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01/03/1995
TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 3 , 1995 LOCATION: City Hall, 129 Holmes Street South 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] Approval of Minutes of Nov. 22nd and 29th, and Dec. 14 , 1994 10] Communications: *a] Cliff McCann, Scott County Administrator, regarding Prior Lake/Spring Lake Watershed District Board *b] Donald Hall regarding trunk sewer to serve St. Francis Regional Medical Center 11] 7 : 30 P.M. PUBLIC HEARINGS a] Proposed street light at the intersection of CR-83 and Valley Industrial Boulevard South - Res. No. 4151 b] Proposed public improvements for P & V Addition and P & V Second Addition - Res. No. 4150 (Bring feasibility report from Dec. 6th agenda packet) 12 ] Recommendations from Boards and Commissions: None 13 ] Reports from Staff: a] Shakopee Community Center Project *b] New Police Officer TENTATIVE AGENDA January 3 , 1995 Page -2- 13 ] Reports from Staff continued: *c] Fischer Aggregate EAW - Res. No. 4152 *d] Group Insurance Renewal *e] Approve Bills in the Amount of $138, 898 . 36 *f] Probation Termination - Mark Erickson *g] Designating Official Newspaper *h] Shakopee Senior Graduation Party, Inc. i] Night Time Illumination of Flags on City Properties j ] 1995 Liaison/Related Appointments k] Council Meeting Objectives and Procedures *1] Request For Deferment of Special Assessments *m] 1995 Electrical Inspector Contract 14 ] Resolutions and Ordinances: *a] Ord. No. 396 - Regulating Rollerblading *b] Ord. No. 397 - Amending Pawnshop/Secondhand Dealer' s Licensing Provisions *c] Res. No. 4148 - Setting Hearing on Vacation of Spencer St. North of TH-101 15] Other Business: a] Set Committee of the Whole - Jackson Township and Louisville Township to discuss park and rec. fees b] c] 16] Recess for executive session to discuss labor negotiations 17 ] Re-convene 18] Adjourn to Tuesday, January 17 , 1995 at 7 : 00 P.M. Dennis R. Kraft City Administrator REMINDER: January 10th - Committee of the Whole at 5 : 30 P.M. TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Annual Meeting January 3, 1995 1 . Roll Call at 7 : 00 P.M. 2 . Approval of the November 22 & 29, 1994 meeting minutes 3 . Election of Officers 4 . Statement of Interests in Real Estate 5 . Other Business a) b) 6 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 22 , 1994 Chrmn. Lynch called the meeting to order at 6: 15 P.M. with Comm. Brekke, Beard, Sweeney and Mayor Laurent present. Also present: Dennis Kraft, City Administrator; Mark Erickson, Assistant City Attorney; Lindberg Ekola, Planning Director; Dave Nummer, Staff Engineer; and Judith S. Cox, City Clerk. There was no business to come before the H.R.A. Chrmn. Lynch adjourned to November 29, 1994 at 5: 30 P.M. Dennis R. Kraft Executive Director Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 29 , 1994 Chrmn. Lynch called the meeting to order at 5: 55 P.M. with Comm. Beard, Sweeney, Brekke, and Mayor Laurent present. Also present: Dennis Kraft, City Administrator; Karen Marty, City Attorney; Lindberg Ekola, Planning Director; Barry Stock, Assistant City Administrator (arrived late) ; and Judith S. Cox, City Clerk. There was no business to come before the H.R.A. Chrmn. Lynch adjourned the meeting at 5: 55 p.m. to December 6, 1994 . Dennis R. Kraft Executive Director Esther TenEyck Recording Secretary _ _ - *,25 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Election of Officers DATE: December 30, 1994 INTRODUCTION: Article II Section B of the Bylaws of the HRA provide for the election of officers at the annual meeting. BACKGROUND: The Bylaws provide that a Chairman, Vice Chairman and Secretary be elected by and from the Commissioners at the annual meeting immediately after the roll call and approval of the minutes of the previous meeting. The officers shall take office immediately after being elected. ACTION REQUESTED: Move to elect a Chairman, Vice Chairman and Secretary from the membership of the Commission. MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Toni Warhol, Administrative Secretary RE: Commissioner Interest in Real Estate DATE: December 27, 1994 Please find attached a disclosure of real estate located within the corporate limits of the City of Shakopee. Please list any property that you have an interest in. Thank you. **NOTE: I have attached last year' s for your convenience. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 22 , 1994 Mayor Laurent called the meeting to order at 5: 33 P.M. with Cncl . Brekke, Lynch, Beard, and Sweeney present. Also present: Dennis Kraft, City Administrator; Lindberg Ekola, Planning Director; Mark Erickson, Assistant City Attorney; Dave Nummer, Staff Engineer; and Judith S. Cox, City Clerk. Mark Erickson discussed the situation regarding an abandoned house on City property, stating that the mover cannot be found and that the owner is no longer a party. The home was bought for $312 . 