
Increment Districts would be spread out over all the taxing
jurisdictions and would more than likely result in a significant
reduction in property taxes.
Mr. Stock pointed out at the last meeting that it was unclear
whether or not the Capital Improvement Fund could be utilized for
land acquisition. Mr. Stock stated that the Finance Director has
reviewed this matter with the City Attorney who has in turn
reviewed the City Ordinance. The City Attorney believes that the
r1
Proceedings of the August 14 , 1991
Municipal Facility Task Force Page -2-
Capital Improvement Fund can be used for land acquisition. Mr.
Stock then listed the following funds as possibilities for
acquiring land within the moratorium area:
1. Capital Improvement Fund
2 . Park Reserve Fund
3 . Sanitary Sewer Fund (Loan Basis)
4 . Storm Sewer Fund (Loan Basis)
5. Tax Increment Trust Fund (More Legal Research Needed)
6. G.O. Bond Referendum
Mr. Stock stated that he drafted a preliminary work plan based on
the comments made by the committee at their last meeting. He
suggested that the committee simply go through the draft plan and
make recommendations for changes as needed.
Mr. Stock stated that the first item identified in the Work Plan
was the identification of community needs that might be
accommodated within the moratorium area. Mr. Stock stated that the
items are not listed in order of priority. The first item includes
a community center that might perhaps include an ice arena,
recreational pool, meeting rooms and gymnasium space. Mr. Stock
stated that based on the information presented at the last meeting
regarding how many acres would be needed for such a facility that
he had identified 10 acres for this purpose. Mr. Stillman stated
that at one of the earlier meetings, the committee identified early
childhood, family education and latchkey as a need. He suggested
that this perhaps be added to the list of possible uses in a
community center. Mr. Murphy stated that the preservation of
Shakopee' s heritage was also discussed at an earlier meeting.
Perhaps any community center could include an area for historical
display purposes. Discussion ensued on the acreage amount listed
for the community center. It was the consensus of the committee
that the number of acres should be increased to 15 to provide for
expansion and additional open space.
The second item identified in the work plan was space that is
needed in order for the Senior High School building to be expanded
in the future. The School District has identified that 32 acres
will be needed.
The third item identified was additional land for athletic fields
including soccer and football. The acreage amount set for this
item was 10 acres.
Discussion ensued on the 21 acre parcel located Northwest of the
proposed Fuller Street extension through the moratorium area. Mr.
Stillman stated that while the City may not need this area for
recreational purposes he stated that he felt it was a very
important piece of property that deserved further evaluation in
terms of future land use. He also stated that the property might
Proceedings of the August 14 , 1991
Municipal Facility Task Force Page -3-
be suitable for senior housing under a cottage concept scenario.
He also stated that the property might be suitable in the future
for either a City Hall , park space or even a bandshell. It was the
consensus of the committee that a fourth item should be added to
the list which addresses the 21 acre parcel. The committee
suggested that senior housing, city library, park space, bandshell
and/or other uses should be added to the list with a 21 acre
requirement. The committee felt that the 21 acre parcel should be
further evaluated by the Planning Commission and that if the
Planning Commission feels that there is no need to preserve the
space that it could be released from the moratorium as they deemed
fit. Mr. Mertz questioned how long the moratorium could be
maintained on the property. Mr. Fehring stated that the initial 12
month moratorium expires this December. It was his understanding
that the City has the option of extending the moratorium in three
separate 6 month increments for an aggregate total of 18 additional
months. At any point in the process the City could release
property from the moratorium area.
Mr. Stock stated that the second element of the Work Plan related
to the amount of acreage recommended by the committee to be
maintained in moratorium. Mr. Stock stated that the previously
mentioned needs require 78 acres. The committee previously
discussed retaining this amount of land in the moratorium area for
an additional 18 month period. Basically, the 78 acres identifies
all property within the existing moratorium area located North of
the intersection of the Upper Valley Drainageway and Vierling
Drive. This component of the Work Plan also recommends that the
property to the South of the aforementioned intersection be
released from the moratorium area when the existing moratorium
expires this December. It was the consensus of the committee that
the second element of the Work Plan met with their approval .
Mr. Stock noted that the third element of the Work Plan addressed
financing. It states that the Task Force would recommend to City
Council that the appropriate City officials be directed to obtain
an opinion from the City' s Bond Council in regard to the possible
use of the Tax Increment Trust Fund and the extension of the Tax
Increment District as a means to finance all or a portion of any
facility development and/or land acquisition. The Task Force would
also recommend to City Council the evaluation of the possible use
of the Capital Improvement Fund or Enterprise Funds on a loan basis
to fund the acquisition of any property not specifically needed for
municipal purposes. This element of the Work Plan includes a
recommendation for extensive discussion and meeting with the School
District to determine how a mutual agreement can be drafted to
secure the schools property for future school use.
The fourth element in the Work Plan addressed the Committees
recommendation in terms of property acquisition. This element
specifies a recommendation regarding the acquisition of 78 acres
Proceedings of the August 14, 1991
Municipal Facility Task Force Page -4-
utilizing a combination of funds including the Capital Improvement
Funds, Enterprise Funds and possibly the Tax Increment Trust Fund.
Finally this element recognizes that a portion of the property
within the moratorium area may be acquired through park dedication
purposes.
The final element of the Work Plan included a recommendation from
the committee that a sub-committee of the Park Advisory Board be
created to more accurately refine the recreation and leisure needs
of the community. This element points out that the Task Force
recommends that a survey method be used to determine residents
desires for services and facilities and also their willingness to
pay for these services.
Mr. Stock questioned if any of the Work Plan elements should be
changed or amended further. Mr. Stillman stated that he felt that
the Task Force should make a more specific statement in terms of
their recommendation as it relates to the amount of land needed and
also whether or not they are recommending that it be acquired. Ms.
Rislund stated that in the current Work Plan as proposed, there is
not a specific statement in regard to the Task Force' s feeling
regarding land acquisition. Mrs. Lynch suggested that the first
sentence of Work Plan element number 2 should be specific in regard
to the committees recommendation in terms of acquisition. It was
the consensus of the committee that the first sentence of Work Plan
element number 2 should read based on the previously identified
community needs and the positive aspects of the site and that the
Task Force recommends that the City acquire 78 acres North of the
intersection of proposed Vierling Drive and the Upper Valley
Drainageway.
Lynch/Murphy moved to recommend to City Council approval of the
proposed Municipal Facility Task Force Work Plan as amended.
Motion carried unanimously.
Rislund/Lynch moved to appoint Mr. Stillman to serve as the
spokesperson for the Task Force at the September 17 , 1991 City
Council meeting. Motion carried unanimously.
The meeting adjourned at 8 : 45 p.m.
Barry A. Stock
Recording Secretary
Minutes of the
Downtown Ad Hoc Committee
City Council Chambers
August 14, 1991
Vice-chairperson B. Wermerskirchen called the meeting to order at
7 : 50 a.m. with Commissioners D. Wermerskirchen, B. Wermerskirchen,
VanHorn, Fonder and Kahleck present. Barry Stock, Assistant City
Administrator was also present. Commissioner Keen and Phillips
were absent.
Kahleck/D. Wermerskirchen moved to approve the minutes of the July
10, 1991 meeting as kept. Motion carried unanimously.
Mr. B. Wermerskirchen asked if there were any items that the
committee wished to have added to the agenda. Commissioner Kahleck
requested that a discussion of the downtown plan be added to the
agenda.
Kahleck/Fonder moved to approve the agenda as amended. Motion
carried unanimously.
Mr. Stock stated that since Commissioner Kahleck had to leave early
it might be appropriate to discuss the downtown plan at this time.
Mr. Stock noted that several months ago the Downtown Committee did
submit a work plan to the City Council requesting that the downtown
plan be updated. It was Council ' s desire at that time to have
staff proceed with a downtown parking study on an in-house basis.
Commissioner Kahleck stated that last evening she attended the
Council budget worksession. At that time she brought up the
concept of updating the downtown revitalization plan. She felt
that if the Downtown Committee could identify specific work tasks
and parameters as well as a realistic cost estimate that the
Council might be willing to support an update to the downtown
revitalization plan. Commissioner Kahleck stated that there was
significant discussion regarding the north half of First Avenue and
its future development. Mr. Stock suggested that perhaps for the
next meeting it would appropriate for him to pull out the work
tasks that were identified several months ago so that the committee
might have a starting point. Mr. B. Wermerskirchen stated that it
was somewhat frustrating to attempt to visualize what the north
half of First Avenue would look like when the mini-bypass is
completed. He stated that he would not be supportive of doing
anything to the north side of First Avenue until the mini-bypass is
completed.
Commissioner VanHorn questioned what the role of the Chamber of
Commerce was in supporting downtown redevelopment and attracting
business to Shakopee. Mr. D. Wermerskirchen said that he did not
believe the Chamber has ever discussed in any great detail downtown
redevelopment and business attraction. Mr. Stock stated that
approximately ten years ago it was the Chamber of Commerce that
originally initiated discussion of downtown redevelopment. They
were also instrumental in convincing City Council at that time to
proceed with a downtown redevelopment study. However, since the
location of Canterbury Downs in Shakopee and the passage of the
hotel/motel tax much of the Chamber' s time has been spent on the
attraction of tourists to our community. Mr. Fonder stated that
another aspect to keep in mind is that the Chamber of Commerce is
a community organization and traditionally has been somewhat leery
about going out on a limb for one specific business sector within
a community. Mr. Fonder went on to state that it would be more
appropriate for the downtown businesses to form a coalition in an
attempt to attract business to the downtown area or resolve
problems that are common to their business area. Mr. Fonder stated
that most business owners are very independent. However, if there
is an issue that affects all parties they will come together.
Commissioner Fonder questioned whether the downtown business owners
want the City of Shakopee to make the businesses stronger or do the
businesses themselves want to make the downtown stronger. If the
latter occurs then the businesses have the power to do what they
feel is in the best interest of the downtown area. Mr. Fonder
stated that the downtown area in Shakopee is just a small part of
the community. He stated that he believes the businesses have to
get together and make the downtown area strong and not rely on City
Council. Mr. Fonder stated that it is a known fact that the City
has no dollars. If the downtown business owners come together and
promote and advertise the downtown area as a group the downtown
area will become a viable unit. Mr. D. Wermerskirchen questioned
whether or not the individuals on the Downtown Committee would be
willing to help develop a downtown coalition that would be totally
separate from the Downtown Committee. Commissioner Fonder, B.
Wermerskirchen, and VanHorn stated that they would be willing to
meet on a separate date to discuss how they might go about creating
a coalition.
Commissioner Kahleck stated that since she is not a downtown
business owner she has a different perspective on the importance of
downtown Shakopee to the community. She stated that she believes
the downtown is a focal point and provides identity to our
community. Many communities are striving to develop downtowns.
Shakopee has a downtown. She stated that the City should play a
role and that if something could be done with the north side of
First Avenue and Huber Park that in her opinion the downtown area
would become a more viable commercial area. Commissioner Fonder
stated that he agreed but that in his opinion the first step was to
get the existing businesses in downtown Shakopee to be viable and
strong. If the existing downtown businesses can attract people to
the downtown are other business owners will want to locate in the
downtown area and the City will want to do something to make it
more aesthetically pleasing. It was a consensus of the committee
members present to get together after today' s meeting to discuss
how they might go about creating a downtown coalition and what the
specific mission of the coalition would be.
Mr. Stock stated that the Engineering Department intern has done
some preliminary work on the downtown parking lot study. Mr. Stock
shared with the committee a longitudinal time analysis that was
taken on three separate time intervals on two specific days. Mr.
Stock noted that the preliminary analysis indicates that there does
not seem to be a parking problem at this point in time. However,
Mr. Stock stated that he intended to have another analysis
completed utilizing different time intervals. Mr. Wermerskirchen
stated that he believed that the next analysis should look at time
intervals between 3 : 00 and 6: 00 p.m. Mr. Stock also pointed out
that the parking analysis does not take into consideration that
when City Hall is relocated, approximately 18 City employees will
be parking on the south side of First Avenue.
Mr. D. Wermerskirchen commented on the two hour parking in the
center isle of the Second Avenue parking lot. He questioned
whether or not some of this parking should be reassigned to four
hour parking. Mr. Fonder stated that several years ago the
Downtown Committee undertook a complete re-posting of parking in
the downtown area. Mr. B. Wermerskirchen stated that generally he
did not believe that there was a problem with the existing posting
of parking hours in the downtown area. Mr. Stock noted that on the
east and west side of Holmes Street between 2nd and 3rd Avenue the
parking is posted for eight hour parking. He hoped that downtown
business owners would encourage their full-time employees to park
on street between 2nd and 3rd Avenue. The majority of the parking
in this area is eight hour parking.
Mr. Stock then shared with the committee an illustration of the
average daily traffic flow counts in the downtown area. He noted
that this data will be useful in determining where future parking
lots should be located. Mr. Stock stated that a final report will
be submitted to the committee at their next meeting.
Mr. Stock noted that the Chamber retail survey has been completed
but the results have not been tabulated. This item will also be
placed on the Downtown Committee' s next agenda.
Mr. Stock stated that the Community Development Commission denied
the committee' s request to eliminate the pay-back provision in the
rehab grant program. Mr. Stock stated that the Community
Development Commission felt that the program guidelines were more
than adequate and that they provide an excellent incentive to
stimulate building exteriors. Mr. Stock also noted that Mr. Jack
Brambilla has contacted City Hall with an interest in utilizing the
rehab grant program to redevelopment his property located at the
northeast corner of Lewis and First Avenue. Mr. Brambilla would
like to convert the building to retail space and relocate several
of his tenants who presently occupy space in the mini-bypass right-
of-way. Mr. B. Wermerskirchen stated that the redevelopment of
this facility would hopefully encourage further redevelopment of
the property on the north side of First Avenue. Mr. Stock stated
that Mr. Brambilla did express a concern regarding the future
development of Lewis Street between First Avenue and the mini-
bypass. Mr. Stock stated that he informed Mr. Brambilla that no
concrete plans have been established for this area. Mr. Stock did
note that the concept of turning Lewis Street into a mall area was
discussed several years ago but that again nothing has been firmly
determined. Mr. Stock also noted to Mr. Brambilla that it would
probably be possible to establish angle parking on at least one
side of Lewis Street between First Avenue and the mini-bypass.
In regard to the Downtown Committee' s recommendation to provide
additional staff in the 1992 budget for code enforcement, Mr. Stock
explained to the committee that the City' s 1992 budget looks rather
grim. He stated that he doubted whether there would be significant
changes in the amount of personnel time allocated to code
enforcement.
Fonder/VanHorn moved to adjourn the meeting at 8 : 50 a.m. Motion
carried unanimously.
Barry A. Stock, Recording Secretary
TO: Dennis R. Kraft, City Administrator
FROM: Tom Steininger, Chief of Police
SUBJECT: Block Party
DATE: August 21, 1991
INTRODUCTION: I approved a request to block East Shakopee Avenue
between Merritt St. and East 11th Avenue on
September 14th from 5-9 pm. Approval is contingent
on no complaints by neighbors and provision of
emergency vehicle access by people blocking street.
BACKGROUND: Last year, Council indicated they wanted me to deal
with these requests and to keep them advised.
ACTION REQUESTED: None. Memo supplied for information only.
i4LI
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
u
RE: Shakopee - City of the Third Class
DATE: August 26, 1991
I have been advised by the Secretary of State's Office,
Election Division, that Shakopee is a City of the 3rd Class. They
can not tell me the exact date of certification, without spending
a lot of time looking for the information. That is not, however,
important at this point in time.
I had inquired as to when Shakopee becomes officially a City
of the 3rd Class because the filing fees for elective office
increase at that time from $2 . 00 to $5. 00.
NNES01..
q Minnesota Department of Transportation #S
O 2
n ° Metropolitan District
?; Transportation Building
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117114Ve St. Paul, Minnesota 55155
OF TO Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to 5801 Duluth Street Golden Valley, MN 55422
Telephone No. 612-5914605
August 13 , 1991
David E. Hutton, Public Works Director
City of Shakopee
129 East First Avenue
Shakopee, MN 55379-1376
Re: C.S. 7005 (T.H. 101)
Crossover just East of Co. Rd. 18
Dear Mr. Hutton:
Mn/DOT will close the median crossover on T.H. 101 just east of
Scott County Road 18 as you requested in your letter of May 29 .
The crossover will be closed temporarily with traffic control
devices. If no problems occur within the first month, the process
to physically remove the crossover will begin.
Thank you for your concern.
Sincerely,
T. E. Campbell, P. E.
Acting District Traffic Engineer
TEC:pl:LOM
MINNESOTA
1990
An Equal Opportunity Employer
PLANNING COMMISSION MEETING MINUTES
Shakopee, Minnesota
Regular Session August 8, 1991
MEMBERS PRESENT: Joos, Lynch, Allen, Kahleck, Mars, and
Spurrier
MEMBERS ABSENT: Christensen
STAFF PRESENT: Lindberg Ekola, City Planner
Karen Marty, City Attorney
Terrie Sandbeck, Assistant City Planner
Jane VanMaldeghem, Recording Secretary
I. ROLL CALL:
Chrmn. Kahleck called the meeting of the Shakopee Planning
Commission to order at 7:35 p.m. Roll call was taken as noted
above.
II. APPROVAL OF THE AGENDA
The agenda was approved as presented.
III . APPROVAL OF JULY 11 AND JULY 24 , 1991 MEETING MINUTES
The meeting minutes for July 11 and July 24 , 1991 were
approved as presented.
IV. RECOGNITION OF INTERESTED CITIZENS
Chrmn. Kahleck recognized anyone present in the audience
wishing to speak on issues not on the agenda. There was no
response.
V. PUBLIC HEARING: PAULY CONDITIONAL USE PERMIT
The public hearing to consider an application for a
conditional use permit to operate a taxidermy business as a
home occupation was called to order by Chrmn. Kahleck.
Assistant City Planner presented the report. She stated the
applicant, John Pauly, is requesting a conditional use permit
to allow a home occupation in a R-1 district. She stated that
staff recommends approval subject to conditions.
Minutes of the Page - 2
Shakopee Planning Commission August 8, 1991
The applicant, John Pauly, was present for discussion. Mr.
Pauly stated he uses no chemicals in his taxidermy operation,
but only white gas for cleaning purposes. This gas is used
only in the garage area. He added that the animals are frozen
so there is no odor present.
Chrmn. Kahleck asked for comments from the audience. There
was no response.
The Planning Commission closed the public hearing.
MOTION: Spurrier/Lynch offered Conditional Use Permit
Resolution No. 617, allowing for a home occupation in an R-1
district to operate a taxidermy operation, and moved for its
adoption, subject to the following conditions:
1. The business operation must be contained in the
existing garage and home. No outdoor storage of
supplies, materials, finished products, or refuse will be
permitted.
2. All customer parking must be located near the existing
garage and at least 200 feet from Marschall Road (CR 17) .
3. Signage is limited to that allowed by ordinance only.
4. If complaints to City staff warrant a review by the
Planning Commission, the City Administrator shall have
the authority to require such a review.
5. All animal parts and bodies must be stored in
refrigerated facilities.
VOTE: Motion carried unanimously.
VI. PUBLIC HEARING: BRAMBILLA REZONING
The public hearing to consider an application for the rezoning
of property in an I-2 district to a B-1 zone was opened by
Chrmn. Kahleck.
