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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 cr 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. i i g g 4) 4) 4) O 0 O 0 H 1-4 b RI 0 0 CD CD •'-i o o r al Oi O W 4 CO 4) in • r-1 E U O 0 H 1a '� H at 4) O H H H as CD CD w 0 W o 0 01 01 O 0 Or 44 O 4) /-1a a 4) 4i 0 0 m •r H H O U H Hb b o o M M <r W W E z •r4 a •r1 KC H gH I):1 1-) H 1x •ri •r4 t a b m I •rl 1.1 I •r4 14 H 0 H 0 4 H 4i W H •rI U •H U z ca W z as W O 14 O )•1 H ,71 H Ar 1-) o Hoa -� a O U U OU U / ,), ct_ 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, COUNTY' OF Sett .. ( .MU.VICIP.ILITY OF..._. S I% 1Goft G� 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 -16antcri�c\�'seS Z c� ">r ar Nom, ..... p13a: or, �� c\a', �:�� hereby appl its for a license,for the term of.....0'.".e..y"V e.,_,..p•Aect,1"r.raro-!to•.«... 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 ........... .. ... ........... .......... • 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 ' gliA54/441 KF - I,0 P/ 5 -1-6c- Amid`" • • . . 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- - 19'. .\ ------' 7".•:..v.'74.-s.-;.::.:"..-- N. • '. County,Minn. : g a T cr E N B AC H My • lit n r -miNNESOTA k ti: HEMEPIN COMITY \OP uy Commbilon EADI:c::J::1=-ZICTI ' 0 .. ... .. It ..... eo u "ts co lo ,1 4.4 " In 04 —. CO ae k. ..C.:::. •.". : ..... .4 o 04 .„ cz, ... EM C4el ey 4. % is 0 .4-• -.. o so. c. .... o .4 . ti) 0 cl 8 ;44 P-, co Di 0 1 2 5 ..1 4...) ;.% V tg 17:: 44 g Q V* 4-# E..., ^ .01 a,' . 2 g ,.., 2 . pt 0 0 O Z1 4) / -10 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. 'fir '11 '{ • ' `' • :'•:;:: ill'. :hr•.'; . f * yrs r ; I • .AI 1 4 rTo ' c ]oilo s i • . owxa�rt , •QCs N• I {• •..•.:x D tq3.' 'r !_ . I. •i t . i - - — KOEFEA►1 E ..........:CO'::71.•,— "'�: sf' 1.. 4�:� • SCor' • 1 I' :::*ktwo.00 i F�' ' 1. .i „ i'' ' I -' ,lltlt D�i.0*..NCM '�t` i;''.,•,1 1 rill t�: 1 (1. r. i,i .i �, .�r� I t1 .t;`• . ?,! 001 ; •. :' L[v, +�. ,� rnwNt.tHe'�tv[mr,or . _ j se>rwstr A. i 77 I* :'�•':••%SY:gRrr Ln,. ^ r ! r '� I , •..'.;; � "4°482 ,.r,a.�, a isitli,:ti;i°01 — MrR G„A.DD CO AD 17 1 ives ll I \\,,,,\sX .' -.;.•--.-1-•,•,:-..--.-- -7-1=-N.. '— 6: 1':a1,^.!t< .n�',i."._ —� ...-1 I "\i-l\-- ),\ �. t ., a .1. IILA 15,41,:;,:••'. i,CLINklifff 1, !'4..;le Y'' I { • I. ` i• ,r X"N,:� '� CT•Rid 111 [yr1Y. tT�l.{1 g 11 (I',T. �.f.•wIii3,•. < • ,' , �y I I G11 1�:. bxnn gy� 4 .• ( • 1 ,.,,,.....• ..,..1 . . : '1 n',/;12--•':h.. .....- 8 's .__ ►, — _. .. . ___. ._._....... .......1.- • ►—L ' a— — •.. -. • • tj LY• i4 ; " N �' . ,; ".%1{ 1 ed, •;W rye* . • . . ..;,-.. .411 .• 1. *.::::..I ::: t rk.';'.4- 0 •L rl.. :4i •s • . . i .,; ...,•....• : , .,i„,.,”. •:-.,,I, .i`{. 1 . .. - - '1 4*4_*i: .'':•'''.:i- .' I icigAi • .i : -4* • . . : . • i .• , • • •� -1 ,. } c rusu►rRD 1 '!..i.1.•-••: 1 r.: CO.A rl t ++ •. , 1. i.''. R` I '�.ori`'D. =it it .•'", ,'•_ t 4iNN 33d0NvHS -gl:E,EE : MdV.:4 lc"—Zt—d :H10 03N B3H SIONV8J 1S:A8 AO!! Inc 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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W 1 ' H H o \n H O H� Co W H, a Co H' 4- I•-' N W \o • \..n 7 W H' • 0\ \O \.n N 0 0 Cb v1 H' 0 I--' \J1 01 CO 0 w Co ON H' 0 -P- ‘..n R) w 0 H' vt 0\ O O 0\ \J-1 -.3 4' F-' O O CO O O O O �n 11 O — O 0\ 0\ \r -4 0 H' -I 0 -I 0 r r � .� .---s" p / z 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