00 and bonded for $3000. 00 with MN DOT, which has been forfeited. Mr. Stock stated that he has determined that the mover does not have a bond but does have insurance. Mayor Laurent stated that the mover had numerous violations in this matter. One violation is a permit that is required to move the house, and the another being a conditional use permit. Cncl. Beard asked whether a MN DOT performance bond could be recovered if they need to move the house off of the street and on to the City property. Sweeney/Beard moved to direct staff to move the house onto the City lot. Motion carried unanimously Brekke/Lynch moved that in the eventuality the City ends up placing the house on a City owned lot the house will remain there until it is destroyed or the moving costs are paid for by the owner or the mover. Cncl. Beard stated that the owner should be contacted to determine their position and give them a deadline to move it. Mr. Kraft stated that because of the question of liability that snow fence be constructed around the house to keep children away. Motion carried unanimously. Cncl. Sweeney discussed Truth in Taxation statements that are out and stated that it was different than anticipated throughout the county. He stated that the fiscal disparities contribution is substantially increased and the fiscal disparities refund is decreased at the county level. Discussion followed. Sweeney/Beard moved to direct staff to prepare the necessary resolutions to factor in the revenue enhancements and the budget changes and get a second run from the assessor. Motion carried unanimously. Official Proceedings of the November 22 , 1994 Shakopee City Council (COW) Page -2- Cncl. Beard stated he had received a call regarding loose animals and asked that staff to be aware of the contract that will be coming up in order to get it on the agenda. Mayor Laurent adjourned the meeting to November 29, 1994 at 5: 30 P.M. Meeting adjourned at 6: 14 p.m. 449 ,0i))-t4, J.6x, JkAith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 29 , 1994 Mayor Laurent called the meeting to order at 5: 30 P.M. with Councilmembers Brekke, Lynch, Beard, and Sweeney present. Also present: Karen Marty, City Attorney; Dennis R. Kraft, City Administrator; Lindberg Ekola, Planning Director; Barry Stock, Assistant City Administrator (arrived late) ; and Judith S. Cox. Discussion ensued about the cancellation of a debt service levy, the elimination of the ambulance subsidy and more money available from SPUC. Council could make budget changes to enable a zero increase in the gross tax levy from 1994 to 1995. It was stated that the effect of the changes would result in a typical house in Shakopee paying approximately $10. 00 more than last year. Cncl. Sweeney stated that $238 . 00 would have to be taken from the levy in order to reach a zero level. Sweeney/Lynch moved to direct staff to make budget changes to result in a zero increase in the gross tax levy for pay 1995 taxes in preparation for the tax levy hearing. Motion carried unanimously. Discussion ensued regarding the liquor license fees and whether or - not the public hearing set for December 6th should be changed. Ms. Marty stated that there will be a hearing before the fees would be raised and suggested having the hearing in the spring. Beard/Sweeney moved to direct staff to cancel the public hearing regarding liquor license fees, and to reset it after the decision is rendered in the City of West St. Paul case. Motion carried unanimously. Mayor Laurent adjourned the meeting at 5: 55 P.M. v-oljA ,) . 6 J ith S. Cox C ' y Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 14 , 1994 Mayor Laurent called the meeting to order at 7 : 00 p.m. with Councilmembers Brekke, Lynch, Beard, and Sweeney present. Also present: Dennis R. Kraft, City Administrator; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; and Dave Nummer, Staff Engineer. Discussion ensued on the cooperative construction agreement with Mn/DOT for drainage costs associated with the Shakopee Bypass from CR-17 to T.H. 101 approximately 0. 