City Planner stated the City received an application for
rezoning of 17.292 acres in the industrial park from I-2
(Heavy Industrial) to B-1 (Highway Business) . The applicants
are Jack and Doris Brambilla.
City Planner stated that he believes it is essential for
economic development purposes to protect the industrial zones.
He stated that in 1986 the City Council repealed Section
Minutes of the Page - 3
Shakopee Planning Commission August 8, 1991
11. 35, Subd. 3 .J that allowed, as a conditional use in the I-2
zoning district when abutting a state highway, the following:
1. Motels and tourist accommodations
2 . Automobile service stations
3 . Restaurants and supper clubs
4 . Drive-in establishments
5. Open sales or rental lots
City Planner added that the City repealed this ordinance based
on the Racetrack District Land Use Study. The purposes of
that study was to guide future development in the area near
the racetrack. He added that staff is not aware of any
changes in the development conditions in the industrial area
east of the racetrack that would cause any revisions from the
1986 land use study.
Chrmn. Kahleck questioned if there were additional I-2
businesses on the 17 acre parcel proposed for rezoning. City
Planner stated all the land is vacant.
City Planner stated the city received a letter from Conklin
requesting careful consideration of the proposed rezoning
before making any recommendation to the City Council.
Rod Krass, attorney, addressed the Planning Commission to
discuss the conditions facing the Brambilla' s.
Mr. Krass stated that when the City was looking at the
proposed mini-bypass, assurances were given to property owners
that the City would do all it could to help these residents
stay in business. The City was under the assumption they
would be regulating the condemnation procedures; later the
State took over the project. The Brambilla' s had been assured
at that time that their financial impact would be minimized in
exchange for no opposition. He stated the Brambilla' s have
looked hard to find an area within the City of Shakopee and
came upon this area because their business is very similar to
that of the Auto Auction located in this area. Mr. Krass
added that the Brambilla's do not necessarily want a general
rezoning, they just want to utilize this piece of property.
Mr. Krass suggested re-looking at the conditional use permit
issue for this zone as it had been in 1986. He stated that
since the amendment, he does not recall any I-2 businesses
coming into this particular area. A conditional use permit
would allow the City to place controls on the uses in the I-2
zone. He stated he is looking for some special consideration
for the Brambillas because the City implemented a plan very
beneficial to the City but of harsh impact to Brambilla' s.
Minutes of the Page - 4
Shakopee Planning Commission August 8, 1991
Chrmn. Kahleck asked if the City had ever suggested a type of
rezoning as an assurance measure. Mr. Krass responded that
specific measures had not been addressed.
Chrmn. Kahleck questioned if this was the only parcel useful
to the Brambilla's that could be rezoned. Mr. Krass stated
this parcel seems to make the most sense for Brambilla Motors.
Comm. Spurrier questioned the parcel size needed for Mr.
Brambilla and was informed Brambilla Motors needed seven
acres.
John Leroux addressed the Planning Commission. He stated that
had the mini-bypass process been quicker, Mr. Brambilla would
have been able to seek a conditional use permit in the I-2
zone. He stated his opposition to spot zoning, but supported
the alternative of reinstating the conditional use permit
provision in the I-2 zone for open sales lot and rental lots.
He stated this allowance could be reinstated with more
restrictive conditions, such as making it available only if
the city initiates a project causing the conditional use
permit process for the I-2 zones.
Chrmn. Kahleck asked why the conditional use permit had been
removed from the I-2 zone. Mr. Leroux responded that when the
Racetrack District came to be, this seemed to be inconsistent
with that zone.
Comm. Mars asked Mr. Leroux what the City had considered
offering Mr. Brambilla. Mr. Leroux stated there were no
specifics because there was no design; just assurance that the
City would help in every way possible.
Chrmn. Kahleck asked for further comments from the audience.
Jon Albinson, Valley Business Park, stated the reason for
eliminating the conditional use permit from the I-2 zone in
1986 was to guide future development in the Racetrack
District. He stated the reason it was taken out is still
valid and the I-2 land does not have to be used in this
manner. He added, there are other areas available for
commercial use. He stated he could not support the rezoning.
He stated when looking at the compatibility factor and the
possible risk to the general public that would be utilizing
the Brambilla business, he also could not support a
conditional use permit reinstatement in the 1-2 zone.
Comm. Spurrier stated that there are some examples of
businesses classified as B-1 uses that could be considered an
industrial use; such as Case, School Bus Sales, and Ziegler.
He suggested defining conditional use permit uses that could
Minutes of the Page - 5
Shakopee Planning Commission August 8, 1991
include the Brambilla business but exempt others; a definition
for a business that is industrial in character. He stated
that reinstatement of a conditional use permit in the I-2 zone
would have to pertain to a very narrow margin of clientele.
Comm. Joos stated that he does not believe rezoning is the
answer. He questioned any other way the City could put the
seven acres into the 17 acres without allowing other business
zoning uses.
City Attorney responded that rezoning this 17 acres would then
result in allowing all permitted uses in the B-1 district.
She stated an option would be to reinstate the conditional use
permit incorporating the distant criteria.
Comm. Mars stated he wants to see Brambilla Motors remain in
Shakopee but thinks there are other ways. He questioned why
a rezoning application was initiated when a month ago when the
Planning Commission had been informed by Mr. Brambilla that
rezoning would take too long. Mr. Brambilla responded that he
is trying all avenues available due to the time restraints
placed upon him by the State in the condemnation process.
Mr. Brambilla stated there is alot of 1-2 property available
and his business fits into this section very well.
Comm. Mars stated that the I-2 zone is designed to be used
around railroad spurs and the City should be protective of
uses that are available to help the I-2 user.
Mr. Brambilla stated he needs the wider roads that are
available in the I-2 zones for the RV uses. He added his
business is not primarily the sale of automobiles, but the
repair of recreational vehicles (RV's) and needs the bigger
equipment to service these vehicles; equipment that is
consistent with industrial uses.
Chrmn. Kahleck asked for further comments from the audience.
There were none.
The Planning Commission closed the public hearing on the
rezoning request.
Comm. Spurrier stated that out of the two options presented,
he prefers reinstating the conditional use permit into the I-2
zone but only if a definition could be made for a very narrow
use.
Minutes of the Page - 6
Shakopee Planning Commission August 8, 1991
MOTION: Joos/Mars moved to recommend to the City Council
denial of the rezoning request of Lot 1, Block 4, Valley Park
1st Addition and Outlot D, Valley Park 1st Addition from Heavy
Industrial (I-2) to Highway Business (B-1) .
VOTE: Motion carried with Comm. Allen voting no.
Discussion was held on the City being able to amend the
conditional uses permitted in the I-2 zone.
MOTION: Joos/Lynch moved to direct staff to prepare an
amendment to the zoning ordinance to allow certain uses near
highways, similar to repealed Section 11.33, Subd. 3.J, with
the recommendation of implementing a distance factor, and
making this amendment very restrictive.
Comm. Allen stated this motion is reflective of spot rezoning.
Comm. Mars stated that placing the conditional use permit back
into the I-2 zone goes against good planning.
Comm. Spurrier stated the radius concept is workable and is
used quite often in cities.
ROLL CALL: Ayes - Joos, Spurrier, Lynch, Allen
Noes - Kahleck, Mars Motion carried.
VII. FINAL PLAT - EAGLE CREEK JUNCTION 3RD ADDITION
Assistant City Planner stated Laurent Builders, Inc. , has
submitted a final plat for Eagle Creek 3rd Addition located
south of Eagle Creek Blvd. and abutting Roundhouse Circle to
the west. The applicant proposes to replat Lot 4 and part of
Lots 2 and 3 of Eagle Creek 2nd Addition.
Comm. Spurrier questioned where the drainage would be located.
Randy Laurent, developer, responded between Lots 6 and 7,
along Eagle Creek Blvd. , in a public drainage easement to the
Upper Valley Drainageway.
MOTION: Allen/Lynch moved to recommend to the City Council
approval of the final plat for Eagle Creek 3rd Addition,
subject to the following conditions:
1. Approval of title opinion by the city attorney.
2 . Execution of a developers agreement for construction of
required improvements:
a) Street lighting to be installed in accordance with
the requirements of the SPUC manager.
Minutes of the Page - 7
Shakopee Planning Commission August 8, 1991
b) Water system to be installed in accordance with
the requirements of the SPUC manager.
c) Installation of sanitary sewer and storm sewer
system and construction of streets and street
signs in accordance with the requirements of the
Design Criteria and Standard Specifications of the
City of Shakopee.
d) Cash payment in lieu of park dedication
3 . A sidewalk along all lots, including Outlot A, will be
required along County Road 16, as per sidewalk agreement
filed with the Scott County Recorder on December 31, 1986
(No. 228468) . Pursuant to this agreement, the city will
construct the sidewalk; public hearings and appeals to
the assessments have been waived. Sidewalk installation
shall not be required until upgrading of County Road 16
is complete.
4 . The developer will be responsible for the grading of the
plat as per the drainage plan.
5. The developer shall enter into an access agreement as
follows: No access to County Road 16 will be allowed,
except at proposed street, Roundhouse Circle.
6. The developer shall obtain and provide a public drainage
easement across the property to the north of County Road
16 to the upper valley drainage way and dedicate the
easement to Scott County or the city of Shakopee as
appropriate.
7 . The developer and/or Scott County Highway Department
shall perform the needed drainage work in the County Road
16 right-of-way and in the drainage easement to the upper
valley drainage way.
VOTE: Motion carried unanimously.
VIII.PUBLIC HEARING; WOOD STORAGE ORDINANCE
The public hearing to consider a proposed ordinance
amendment regarding wood storage was opened by Chrmn.
Kahleck.
The Planning Commission discussed the proposed regulations
regarding firewood storage.
Chrmn. Kahleck asked for comments from the audience. There
was no response.
Minutes of the Page - 8
Shakopee Planning Commission August 8, 1991
The Planning Commission closed the public hearing.
MOTION: Joos/Allen moved to recommend to the City Council the
approval of an ordinance amendment controlling wood storage in
the residential, commercial, and industrial zoning districts,
and moved for its adoption.
VOTE: Motion carried unanimously.
IX. OTHER BUSINESS: CODE ENFORCEMENT
City Planner stated that at the Planning Commission meeting of
July 11, 1991 the Commission moved to recommend to the City
Council the addition of a Code Enforcement Officer to the 1992
Planning Department budget. The consensus from that meeting
was that zoning ordinance enforcement was the most needed type
of enforcement at this time.
The City Planner stated that the planning staff has
developed a process to improve the efficiency of zoning
ordinance enforcement by way of forms and letters. The
process consists of two violation letters, one warning
ticket, and then legal action. City Planner added that
regardless of the budget process, staff would like to
immediately begin implementation of this zoning enforcement
process.
Discussion was held on which city department would handle the
complaints and enforce the ordinance. City Planner stated
this designation will be very important in the re-writing of
the ordinance. However, the process as established by the
Planning Department does not preclude the hiring of a Code
Enforcement Officer.
MOTION: Joos/Mars moved to direct staff to begin implementing
the proposed zoning enforcement process.
VOTE: Motion carried unanimously.
OTHER BUSINESS: WOOD STORAGE AMENDMENT
MOTION: Mars/Joos moved to reconsider the action on the wood
storage ordinance.
VOTE: Motion carried unanimously.
MOTION: Joos/Allen moved to amend the recommend to the City
Council on the approval of an ordinance amendment
controlling wood storage in the residential, commercial, and
Minutes of the Page - 9
Shakopee Planning Commission August 8, 1991
industrial zoning districts to include the recommendation
that compliance of the ordinance be May 1, 1992 .
VOTE: Motion carried unanimously.
MOTION: Mars/Allen moved to recommend to the City Council
that a copy of the ordinance be included with the utility
bills after code enactment.
VOTE: Motion carried unanimously.
OTHER BUSINESS: HOUSING INSPECTOR JOB DESCRIPTION -
City Planner stated that it is important that the terminology
on Code Enforcement Office and Housing Inspector be clearly
defined.
OTHER BUSINESS: CONDITIONAL USE PERMIT/NON-COMPLIANCE
Discussion was held on conditional use permit applicants that
do not meet the conditions of their conditional use permit
resolution. A recommendation was to forward some type of
warning to the applicant.
MOTION: Joos/Lynch moved to direct staff to send a letter
indicating that the conditional use permit is in non-
compliance, and the city will be monitoring their conditional
use permit very carefully.
VOTE: Motion carried unanimously.
The City Attorney stated that the ready mix operations on
County Road 83 , constructed for use with the gravel pit
operation remains on-site and in non-compliance. The City
Attorney added that a notice will be published for conditional
use permit revocation to be considered by the City Council on
August 20, 1991.
OTHER BUSINESS: MCKENNA SAND AND GRAVEL MINING PERMIT
The City Attorney stated that the mediation process for the
conditional use permit for the McKenna Sand and Gravel Mining
operations is progressing very well, but would not be
completed by the continued public hearing date of August 21.
She suggested the continuation of the public hearing to a
later date.
Minutes of the Page -10
Shakopee Planning Commission August 8, 1991
MOTION: Spurrier/Allen moved to continue the public hearing
on the McKenna Sand and Gravel Mining operations to September
11, 1991.
VOTE: Motion carried unanimously.
City Planner announced that based on this decision, there
would be no special meeting of the Planning Commission on
August 21, 1991.
X. ADJOURNMENT
The regular session of the Shakopee Planning Commission
adjourned at 10:00 p.m.
Jane VanMaldeghem
Recording Secretary
BOARD OF ADJUSTMENTS AND APPEALS
Shakopee, Minnesota
Regular Session August 8, 1991
MEMBERS PRESENT: Kahleck, Lynch, Mars, Allen, Spurrier and
Joos
MEMBERS ABSENT: Christensen
STAFF PRESENT: Lindberg Ekola, City Planner
Terrie Sandbeck, Assistant City Planner
Karen Marty, City Attorney
Jane VanMaldeghem, Recording Secretary
I. ROLL CALL
Chrmn. Joos called the meeting of the Shakopee Board of
Adjustment and Appeals to order at 7: 30 p.m. Roll call was
taken as noted above.
II . APPROVAL OF THE AGENDA
The agenda was approved as presented.
III. APPROVAL OF JULY 11, 1991 MEETING MINUTES
The meeting minutes were approved as presented.
IV. RECOGNITION OF INTERESTED CITIZENS
Chrmn. Joos recognized anyone present in the audience wishing
to speak on issues not on the agenda. There was no response.
V. PUBLIC HEARING: PIEPER VARIANCE -
City Planner stated that Vernon and Cindy Pieper had applied
for a 5 foot side yard variance to construct an addition onto
the back of their existing garage. He added that further
research revealed the existence of Variance Resolution No. CC-
176, adopted by the City Council August 1, 1979, which
indicated a blanket variance to Lots 6, 7 and 8 of Block 5,
and Lots 18 , 19 , 20 and 21 of Block 6, Jacksonview Addition.
Staff has interpreted this variance as a permanent one that
remains in effect and, therefore, has canceled the public
hearing.
Minutes of the Page -2
Board of Adjustment and Appeals August 8, 1991
VI. OTHER BUSINESS
There was no other business for the Board of Adjustments and
Appeals.
VII. ADJOURNMENT
The Board of Adjustments and Appeals adjourned their meeting
at 7 : 35 p.m.
Jane VanMaldeghem
Recording Secretary
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN September 5, :1991
Chairperson Melanie Kahleck Presiding
1. Roll Call at 7: 30 P.M.
2 . Approval of Agenda
3 . Approval of the August 8, 1991, Meeting Minutes
4 . Recognition by Planning Commission of Interested Citizens.
5. 7 : 50 P.M. PUBLIC HEARING: To consider a proposed ordinance
amendment to add retail sales business to the conditional uses
allowed in a Heavy Industrial Zone (I-2) .
6. 8 : 00 P.M. PUBLIC HEARING: To consider an application for a
conditional use permit to allow the applicant to move a mobile
home onto his father's farm at 2967 Marschall Rd.
Applicant: Rick Jeurissen
Action: Resolution No. 622
7 . 8: 10 P.M. PUBLIC HEARING: To consider an application to amend
Condition Use Permit No. 576 which would allow the applicant
to enclose his concrete ready mix plant in order to do
business year around.
Applicant: Model Stone Company
Action: Amend Resolution No. 576
8 . 8 : 20 P.M. PUBLIC HEARING: To consider the preliminary and
final plat of Mulberry Meadow 1st Addition.
Applicant: S. J. Heller Corporation
Dean and Verena Smith
Action: Approve preliminary and final plat
9 . 8 : 30 P.M. PUBLIC HEARING: To consider the preliminary and
final plat of Mark' s Addition.
Applicant: Mark J. Weinandt
Action: Approve preliminary and final plat
10. 8 :40 P.M. PUBLIC HEARING: To consider an application for a
conditional use permit to allow moving a dwelling onto the
3000 block of Marschall Rd.
Applicant: John and Mary McReynolds
Action: Resolution No. 623
11. 8: 50 P.M. PUBLIC HEARING: To consider a request to rezone a
portion of property at 1440 W. 3rd Ave. from a R-4 district to
a B-1 district in order to allow for a proposed plat to have
uniform zoning.
Applicant: Cletus Link
Action: Approve Rezoning from R-4 to B-1
12 . 9 : 00 P.M. PUBLIC HEARING: To consider the preliminary and
final plat of the West End Addition.
Applicant: Cletus Link
Action: Approve preliminary and final plat
13 . Final Plat: To consider the final plat of The Meadows 6th
Addition.
Applicant: Gold Nugget Development Inc.
Action: Approve final plat
14 . Review the Capital Improvement Program (CIP) and make
recommendation to the City Council.
15. Other Business
a.
b.
c
16. Adjourn
Lindberg S. Ekola
City Planner
NOTE TO PLANNING MEMBERS:
1. If you have any questions or need additional information on any
of the above items, please call Lindberg or Aggie on the Monday
or Tuesday prior to the meeting at 445-3650.
2 . If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
1� C�
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN September 5, 1991
Chairperson Terry Joos Presiding
1. Roll Call at 7 : 30 P.M.
2 . Approval of Agenda
3 . Approval of August 8, 1991, Meeting Minutes
4 . Recognition by Board of Adjustments and Appeals of Interested
Citizens.
5. 7 : 30 PUBLIC HEARING: To consider an application for variances
from the required lot size and side yard setbacks to construct
two buildings on two lots at 718 W. 3rd Ave.
Applicant: Nancy Lee and Patrick Blood
Action: Resolution No. 621
6. 7 :40 PUBLIC HEARING: To consider an application for a variance
from the required lot size to move a dwelling onto the 3000
block of Marschall Rd.
Applicant: Mark J. Weinandt
Action: Resolution No. 619
7. Other Business
a.
b.
c.
8 . Adjourn
Lindberg S. Ekola
City Planner
NOTE TO THE B.O.A.A. MEMBERS:
1. If you have any questions or need additional information on any
of the above items, please call Lindberg or Aggie on the Monday
or Tuesday prior to the meeting.
2 . If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
-t- 11
September
UPCOMING MEETINGS
SUN MON TUE WED THU FRI SAT
1 2 3 14 5 6 7
City Hall 7:00pm City 7:30pm
Closed Council Planning
Meeting Commission
8 9 10 11 12 13 114
4:30pm 7:45am
Public Downtown
Utilities Committee
15 16 17 18 19 20 21
7:00pm City 5:00pm CDC
Council 7:00pm
Meeting Energy and
Transport-
ation
22 23 214 25 26 27 28
7:00pm Park
& Rec.
Board
29 30
August October
S Ni T W T F S S Ni T W T F S
1 2 3 1 2 3 4 5
4 5 6 7 8 9 10 6 7 8 9 10 11 12
11 12 13 14 15 16 17 13 14 15 16 17 18 19
18 19 20 21 22 23 24 20 21 22 23 24 25 26
25 26 27 28 29 30 31 27 28 29 30 31
4- lo-
BUSINESS UPDNI E FROM CITY HALL
Vol. 5 No. 9
Dear Chamber Member: September 1, 1991
l uiiltliiiQ located behind the Police/Public Works
building on Gorman Street.
Single family and twin-home starts now
total 103 compared to 73 through August The City of Shakopee is currently evaluating
of last year. The year end total for 1990 alternatives to comply with a new State
was 100 homes which tied the all time City statute that requires all cities over 5,000
high. population to insure that all residents are
provided with refuse collection service.
The total number of building permits Options being discussed include moving
issued through August 1991 as compared towards a closed refuse collection system or
to 292 in 1990 is up 19 permits over last licensing all refuse haulers providing refuse
year. However, the total valuation for collection service within the Shakopee city
1991 to August was $13,044,333 as limits. City Council is expected to make a
compared to $25,813,994, down decision on their preferred course of action
$12,769,661 as compared to last year. at their first meeting in September.
The new Marquette Bank building plans �11IIIeerlll��plib�1C
are being reviewed with the start of
construction expected shortly. `Yorks
City Clerk Bids are currently being solicited for the
Tahpah Park Sprinkler System Project. This
project was made possible by the generous
The terms of the Mayor and three contributions of the Shakopee Jaycees. The
Councilmen will be expiring December 31, bid opening is scheduled for September 3,
1991. Affidavits of candidacy for the 1991.
November 5th City Election are now open
and may be filed in the office of the City The City Council recently re-affirmed their
Clerk, 129 East 1st Avenue, between 8:00 position to close the Naumkeag Street
a.m. and 4:30 p.m. until September 10th. railroad crossing in favor of opening up a
At their regular meetings on August 6th, new crossing at Market Street. The City is
the City Council decided to place an item currently waiting for the approval from the
on the November ballot to reduce the size State on this proposal.
of the City Council from six to five
members. police
The old saying, "A picture is worth a
COiil 111 Ilillty
thousand words" will take on new meaning
'Development for persons arrested for driving under the
influence in Shakopee. The Shakopee Police
The date for the Fall Yard Waste Department, Mothers Against Drunk Driving
Collection Program has been set for (HADD) and Mrs. Jan Snyder of Snyder
Saturday, November 9, 1991. The special Drug Stores have combined forces to
program will provide for the free disposal purchase a portable video system which
of yard waste and leaves for Shakopee mounts in a patrol car and is designed to
residents between the hours of 7:00 a.ni. - provide a videotaped record of drunk driving
4:00 p.m. The collection site will be arrests.
The system records the driving leading to
the arrest, the arrest itself, and any field
sobriety testing which takes place.
Conversations between the arresting officer
and the suspect are recorded by a remote
microphone which is worn by the officer.
In addition to giving the prosecutor parity
with some of the gimmicks continually
produced in courtrooms by defense
attorneys, the system enchances officer
safety by recording assaultive behavior
against the police and provides officers with
a degree of protection against frivolous
claims of police misconduct.
MADD coordinated things with Mrs.
Snyder. who paid for half of the system.
Some drug dealers who were kind enough to
leave some money with us in the form of
forfeitures paid for the other half.
Dark % Fecreaticii
The Fall Park & Recreation brochure,
published jointly between the Shakopee
Public School's Community Education
Department and the City of Shakopee s Park
& Recreation Department. should be
delivered to local residents by September 6,
1991.
4+ 3
August 15, 1991 J. .;.t
AUG 2 9 1991
City of Shakopee, Minnesota
129 E. First Avenue C!7y C --
Shakopee, Minnesota 55379 •::::-;;;,;-; -_
Attn: Judy Cox
RE: Canterbury Inn, Shakopee, Minnesota
Dear Judy:
MIN Hotel Corp. , an Oklahoma corporation, licensed to do
business in the State of Minnesota, is the current holder of the
liquor license from the City of Shakopee for the above-referenced
property. The purpose of this letter is to inform the City of
Shakopee that on August 15, 1991, one hundred percent (100%) of the
stock of MIN HOtel Corp. , was purchased by George D. Oh and Linda
L. Oh, married individuals. Accordingly, George D. Oh and Linda
L. Oh each enclose the required application form for the City
Shakopee. If you have any questions, please call George Oh at
(206) 627-0909 .
MIN HOTEL CORP.
By:
71:tt;
,
President
Enclosure
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 3 , 1991
Mayor Gary Laurent presiding
1] Roll Call at 7 : 00 P.M.
2 ] Approval of Agenda
3 ] Recess for H.R.A. Meeting
4 ] Re-convene
5] Liaison Reports from Councilmembers
6] Mayor' s Report
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
8] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
9] Communications:
10] 7 : 30 P.M. Public Hearing to consider the making of improve-
ments by replacing sidewalks within the area South of 4th
Avenue, West of Lewis Street and North of 10th Avenue
11] Boards and Commissions: Energy and Transportation
a] Refuse Collection License
b] City Refuse/Recycling Collection - Request for Proposals
12 ] Reports from Staff:
*a] Application for Liquor Licenses - Dangerfield' s
Restaurant Inc.
b] St. Francis Hospital
c] 1991 Budget Amendments - Res. No. 3459
*d] Approve Bills in Amount of $93 , 119 . 16
*e] O ' Dowd Park Trail
f] Swimming Pool Improvements
g] Shakopee Bypass - Informational
TENTATIVE AGENDA
September 3 , 1991
Page -2-
13 ] Resolutions and Ordinances:
*a] Res. No. 3457 - Declaring the Cost to be Assessed for
Bluff Avenue, Project 1990-7
*b] Res. No. 3460 - Declaring the Cost to be Assessed for
Shumway and Scott Street, Project 1991-1
14] Other Business:
a]
b]
c]
15] Adjourn to Tuesday, September 17 , 1991
Dennis R. Kraft
City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting September 3 , 1991
1 . Roll Call at 7 : 00 P.M.
2 . Approval of the August 6 and August 20, 1991 Meeting Minutes
3 . Resolution 91-3 - Amending the HRA Budget
4 . Other Business
a) Informational - 5th Ave./Market St.
Land Use (Zoning) Alternatives
b)
5. Adjourn
Dennis R. Kraft
Executive Director
PROCEEDINGS OF SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MN AUGUST 6, 1991
Comm. Zak called the meeting to order at 7:04 p.m. with Comm.
Vierling, Wampach, Clay and Sweeney present. Also present were
Dennis Kraft, City Administrator; Barry Stock, Asst. City
Administrator; Lindberg Ekola, City Planner; Dave Hutton, City
Engineer; Karen Marty, City Attorney; and Judith S. Cox, City
Clerk.
Clay/Vierling moved to approve the minutes of July 2, 1991. Motion
carried unanimously.
Barry Stock gave an overview of the proposed acquisition of the
property on 5th Avenue and Market Street. He reviewed two options
that are available. Option 1 provides platting the property into
six lots. The city would incur development costs. He noted that
under this scenario the net loss to the HRA would be approximately
$5, 480.00. Staff is not recommending the waiving of park dedication
fees as they would only amount to approximately $4100. 00. Option 2
involves a lump sum sale of the property and could include
utilizing the capital improvement fund to cover the cost of the
pending assessments for the street improvements.
Vierling/Wampach moved to authorize the appropriate HRA officials
to acquire from the City of Shakopee the property formally owned by
Gordon Gelhaye and the railroad located adjacent to the 5th Avenue
and market Street Project for the amount of $54 ,440. 53 with the
assessments to be the responsibility of the HRA. Motion carried
unanimously.
Sweeney/Vierling moved to adjourn. Motion carried unanimously.
Meeting adjourned at 7:25 p.m.
Dennis Kraft,
City Administrator
Carol L. Schultz,
Recording Secretary
OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY
SPECIAL SESSION SHAKOPEE, MINNESOTA AUGUST 20, 1991
Chairman Zak called the meeting to order at 7 : 01 p.m. with Comm.
Vierling, Clay, Sweeney and Wampach present. Also present were
Dennis Kraft, City Administrator; Barry Stock, Asst. City
Administrator; Dave Hutton, City Engineer; Lindberg Ekola, City
Planner; Karen Marty, City Attorney, Judith S. Cox, City Clerk; and
Mayor Laurent.
Sweeney/Vierling offered Resolution No. 91-1, A Resolution
Requesting the Shakopee City Council to Consent to the Levy of a
Special Tax by the Housing and Redevelopment Authority in and for
the City of Shakopee, and moved for its adoption. Motion carried
unanimously.
Vierling/Clay offered Resolution No. 91-2, A Resolution Adopting a
General Fund Budget for 1992, and moved for its adoption. Motion
carried unanimously.
Sweeney/Vierling moved to adjourn to September 5, 1991. Motion
carried unanimously.
Meeting adjourned at 7 : 08 p.m.
Dennis Kraft,
Executive Director
Carol L. Schultz,
Recording Secretary
•
MEMO TO: Dennis R. Kraft, HRA Executive Director
FROM: Barry A. Stock, Assistant City Administrator
RE: Resolution 91-3 Amending the 1991 HRA Budget
DATE: August 26, 1991
INTRODUCTION:
The attached resolution amends the 1991 HRA Budget to reflect the
HRA's acquisition of property located adjacent to the 5th Avenue
and Market Street project.
BACKGROUND:
On August 6, 1991 the Shakopee HRA authorized the appropriate HRA
officials to acquire from the City of Shakopee the property
formerly owned by Gordan Gelhaye and the railroad located adjacent
to the 5th Avenue and Market Street project for the amount of
$54 ,440. 53 with the assessments to be the responsibility of the
HRA. The Shakopee City Council subsequently took action
authorizing the appropriate City officials to sell the property to
the Shakopee HRA at the previously stated price.
Resolution 91-3 amends the 1991 HRA Budget allocating funds to off-
set the acquisition costs that will be incurred. Funds are being
transferred from the HRA fund balance to finance said acquisition.
The issue of pending assessments will not have to be addressed
until the 5th Avenue/Market Street project is complete. The Public
Works Director has stated that a final assessment hearing on the
5th Avenue/Market Street project will not be scheduled until 1992.
The proposed 1992 HRA Budget does not include funding for the
pending assessments at this time. Staff is proposing that when the
final assessments are calculated that the 1992 Budget be amended
accordingly. Again, the HRA fund balance will be utilized to cover
the cost of any pending assessments.
ALTERNATIVES:
1. Offer Resolution No. 91-3 Amending the 1991 HRA Budget and
move its adoption.
2 . Do not approve Resolution No. 91-3 Amending the 1991 HRA
Budget.
3 . Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
Offer Resolution No. 91-3 Amending the 1991 HRA Budget and move its
adoption.
RESOLUTION NO. 91-3
A RESOLUTION AMENDING THE 1991 HRA BUDGET
WHEREAS, the Shakopee Housing and Redevelopment Authority has
adopted a Budget for the fiscal year and;
WHEREAS, the Shakopee Housing and Redevelopment Authority
finds it desirous to acquire property from the City of Shakopee for
redevelopment purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE HOUSING AND
REDEVELOPMENT AUTHORITY, that the accounts are changed as follows:
FUND DIVISION ACCOUNT AMOUNT
General None 15-4507-191-19 +$54,440.53
Adopted in session of the Housing and
Redevelopment Authority in and for the City of Shakopee, Minnesota,
held this day of , 1991.
Chairman of the Housing Authority
ATTEST:
Executive Director
Approved as to form:
City Attorney
4 LI a ,
MEMO TO: Dennis R. Kraft, HRA Executive Director
FROM: Barry A. Stock, Assistant City Administrator
RE: 5th Avenue/Market Street Land Use (Zoning) Alternatives
DATE: August 26 , 1991
INTRODUCTION AND BACKGROUND:
On August 6, 1991 the Shakopee HRA discussed the possibility of
rezoning the property adjacent to the 5th Avenue/Market Street to
a higher intensity. At that time, the HRA directed the appropriate
HRA officials to investigate the impact of various zoning
intensities on the area and report back to the HRA. I would like
to report that I have not had time to complete a thorough analysis
of this issue. However, I fully intend to have it on the next
agenda of the HRA for the Authority' s review and comment.
ID
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: 1991 Sidewalk Replacement Project
DATE: August 25, 1991
INTRODUCTION:
Attached is Resolution No. 3458 which orders an improvement and
authorizes the advertisement for bids for the Sidewalk Replacement
Program.
A public hearing has been scheduled for tonight September 3 , 1991
in order to consider the Sidewalk Replacement Program improvement.
In 1989 the City Council adopted a policy whereby all sidewalk
replacement in Shakopee would be funded 50% by the abutting
property owners and 50% by the City of Shakopee. This policy was
adopted in the City Code under Section 7 . 16 on August 25, 1989.
The Engineering Department has divided the City up into various
sidewalk zones and inspected the sidewalk in order to determine how
much sidewalk needs replacing. In 1990 the first phase of the
project was completed and now staff is proposing to replace the
defective sidewalk in the second phase of this project.
A list of locations has been identified and the amount of sidewalk
that needs replacing has also been determined. Staff is now ready
to bid out the project and hire the contractor to do the work.
Since 50% of the costs for this project will be assessed to the
abutting property owner, a public hearing must be held prior to
ordering the improvement. At the conclusion of the public hearing,
staff is requesting permission to advertise for bids on this
project.
Attached is Resolution No. 3458, which orders the improvement and
authorizes the advertisement for bids for the 1991 Sidewalk
Replacement Program.
ALTERNATIVES:
1. Adopt Resolution No. 3458.
2 . Deny Resolution No. 3458 .
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 3458
which orders the improvement and authorizes the advertisement for
bids on this project.
ACTION REQUESTED:
Offer Resolution No. 3458 , A Resolution Ordering an Improvement and
Authorizing Advertisement for Bids for the 1991 Sidewalk
Replacement Program, Project No. 1991-7 and move its adoption.
DH/pmp
MEM3458
RESOLUTION NO. 3458
A Resolution Ordering An Improvement
And Authorizing Advertisement For Bids
For The 1991 Sidewalk Replacement Program
Project No. 1991-7
WHEREAS, pursuant to Resolution No. 3452 adopted by City
Council on August 20, 1991, fixed a date for Council hearing on the
proposed improvement of the 1991 Sidewalk Replacement Program; 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 3rd day of September 1991, at which all
persons desiring to be heard were given an opportunity to be heard
thereon; and
WHEREAS, David Hutton, Public Works Director has prepared
plans and specifications for the improvement of the Sidewalk
Replacement Program and has presented such plans and specifications
to the Council for approval; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1 . That the 1991 Sidewalk Replacement Program is ordered.
2 . Such plans and specifications for the Sidewalk Replacement
Program, a copy of which is on file and of record in the Office of
the City Engineer, are hereby approved.
3 . The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvements under such
approved plans and specifications. The Advertisement for Bids
shall be published for ten days, shall specify the work to be done,
shall state that bids will be received by the City Clerk until
10: 00 A.M. , on September 24 „ 1991, at which time they will be
publicly opened in the Council Chambers of the City Hall by the
City Clerk and Engineer, or their designated party, will then be
tabulated, and will be considered by the Council at 7 : 00 P.M. , or
thereafter on October 1, 1991, in the Council Chambers, and that no
bids will be considered unless sealed and filed with the City Clerk
and accompanied by a cash deposit, cashier's check, bid bond or
certified check payable to the order of the City of Shakopee for
not less than five (5%) percent of the amount of the Bid.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
/0
September 3, 1991
Shakopee City Council
City Of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
To whom it may concern:
I presently do not have city sidewalks, and do not want it installed. Listed
below are some points I would like to make against sidewalk installation:
°Sidewalks are seldom used and require extra work in the winter.
°Postal workers do not even use them.
°Streets are 44 feet wide, so sidewalks are not needed.
°In the newer parts of the city where streets are only 38 feet wide sidewalks
are not required.
°When Lewis and Sommerville Streets were redone, people without sidewalks were
not made to put them in.
Please be consistant when making your decision.
Sincerely,
John Lang
JL/smo
John Lang
722 West 6th Avenue
Shakopee, MN 55379
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Refuse Collection License
DATE: August 23 , 1991
INTRODUCTION:
The 1991 Legislature passed a new law that attempts to end the
allegedly wide spread problem of people free loading by dumping
their garbage in other peoples trash bins. The law requires all
City's over 5, 000 population to insure that all their residents and
businesses have garbage collection service. City' s may meet this
requirement in a variety of ways including an Ordinance, license
provisions, contracts or municipal service. On August 21, 1991 the
Energy & Transportation Committee discussed how the City of
Shakopee might comply with the State mandate. The Committee is
recommending that the City Council authorize the appropriate City
officials to draft an ordinance that would require the licensing of
all refuse haulers providing refuse collection service in the
Shakopee City Limits.
BACKGROUND:
In the fall of 1989 the Shakopee Energy & Transportation
Committee recommended to City Council that the City adopt an
ordinance amending the refuse collection section of the Shakopee
City Code to provide for a closed refuse collection system.
Council subsequently denied the committee' s recommendation but
directed staff to revisit the issue when the refuse/recycling
request for proposals are drafted.
The City' s refuse/recycling contract with Waste Management,
Inc. expires on January 14 , 1992 . Therefore, staff is in the
process of preparing a set of refuse/recycling request for proposal
specifications. Prior to soliciting the request for proposals from
various vendors, staff would like Council to determine how they
wish to deal with the new legislation.
One method of dealing with the State mandate would be to move
towards a closed refuse program. Under our present open contract
system, Shakopee residents have the option of either selecting the
City's contracted refuse hauler or the private hauler of their
choice. Shown in Attachment #1 is a draft ordinance which would
move the City of Shakopee in the direction of a closed refuse
collection program. The ordinance requires all households within
the Shakopee City Limits to receive refuse collection service. A
residential unit for the purpose of the ordinance includes all
residential up to and including three-plexes.
Currently there are several communities in the metro area
operating under a closed refuse contract system including the
City's of Excelsior, Robbinsdale, Minneapolis, Hopkins, St. Louis
Park, Columbia Heights and New Prague. The rationale adhered to by
those City's operating under a closed system are as follows:
1. A closed system insures that all refuse is disposed of in a
manner which protects the health, welfare and safety of the
residents.
2 . A closed system limits the number of garbage trucks that are
traveling on City streets and/or alleys and thereby increases
the life expectancy of the City's infra-structure.
3 . A closed system will help insure the use of uniform refuse
containers which are more aesthetically pleasing and rodent
proof than randomly selected disposal methods.
4 . A closed refuse program insures collection at all households
within the refuse collection service area. Under a closed
refuse collection system, all residents would be billed on
their utility bills for service and therefore would more than
likely utilize the service.
5. The use of a closed system streamlines the complaint process.
6. Dealing with a closed system (one hauler) will make it easier
for the City to monitor and enforce State and local mandates.
7. A closed system will reduce the potential for illegal dumping
since all households will be provided with refuse collection
service and billing.