4 of a mile east of its junction with CR-18 . In answer to questions, Mr. Timothy Johnson, head engineer on the bypass project, explained that right-of-way costs are not included in this contract. There will be an additional cost to Shakopee for right-of-way costs. He explained that Mn/DOT needs all of the costs for construction before they can open bids and that the bid opening for this work is scheduled for December 16th. He said that Mn/DOT needs this contract signed before opening the bids, but that they do not actually need to receive the funds for 60 to 90 days. Beard/Sweeney moved to authorize the appropriate City officials to execute the Cooperative Agreement with Mn/DOT for construction of the T.H. 101 Southerly Bypass from the Bloomington Ferry Bridge to County Road 17 . Motion carried unanimously. Beard/Lynch directed staff to prepare a recommendation on the funding for this project. Motion carried unanimously. Sweeney/Brekke offered Resolution No. 4139, Approving Plans and Identifying Parking Restrictions for T.H. 101 Southerly Bypass, and moved its adoption. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 4140, Approving Execution of Agreement With Mn/DOT for Drainage for T.H. 101 Southerly Bypass From C.R. 17 to C.R. 18, and moved its adoption. Motion carried unanimously. Councilmembers agreed to meet on January 10, 1995 at 5: 30 p.m. to talk about funding for this project and other surprise projects that have come up this year. Mayor Laurent adjourned the meeting to December 20, 1994 at 7 : 00 p.m. Meeting adjourned at 7 : 42 p.m. Vi41414 th S. Cox Clerk Recording Secretary SCOTT COUNTY OFFICE OF THE ADMINISTRATOR COURTHOUSE ANNEX 110 AX 428 HOLMES STREET SOUTH XM.■. SHAKOPEE, MN 55379-1387 (612)496-8100 FAX# (612) 496-8180 CLIFFORD G. McCANN County Administrator • December 13, 1994 :='s00MbriANil Mr. Dennis Kraft City Administrator, Shakopee Shakopee City Hall 129 South Holmes Shakopee, MN 55379 Dear Mr. Kraft: RE: Appointment of Managers to the Prior Lake/Spring Lake Watershed District Board Pursuant to Minnesota Statute 112.42 and the Scott County policy on Citizen Appointments to Scott County Advisory Boards and Committees (Resolution No. 89030 adopted April 11, 1989), the Scott County Board of Commissioners is requesting your nominations for the appointment of two managers to the Prior Lake/Spring Lake Watershed District Board of Managers. The terms of Marvin Oldenburg and Dave Moran will expire on March 3, 1995. Mr. Moran has expressed interest in serving another term; Mr. Oldenburg is not interested in serving another term. In accordance with Minnesota Statute 112.42, no person shall be appointed who is not a voting resident of the watershed district, and none shall be a public officer of the County, State or Federal government, except that a soil and water conservation district supervisor may be appointed as a manager. Enclosed for your review are copies of applications for the position received within the last 12 months. Should your own appointments process include completion of application forms for these positions, please forward copies of those which you receive. The Board of Commissioners requests that you submit your recommendations for these appointments as soon as possible and no later than January 23, 1995. Gary L.Cunningham Barbara Ness Jan Murphy Deputy Administrator Assistant County Executive Assistant Administrator An Equal Opportunity/Affirmative Action Employer Mr. Dennis Kraft December 13, 1994 - Page 2 Please contact your County Commissioner or submit your recommendations to the Recording Secretary in the Administration office. Thank you for your attention to this matter. Very truly yours, 61,4),,,t, ll�€✓t,ti^ a L , i Cliff kl G. McCann County Administrator Jill c: County Commissioners Barbara Johnson, Prior Lake/Spring Lake Watershed District File: Prior Lake/Spring Lake Watershed District i' i t RECOMMENDED ACTION: Move to receive and file the communication from Cliff McCann, Scott County Administrator, requesting nominations for the appointment of two managers to the Prior Lake/Spring Lake Watershed District Board of Managers. SCOTT COUNTY APPLICATION FOR CITIZEN ADVISORY COMMITTRr=/HoAB.D APPOINTNT . • MAY"7:. -_ .. .. Cr/L /V. 7i9 tJ/.3' HOW LONG HAVE YOU L.tvz.J IlY -- .-- - SCOTT COUNTY? 7 Years • ADDRESS: S4/4/5" S4or . IV .c • /�r/a,- 614 C Ssj7z District PEON=: Ecme:d/Z- gl./S-G CLS Z Work: G/Z" Z �j0 " 1p (SSL . OCCUPATION: S/9-1/-s e • Yl d Z4 cliesYymit ✓Bdux EMPLOYZR: IO C'N Red . Red/ D • ADDRESS: 77? 0 7`/0 A -Ye 5'7`Y./51,4e( ssio z ON WHAT C0:^_ EE/BOAR.D ARE YOU. I R.:.5= LY SERVING? . Prior Lake/Spring Lake Watershed District Are you related tc any Scott County r ' ".sssie.^.er or to amy member on the committee La which you are interested? If so, give name and relatienshia. • What background, skills, interests-experiences experiences wou?d you. bring to this' ceamzittee/board that will help in achieving its objectives? 'Mr 44l SM Css <<?v0(Uc'ssrt��S a h L.A 1Fc :S4royYrlvY s--- �. ?r/-s 7/11t ern)/roAi/wirf. i /int know%c/7e s•Pc. em ree fa-3444 J.e d-or Kt. w f'ev q t$J 1.1� i s s is r 2, • - d h re-J-e-- Ct e J e-t m r w-( ' ma... /4 1. e X Y t J kr t 6}YL h pt-1a rt (rr J t 1 d- t 514)11e- -t'>>,.t- i • (Attach additional paces if-needed) • . Return this ccmp eted al cation form tc: SCOTT' COUNT? OF`CZ OF 'r� AD=TI ATOR SCOTT COUNTY COURTHOUSE, ROOM 110' . 428 SOUTH EOLtrrz . SHAKOPEE, MINNESOTA. 2S3siS-1382 • Attn: Jane Hansen, Recording Secretary . This acclication will be kept cn file e =or 12,mcnths unless you aetify th;% - cf ice of. your continued interest. . . PERSONS WITH DISABILITIEES ARE ENCOURAGED TO APPLY •• • DEC• 5 1994 SCOTT COUNTY APPLICATION FOR CITIZEN ADVISORY COMMITTEE/BOARD APPOINTMENT NAME: ('J/it G �/��C/� HOW LONG HAVE YOU LIVED IN SCOTT COUNTY? 5- YEARS ADDRESS: 3 3 /0lei Re,- S Hz PA/Df. J41-k' M4/, 5-5-372- DISTRICT PHONE: Home 6(510- 70'93 Work: 115/0 -/03.5— OCCUPATION (L c cT 04//c EMPLOYER: /1rj`er C/`fiT 4"/ec7oHl(s EMPLOYER ADDRESS: 3337- /1.0/04' ''I. ON WHAT COMMITTEE/BOARD ARE YOU INTERESTED IN SERVING? c W Tcea/ 0/ST/e T— ARE YOU RELATED TO ANY SCOTT COUNTY COMMISSIONER OR TO ANY MEMBER ON THE COMMITTEE IN WHICH YOU ARE INTERESTED? IF SO, GIVE NAME AND RELATIONSHIP. A/o - SPECIFIC BACKGROUND/SKILLS REQUIRED FOR MEMBERSHIP ON THIS COMMITTEE/BOARD: WHAT BACKGROUND, SKILLS, INTERESTS, EXPERIENCES WOULD YOU BRING TO THIS COMMITTEE/BOARD THAT WILL HELP IN ACHIEVING ITS OBJECTIVES? (Attach additional pages, if necessary) / 4 'c U 54/ /7/ / 7f- ./ -A'e AP/- yeii-i per « .0'A- ?ii or frk- -7`e r s�f 7,.-57 1/'ohv '77- .r7-e- /sem-77-0 1-iT— ARE YOU CURRENTLY SERVING ON ANY OTHER SCOTT COUNTY CITIZEN ADVISORY CO.MI4ITTEES/BOARDS? IF SO, NAME OF COMMITTEE/BOARD: N PERSONS WITH DISABILITIES ARE ENCOURAGED TO APPLY RETURN THIS COMPLETED APPLICATION FORM TO: SCOTT COUNTY OFFICE OF THE ADMINISTRATOR ATTN: RECORDING SECRETARY SCOTT COUNTY COURTHOUSE, ROOM 110 428 SOUTH HOLMES SHAKOPEE, MN 55379-1382 ,; ^ ; : i, This application will be kept on file for 12 months. .NT /0\6 U L ax YCF D DEC 2 2 1994 20 December 1994 C L5 9 V IE City Council of the City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Reference:Proposed Trunk Sewer to Service St.Francis Regional Medical Center Notification Letter of 20 October 1994 Dear Sirs: The registered letter indicates that the City of Shakopee will assess the 13 property owners listed. Given the current circumstances surrounding this project, I would like to know how this assessment will be made? What criteria will be used to apportion the estimated$115,230 is cost? At a zoning meeting on 4 March 1993 when this extension of the sewer beyond the current MUSA line was discussed, a restriction of the Metropolitan Council was that this extension was available only to the hospital and no one else could connect. It is my understanding that assessments must be made in relation to the benefit to be received by the assessed property and cannot be in excess of the increase in value due to the improvement. As a resident property owner, I cannot see any immediate benefit to this project; in fact, the hospital site will most likely be detrimental to the local residential property owner due to the increased traffic,congestion and direction of future development. The hospital corporation is essentially a private enterprise that has elected to build on a site that currently does not have the proper utilities. It would seem that this organization should therefore bear the responsibility for the cost of the needed sewer line that will be for its sole benefit; this should include any interest on the project. If and when the sewer line is extended,the local residents could be assessed for the new extension to their properties and perhaps receive some benefit from the original main trunk line; I submit that this will be small compensation for the loss of overall value to the residential area due to the hospital location. Since ly, e°,* Donald E.Hall 1732 Marschall Road Shakopee, MN DEH Action Requested : Receive and File 0 YT/3 0)1A, 0'3 ( 44, 4110.`. SHAKOPEE December 29, 1994 Mr. Donald Hall 1732 Marschall Road Shakopee, MN 55379 Dear Mr. Hall : I am in receipt of your letter of December 20, 1994 regarding assessments for the sanitary sewer extension along Marschall Road (C.R. 17) . The public hearing on November 15, 1994 (the one you received the notice for) was to decide if the project should proceed past the preliminary report stage. As you may be aware, the City Council ordered the extension of the sanitary sewer at the conclusion of the public hearing. The November 15th public hearing is one of the two hearings required by statute for a public improvement project . The remaining public hearing will be to consider the assessments for this project, which would be the appropriate forum for you to convey your concerns to the