The draft ordinance does not include the provision and
monitoring of service to business establishments. While the new
State mandate does require that the City insure refuse collection
at all businesses, staff does not believe it would be possible to
develop a closed refuse program that would include the collection
from commercial establishments. Staff also does not believe there
is a problem with business establishments in terms of their illegal
disposal of refuse.
In previous years it was not possible to include the entire
City limits within the refuse collection program area due to the
limited service area of Shakopee Public Utilities. Now that the
Shakopee Public Utilities Commission has authority over the entire
City limits, we have the ability to bill all residents for refuse
collection service.
The Energy & Transportation Committee was hesitant to propose
movement towards a closed refuse collection system for the
following reasons:
1. The committee felt that moving towards a closed system would
disrupt many residents. Moving towards a closed system would
have to include the rural area. Presently, none of these
residents are being served with the City's refuse hauler.
2 . The committee felt that it was possible to maintain the status
quo in terms of our present refuse collection system and still
comply with State mandate by moving towards a refuse license
program.
The refuse license concept recommended by the Energy &
Transportation Committee would also require an amendment to
Shakopee City Code. Shown in Attachment #2 is a draft ordinance
that would provide for the licensing of all refuse haulers
operating in the Shakopee City limits. The proposed ordinance
would require that all refuse haulers apply for a license on an
annual basis. Additionally, all refuse haulers would be required
to submit on an annual basis a list of all their customers. The
City could then cross reference this list with the Shakopee Public
Utility list of customers to insure that all units are being
provided with refuse collection service. The committee does
recognize that this would be a time consuming task and therefore
would recommend that the license fee be set high enough to cover
any additional cost incurred by the City in cross referencing said
list. Additionally, the committee believes that the licensing
concept would also provide the City with a method of insuring that
all business establishments are being provided with some type of
service.
If the City were to pursue the closed refuse collection
option, a franchise fee could be included on the rate to help
offset City costs incurred in administering the contract including
State compliance procedures. If we assume a conservative refuse
collection rate of $12 . 00 per month and 3 , 000 residential units in
Shakopee, a 5% franchise fee (gross revenues) would generate
approximately $22, 000. 00 per year in revenue. Currently, the City
adds a . 25 cent per household administrative fee onto the refuse
collectors rate. The administrative fee presently generates
approximately $9, 000. 00 per year of which approximately $6, 000. 00
is paid to Shakopee Public Utilities for processing.
Under the refuse license scenario, staff believe that a
license fee in the amount of $1, 000. 00 per hauler would be needed
to help offset the administrative costs in administering the
license and reviewing data for State compliance. Staff estimates
that there are approximately six (6) refuse haulers providing
refuse collection service in the Shakopee City limits at this time.
Staff would like the City Council to review and discuss the
proposed alternatives and direct staff accordingly.
ALTERNATIVES:
1. Recommend that the appropriate City officials draft an
ordinance requiring a license to collect solid waste within
the Shakopee City limits.
2 . Direct the appropriate City officials to draft an ordinance
moving to a City wide closed refuse collection system
effective January 16, 1992 .
3 . Table action pending further information from staff.
4. Refer this item to the Committee of the Whole.
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Direct the appropriate City officials to prepare an ordinance
establishing a license to collect and dispose of solid waste within
the Shakopee City limits.
REFMEMO
BAS/tiv
Attachment #1
ORDINANCE NO.
Fourth Series
An Ordinance of the City of Shakopee, Minnesota
Amending Shakopee City Code by Amending Chapter 3,
Entitled "Municipal and Public Utilities-Rules
and Regulations, Franchises and Rates"
Allowing for a Closed Refuse System Within
the Shakopee City Limits and by Adopting
by Reference Shakopee City Code, Chapter 1
and Section 3 .99, which among other
things, contain penalty provisions.
SOURCE SEPARATION, COLLECTION,
AND DISPOSAL OF REFUSE
Section 3 . 15 Rules and regulations relating to source
separation, collection and disposal of refuse.
Subd. 1. Definitions. As used in this section, the following
terms shall have the following meanings:
1. "Refuse" as used in this section shall include "garbage",
refuse and litter as defined in Chapter 10 of the City
Code, but shall exclude construction materials.
2 . "Paper" shall include paper of the type commonly referred
to as newsprint.
3 . "Cans" shall include all disposable containers made and
fabricated primarily of metal, aluminum and tin.
4. "Glass" shall include products used as bottles, jars and
other glass containers, excluding however, blue and flat
glass commonly known as "window glass" .
5. "Receptacle" shall mean individual containers constructed
of weather proof, insect and rodent proof materials such
as plastic or metal for refuse and recycling purposes.
6. "Recycling" shall mean any process by which materials
which would otherwise become solid waste are collected,
separated or processed and returned to the economic
mainstream in the form of raw materials or products.
7 . "Yard Waste" shall mean grass clippings and leaves.
8 . "Refuse/Recycling Service Area" shall mean the area in
which the City shall provide for the collection and
disposal of refuse, recyclables and yard waste, generally
defined as the area South of the proposed 101 by-pass or
otherwise approved by the City Council.
Subd. 2 . Contract Required.
It shall be unlawful for any person to collect or dispose
of refuse or recyclables from any single family dwelling
unit up to and including three family residential units
located within the refuse collection service area without
authorization from the City Council.
Subd. 3 . Collection and Disposal of Refuse. The City or its duly_
authorized contractor shall provide for the collection
and disposal of all refuse from single family dwelling
units up to and including three family units in a
sanitary manner to insure the health, safety and general
welfare of it's residents, under such terms and
conditions as the City may, from time to time, deem
appropriate. Such collection shall be made only in the
areas defined by the City as the refuse/recycling service
area and in accordance with the schedule, as established
by the City.
Subd. 4. Collection of Recyclable Materials. The City or its duly_
authorized contractor shall provide by contract for the
collection and disposal of newspaper, glass, cans and
yard waste in a sanitary manner to insure the health,
safety and general welfare of it' s residents, under such
terms and conditions as the City may from time to time,
deem appropriate. Such collection shall be made only in
the areas of the City, and in accordance with a schedule
as established by the City Council.
Subd. 5. Kind and Placement of Containers.
a. Residential Units - The City or its duly authorized
contractor shall be responsible for providing
refuse and recycling receptacles to all single
family units up to and including four plcxca three
family units located within the refuge collection
area Shakopee City Limits. The cost of the
receptacles shall be included in the refuse
collection rate. The refuse receptacles shall be
made of plastic and not exceed 65 gallon capacity.
These receptacles shall be water-tight and fitted
with handles and a substantially tight fitting
cover to prevent the disturbance of contents
thereof by cats and dogs, and to prevent the
propagation of, and infestation by, rats, flies,
etc. The City shall also be responsible for
providing residents receiving City Refuse Service
within the - - - - - - - - - Shakopee
City Limits with a 30-gallon recycling receptacle.
The recycling receptacle shall be constructed of
weather proof, insect and rodent proof material
such as plastic. The cost of the receptacles shall
be included in the refuse collection fees.
b. Commercial and Industrial Establishments - The
owner, manager, proprietor, agent or occupant of
any residential unit larger than a four plcx three
family unit, store, hotel, restaurant, saloon,
stable or industrial building within the City shall
be responsible for providing water tight
receptacles for the reception of garbage and
refuse. These containers shall be water tight and
fitted with substantially tight fitting covers to
prevent the disturbance of contents, and to prevent
the propagation of, and infestation by rats, flies,
etc.
c. Placement of Containers - In so far as practical,
receptacles shall be kept in the rear yard of homes
and other places served as near to the alley and
accessible to the collector as possible, and in
those instances where homes and other places are
not adjacent to alleys, the receptacles shall be
placed on the driveway or other place convenient to
the collector by 6 A.M. on the designated day of
collection. Receptacles shall be removed by 7 P.M.
on the designated day of collection and not
otherwise be stored in areas of the front yard
visible from the front curb line.
d. All materials classified as refuse shall be
wrapped, except in the case of restaurants, stores
and commercial establishments.
Subd. 6. Separation of Recyclable Materials - Recyclable materials
collected by the City or its duly authorized contractor
shall be scparatcd, prepared and placed for collection in
the manner hereinafter set forth.
a. Newspapers - Used newspaper shall be placed into
the recycling receptacle directly or neatly-
packaged and securely tied bundles not exceeding
(50) fifty pounds, or neatly packed into strong or
doubled paper bags.
b. Cans - Used cans shall be placed into a paper bag
a4 or directly deposited within the recycling
receptacle.
c. Glass - Used glass, such as glass bottles, jars and
containers (except blue glass, and flat glass
commonly known as window glass) shall be free from
all food and liquid or other substances and placed
into a paper bag or deposited with the recycling
receptacle. With respect to glass, the caps and
all other metal shall be removed.
d. Yard Waste - Yard waste shall be placed in bags or
other suitable containers. Yard waste should be
free from refuse.
Subd. 7 . Disposal Required. Every person shall , in a sanitary
manner, store and dispose of refuse that may accumulate
upon property owned or occupied by him in accordance with
the terms of this Section. Refuse shall be collected or
otherwise disposed of at least once a week. Individual
householders and business establishments may contract
with collectors directly and elect to not receive City
collection service, in which ase, the City shall be
notified thereof. Individual householders outside of the
City' s refuse collection service area may receive City
collection service if City collection is implemented in
= - : - - = == az; et° =- ' - ' .1. ' a - _ - -
residents in the neighborhood agree to said
refuse/recycling collection service. Within the Shakopee
City Limits individual householders and single family
units up to and including three family units shall be
collected directly by the City ' s duly authorized
contractor. Individual householders and residential
property owners of property larger than a three family
residential unit shall contract directly with the
authorized agent of their choice and shall not receive
City collection service.
Subd. 8 . When Collection Shall be Made by the City.
a. The City or their duly authorized contractor shall
be responsible for the weekly collection, removal
and disposal of all contained refuse and
recyclables from all residential buildings
containing not more than four three family dwelling
units and located within the refuse collection
service area.
b. Owners or lessees of residential buildings outside
the refuse collection service area, residential
buildings containing more than four or more
dwelling units, industrial and commercial
properties shall be responsible for the collection,
removal and disposal of the refuse generated by
those dwelling units and properties in the same
manner and with same frequency as for other
residential buildings located within the refuse
collection service area.
Subd. 9 . Service Charge for the Removal and Disposal of Refuse and
Recyclables. The City may charge a fee for the disposal
of refuse and recyclable materials. The fee shall be set
and maybe amended as determined by the City Council.
Subd. 10. Billing. The City shall send to the owner of the
premises from which refuse/recycling collections are made
or to the "customer" responsible for payment of the water
bill if such person is not the owner, a notice of the
refuse/recycling disposal charges that are due, at the
same times and intervals, in the same manner and together
with, the water and sewer billings.
Subd. 11. Duty to Provide Dumpster-Type Containers. The owner or
occupant of any commercial/industrial building or a
residential property larger than a three-plex shall
provide that building with a large dumpster-type rubbish
container or containers. Said dumpster type rubbish
container must be rodent proof, well maintained, bear
identification of the rubbish firm supplying the
containers, including the phone number, and be provided
with metal or other approved material coverage which
people can operate with no unusual physical effort. The
rubbish haulers providing the dumpster service must
provide collection service at least once every week and
the dumpster or dumpsters shall be of sufficient size
and/or number to handle the accumulation of the rubbish
between pick up periods from the address being served.
Two or more citations for loose rubbish within a one year
period shall be presumptive evidence that an additional
dumpster or larger type container are needed to serve
that address.
Subd. 12 . Storing of Refuse. It is unlawful for any person to
throw, place or deposit rubbish in any street, alley,
sidewalk or on any public or private property in a
commercial/ industrial district except in a dumpster type
container as described in this article. No persons shall
remove any refuse therefrom, except the refuse haulers or
persons having the consent of the owner or occupant of
the property served or law enforcement agencies in the
pursuit of evidence. It shall be the responsibility of
the owner and occupant of any private property in a
commercial/industrial district to maintain the property
in a condition free of strewn or piled refuse.
Subd. 13 . Collection of Recyclables Unauthorized Persons
Prohibited.
a. From the time of placement of the recyclable
materials at the curb or other designated place of
collection by the City or it' s authorized agent
pursuant to the provisions of this ordinance and
any rules and regulations adopted thereunder, said
recyclable materials shall become and be the
property of the City or its duly authorized
contractor as determined by the City.
b. It is unlawful for any person not duly authorized
by the City to collect or pick-up or cause to be
collected or picked-up any recyclable materials
placed at the curb or other designated place for
collection by the City or it's authorized agent
pursuant to the provisions of this chapter. Any
and each such unauthorized collection in violation
hereof from one (1) or more residences is unlawful
and shall constitute a separate and distinct
offense.
Subd. 14 . Unwarranted Disposal. No person shall throw, place or
deposit refuse, yard waste, recyclables, construction
materials or brush upon public property or privately
owned property unless otherwise permitted by the City or
private property owners.
Subd. 15. Violation a Misdemeanor. Every person violates a
section, subdivision, paragraph, or provision of this
Chapter, when he/she performs an act thereby prohibited
or declared unlawful, or fails to act when such failure
is thereby prohibited or declared unlawful, and upon
conviction thereof, shall be punished as for a
misdemeanor.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3 . 15 OF THE SHAKOPEE
CITY CODE BY ADDING SUBDIVISION 14, 15, 16, 17, 18,
19 AND 20, WHICH REGULATE AND LICENSE THE COLLECTION
AND DISPOSAL OF MIXED MUNICIPAL SOLID WASTE.
Section 1. Chapter 3 . 15 of the Shakopee City Code is amended by
the addition of Chapter 3. 15, Subd. 14-20, as follows:
SUBD 14 LICENSE REQUIREMENT
A. No person shall haul refuse collected in the City of
Shakopee without first securing a license from the City.
B. The license shall be valid for one calendar year and
shall expire on December 31 of each year unless revoked
sooner. For the purposes of implementing this Chapter,
all persons engaged in the business of refuse collection
shall secure a license by January 1, 1992 .
C. An applicant for a license shall make application to the
City Clerk through forms and procedures prescribed by the
City Clerk. The application for a license shall contain
the following information:
1. The name and current business address of the
applicant.
2 . A list of the equipment proposed to be used in the
collection, including information about the number,
type, license number, and capacity of the
collection vehicles and equipment to be used in the
City of Shakopee.
3 . A description of the services to be rendered,
including a brief description of recycling service
offered.
4. The place or places to which mixed municipal solid
waste are to be hauled.
5. A general description of the applicant's service
area. This description need not include
information about specific customers.
D. An applicant must obtain all of the insurance required by
this Section. All costs and expenses are the
responsibility of the applicant. All insurance coverage
is subject to approval by the City of Shakopee and shall
be maintained by the licensee during the term of the
license. No work under this license shall be commenced
until the requirements of this Section have been
satisfied.
1. The licensee shall obtain and maintain statutory
Workers ' Compensation Insurance and Employee's
Liability Insurance, as required under the laws of
the State of Minnesota.
In the event licensee is a sole proprietor and has
elected to provide Workers' Compensation Insurance,
licensee shall be required to execute and submit an
affidavit of sole proprietorship in a form
satisfactory to the City.
2 . Licensee shall obtain and maintain the following
minimum coverage for Comprehensive General
Liability ( including Premises-Operations ;
Independent Contractors' Protective; Products and
Completed Operations; Broad Form Property Damage) :
Bodily Injury: $1, 000, 000 per occurrence
$1, 000, 000 products & completed
operations
Property Damage: $1, 000, 000 per occurrence
3. Licensee shall obtain and maintain the following
minimum insurance coverage for Personal Injury
Liability (With Employment-related Exclusion
Deleted) :
Limit: $1, 000, 000 per occurrence
4 . Licensee shall obtain and maintain the following
minimum insurance coverage for Comprehensive
Automobile Liability (Owned, Non-Owned, Hired) :
Bodily Injury: $1, 000, 000 per person
$1, 000, 000 per occurrence
Property Damage: $1, 000, 000 Per occurrence
5. Insurance certificates evidencing that the
insurance required by this Section is in force with
companies acceptable and licensed in the State of
Minnesota, and in amounts required, shall be
submitted for examination and approval prior to the
execution of the license. Thereafter, the
certificates shall be filed with the City. The
insurance certificates shall specifically provide
that a certificate shall not be modified, canceled
or non-renewed, except upon thirty (30) days prior
written notice to the City. Neither the City's
failure to require or insist upon certificates, or
other evidence tending to show a variance from the
coverages specified in this Section shall change a
licensee's responsibility to comply with these
insurance requirements.
E. The annual license fee shall be established by Resolution
of the City Council.
F. The City Clerk shall issue licenses only after receipt
and review of all required forms, certificates, and fees.
Upon review of the documents submitted, the City Clerk
shall issue a license if the documents comply with the
provisions of this Chapter. An applicant denied a
license by the City Clerk may have the decision reviewed
by the City Council. The applicant shall request review
by the City Council in writing within ten (10) days after
denial of the license.
SUBD 15 EXEMPTION FROM LICENSE REQUIREMENT
The license requirements of this Chapter shall not apply to non
profit groups participating in recycling programs or persons who
haul garbage, refuse, or recyclables from their own residences or
business properties, provided that the following conditions are
met:
A. Garbage is hauled in containers equipped with tight-
fitting covers and which are also water-tight on all
sides and the bottom.
B. Refuse and recyclables are hauled in a manner that
prevents leakage or any possibility of a loss of cargo.
C. Garbage and refuse is only dumped or unloaded at
designated sanitary landfills or other facilities
authorized by Scott County.
D. Recyclables are only dumped or unloaded at a recycling
facility, an organized recycling drive, or through
licensed collectors.
E. Yard waste is privately composted, or is only dumped or
unloaded at a composting facility authorized by Scott
County, or through a licensed collector.
SUBD 16 DUTIES AND OBLIGATIONS OF THE LICENSED COLLECTOR
A licensed collector must comply with the following operational
requirements. Failure to observe these provisions may be a basis
for suspension or revocation of a license:
A. The licensee shall operate in a manner consistent with
its application materials and shall provide notice to the
City within ten (10) days of any changes in the
information, forms, or certificates filed as a part of
the license application process, except for the thirty
(30) day notice required by Subd. 14 .D. (5) of this
Chapter.
B. The licensee shall comply with all State, County, and
local laws and requirements.
C. No collections of mixed municipal solid waste shall be
made except between the hours of six-thirty o'clock (6:30
a.m. ) and six o'clock (6: 00 p.m. ) , Monday through Friday.
Operations during these hours may also be conducted on
Saturdays, to accommodate recognized national holidays
Customers shall be reasonably notified of the specific
day and hours for the collection of their mixed municipal
solid waste and the licensee shall collect the materials
within those time periods.
D. Each licensed collector shall only use vehicles and
equipment so constructed that the contents will not leak
or spill. The vehicles and equipment shall also be kept
clean and as free from offensive odor as possible, and
shall not stand in any street, alley, or public place
longer than is reasonably necessary to collect mixed
municipal solid waste. The licensee shall also ensure
that the collection site is left tidy and free of
litter.
E. Each licensed collector shall provide its customers with
an opportunity to recycle through the weekly curbside
collection of targeted recyclables including but not
limited to paper, glass, aluminum and yard waste.