City Council . The assessment hearing is usually held after the project is completed, and the final costs are known. You will receive notice of the assessment hearing similar to the notice you received for the improvement hearing. In regard to the proposed assessments, the costs for the project will be divided on a per acre basis . I have included a copy of the feasibility report which shows the estimated assessment rates. The statement in your letter regarding the assessment amount not exceeding the increase in value to the property is correct, however, the City does not typically hire an appraiser to determine the increase in value for every property along a project . These appraisals are usually performed in response to an appealed assessment . I hope this information helps to answer your concerns . If you would like to discuss this matter further, please contact me at 445-3650 . Sincerely, David M. Nummer Staff Engineer DMN/pmp HALL COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-445-3630 FAX 612-445-6718 r MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer jrnN3 SUBJECT: Street Light at County Road 83 and Valley Industrial Boulevard South DATE: December 29, 1994 INTRODUCTION: Attached is Resolution No. 4151, a resolution ordering an improvement by installing a street light at the intersection of Valley Industrial Boulevard South and County Road 83. BACKGROUND: By Resolution No. 4133, the City Council set a public hearing to consider the installation of the street light. The original request for the street light was made by Council Member Dirks last June. Shakopee Public Utilities has provided a cost estimate of$1,100.00 to install the pole and fixture. The Special Assessment Policy allows for assessing street lights 100%to the benefitting property owners. ALTERNATIVES: 1. Adopt Resolution No. 4151. 2. Deny Resolution No. 4151. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4151, A Resolution Ordering an Improvement By Installation of a Street Light at the Intersection of Valley Industrial Boulevard South and County Road 83, Project No. 1995-4 and move its adoption. DMN/pmp MEM4151 RESOLUTION NO. 4151 A Resolution Ordering An Improvement By Installation Of A Street Light At The Intersection Of County Road 83 And Valley Industrial Boulevard South Project No. 1995-4 WHEREAS,Resolution No. 4133 of the City Council adopted the 6th day of December, 1994, fixed a date for a Council hearing on the proposed improvement for installation of a street light at the intersection of Valley Park Drive and Valley Industrial Boulevard South; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 3rd day of January, 1995, at which all persons desiring to be heard were given an opportunity to be heard thereon; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such improvement is hereby ordered as proposed in Council Resolution No. 4133 adopted December, 1994. 2. Bret Weiss, Orr-Schelen-Mayeron & Assoc., Inc. is hereby designated as the engineer for this improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney V v Frl Z C V -r;4 n Z �0 aa1 0 0303o CDN v- o > 0 M 0 m rN0) ao . CD x � �z m -I v m �m 00) 0M O . 90 m w 00 O. 53 vZc . N aCC .? n m> c ``MK _ o O Za) ° Z > CVc a n 03 CD 0 �' o a) a cc) ox O� 0Wa' - c m - rz a2 ' 5k1 5 n C 0 a I- --1 p am -a w o Il -I O .� -1 w CO D i1 J 1 m J n m4cn o � Ca N D 0)CD 0) - N 0) O N cco sm, 77 cn m y o * ao al _ m 2to O o � � nm CD Ey .p v XJ G) m m � � 'CI O) "� Ocp w Z ry II .� 4, Z ap cD 13 0 C gl X m 0. 0. II cr w fs O Z me CN 0 •- W _ _ iON 0 CO J 0 0 0 0co m D Cl)44) Cn M gto to el w -� f-�► ca rn w. a 8a) 0)co m rn v v Z -i PLEASE BRING FEASIBILITY REPORT FROM DECEMBER 6TH PACKET MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: P&V Reconstruction, Project No. 1995-5 DATE: December 29, 1994 INTRODUCTION: Attached is Resolution No. 4150, a resolution ordering an improvement and the preparation of plans and specifications for the P&V Reconstruction Project No. 1995-5. BACKGROUND: On December 6, 1994, the City Council adopted Resolution No. 4134 setting a public hearing for the reconstruction of infrastructure within the P&V Additions for January 3, 1995. A feasibility report on this project was received by City Council on December 6, 1994. The feasibility report recommends reconstructing existing Sand Street, Mound Street and Lewis Street within the P&V Additions to a 36 foot wide, urban section in accordance with City Specifications. Other recommended improvements include sanitary sewer and water services which the area is currently lacking, and construction of storm sewer to improve storm drainage in the area. These improvements in the P&V Additions were included in the recent annexation agreement with Jackson Township. The annexation agreement allows for a maximum assessment of $8,000.00 for street, sewer and water services to those P&V residents who signed an assessment waiver. The feasibility report estimated assessments at about $11,500 per lot. To date, 30 of the 34 parcels on the assessment roll have signed the waivers. In order to assess those who have not signed waivers of assessment rights, a public hearing must be held. This project is included in the 1995 Capital Improvement Plan. Since this project was not petitioned for, a 4/5 vote from City Council is necessary to order the improvement. ALTERNATIVES: 1. Adopt Resolution No. 4150. 