F. Each licensee shall submit an annual report to the City
that identifies the weight, in tons, of refuse,
recyclables, yard waste, and special pick-up materials
that were collected by the licensee from Shakopee
sources. The report shall be provided on or before the
twentieth day of January. the report shall also identify
the weight of each type of collected recyclable. It
shall also distinguish residential collection tonnage
from commercial/industrial tonnage. The report shall
also include a brief description of how the reported
weights were calculated. The report should also included
an address list of every account collected by the
licensee.
SUBD 17 SUSPENSION OR REVOCATION OF LICENSE
Upon the recommendation of the City Clerk, the City Council may
suspend or revoke the license of any person whose conduct is found
to be in violation of the provisions of this Chapter. Suspension
or revocation may also be based on other health, safety, and
welfare concerns arising out of the performance of the licensee,
its employees, agents, and/or vehicles and equipment. Revocation
or suspension of a license by the Council shall be proceeded by a
public hearing conducted in accordance with Minnesota Statutes
S14 .57 to S14 .70. The City Council may appoint a hearing examiner
or may conduct the hearing itself. The hearing notice shall be
given at least ten (10) days prior to the hearing, include notice
of the time and place of the hearing, and shall state the nature of
the charges against the licensee.
SUBD 18 RESERVATION OF RIGHTS
No collector licensed pursuant to the Chapter shall acquire a
vested right in the license. The City may, upon finding that
public necessity requires, determine to establish other means of
refuse collection.
SUBD 19 SEVERABILITY
In the event that a court of competent jurisdiction adjudges any
part of this Chapter to be invalid, such judgement shall not affect
any other provision of this Chapter not specifically included
within the judgment.
SUBD 20 PENALTY
Any person convicted of violating this ordinance shall be guilty of
a misdemeanor and shall be subject to a fine or imprisonment in the
County jail, or both as specified by State Statute. Such penalty
may be imposed in addition to suspension or revocation of the
license.
Adopted in session of thee City Council of the
City of Shakopee, Minnesota this day of ,
1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
TAMI/ADMIN/ORDINANC.REF
116
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: City Refuse/Recycling Collection - Request for Proposals
DATE: August 22, 1991
INTRODUCTION:
The City of Shakopee's refuse and recycling collection contract
with Waste Management Inc. expires on January 14, 1992. It would
therefore be appropriate at this time to discuss whether or not the
City should amend the existing contract providing for an extension
or if the City should seek service request for proposals.
BACKGROUND:
The City of Shakopee last solicited request for proposals for
refuse collection service in 1987. Our current contract with Waste
Management Inc. has been in effect since January 16, 1988. It
expires on January 14, 1992 . The present agreement does not
provide for an extension to the existing contract. Therefore, it
is necessary for the City of Shakopee to either attempt to amend
our existing contract to include language providing for an
extension or solicit service request for proposals.
Generally, it has been the past practice of the City of Shakopee to
rebid the refuse collection contract every two or three years.
Based on past practice and the numerous statute changes that have
gone into effect since our last service request for proposals,
staff is recommending that the City solicit proposals at this time.
Soliciting service request for proposals provides the City of
Shakopee with greater control in providing services to Shakopee
residents that truly provide for their best interest. Soliciting
proposals also allows the contractors to be more creative in their
approach to the provision of services requested.
Attached is a set of request for proposal specifications for
refuse/recycling collection service in our community. The proposal
specifications provide a general description of the services
requested. Basically, the proposal specifications request price
quotations for the weekly collection of refuse and recyclables.
The proposal specifications allow the contractor to specify the
method of containerization and subsequent fee structure. Our
present system provides volume based service collection and rates.
The proposal specifications also request that the contractor offer
price quotations for City billing versus direct contractor billing.
Currently, all refuse collection service is billed through the
Shakopee Public Utility system. The current system does provide
Shakopee residents with the luxury of receiving all their utility
services on one monthly bill. However, it has created problems in
terms of residents canceling service and new customers being billed
for service accurately. Much of this problem is due to the fact
that Shakopee has an open refuse collection system. In other
words, Shakopee residents do not have to utilize the City's refuse
contractor. They have the option of selecting any refuse hauler
they wish. If the City Council selects to continue offering a
contract for refuse collection under an open system, staff would
recommend that in the next contract that the contractor be
responsible for billing Shakopee residents directly. This will
obviously result in an increased cost to the resident but it would
eliminate the problems mentioned earlier and reduce staff time in
monitoring the refuse program. On the other hand, if Shakopee
selects to go to a closed refuse collection system, Shakopee Public
Utilities could simply determine what constitutes a residential
unit under the terms specified in the contract and bill all
residents on a monthly basis just as they bill water, sewer and
electricity service.
The Energy & Transportation Committee has reviewed the proposal
specifications and is recommending that the appropriate City
officials be authorized to solicit requests for proposals for
refuse/recycling service.
ALTERNATIVES:
1. Move that the appropriate City officials be authorized to
solicit request for proposals for refuse/recycling collection
service.
2 . Amend the request for proposal specifications and recommend to
City Council that the appropriate City officials be authorized
to solicit refuse/recycling request for proposals.
3 . Table action pending further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
Move that the appropriate City officials be authorized to solicit
request for proposals for refuse/recycling collection service.
CITY OF SHAKOPEE
PUBLIC WORKS DEPARTMENT
Request For Proposal
City' s Refuse Collection and Disposal Services Contract
The City of Shakopee Public Works Department is requesting
proposals for the City' s refuse collection and disposal services
contract. Any questions regarding the proposal should be directed
to Dave Hutton, Director of Public Works at 445-3650 or 445-2211.
A pre-submission informational meeting will be held on Monday,
November 4 , 1991 at 9 : 30 a.m. in the Shakopee City Council Chambers
to review the proposal specification and answer questions. Request
for Proposals must be returned no later than 12 : 00 Noon on Monday,
December 2 , 1991. All proposals must be submitted on the attached
Proposal Form.
A. General Description of Service
1. The Contractor shall supply all equipment, labor and
materials necessary to complete collection, hauling and
disposal of all garbage, rubbish, refuse, yard waste and
recyclables from all residential properties consisting of
three or less dwelling units.
2 . All refuse will be collected from City Hall , the
Municipal Services Building and the Public Library.
3 . Yard Waste: Separate collection of leaves and grass
clipping materials are collected as part of the weekly
refuse pick-up, the City requires yard waste to be bagged
separately from other household refuse material .
4 . Recyclables: Separate collection of recyclables with
same day refuse collection is required as part of the
weekly refuse pick-up.
5 . Service Area: Proposals shall address refuse collection
and disposal services for service within the Urban Area
of Shakopee consisting of approximately 2700 current
customers. All proposals must also specify a price quote
for residential units outside the Urban Area.
6 . Billing: The Contractor shall clearly specify in the
proposal the preferred method of billing. The City is
requesting pricing option for the following:
A. Billing to be administered by the City on behalf of
the Contractor, billing for Residential Service
would be included on residents monthly utility
bills and submitted to the Contractor by the 15th
day of the following month.
City of Shakopee
Public Works Department
Request for Proposal
City's Refuse Collection and
Disposal Services Contract
Page -2-
B. Billing to be responsibility of the Contractor.
7. Tally Sheet - Each contractor is requested to submit a
completed tally sheet (Exhibit A) with their proposal.
The tally sheet will be used as a simple guide to easily
compare proposals. The contractors are not required to
submit a price for each service option.
B. Term of Contract
1. The term of this contract proposal shall be a period of
three (3) years commencing 2/15/92 .
2. The City and Contractor may agree to extend the term of
agreement for an unspecified period of time beyond the
original termination date, upon such terms and conditions
as the parties shall mutually agree.
3 . The City may terminate the contract agreement on 30 days
written notice to Contractor for failure of the
Contractor to carry out and perform the work specified
herein to the satisfaction of the City and the City
reserves the unqualified right to make such
determination.
C. Definition of Terms
1. "Garbage" shall mean that waste material, animal or
vegetable, which results from the handling, preparation,
cooking and/or consumption of edible food-stuffs.
2 . "Rubbish" shall mean that waste material, other than body
waste and garbage normally resulting from the operation
and maintenance of a household. In general, the kind of
material classified as rubbish shall include ashes,
paper, cardboard, tin cans, glass jars and bottles,
wearing apparel, clothes hangers, wood, metal, and other
like materials.
3 . "Refuse" shall mean mixtures, in any proportion, of
garbage and rubbish, and when not inconsistent with
context shall include garbage and rubbish. "Refuse"
shall be generic when used to refer to community wastes.
4 . "Yard Waste" includes grass clippings, leaves, all
organic plant material and brush and specifically
excludes, recyclables, and refuse.
City of Shakopee
Public Works Department
Request for Proposal
City's Refuse Collection and
Disposal Services Contract
Page -3-
5. "Refuse Container" a receptacle used to contain
residential refuse, that is supplied by the Contractor.
6. "Toxic and Hazardous Wastes" are waste materials
including but not limited to poisons, radioactive
materials, flammable or explosive materials, and similar
harmful chemicals which require special handling and must
be disposed of in a manner to conserve the environment
and protect the public health and safety.
7 . "White Goods" are large household items including
refrigerators, stoves, dishwashers, washers and dryers,
water heaters, carpeting and padding, mattresses, chairs,
couches, tables and other such kinds of furniture which
are too large for one person to pick-up.
8. "Additional Collection Services" shall include all items
that are collected in excess of the maximum volume
allowed for a residential dwelling unit.
9. "Tipping Fees" shall mean the amount charged by the
landfill operator to dispose the City's refuse collected
by the Contractor.
10. "City" shall mean the City of Shakopee, Minnesota.
11. "City Council" shall mean the City Council of Shakopee,
Minnesota.
12. "Single Family Residential Dwelling" shall mean a
detached dwelling designed as a single housekeeping unit
and intended for occupancy by one family. For purposes
of this contract, duplexes, triplexes and townhouses
shall be included as single-family residential dwellings.
13 . "Contractor" shall mean the party or parties contracting
to perform the work to be done under these specifications
or to the legal representatives of such party or parties.
14 . "Contract" shall mean the contract to collect, haul and
dispose of refuse for the City based upon these
specifications.
15. "Urban Area" shall mean the area within the Shakopee City
Limits North of the Southerly Bypass and West of
Canterbury Road.
City of Shakopee
Public Works Department
Request for Proposal
City' s Refuse Collection and
Disposal Services Contract
Page -4-
SPECIFICATIONS
D. Refuse Collection Service
1. Number of Pickups - The City represents that there are
3000 residential dwellings within the Urban Area that may
be serviced in part or in whole under this Contract as of
November 1, 1991. This contract does not include
collection of multi-family residential dwellings of four
(4) or more units.
2 . Frequency of Regular Collection - Refuse to be collected
under this contract proposal shall be picked up weekly
throughout the year.
3 . Hours of Regular Collection - All refuse shall be
collected between the hours of 7 : 00 A.M. and 5: 00 P.M.
4 . Holiday Schedule of Collection - The Contractor shall not
be required to make regular collections on (legal
holidays) provided that the routes are collected
reasonably in advance thereof or thereafter if approved
by the Director of Public Works, and the week' s schedule
shall be completed regardless of the holiday. It shall
be the Contractor' s responsibility to notify residents of
any changes in the collection schedule as a result of
said holidays.
5. Points of Collection - Refuse containers shall be placed
for collection outside in one place at ground level on
each property within the City. The City does not require
garbage and refuse containers to be within a specified
distance from the street, but the containers shall be
within ten feet of collection vehicle access and shall be
kept in one place on the premises.
6 . Procedure in Collection and Handling of Refuse - All
refuse must be removed in such a manner that none of said
vehicle is spilled, dropped, strewn or allowed to remain
on, about or around said premises from which it is
collected. No refuse from containers, trucks or
equipment shall be dropped, strewn, thrown or in any
manner deposited upon any of the streets or sidewalks
within the City. Care shall be taken not to damage
refuse containers.
City of Shakopee
Public Works Department
Request for Proposal
City' s Refuse Collection and
Disposal Services Contract
Page -5-
7 . Disposal of refuse - All garbage, rubbish and refuse
collection as herein provided shall be hauled,
transported, weighed-in, and disposed of in a location
approved by the City in accordance with regulations
established by Scott County, and the disposition of such
material shall be so conducted and handled as to at no
such time create a nuisance or become injurious to the
public health of persons living either within or outside
the corporate limits of the City. If tipping fees change
by more than 10%, both parties agree to reopen contract
to consider a rate adjustment.
8 . Refuse Containers May Be Furnished By The Contractor - If
the refuse container is to be supplied and maintained by
the Contractor for use by the residents of Shakopee
(approximately 2100 homes) , the Contractor will be
required to make available this container in two sizes:
a. A standard sizing of 65-90 gallons
b. A low volume size of 30-35 gallons
Each container must have wheels, hinged lid and handle.
The proposal must indicate type and specification they
propose to use for the City.
Proposals will be accepted for other containerization
options. The proposal should clearly indicate the type
of container proposed for use by the Contractor.
9 . Contractor will report on a monthly basis the total
volume of refuse (in tons) disposed of under this
contract.
10. Additional Collection or Extra Service - If a volume
based collection program is proposed, the Contractor
shall provide additional collection service at the option
of the resident. The proposal should clearly specify how
the disposal of additional refuse will be handled by the
Contractor and should specifically identify the billing
mechanism proposed for said service.
All additional waste material shall be picked up by the
Contractor weekly. The same day the regular refuse is
collected.
The following is an illustration of the current extra
service program in place:
City of Shakopee
Public Works Department
Request for Proposal
City's Refuse Collection and
Disposal Services Contract
Page -6-
One common coupon with a standard cost ($2 . 25) is used to
dispose of all extra refuse and yard waste. The current
system specifies the number of coupons to be attached to
the following categories of waste:
1. Each extra 30 gallon can or bag of refuse - one
coupon.
2 . Each extra bundle of branches 4 feet long or less
and weighing less than 40 pounds - one coupon.
3 . Each extra piece of small furniture, single door or
window - five coupons.
4 . Each extra mattress or box spring - eight coupons.
5. Each extra piece of large furniture including
couches - thirteen coupons.
6. Four bags of yard waste (grass or leaves) - one
coupon.
7. Christmas tree - two coupons.
11. Yard Waste Services to be Performed -
1. The proposal shall specify a system for the
provision of yard waste services as an "option" for
the residential properties having three or less
dwelling units in a single building at least once a
week during the months agreed to by the City, for
the term of this contract. Collections shall take
place weekly between the hours of 7 : 00 A.M. and
5:00 P.M.
2 . The proposal shall specify the cost associated with
yard waste collection and the method of
containerization.
3. The proposal shall specify the collection point of
all yard waste and should clearly define what shall
be considered as yard waste for the purposes of
this agreement.
4. The Contractor shall deliver yard waste materials
to a City approved compost site. The Contractor
shall not mix other types of refuse or inorganic
materials with the yard waste or take any action so
as to make the yard waste material unacceptable to
the operators of the approved compost site.
12 . Material Not Included in the Refuse Collection Services -
1. Items such as batteries, tires, large construction
material, motor oils, and paints in liquid form.
City of Shakopee
Public Works Department
Request for Proposal
City' s Refuse Collection and
Disposal Services Contract
Page -7-
2 . Toxic and hazardous wastes - material including but
not limited to poisons, pesticides, herbicides,
acids, caustics, pathological wastes, radioactive
materials, flammable or explosive materials.
3 . White Goods - large household items including
refrigerators, stoves, dishwashers, washers and
dryers, water heaters.
4 . Earthen fill, boulders, rock and other materials
normally handled in construction operations.
13 . Recycling Services To Be Performed -
1. The Contractor shall propose a system for the
collection of recyclables. The cost for said
collection should be included in the basic cost for
refuse service.
2 . The City of Shakopee shall be responsible for the
provision of a single recycling container for the
collection of recyclables. The Contractor shall
distribute and replace damaged containers on behalf
of the City.
3 . The proposal should clearly identify what materials
will be collected as recyclables and any special
packaging and/or preparation requirements that
should be followed by Shakopee residents.
4 . The Contractor should submit on a monthly basis to
the City a breakdown of the recyclables collected
and their corresponding weight and revenues
generated from said sale of recyclables collected.
5. The proposal should clearly set forth the ownership
of recyclables collected and revenues generated
thereof including Performance Enhancement Recycling
Credits provided by Scott County.
14 . Contractor' s Operations -
A. The Contractor shall maintain telephone answering
capabilities during the normal working hours,
Monday through Friday, during the terms of the
contract.
B. The driver and collector(s) shall at all times have
a courteous attitude toward the general public.
City of Shakopee
Public Works Department
Request for Proposal
City's Refuse Collection and
Disposal Services Contract
Page -8-
C. Complaints on service will be taken and collected
by the Contractor. All complaints shall be
answered by the Contractor courteously and
promptly. The Contractor shall check with City
Hall before 4 : 30 p.m. on each pick up day for any
messages.
D. Whenever the City or a resident notifies the
Contractor of locations which have not received
scheduled service, the Contractor is required to
service such locations before 7: 00 P.M. of the same
day when notified prior to noon. When notified
after noon, the Contractor shall service such
locations not later than 12 : 00 Noon of the
following day.
E. The Contractor shall keep all equipment used in the
performance of the work in good operating condition
and in a clean, sanitary condition.
F. The Contractor shall provide access to the City, or
any of their duly authorized representatives to
review any books, documents, papers, and records of
the Contractor which are directly pertinent to this
contract for the purpose of making an audit, other
examination and preparing excerpts and
transcriptions.
G. the Contractor shall indemnify and hold harmless
the City and its officers, agents, and employees
from and against all claims, damages, losses, or
expenses, including attorney's fees, for which it
may be held liable, arising out of or resulting
from the assertion against them of any claims,
debts, or obligations in consequence of the
performance of this contract by the Contractor, his
employees, agents, or subcontractors.
H. The City may terminate this contract on 30-days
written notice to Contractor for failure of the
Contractor to carry out and perform the work
specified herein to the satisfaction of the City
and the City reserves the unqualified right to make
such determination. This contract shall terminate,
and neither party nor the officers of the City
shall be liable for further performance after the
termination, if it shall become invalid by reason
of any present or future law other than an
ordinance of the City.
City of Shakopee
Public Works Department
Request for Proposal
City's Refuse Collection and
Disposal Services Contract
Page -9-
I. The work shall be done with forces which are
adequate to insure the satisfactory collection and
disposal of said materials at all times and failure
to perform shall not be excused by adverse weather,
breakdown or similar hindrances which on other work
might be regarded as "acts of providence" .
J. Upon failure of the Contractor to fulfill any of
the provisions of the contract, the City Council
may hire such persons, or assign City employees and
equipment, as may be necessary, to do such work and
the cost and expense thereof may be charged and
deducted from monies due the Contractor, collected
from the Contractor's, or collection by recourse
from the Contractor's bond.
K. Failure by the Contractor to conform with the
provisions of this contract may result in
termination of this contract and/or cash claims by
the City for any damages to the City as a result of
the Contractor's failure to conform. Minor
infringements and informalities of contract
provisions shall not be considered subject to
penalty. The City shall inform the Contractor of
such failures in writing and the Contractor shall
have 30 days from the date of notice to correct
such failure before penalty may be invoked.
L. In the event of such failure, the Contractor agrees
to pay, in addition to the actual damages sustained
by the City as a result thereof, the reasonable
attorney's fees incurred by the City in pursuing
any of its rights under the contract.
M. Minnesota Statutes, Section 181.59, which prohibits
discrimination on account of race, creed or color
in the performance of public contracts, is made a
part of this contract with the same force and
effect as if set out herein verbatim.
N. The Contractor itself jointly and severally, its
successors, executors, administrators, and assigns
to the City in respect to all covenants of this
contract, except that the Contractor shall not
assign or transfer any part of its interest in this
contract or sublet as a whole nor shall the
Contractor assign any monies due, or to become due,
without the City's written consent.
City of Shakopee
Public Works Department
Request for Proposal
City's Refuse Collection and
Disposal Services Contract
Page -10-
15. Liability Insurance -
The Contractor shall provide and maintain at no cost to
the City automobile and public liability insurance of not less than
$500, 000 for injury to any one person; $1, 000, 000 for injuries from
any one accident; and $250, 000 for property damage each occurrence;
the Contractor shall carry Worker's Compensation, as required by
the State of Minnesota, on all of its employees, and shall make
such contributions as required to the Minnesota Unemployment
Compensation Fund. The insurance to be provided by Contractor
shall be placed with an insurance company licensed to do business
in the State of Minnesota and with an insurance company which is
acceptable to the City. The City shall be names as an additional
insured in these policies for coverage needed only for work as
specified in this contract, which shall provide that the coverage
may not be terminated or changed by the insurer except upon 30 days
written notice to the City Administrator. No policy shall contain
any provisions for exclusions from liability other than provisions
for exclusion from liability forming part of the standard basic
unamended and unendorsed form of policy, except that no exclusion
will be permitted in any event if it conflicts with a coverage
expressly required in this contract, and in addition, no policy
shall contain any exclusion from bodily injury to, or sickness,
disease, or death of any coverage under the contractual liability
endorsement of the liability of the Contractor under this contract.
Compliance by the Contractor with the foregoing requirements to
carry insurance and furnish certificates shall not relieve the
Contractor from liability assumed under the provisions of this
contract. Said insurance shall provide that the policy or policies
described in the certificate shall not be canceled except on a
mailed ten-days prior notice to the City before the cancellation
becomes effective.
This contract shall not be in effect until the Contractor, at
no cost to the City, shall have executed and delivered to the City
Clerk a performance bond in the sum of $10, 000. 00 and executed by
a corporate surety company authorized to do business in the State
of Minnesota to secure the faithful performance of this contract by
said Contractor conditioned that the Contractor shall well and
truly perform and carry out the covenants, terms and conditions of
this contract in strict accordance with its provisions. This
contract shall be subject to termination by the City at any time if
said bond shall be canceled or the surety thereon relieved from
liability because of failure to pay the premium or termination of
the period of the bond without renewal thereof.
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cONSENT
MEMO TO: Dennis R. Kraft, City Administrtor
FROM: Judith S. Cox, City Clerks _
RE: Application for Liquor Lice es - Dangerfield's
Restaurant Inc.
DATE: August 29, 1991
INTRODUCTION & BACKGROUND:
The City has received applications from Dangerfield's
Restaurant Inc. for on sale and Sunday intoxicating liquor licenses
at 1583 East First Avenue, effective November 1, 1991. This is the
former site of the Shakopee House. (There are no current licenses
issued to this location. )
The building is currently being remodeled. Originally the
applicant planned on opening November 1st. The remodeling job has
turned out to be more than originally anticipated and it may delay
the November 1st opening.
The application is in order and the taxes are current. It is
to early for the applicant to obtain liquor liability insurance,
since they are not opening up for at least two months. The
applicant will not be able to get a certificate of occupancy from
the building department until the remodeling is complete. The city
code, however, does provide that the Council may grant an
application for liquor licenses but direct that they not be issued
until the applicant, for a new facility, has fully complied with
all requirements of the city code for a liquor license.
The police department is conducting the background
investigation. Detective Bisek does not have all the information
he needs to complete the investigation in time for the September
3rd Council meeting. He has asked me if he could have additional
time for completion of the investigation. Since the application
identifies November 1st as the first date of operation, I see no
reason why the application can not be tabled by City Council on
September 3rd giving Detective Bisek an additional two weeks to
complete his investigation. Detective Bisek stated that he could
have the investigation completed for the September 17th meeting.
ALTERNATIVES:
1] Approve application, but delay delivering licenses
2] Deny application
3] Table application
Dangerfield's Restaurant Inc.
August 29, 1991
Page -2-
RECOMMENDATION:
Staff recommends alternative 3, tabling the applications, in
order to give the police department additional time to complete
their investigation. The applicant has been notified of the
recommended action.
RECOMMENDED ACTION:
Table the applications from Dangerfield's Restaurant Inc. ,
1583 East First Avenue, for on sale and Sunday intoxicating liquor
licenses.
NO.263—Appaution lot ON SALE'License AN Ireoxiuung Lpoot. BUSINESS RECORDS CORPORA,ION.MINNESOTA
"ON SALE"
• *tate of lar innegota,
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TO THE (:Oi'FR.VING BODF OF THE .IBOi'F .Y.I,MED.111'.17Cll'.ALITI':
Pursuant to Chapter 46 of the laws of.ilinnesota. Special Session of 11133-4
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from the.; . l• WCA1044... ... . day of..... ....1 3 t D a?.7uly 169 i, to sell intoxicating liquors
as rlcJl,ned'y'lallt' r quly for conurmption "0.1'TIFF, I'h'F,.),ISFS"described as follows:
d e'ra 41,6.
NAKo fee_ )..yN.. ..........._._........
in said municipality,on which premises ......bM,y control and operate a
,.' P sta xo,.4 mar ;and to that end hereby represent.... and state ;
That said municipality is a C..AX b..P..fes.. fDarHl Cies;
which has a papulation.of
ff,QQD,OD C.te}pwSn ...and which does not maintain an exclusive liquor store;
�
That said rgar.. ld./i �oS ,.. .N-. is an establishment having a resident
proprietor and manager and the following equipment and facilities,_.. ....._.
���Glur1
002f raaisee.s h 13 co' air/1.m,0Ges, 1.+Wes G.64irs 4.1d off_
SICA s�1,..ema.t IOr f�... De-chWary ep'rork PeC d ..0-a..rof t 414 aye
........... .. ... ........... ..........
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That said applicant IS cs citizen of the United States, I S over twenty-one
years of age, 15 of good moral character and repute, lieu 5 not,since the enactment
of the act above specified, been convicted of any wilful violation of any law of the United States, or of
the Slate of.Ilinnesota,or of any local ordinance, with regard to the manufacture,sale,distribution, or
• possession.for distribution or sale, of intoxicating liquors,and that no license issued to E- ,n
under said act has ever been revoked:
That no manufacturer or wholesaler will own or control, or has any financial interest in, the
business of selling intoxicating liquors at retail on said premises, nor power to exact or require, by con-
tract, understanding or otherwise, said applicant....._. .to handle or sell only the products of such manu-
facturer or wholesaler:
That no other retailer's license has been issued,directly or indirectly, to said applicant or for
said premises;that no license of a class other than hereby applied for has been, issued to any person at
• said premises; and that said premises are neither owned or controlled by any person to whom no license
c•auld be issued:
That said premises are not within any area within which, the sale of intoxicating liquors is pro-
Isibiled by the laws of the State of Minnesota, the provisions of any charter, ordinance or special law,
or through zoning ordinances,proceedings or legal process regularly held for that purpose:
That said applicant . hereby agree that any license granted pursuant hereto shall be non-
transferable without consent of the authority issuing the same; that said license shall not be effective
until a permit shall be issued under the laws of the United States in case such permit is required under
said laws;and that &he.y .. will keep said license posted in.a conspicuous place in.said premises:
That this application is made pursuant and subject to all the laws of.Minnesota, the lams of the
Coiled Stales, the ordinances and regulations of said municipality, and the regulations of the Liquor
('onlrval ('o,,,missioner of .Minnesota, relating to the sale and places of sale of intoxicating liquors, all
of which are hereby made a part hereof, and which At y hereby agree.... to observe and obey.
. .
(Here state other requirements of local regulation,if any)
LSL5•\o LK ko\(\Ars n a -7erCe.....-1-4 e. 0 F: S‘Nar .3
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Dated 19 ..\ftv4.1.4•Z .
Q.IA el—R4.4.i.cwrorli
*tate of Binnegota, )
?..
COUNTY OF /74:a:fie,',-2-) I
being duly sworn, on oath say that
he is f-A4.. —Pres;ciedd 0 7 beroot,4 r Pe/ch Ro-,s tre...4,-4 2 i• zn 4....
the within applicant. ; that. he ha full and first hand knowledge of the facts stated in
the within application and of the business of said applicant , the location thereof, and the contents
of the within application; and that the statements in said appliccit.T.a rue of
own knowledge.
Subscribed and Sworn to Before ‘..r."--=, -------
,—• .
.41e this .day ofk N.1.-"Iu- -
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MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: St. Francis Hospital - Petition for C--- )d4--
Sewer/Water Improvements
DATE: August 26, 1991
INTRODUCTION:
The City Council is being asked to consider a petition for
sewer/water improvements to the proposed location of the new St.
Francis Regional Medical Center.
BACKGROUND:
A petition has been submitted to staff requesting sewer and water
service to the proposed location of the new St. Francis Regional
Medical Center (petition attached) . The property in question is
located south of the Shakopee Bypass on County Road 17.
The requested improvements consist of providing City sewer and
water utilities to their new hospital facility. The nearest
available sewer/water is north of Vierling Drive near the Upper
Valley Drainage Channel, about 3, 000 feet north of the north
boundary of the St. Francis property.
By definition, for public improvements to be petitioned for, at
least 35% of the affected property owners must sign the petition.
The attached petition does not meet that requirement.
Public improvements may also be Council initiated, but this would
take a 4/5 vote of Council rather than a simple majority. For this
particular request, if the Council wishes to order a feasibility
report on the improvements, it would take 5 votes and be Council
initiated.
There are several issues that need to be discussed before the City
Council acts on this petition.
First and foremost is that the subject property is located outside
the City of Shakopee's Metropolitan Urban Service Area (MUSA) . The
City of Shakopee would be unable to provide the requested services
without first obtaining an expansion of the MUSA line through the
Metropolitan Council.
The need for a MUSA expansion will be extremely difficult for the
City to justify due to the large amounts of undeveloped land in the
existing MUSA boundaries. The fact that the new Comprehensive Plan
is still going through the review and approval process will also
delay the process in preparing and submitting a MUSA line expansion
request to the Metropolitan Council.
Secondly, there is some question as to whether or not this parcel
can be served by the existing sewer north of the bypass. The
bypass has long been identified as the limits of the drainage basin
to the V.I.P. interceptor and any development located south of the
bypass would need to be served by the new South Shakopee
Interceptor.
The City Council recently directed staff to negotiate a contract
with a consultant to prepare a Comprehensive Sewer Plan for the
City of Shakopee. As part of that plan, a feasibility report on
the new South Shakopee Interceptor will be prepared, identifying
cost estimates, funding alternatives, alignment, preliminary design
and construction staging. This feasibility report will be
essential in determining the sewer needs of the area of Shakopee
being discussed by this petition.
At this point, staff feels that the petition for sewer and water
service to this property is premature until the above issues are
resolved. If the City of Shakopee is unsuccessful in obtaining a
MUSA line expansion, the requested improvements are insignificant.
Hopefully, within the next 6-9 months, with the approval of the
Comprehensive Plan and the completion of the Comprehensive Sewer
Plan, City staff will be able to further evaluate this request and
have more available information in which to consider it.
ALTERNATIVES:
1. Accept the petition and direct staff to prepare a feasibility
report on the proposed improvements. If this alternative is
selected, staff should be directed to prepare a resolution
ordering a feasibility report and bring back to Council for
approval.
2 . Deny the petition.
3 . Table the request and direct staff to provide additional
information.
RECOMMENDATION:
Staff recommends Alternative No. 2 .
ACTION REQUESTED:
Deny the request from St. Francis Regional Medical Center to do a
feasibility study on providing City sewer and water to their new
property on County Road 17 south of the Shakopee Bypass until such
time as the MUSA line is expanded to include this property.
DH/pmp
STFRANCIS
1111111111111
St.Francis
REGIONAL MEDICAL CENTER
July 31, 1991
Mr. David C. Hutton
City Engineer
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear Mr. Hutton:
St. Francis Regional Medical Center, as purchaser of real property fronting on
County Road 17 (Marshall Road) and as described below, hereby petitions the
City Council of the City of Shakopee for city water and sanitary sewer service
to meet the needs of a proposed hospital facility and associated development;
said requested utility services needed by November, 1992.
In making this petition, St. Francis Regional Medical Center understands that
the City of Shakopee, its agents or employees, cannot guarantee the amount of
assessment until a feasibility study of the requested improvements has been
prepared and accepted by the City Council in accordance with MSA Chapter 429.
Property Description As Follows:
The Southeast Quarter (SE1/4) of the Northeast Quarter (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) , all in Section 18,
Township 115, Range 22, Scott County, Minnesota.
Sinerely,
V 'il,40l%_ 1.44j
Do ald i . eivermann
Preside -
Enclosure
c: Dennis Kraft
FF/ka/7-91
325 West Fifth Avenue, Shakopee, Minnesota 55379(612)445-2322
Affirmative Action Employer.A member of the Benedictine Health System.
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TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: 1991 Budget Amendment Resolution
DATE: August 21, 1991
Introduction
Due to discussion, previous Council action and other items, an amendment to
the 1991 Budget is in order.
Background
The first set of budget changes is a follow up of Council action relating
to the management analyst study. The second group is adjust the budget for fire
equipment ordered and partially delivered in prior years but just paid for this
year. This also increases the transfer from the Capital Equipment Fund to the
General Fund to pay for the equipment per Council direction. The third set is
to correct a clerical error in the original budget adoption resolution. The
fourth set is to adjust the revenue and expense accounts for contribution
received and spent by the police department. The fifth set is for correction of
the lodging tax remittance to the CVB omitted from the budget and offset by
contingency reduction unless Council prefers to take it out of fund balance. The
sixth set is to adjust revenue and expense accounts for police service
contracts. The last set is to reduce the estimated revenue from the track
admissions fee.
Alternatives
1. Approve resolution as presented.
2. Amend resolution and approve
Action
Offer Resolution No. 3459 A Resolution amending Resolution No. 3309 Adopting
the 1991 Budget and move its adoption.
RESOLUTION 3459
A RESOLUTION AMENDING RESOLUTION 3309 ADOPTING THE 1991 BUDGET
WHEREAS, the City Council has adopted a budget for the fiscal year, and
WHEREAS, changing conditions and circumstances warrant amending the budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the accounts are reduced as follows:
Fund Division Account Amount
General Administration 01.4210.126.12 $ 200
General Administration 01.4232.126.12 200
General Administration 01.4321.121.12 100
General Administration 01.4390.121.12 100
General Finance 01.4511.151.15 300
General Legal 01.4222.161.16 100
General Legal 01.4310.161.16 4,000
General Legal 01.4316.161.16 150
General Legal 01.4321.161.16 100
General Planning 01.4100.171.17 12,000
General Gov't. Buildings 01.4310.184.18 200
General Police 01.4130.319.31 5,800
General Fire 01.4511.321.32 3,000
General Inspections 01.4310.331.33 200
General Inspections 01.4321.331.33 200
General Inspections 01.4391.331.33 125
General Engineering 01.4130.500.41 3,000
General Street 01.4380.432.42 5,500
General Street 01.4380.421.42 2,600
General Shop 01.4210.441.44 300
General Recreation 01.4210.641.64 1,000
General Recreation 01.4230.641.64 300
General Recreation 01.4330.641.64 400
General Recreation 01.4391.641.61 100
General Revenue - LGA 01.3321 98,000
And the following accounts are increased:
General Revenue - Rent 01.3821 40,200
General Revenue - Sale/Prop. 01.3820 30,000
NOW, THEREFORE, BE IT FURTHER RESOLVED, that additional changes to the 1991
budget are necessary as follows:
General Fire 01.4511.321.32 13,640
General Transfer in 01.3900 13,640
Capital Equip. Transfer out 17.4710.000.00 13,640
General Finance 01.4511.151.15 (1,000)
General Fire, correcting error on original Res. #3309 1,000
General Contributions 01.3822 3,600
General Police 01.4210.311.31 2,100
General Police 01.4390.311.31 1,500
General Planning 01.4310.176.17 76,000
General Contingency 01.4991.911.91 (76,000)
General Revenue - Police 01.3531 9,500
General Police 01.4112.317.31 8,480
General Police 01.4140.317.31 1,020
General Revenue - Track 01.3109 (35,000)
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1991.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form
City Attorney
11) f)
CONSENT
Without detailed checking, Finance staff is not aware of any bills
in the attached bill lists that would cause the respective division
to exceed the division total budgets adopted by Council .
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MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: O'Dowd Park Trail
DATE: August 25, 1991
INTRODUCTION:
Staff is seeking permission to spend up to $15, 000.00 from the Park
Reserve Fund to construct a paved trail in O'Dowd Park.
BACKGROUND:
The 1991 Capital Improvements Program (CIP) , as adopted by the City
Council identified several park projects to be completed. Prior to
the City Council adopting the CIP, the Park and Recreation Advisory
Board, also reviewed and approved of the proposed 1991 park
projects.
One of the park projects in the CIP consists of constructing a
bituminous walking/biking trail in O'Dowd Park. As part of the
Stonebrooke development, a similar walking trail was constructed
within this subdivision and this existing trail currently
terminates at the boundaries of O'Dowd Park. It is proposed to
construct the remainder of the trail from Stonebrooke to County
Road 79 at this time.
The Capital Improvements Program includes $15, 000. 00 to construct
this trail utilizing the Park Reserve Fund. Staff has obtained 5
quotes from contractors to construct this trail, with the low quote
estimated at approximately $14,400. 00. The low quote was provided
by Plehal Blacktopping of Shakopee, MN.
Since the project was less than $15, 000. 00, it is not required to
be competitively bid by State law.
Staff is requesting authorization to proceed with this project and
to expend funds out of the Park Reserve Fund to complete it.
Because the quote is strictly an estimate and the final payment
will be based on actual, measured quantities, staff would like to
have the authority to expend up to $14,999. 00 to complete this
project.
ALTERNATIVES:
1. Approve of staff's request.
2 . Deny the request.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Move to authorize the appropriate City staff to utilize Plehal
Blacktopping of Shakopee, MN to construct the bituminous trail at
O' Dowd Park for an estimated cost not-to-exceed $14 , 999 . 000 using
the Park Reserve Fund.
DH/pmp
ODOWD
12
MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR
FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR
SUBJECT: SWIMMING POOL IMPROVEMENTS <:)?
DATE: AUGUST 28, 1991
INTRODUCTION
Staff is seeking Council authorization to utilize Orr-Schelen-
Mayeron and Associates to design the plans and specifications for
the proposed swimming pool improvements.
BACKGROUND
On August 20, 1991 the City Council of Shakopee discussed the
proposed swimming pool improvements and directed staff to prepare
plans and specifications on the improvements . During that
discussion, staff had indicated that the proposed improvements
would cost approximately $110,000 but that an additional $20 ,000
in costs could be incurred to cover the design and construction
administration costs of this projects.
Staff has contacted our engineering consultant, Orr-Schelen-
Mayeron and Associates, to prepare a cost estimate for providing
these services. Attached is a proposal from OSM indicating that
their costs would be approximately $22 , 350 .00 .
In addition, staff requested that OSM respond to some of the
concerns raised by Council members on this project and the
responses are also summarized in the attached letter.