2. Deny Resolution No. 4150. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4150, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the P&V Addition and P&V 2nd Addition, Project No. 1995-5 and move its adoption. DMN/pmp MEM4150 RESOLUTION NO. 4150 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For P&V Addition And P&V 2nd Addition Project No. 1995-5 WHEREAS, Resolution No. 4134, adopted on December 6, 1994, fixed a date for Council hearing on the proposed improvement of P&V Addition and P&V 2nd Addition by street reconstruction, sanitary sewer, storm sewer and watermain; 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 January, 1995, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Reconstruction of Mound Street, Sand Street and Lewis Street and installation of sanitary sewer, storm sewer and watermain. 2. Bret Weiss, Orr-Schelen-Mayeron & Assoc., Inc. is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /3a. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator/ Community Services Director RE : Shakopee Community Center Project DATE : December 29, 1994 INTRODUCTION: On December 6, 1994 the Shakopee City Council directed staff to investigate alternatives which would reduce the components within the earlier proposed community center project . The Park & Recreation Advisory Board has met to discuss the majority of the design concepts discussed herein. The Park Board is recommending that the site south of the Senior High School be utilized for a facility that would include the components identified in Phase I of Attachment #1 . BACKGROUND: On November 29, 1994, Lifetime Fitness representatives shared with City Council the findings of their report . It was apparent from the Lifetime Fitness analysis that a facility which included an ice arena, aquatics area, fitness area and gymnasium could not be constructed for under $6 million. Additionally, a $400, 000 . 00 per year net operating loss for a partial facility is not acceptable. Even with the addition of the Dakotah Fitness Facility the community and Recreation Department have programming needs that remain and will continue to grow. It is not practical to conduct recreation programming activities for Shakopee residents from either the Chaska Community Center or the Dakotah Fitness Facility. Shown in Attachment #2 is a chart indicating the number of participants in our recreation program since 1993 . The chart also projects participation growth through the year 2000 . Staff has prepared construction cost estimates and operating performa for a facility which would include the following components : Ice Arena, Meeting Rooms, Gymnasium/Running Track, Racquetball Courts, Banquet Hall, Offices and Cable Studio. (See Attachment #1) On December 5th, staff had the opportunity to tour a facility in Rosemount that included components that closely match those included in this analysis . Staff was also able to obtain a copy of the 1995 operating budget for this facility which isolated the cost of operating the community center from the ice arena. Staff has used these cost estimates as a basis in determining the financial operating performa for the facility proposed herein. Staff would like to note that there are other community center facilities in the metropolitan area including the cities of Crystal and New Brighton that do not include all of the facility components that we are accustomed to seeing in facilities such as Chaska. I have included three different construction cost scenarios . Each scenario uses a different basis for determining construction costs . The first set of estimates utilize the construction cost figures provided by the architect that the City retained in 1993 prior to the referendum. Staff has increased these cost estimates by 5%. The second set of cost estimates utilize the architectural cost projections for the Maplewood facility plus a 5% increase . The third construction cost estimate is based on the Lifetime Fitness construction cost figure of $80 . 00 per square foot . In each of the construction cost scenarios the total construction cost figures exceed the $6 million allocation amount . This being the case, two options exist . First, the City could allocate additional funds to the project . Second, the City could choose to cut various components from the project scope. With respect to additional funding sources, Council could select to allocate an additional $1 million of Tax Increment Financing to the project . Council could also select to sell Tax Increment Finance Bonds for a portion of the project . In terms of deleting components from the project, staff would first recommend that the running track be deleted followed by the four meeting rooms . If we retain the banquet hall it could be designed in such a fashion that it could be split into separate meeting rooms when the full banquet hall is not needed. Deleting the running track and meeting rooms would reduce the project cost by approximately $500, 000 . 00 and put us very close to $6 million. In terms of the operating cost performa for the facility, I have separately analyzed the cost of the arena versus the community center portion of the facility. I have utilized the operating cost data from the Rosemount facility as a basis for determining cost . The Rosemount facility separately tracks expenses for the arena versus the community center portion of their facility. Therefore, it is an accurate basis for determining operating costs for our facility. I have also conservatively estimated revenue for the ice arena portion of the facility separately from the community center portion. Both Rosemount and Chaska Ice Arena 1994 revenue figures were utilized to project revenue estimates for a Shakopee arena. In preparing operating revenue and expense data note that I have estimated both low side and high side projections to give Council an idea of what we might be in store for in both worst case and best case scenarios. (See attachments #3, 4 and 5 . ) If a middle of the road position is taken with respect to the ice arena, it appears that the ice arena portion of the facility would basically be a break even. In terms of the community center portion of the facility, staff is proposing to relocate the recreation department staffing from the current City Hall facility to the proposed community center. This would accomplish two things . First, it would 2 reduce personnel costs associated with operating the community center facility since existing personnel would be available to staff the facility. Secondly, it would free up additional space in the current City Hall for future expansion needs . The community center portion of the facility utilizing very conservative revenue projections when compared to operating expenses appears to operate with a deficit in the area of $100, 000 . 00 . At the last Council meeting, It was suggested that perhaps the downtown area should be evaluated as a possible site for the community center facility. Shown in Attachment #6 is a list of advantages and disadvantages associated with this alternative . The downtown redevelopment option could be fashioned in such a way that it might serve to simultaneously resolve several community problems. City Council could choose to sell TIF Bonds that could be used to fund a portion of the downtown redevelopment project . Project components would include the acquisition and demolition of Blocks 3 and 4 . The project would also include the construction of downtown parking ramps and a two-three story facility that would include retail space, library, banquet hall, meeting rooms, racquetball courts and gymnasium. The facility would be condominiumized to allow for the generation of property taxes. These property taxes would be used to cover the bond debt . Under this downtown redevelopment scheme, the City could choose to allocate $2 million to the construction of an ice arena on the property south of the Senior High School . The remaining $4 million could be allocated to the downtown redevelopment project . There are many different variations to this option in terms of facilities and financing. Once the bonds for this project are retired, the tax increment collections could be allocated to a variety of community projects including future additions to the facility constructed south of the Senior High School and other public improvement projects. In reviewing the various community center components, staff has had the opportunity to meet with school officials to discuss possible facility sharing arrangements . Mr. Bob Ostlund, School District Superintendent believes that the School District would obviously benefit from the construction of a facility on the property adjacent to the Senior High School . He also believes that the proximity of the proposed facility would perhaps