Staff is now requesting authorization to hire OSM to design the
swimming pool improvements at a maximum cost of $22 , 350 .00. Some
of the services covered in phases 3 and 4 may not be needed and
could be provided by staff in order to reduce these costs .
ALTERNATIVES
1 . Approve the request.
2 . Deny the request.
RECOMMENDATION
Staff recommends Alternative No. 1 . In addition, staff would
like some direction on the funding source for this item.
ACTION REQUESTED
Move to authorize the appropriate City staff to utilize Orr-
Schelen-Mayeron and Associates , Inc. to provide engineering
services associated with the swimming pool improvements at a not-
to exceed cost of $22 , 350 .00 .
AUG 27 '91 13:27 OSM MELS, MN F.`
OA ISA
gen
l�tayeron et,
Inc.
2021 East Hennepin Avenue
Minneapolis,MN 55413
612.331-8660
FAX 331-3806 Engineers
August 27, 1991 Architects
Planners
Surveyors
City of Shakopee
129 East First Avenue
Shakopee, MN 55379-1376
Atm: Mr. David E. Hutton, P.E.
Public Works Director
Re: Municipal Swimming Pool Improvements
OSM Project No. 0273.91
Dear Mr. Hutton:
Attached please find our Engineering Proposal for preparing the plans and specifications
and working with you during the construction phase on the improvements to the municipal
swimming pool. The proposal is broken into three basic parts:
phase No. Description
2 Design Phase
3 Construction Phase
4 Extra Services
The Extra Services phase is primarily for construction staking and surveying.
With regards to the Council's questions on the four items listed in your letter of August 21,
1991, I've provided the following answers:
1. What is the expected life of these repairs?
The shortest life expectancy of these repairs has to do with the pool liner. Based on
information from the liner manufacturer, they advertise 20 years of water quality with
their liners.
2. What type of liner is proposed?
The type of liner proposed is a 36 mil Hypalon Liner. Hypalon is a DuPont
Trademark and represents a flexible membrane liner of synthetic rubber. This was
the liner used to prepare the cost estimate.
AUG 27 '91 13:28 GSM MPLS, MN P•3
Mr. David E. Hutton, P.E.
August 27, 1991
Page 2
NOTE: The old liner was 6 mil polyethylene.
3. Will the bentonite be replaced also?
No. The bentonite was not intended to be replaced. The intent was to remove the
sand material and inspect the bentonite/clay layer. If there were any problems (soft
spots, depressions, protrusions) they would be taken care of.
4. Are there any alternatives to moving the concrete wall?
Yes, there are alternatives, some of which you mention in your letter. Eliminating
any high diving board is certainly one of the first alternatives that comes to mind.
However, some additional ones are as follows:
A. Eliminate diving altogether
B. Raise the concrete wall so its visually obvious to the swimmer
C. Pad the surface of the concrete wall
D. Install additional signs and rope buoy floating barriers
I hope this answers the questions and concerns of the Council. If additional information is
required, please let me know.
Respectfully,
ORR-SCHELEN-MAYEI20N
& ASSOCIATES, INC.c").":14."j17 1,10/Y.1 )
James P. Norton, P.E. D. Edward Ames, L.S.
Senior Project Manager Vice President
/cmw
0827cos.dh
Enclosure
c: Mr. Bret Weiss, OSM
Mr. Ed Del.aForest, OSM
AUG 27 '91 13:29 OSM MF'LS, MN F'4
- ENGINEERING PROPOSAL -
FOR
MUNICIPAL SWIMMING POOL IMPROVEMENTS
FOR
CITY OF SHAKOPEE, MINNESOTA
AUGUST 27, 1991
OSM Project No. 0273.91
ENGINEERING FEE ESTIMATE I
HOU RS
Phase No. Description Engineer [Technician Amount
1 Preliminary 0 0 N/A
2 Design Phase 118 90 $14,390.00
3 Construction Phase 46 20 4,780.00
4 Extra Services Phase 4 80 3,180
Totals 168 190 $22,350.00
AUG cls . I :Z.? OSM r1PLS, MN r.-;
- ENGINEERING PROPOSAL -
FOR
MUNICIPAL SWIMMING POOL IMPROVEMENTS
FOR
CITY OF SHAKOPEE, MINNESOTA
AUGUST 27, 1991
OSM Project No. 0273.91
ENGINEERING FEE ESTIMATE
HOU RS
Phase No. Description Engineer Technician Amount
1 Preliminary 0 0 N/A
2 Design Phase 118 90 $14,390.00
3 Construction Phase 46 20 4,780.00
Extra Services Phase 4 80 3,180
Totals 168 190 $22,350.00
la-
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Shakopee Bypass
DATE: August 25, 1991
INFORMATIONAL ITEM FOR COUNCIL:
I have just been notified by Mn/DOT that two of the proposed
lettings for the Shakopee Bypass have been delayed. Stage 2 (County
Road's 17 and 83 overpasses) was originally scheduled for a
February, 1992 bid letting and this stage has now been pushed back
to an August, 1992 letting. Stage 3, which is basically the main
part of the bypass and the largest project, was originally
scheduled for a November, 1992 bid letting and this stage has now
been re-scheduled for a May, 1993 bid letting.
Staff was informed by Mn/DOT officials that the main reason that
these bid lettings were postponed was because Mn/DOT is behind in
the right-of-way acquisition process. Mn/DOT officials have
indicated that the City Council 's action to deny Barton-Aschman' s
change order request in order to stay within the $1. 0 million
contribution resulted in the right-of-way work being turned back to
Mn/DOT staff which directly resulted in the bid letting delays.
Staff felt that these delays should be brought to the City
Council 's attention.
DH/pmp
DELAYS
NNEsor4 Minnesota Department of Transportation
° Metropolitan District
Transportation Building
�Qo St. Paul, Minnesota 55155
OF TRPS Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
August 21, 1991 Reply to Golden Valley Office
Telephone No. 593-8503
Mr. David E. Hutton, P.E.
Public Works Director
City of Shakopee
219 East First Avenue
Shakopee, MN 55379-1376
RE: S.P. 7005-53, 7005-54 & 7005-57 (T.H. 101)
Shakopee Bypass from T.H. 169 to C.R. 83
Revised Letter of Understanding
Dear Mr. Hutton:
As we discussed, I am submitting the Revised Letter of Understanding for the
above referenced projects. The revisions are basically as you outlined in your
letter to me, dated May 9, 1991. If the Letter is satisfactory to the City,
please obtain signatures and return to me.
We are falling behind in the time schedule for right of way acquisition on the
Shakopee Bypass due to lack of internal Mn/DOT resources. We have recently
delayed the letting for both Stages 2 and 3 by six months, as shown on the
attached color-coded map. This delay also affects the letting by the City of
Phase III of the Upper Valley Drainage Project.
In your May 9 letter you expressed the City Council's concern about the
schedule for the proposed construction of the drainageway and requested that
Mn/DOT expedite the acquisition process so the City could let and construct the
project ahead of the roadway construction.
I have reviewed this concern with our Right of Way Engineer and offer the
following comments:
1) We cannot expedite the acquisition process due to lack of internal Mn/DOT
resources. We have already asked our Central Office to expedite 24
parcels on Stage 2 to try to ensure an August 1992 letting. We believe
we cannot ask for more on the Shakopee Bypass.
2) If the City lets the drainageway project and the connector ditches in May
1993 as now scheduled, construction should be complete in late fall of
1993. The roadway construction will be let in July 1993 (or possibly a
few months later) resulting in minimal new roadway drainage flowing to
the main drainageway until the fall of 1994. This will give one season
for the drainageway turf to become established.
•� Pte- /
MINNESOTA ..
1990
An Equal Opportunity Employer
Mr. David E. Hutton, P.E.
August 21, 991
Page Two
In your May 9 letter you also mentioned the cost participation agreement needed
for Phase III and the connector ditches. We are aware of this and believe we
have adequate time to process the agreement prior to the May 1993 letting.
Please contact me if you have any questions.
Sincerely,
-971-er,
Timothy C. Johnson, P.E.
District Final Design Engineer
Enclosure
MEMO TO: Dennis Kraft, City Administrator
4(A FROM: Dave Hutton, Public Works Director
SUBJECT: Bluff Avenue Assessments
DATE: August 25, 1991
INTRODUCTION:
Staff would like the City Council to set a date for the public
hearing on the proposed special assessments for the Bluff Avenue
Project No. 1990-7.
BACKGROUND:
The Bluff Avenue Project is essentially completed and all project
costs have been identified. This project consists of constructing
a new street, Bluff Avenue, between Marschall Road and Naumkeag
Street. As presented at the public hearing ordering the project
and as adopted by the City Council, 100% of the total project costs
will be assessed to the abutting benefitted property owners.
The final project costs are $156,784. 68. This consists of
construction costs of $58, 211.43 and engineering/administrative
costs of $98,573 .25. The main portion of the engineering/
administrative costs was the right-of-way acquisition for the road
which costs $73 , 191. 00.
The feasibility report had estimated the total project cost to be
$163, 200. 00. The final project costs are approximately 4% less
than what was originally estimated in the feasibility report.
The Finance Director has indicated that the assessments on this
project must be adopted before October 10, 1991 in order to certify
these assessments to the County for including in the 1992 tax
statements. Prior to levying any assessments on this project, the
City Council must first hold a public hearing on the proposed
assessments. Attached is Resolution No. 3457 which declares the
cost to be assessed and sets the date for the public hearing for
October 1, 1991.
ALTERNATIVES:
1. Adopt Resolution No. 3457, which sets the date for the public
hearing for October 1, 1991.
2 . Adopt Resolution No. 3457, but set a different date for the
public hearing.
3 . Deny Resolution No. 3457.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3457 , A Resolution Declaring the Cost to be
Assessed and Ordering the Preparation of Proposed Assessments for
Bluff Avenue, Between Marschall Road and Naumkeag Street, Project
No. 1990-7 and move its adoption.
DH/pmp
MEM3457
RESOLUTION NO. 3457
A Resolution Declaring The Cost To Be Assessed And
Ordering The Preparation Of Proposed Assessments
For Bluff Avenue, Between Marschall Road And Naumkeag Street
Project No. 1990-7
WHEREAS, a contract has been let for the improvement of:
Bluff Avenue, between Marschall Road and Naumkeag Street and the
contract price for such improvements is $58, 211.43,the construction
contingency amounts to $ -0- and the expenses incurred or to be
incurred in the making of such improvements amounts to $98, 573 .25
so that the total cost of the improvements will be $156, 784 .68 and
of this cost the Shakopee Public Utilities Commission will pay
$-0- as its share of the cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. The cost of such improvement to be specially assessed is
hereby declared to be $156, 784 .68.
2 . The City Clerk, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of
such proposed assessment in her office for public inspection.
3. That the City Clerk shall, upon the completion of such
proposed assessment, notify the City Council thereof.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 1st day of October,
1991, in the Council Chambers of City Hall at 7:30 P.M. to pass
upon such proposed assessments and at such time and place all
persons owning property affected by such improvements and proposed
assessments will be given an opportunity to be heard with reference
to such assessment.
2. That the City Clerk is hereby directed to cause a notice
of the hearing on the proposed assessment to be published once in
the official newspaper of the City of Shakopee at least two weeks
prior to the hearing and she shall state in the notice the total
cost of the improvements. She shall also cause mailed notice of
such hearing to be given the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearing.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 19 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
� du �iuI
/313
MEMO TO: Dennis Kraft, City Administrator
FROM: Dave Hutton, Public Works Director
SUBJECT: Shumway Street/Scott Street Assessments
Project No. 1991-1
DATE: August 28, 1991
INTRODUCTION:
Staff would like the City Council to set a date for the public
hearing on the proposed special assessments for the Shumway
Street/Scott Street Project.
BACKGROUND:
The Shumway Street/Scott Street Project is nearing completion. The
only remaining items that need to be done are the sodding and
restoration of the yards and the final wear course of asphalt. The
Finance Director has indicated that the assessments on this project
must be adopted prior to October 10, 1991 in order to certify the
assessments to the County to be included in the 1992 tax
statements. Staff has therefore estimated the remainder of the
final project costs and have estimated the total final project
costs for this project.
The project consisted of reconstructing Shumway Street, between 3rd
Avenue and 6th Avenue and Scott Street, between 6th Avenue and 7th
Avenue. As presented at the public hearing ordering the project
and as adopted by the City Council, 25% of the total project costs
will be assessed to the benefitted property owners. Any storm
sewer costs will be funded out of the Storm Sewer Utility Fund.
The final project costs are $151, 375.93 . This consists of
construction costs of $121, 183 .26 and engineering/administrative
costs of $30, 192 . 67.
Of the total project costs, $34,454 .23 will be assessed for this
project.
The feasibility report had estimated total project costs to be
$233 , 670. 00. The final project costs are approximately 36% less
than originally estimated in the feasibility report. Prior to
levying any assessments on this project the City Council must first
hold a public hearing on the proposed assessments. Attached is
Resolution No. 3460, which declares the cost to be assessed and
sets the date for the public hearing for October 1, 1991.
ALTERNATIVES:
1. Adopt Resolution No. 3460, which sets the date for the public
hearing for October 1, 1991.
2 . Adopt Resolution No. 3460, but set a different date for the
public hearing.
3 . Deny Resolution No. 3460.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 3460, A Resolution Declaring the Costs to be
Assessed and Ordering the Preparation of Proposed Assessments for
Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th
Avenue to 7th Avenue, Project No. 1991-1 and move its adoption.
DH/pmp
MEM3460
RESOLUTION NO. 3460
A Resolution Declaring The Cost To Be Assessed And
Ordering The Preparation Of Proposed Assessments
For Shumway Street, 3rd Avenue To 6th Avenue And
Scott Street, 6th Avenue To 7th Avenue
Project No. 1991-1
WHEREAS, a contract has been let for the improvement of:
Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th
Avenue to 7th Avenue and the contract price for such improvements
is $106, 489 . 20,the construction contingency amounts to $14, 694 . 06
and the expenses incurred or to be incurred in the making of such
improvements amounts to $30 , 192 . 67 so that the total cost of the
improvements will be $151, 375.93 and of this cost the Shakopee
Public Utilities Commission will pay $-0- as its share of the cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1. The cost of such improvement to be specially assessed is
hereby declared to be $34 , 454 . 23 .
2 . The City Clerk, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of
such proposed assessment in her office for public inspection.
3 . That the City Clerk shall, upon the completion of such
proposed assessment, notify the City Council thereof.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 1st day of October,
1991, in the Council Chambers of City Hall at 7 : 45 P.M. to pass
upon such proposed assessments and at such time and place all
persons owning property affected by such improvements and proposed
assessments will be given an opportunity to be heard with reference
to such assessment.
2 . That the City Clerk is hereby directed to cause a notice
of the hearing on the proposed assessment to be published once in
the official newspaper of the City of Shakopee at least two weeks
prior to the hearing and she shall state in the notice the total
cost of the improvements . She shall also cause mailed notice of
such hearing to be given the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearing.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
m , AJa e. r
MEMO TO: ALL BOARDS, COMMISSIONS AND SHAKOPEE CITY COUNCIL MEMBERS
FROM : SHAKOPEE PARKS AND RECREATION DEPARTMENT
SUBJECT: PARK TOUR
DATE: SEPTEMBER 3, 1991
You are invited to join the Shakopee Parke and Recreation
Department on Monday, September 16, 1991 for an On-Site Inspection
Tour of its community parks, playgrounds and trail system.
The tour will leave the City Hall parking lot at 6 p. m. and visit
Holmes Park, Riverview Park, Tahpah Park, Lions Park, Stan ' s Park,
O ' Dowd Lake Park, Timber Trails Park, Eastside Park, Hauer ' s
Edition Totlot, Memorial Park, Hiawatha Park and Huber Park. Due to
the travel time involved, most stops will be very brief.
Car pooling will be the mode of transportation for this tour.
However, if more than 30 people express an interest in the tour, a
school bus will be used instead.
To indicate your interest to go along on the park tour, please
notify the Parks and Recreation Office before Friday, September 13.
The phone number is 445-2742.
METRO MEETINGS
A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and
standing committees,and six regional commissions:Metropolitan Airports Commission,Metropolitan
Parks and Open Space Commission,Metropolitan Sports Facilities Commission,Metropolitan Transit
Commission, Metropolitan Waste Control Commission and Regional Transit Board. Meeting times
and agendas are occasionally changed. Questions about meetings should be directed to the
appropriate organization.
DATE: Aug. 30, 1991
WEEKS OF: Sept. 2 - 13, 1991
METROPOLITAN COUNCIL
LABOR DAY HOLIDAY - Monday, Sept. 2. Council offices closed.
Management Committee -Tuesday, Sept. 3, 9 a.m., Council Chambers. The committee is tentatively
scheduled to discuss a Right-of-Way Acquisition Loan Fund 1991 levy; contract authorization and a
budget amendment for a regional radio study; an interagency agreement with the Interstate Hwy 494
Corridor Commission; and the 1991 year-to-date budget update and work program impact.
Metropolitan Council Nominations Committee for Regional Transit Board Vacancy-Tuesday,Sept.
3, 3:30 p.m., Carroll Conference Room.
Metropolitan Systems Committee-Tuesday,Sept. 3, 4 p.m., Council Chambers. The committee will
consider a request to increase a North Mississippi Regional Park acquisition grant; a Bloomington
request for a $40,000 development contingency grant for a shelter building at East Bush Lake; an
amendment to Rice Creek Chain of Lakes park reserve boundary and associated acquisition grant;
recommended allocation of 1991 state bond revenues for regional park acquisition and development;
and a new major airport search area update.
Transportation Technical Advisory Committee(TAC)to the Transportation Advisory Board(TAB)-
Wednesday, Sept. 4, 9 a.m., Council Chambers. The committee will hear reports on the transit
facilities plan and a TAC/TAB review process schedule; the Minneapolis-St. Paul Airport plan
adoption for public comment; and a recommended search area for a new airport. The committee will
also hear reports from the Development and Environment Committee; Funding and Programming
Committee;Land Transportation Committee on Park and Ride guidelines;Travel Behavior Inventory
Task Force; Minor Arterial Task Force; and other agency reports.
800 MHz Regional Trunked Radio Task Force-Thursday, Sept. 5,9 a.m., Room 1A.The task force
will hear reports from subcommittees for technical, operational, governance and finance issues. The
task force will also discuss the Associated Public Safety Communications Officials (APCO) national
conference in Tulsa, Okla.; the status of the Bloomington and Eden Prairie 800 MHz trunked radio
systems; and other business.
Metropolitan Significance Review Committee-Thursday,Sept.5, 11 a.m.,Room 4B.The committee
will consider admitting the Shakopee Mdewakanton Sioux community as a party to the review
process; an overview of the review process; and other business. The Council, at the request of Prior
Lake, is undertaking a metropolitan significance review of a proposed gravel mine in Shakopee.
Minority Issues Advisory Committee (MIAC) - Thursday, Sept. 5, 4 p.m., Council Chambers. New
MIAC members will be introduced. The committee will discuss the 800 MHz Regional Trunked
Radio Task Force study; MIAC 1991 event planning; a town meeting series on redistricting; the
Metropolitan Council's proposed 1992 work program and budget; standing subcommittee
appointments; committee announcements and news from the communities.
PUBLIC MEETING: On Airport Search Area Task Force Draft Final Report - Selecting a Search
Area for a New Airport Part Three:Recommended Search Area,Thursday, Sept. 5, 7 p.m., Rosemount
High School Student Center, 3335 142nd St. W., Rosemount.
PUBLIC MEETING: On Airport Search Area Task Force Draft Final Report - Selecting a Search
Area for a New Airport Part Three: Recommended Search Area, Friday, Sept. 6, 9 a.m., Council
Chambers.
TENTATIVE MEETINGS THE WEEK OF SEPT. 9-13
Council Tour of Reuter, Inc. - Monday, Sept. 9, 7:30 a.m., Reuter, Inc., 14405 W. 62nd St., Eden
Prairie.
Council Tour of Burnsville Landfill - Monday, Sept. 9, 9:30 a.m., Edward Kraemers and Sons, 1020
W. Cliff Rd., Burnsville.
Special Metropolitan Council Committee Meeting of the Whole-Monday,Sept.9,4 p.m.,Room 2A.
Metropolitan Waste Management Advisory Committee - Tuesday, Sept. 10, 2 p.m., Council
Chambers.
Metropolitan Systems Committee - Tuesday, Sept. 10, 4 p.m., Council Chambers.
Public Meeting on Water Supply Issues in the Metropolitan Area:A Staff Report - Tuesday, Sept. 10,
7 p.m., Maple Grove City Hall, Council Chambers, 9401 Fernbrook Lane, Maple Grove.
Public Meeting on Water Supply Issues in the Metropolitan Area:A Staff Report- Wednesday, Sept. 11,
7 p.m., Burnsville City Hall, Council Chambers, 100 Civic Center Pkwy., Burnsville.
Metropolitan Health Planning Board - Wednesday, Sept. 11, 4 p.m., Council Chambers.
Metropolitan Housing and Redevelopment Authority Advisory Committee-Thursday,Sept. 12,9:30
a.m., Room 2A.
Metropolitan and Community Development Committee - Thursday, Sept. 12, 2 p.m., Council
Chambers.
Metropolitan Council - Thursday, Sept. 12, 4 p.m., Council Chambers.
Public Hearing: Metropolitan Council Proposed 1992 Work Program and Budget-Thursday, Sept.
12, 7 p.m., Council Chambers.
Planners' Forum: On Water Supply Issues in the Metropolitan Area:A Staff Report -Friday, Sept. 13,
9 a.m., Council Chambers.
Lower Minnesota River Technical Advisory Group - Friday, Sept. 13, 9:30 a.m., Bloomington City
Hall, 2215 Old Shakopee Road, Bloomington.
Metropolitan Council offices are located at Mears Park Centre,230 E.Fifth St.,St. Paul, MN,55101.
For more information about meeting times and dates, call 291-6359.
METROPOLITAN WASTE CONTROL COMMISSION
Metropolitan Waste Control Commission -Tuesday, Sept.3,3 p.m.,Room 1A.The commission will
consider engineering and construction matters.
General Advisory Committee-Thursday,Sept.5,9 a.m.,Room 2A.The committee will discuss toxics
and will have an open forum.
Metropolitan Waste Control Commission offices are located at Mears Park Centre, 230 E. Fifth St.,
St. Paul, MN 55101. For more information, call 222-8423.
METROPOLITAN SPORTS FACILITIES COMMISSION
Consultant Review Committee - Tuesday, Sept. 3, 2:30 p.m. The committee will discuss legislative
representative contracts.
Metropolitan Sports Facilities Commission - Wednesday, Sept. 4, 9:30 a.m. The commission will
discuss the bids for an additional scoreboard; a report from the Consultant Review Committee; and
the quarterly financial report.
The Metropolitan Sports Facilities Commission office is located 900 South 5th St.,Minneapolis, MN,
55415. For more information call 332-0386.
METROPOLITAN TRANSIT COMMISSION
Finance and Administration Committee - Tuesday, Sept. 3, 3 p.m. The committee will consider
approval and recommendation for the demonstration of an information system upon buses and
acceptance of the financial statement as of July 1991. The committee will receive an update on the
Regional Transit Board's (RTB)Alcohol and Substance Abuse Policy and will receive an introduction
to the 1992 proposed budget.
Metropolitan Transit Commission - Tuesday, Sept. 3, 3 p.m. The commission will consider
authorization to solicit bids for the provision of printing services and approval of the per diems and
expenses as of September 1991.
Metropolitan Transit Commission offices are located at 560 Sixth Av. N., Minneapolis, MN 55411.
Meetings times and agendas occasionally must be changed. To verify meeting schedules or agenda
items, call 349-7516.
REGIONAL TRANSIT BOARD
Policy Committee - Tuesday, Sept. 3, 3 p.m., Room 2A. The committee will discuss the Metro
Mobility eligibility and certification work program; a Bloomington comprehensive plan amendment;
the bus-pass demonstration project; a proposed alcohol and substance abuse policy for metropolitan
transit service providers; the RTB's drug and alcohol abuse policy; and other business.
Regional Transit Board - Tuesday, Sept. 3, 4 p.m., Room 2A. The board will receive reports from
the chair and executive director, and the Policy Committee of the Whole, and other business.
Meetings are subject to change; please call to confirm. The Regional Transit Board is located in
Mears Park Centre, 230 E. Fifth St., St. Paul, MN, 55101. For more information or confirmation of
the meetings call the RTB office at 292-8789.
METROPOLITAN AIRPORTS COMMISSION
Planning and Environment Committee - Tuesday, Sept. 3, 1 p.m., Room 301, West Mezzanine,
Lindbergh Terminal. The committee will consider payments, change orders and bids on several MAC
contracts; acceptance of a federal grant; a status report on the St. Paul Downtown Airport long-term
comprehensive plan; a Minnesota Pollution Control Agency funding agreement on the noise
abatement program; a South St. Paul City Council resolution on the local airport; an update on water
quality at the Lake Elmo Airport; and an update on St. Kevin's Church. A tour of a sound-insulated
demonstration home is scheduled after adjournment of the meeting.
Management and Operations Committee -Wednesday, Sept. 4, 1 p.m., Room 301, West Mezzanine,
Lindbergh Terminal. The committee will consider a budget variance report; a recommendation on
gasoline, fuel oil and diesel fuel bids; luggage service contract renewal; a Northwest Airlines update;
and other business.
The Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN
55450. For more information, call Lynn Sorensen at 726-8100.
The Metropolitan Parks and Open Space Commission has no meetings the week of Sept. 2-6.
STATE OF MINNESOTA METROPOLITAN COUNCIL OF THE
COUNTY OF RAMSEY TWIN CTlmS AREA
IN THE MAU R OF THE NOTICE OF COMMENCEMENT OF A
METROPOLITAN SIGNIFICANCE METROPOLITAN SIGNIFICANCE
REVIEW OF THE PROPOSED REVIEW
MCKENNA SAND AND GRAVEL MINE Referral File No. 15492-1
IN THE CITY OF SHAKOPEE
Effective August 29, 1991, the Metropolitan Council commenced a metropolitan significance
review of the McKenna Sand and Gravel mine in the city of Shakopee. The metropolitan
significance regulations require that, within five days of commencement, the Council provide
notice of commencement of the significance review to the following: the parties, including the
city of Prior Lake, the initiator of the review, the city of Shakopee, the local governmental unit in
which the project is located, McKenna Sand and Gravel Company, the sponsors of the project;
adjacent governmental units; metropolitan agencies and the Metropolitan Council's Land Use
Advisory Committee.
This document, together with the attached copies of the Council order commencing the review
and suspending action on the proposed sand and gravel mine, the Chair's preliminary finding of
metropolitan significance, the information submission prepared by the city of Prior Lake and a
schedule for the metropolitan significance review constitute the notice required by Minn. Rules
Part 5800.0080, Subps. 2 and 4 (1991).
Dated this 29th day of August, 1991.
Ae611/440-fi/
Mary E. derson, Chair
Metropolitan Council
skumeusv\ms„«
•
STATE OF MINNESOTA METROPOLITAN COUNCIL
COUNTY OF RAMSEY OF THE TWIN CUthS
IN THE MATTER OF THE METROPOLITAN ORDER COMMENCING REVIEW
SIGNIFICANCE REVIEW OF THE PROPOSED Referral File No. 15492-1
MCKENNA SAND AND GRAVEL MINE IN
SHAKOPEE
WHEREAS, the McKenna Sand and Gravel Company has proposed to operate a sand and gravel
mine in the city of Shakopee; and
WHEREAS, the city of Prior Lake on August 15, 1991 submitted a resolution and information
submission requesting that the Metropolitan Council commence a metropolitan significance review
of the local impact of the proposed mine; and
WHEREAS, the Chair of the Metropolitan Council has made a preliminary finding that said city of
Prior Lake resolution and information submission substantively comply with and satisfy the requirements
of Minn. Rules Part 5800.0060, Subps. 1 and 3 (1991). The resolution from Prior Lake does not include
the address of the city of Shakopee and it makes an incorrect reference to the portion of the rules that
relate to proposed projects affecting a local governmental unit. However, neither of these oversights
affect the substance of the request; and
WHEREAS, the Chair of the Metropolitan Council has made a preliminary finding that the Prior
Lake resolution and information submission set forth an arguable claim that the city of Prior Lake and
the Shakopee Mdewakanton Sioux Community will be affected by the proposed sand and gravel mine,
and that the matter is not exempt from review within the meaning of Minn. Rules Part 5800.0050 (1991);
and
WHEREAS, the Chair of the Metropolitan Council has made a preliminary finding that it does not
appear that this metropolitan significance review has been initiated in bad faith; and
WHEREAS, the Chair has also reviewed the issues raised in Prior Lake's metropolitan significance
request and has identified two of the three issues as Iegitimate for significance review. In addition, the
Chair has identified the criteria or standards that will be considered in assessing and determining the
metropolitan significance of the proposed project. They are as follows:
A. Land use--Prior Lake's resolution alleges that the mining operation will produce substantial dust
and noise that will compromise the quality of life experienced by the Mdewakanton Sioux Community,
negatively affect the character of the surrounding residential and farming community and greatly reduce
land use options for vacant land in the area.
The Council will consider the comprehensive plans and zoning ordinances of Prior Lake and
Shakopee, appropriate local and state standards for fugitive dust and noise, the environmental assessment
worksheet (EAW) prepared for the proposed project and recognized standards for assessing land use
compatibility.
B. Traffic—Prior Lake's resolution alleges that the EAW prepared for the proposed project did not
adequately address the affect the volume of traffic will have on area land use, the problems resulting
from assimilating mine traffic with the predominately passenger traffic of County Road 42, internal mine
traffic, regional mine access, hours of operation and noise generated by accelerating trucks. In addition,
the resolution alleges that the EAW inadequately addresses truck- and equipment-generated pollution
such as dust and vehicle-related air contaminants and fails to provide prudent design and access
alternatives.
The Council will consider the EAW prepared for the proposed project, site specific noise
monitoring being conducted by the Minnesota Pollution Control Agency, local and county traffic data,
• recognized road design standards and recognized standards for noise and dust generated by truck traffic.
2
IT IS HEREBY ORDERED:
1. That a metropolitan significance review in the above-captioned matter is hereby commenced
effective August 29, 1991.
2. That in accordance with Minn. Rules Part 5800.0080, Subp. 6 (1991) no person will commence
site alteration on the proposed project until the Council's issuance of a final determination regarding the
metropolitan significance of the proposed sand and gravel mine or the expiration of the significance
review period, whichever occurs first.
3. That the Metropolitan Significance Review Committee is hereby appointed and will consist
of the following persons:
Dirk deVries, Chair
Liz Anderson
Bonnie Featherstone
Michael Hoffman
Bryan McGinnis
Dated this 29th day of August, 1991.
Mary E. derson
Chair
Metropolitan Council
G:useeme135h1muommrn
3
STATE OF MINNESOTA METROPOLITAN COUNCIL
COUNTY OF RAMSEY OF THE TWIN CITIES AREA
IN THE MATTER OF THE PRELIMINARY REVIEW SCHEDULE
METROPOLITAN SIGNIFICANCE Aug. 29, 1991
REVIEW OF THE PROPOSED MCKENNA Referral File No. 15492-1
SAND AND GRAVEL MINE IN THE CITY
OF SHAKOPEE
Order commencing review Aug. 29, 1991
Notice to appropriate parties Aug. 30, 1991
First meeting of Metropolitan Significance Sept. 5, 1991
Review Committee for organizational
purposes
Chair informs parties that mediation will be Sept. 6, 1991
used as a review alternative; significance
review suspended for 30 days
closer ae1352,\ heduk
_. HERITAGE COMMUNITY �I CJY iV'
I/_ .�, ;• 1891 1991 2091
1 "
r
:.- ..,;..-4-_,,..:::: :,
4,iNNEso.
August 15, 1991
Chairperson Mary Anderson
Metropolitan Council
Mears Park Centre
230 East Fifth Street
St. Paul, MN 55101
Dear Chairperson Anderson:
Attached, please find Resolution 91-32 which requests a
Metropolitan significance review by the Metropolitan Council of
the proposed McKenna sand and gravel mining operation in the City
of Shakopee. The City Council of Prior Lake adopted the
Resolution on August 14, 1991 which is 29 days after the City
Council of Shakopee rendered a negative declaration on the
Environmental Assessment Worksheet for the proposed mining
operation.
The sponsor of the sand and gravel pining project is McKenna Sand
and Gravel Company at 8221 Horizon Drive, Shakopee, MN 55379 .
The requester of the Metropolitan significance review is the City
of Prior Lake at 4629 Dakota Street SE, Prior Lake, MN 55372 .
Questions may be directed to City Manager David Unnacht or myself
at Prior Lake City Hall 447-4230 .
Resp gully,
#07 ' 0,41.4_
Horst W. Gras
Director of P nning
CITY OF PRIOR KE
HWG/acj
Attachment
4629 Dakota St. SE.. Prior Lake. Minnesota 55372 i P . (612) 447.4230 1 Fax ,612) 447-4245
rxt
HERITAGE COMMUNITY `I (.I ./5/'
f� ; 1891
J ,._ ?. 1991 2091
it/ S 0 '.
RESOLUTION 91-32
RESOLUTION REQUESTING METROPOLITAN SIGNIFICANCE REVIEW BY THE
METROPOLITAN COUNCIL IN ACCORDANCE WITH MINNESOTA STATUTE
473 . 173 , AND MINNESOTA RULES CHAPTER 5800. 0060 SUBPART 1,
SECTION B, OF THE MCKENNA SAND AND GRAVEL MINE WITHIN THE
CITY OF SEAKOPEE
MOTION BY LARSON SECONDED BY SCOTT
WHEREAS, the City Council of Prior Lake was given notice on June
14, 1991, of a proposed sand and gravel mining operation
by McKenna Sand and Gravel Company whose address is 8221
Horizon Drive, Shakopee, MN 55379 and consisting of
forty (40) acres located adjacent to and directly north
and east of McKenna Road and the City boundary of Prior
Lake; and
WHEREAS, the City Council of Prior Lake has determined that in
accordance with Minnesota Rules Chapter 5800. 0040
Subpart 3 , Section A, the sand and gravel mining
operation may have detrimental effects on the City of
Prior Lake and the Shakopee Mdewakanton Sioux Community
also in the City of Prior Lake and located directly
adjacent to and west of the proposed operation as
follows:
(a) Land Use - the mining operation will produce
substantial dust, noise, and visual pollution that
will compromise the quality of life currently
experienced by the Mdewakanton Sioux Community,
negatively affect the character of the surrounding
residential and farming community, and greatly
reduce land use options for vacant land in the
area.
(b) Traffic - the EAW has not adequately addressed the
affect the volume of traffic will have on area land
use, the problems resulting from assimilating mine
traffic with the predominately passenger traffic of
County Road 42, internal mine traffic, regional
mine access, hours of operation, and noise
• generated by accelerating trucks. Furthermore, the
• EAW inadequately addresses truck and equipment
generated pollution such as dust and vehicle
related air contaminants and fails to provide
prudent design and access alternatives.
4629 Dakota St S.E, ?nor Lake- Minnesota 55372 / P i (612) 47.4230 I r=an (612) :=17.42'45
(c) Reclamation Plan - the reclamation plan provides no
assurance that the work will be done in a timely
manner; and
WHEREAS, not more than 30 days have elapsed since the City of
Shakopee rendered a negative declaration on the
Environmental Assessment Worksheet filed by McKenna Sand
and Gravel Company.
NOW Th REFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, that this Resolution be forwarded to the Metropolitan
Council for review and consideration.
Passed and adopted this 14th day of August , 1991.
=ES NO
Andren X Andren
Fitzgerald Fitzgerald X
Larson X Larson
Scott 7r. Scott
White p. sent White Absent
- {Seal}
D. Kay Scr mudlaca
Assis nt City Manager
City of Prior Lake
AUG 27.'91 13:27 OSM MPLS, MN P.2
OASMK Orr
Schelen
Mayeron&
Associates,Inc.
2021 East Hennepin Avenue
Minneapolis,MN 55413 '
612-331-8660
FAX 331-3806 Engineers
August 27, 1991 Architects
Planners
Surveyors
City of Shakopee
129 East First Avenue
Shakopee, MN 55379-1376
Mm: Mr. David E. Hutton, P.E.
Public Works Director
Re: Municipal Swimming Pool Improvements
OSM Project No. 0273.91
Dear Mr. Hutton:
Attached please find our Engineering Proposal for preparing the plans and specifications
and working with you during the construction phase on the improvements to the municipal
swimming pool. The proposal is broken into three basic parts:
phase No. Description
2 Design Phase
3 Construction Phase
4 Extra Services
The Extra Services phase is primarily for construction staking and surveying.
With regards to the Council's questions on the four items listed in your letter of August 21,
1991, I've provided the following answers:
1. What is the expected life of these repairs?
The shortest life expectancy of these repairs has to do with the pool liner, Based on
information from the liner manufacturer, they advertise 20 years of water quality with
their liners.
2. What type of lin is pro,„-,sed?
The type of liner proposed is a 36 mil Hypalon Liner. Hypalon is a DuPont
Trademark and represents a flexible membrane liner of synthetic rubber. This was
the liner used to prepare the cost estimate.
•
AUG Zia'91 13:28 OSM MPLS, MN P,
Mr. David E. Hutton, P.E.
August 27, 1991
Page 2
NOTE: The old liner was 6 mil polyethylene.
3. Will the bentonite be replaced also?
No. The bentonite was not intended to be replaced. The intent was to remove the
sand material and inspect the bentonite/clay layer. If there were any problems (soft
spots, depressions, protrusions) they would be taken care of.
4. Are there any alternatives to moving the concrete wall?
Yes, there are alternatives, some of which you mention in your letter. Eliminating
any high diving board is certainly one of the first alternatives that comes to mind.
However, some additional ones are as follows:
A. Eliminate diving altogether
B. Raise the concrete wall so its visually obvious to the swimmer
C. Pad the surface of the concrete wall
D. Install additional signs and rope buoy floating barriers
I hope this answers the questions and concerns of the Council. If additional information is
required, please let me know.
Respectfully,
ORR-SCHELEN-MASE ERON
& ASSOCIATES, INC.
d-4.4",o1L,
pgLetzjci
James P. Norton, P.E. D. Edward Ames, LS.
Senior Project Manager Vice President
/cmw
0827cos.dh
Enclosure
c: Mr. Bret Weiss, OSM
Mr. Ed DeLaForest, OSM