reduce the long terms future capital expense needs for the Senior High School most notably in the area of future gymnasium needs. A third possible option that was discussed related to the City and School District participating jointly to add recreation facility space to the current Senior High School facility. The School District is generally not excited about the possibility of 3 operating an ice arena. Additionally, staff is somewhat concerned about the legislative appearance of giving funding to the School District . Finally, adding space to the current Senior High School facility would likely have a negative impact on the development of a free standing community center facility in Shakopee . Other factors that are less measurable including the concept of maintaining a sense of community and establishing a center for community pride could be lost through a Senior High School expansion. Additionally, the Senior Citizen population may see less value in utilizing a facility that is set in more of a school campus setting. On December 28th, I met with Bahram Akradi, Lifetime Fitness President to review the construction cost and operating costs scenarios outlined herein. Mr. Akradi believes that the 1993 architect and Maplewood construction cost scenarios are much higher that what we would actually incur. Mr. Akradi stands behind his $80 . 00 per sq. ft . cost figure. It should be noted that the $80 . 00 per sq. ft . figure assumes the utilization of Lifetime Fitness as project designer and construction manager. In reviewing the data prepared by staff Mr. Akradi suggested the possibility of pursuing another alternative . The alternative as proposed by Mr. Akradi includes the construction of a domed athletic complex and a separate freestanding ice arena. The domed athletic complex would include two gymnasiums, softball/soccer fields, running track, rollerblade track, batting cage and golf cage. This facility would be very unique in design and would attract users from a large market area. This being the case, the potential revenue stream increases dramatically. The facility would be multi purpose and many activities would be occurring simultaneously within the facility. The facility could also be designed to include meeting rooms and office space if deemed appropriate . Mr. Akradi will be present at our meeting on January 3rd to present construction and operating cost data associated with this concept . Mr. Akradi will also be prepared to respond to questions regarding the other community center options . ALTERNATIVES : 1 . Provide staff with direction in terms of locating a facility on the property south of the Senior High School which would include the components outlined in Phase I Attachment #1 . 2 . Provide staff with direction in terms of locating a facility on Blocks 3 and 4 and a separate free standing ice arena on the property south of the Senior High School . 3 . Same as Alternative #2 except exclude ice arena from further consideration at this time. 4 4 . Same as Alternative #1 except exclude an ice arena from further consideration at this time. 5 . Provide staff with direction in terms of constructing and ice arena only on the property south of the Senior High School . 6 . Provide staff with direction in terms of the proposal suggested by Mr. Akradi . ACTION REQUESTED: Discuss and provide staff with direction accordingly. BAS/tiv cmtycent 5 Attachment #1 !1 Tl -+ PIA W N -f^ J J .--1, — J J (0 OD V O) U1 A W N - o W 13 U . W N -+ O ' o m X Z Io = m a) (AU)) M •10 (n Z ..00 O) o o � 0 CD '< CD 3 o c m D v :: cii x m ocr m 0 F.D. m o 0 co...a:,... v = 0-a = m = c n0. o co 73 -I 0 s (0 m p N - Q � y fp° o9 n .m.00C/ N M..- a o 0 = n r� 09 o 01 ao o 7 a.20 -1 § m n K d °1) 05m k0. 6 o rn m xal -I ( o a C cn O � m •� 7 O O o R. c ^Ao n CCD r C 0. N N OO O 3 -0 O 0 - CC. 0 a NCl) c G \ 3 a o o N -I rli 01 0 a a a w (0 00 0 0 co o O o 00 -a O O oO P N A N N A A N -a. (/) J A W A W -+ A U1 A -A - - -+ -A -+ � CO W WNAOo� V ()) U)NOa00 A NN ONOONUIO)UlON00 r 0 0 0 0 0 0 0 A A O 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O O O O o O o 0 0 0 0 0 - 69 O O 69 (A)1 69 EA 69 69 69 63 83 69 69 69 69 63 y. W ...169� -+ -+ - - - 69 -a - -a 6369 -+696969 --+ N) N CO N) Na N 0) N) W CO N N N t0 (0 0) (0 (0 0) A (Cn 13 D U) " U1 01 U) 01 O N U) 0) U1 U1 U1 U) U) U1 O U1 Cn U1 O 0) LI; C m 63 EA 69 6) 63 69 69 69 69 69 69 69 69 Ui A69A63AEA- ) 696969N (0 co6963 4 O) 63636963 to ton*ft EA-NJ N -CD A -a -ACU1A69U1 W NN U10U7 W WC0-1 t0 61 W -+ NUIO Ut000) 0) 003 -+ AN VNA CDNO) -a - NOOA 0) U1NN -+ ACO 43 ED VN -A 0 CO COO OO VN�IU1U) U1O O V W:1V (DOCD U10U1U1AN0) NO W CD CD N NNOOOiUlU10000 (001 W - - 000 00000U10U10000 - O O o 0 0 0 0 0 0 0 0 0 --+ (0 N 0 0) 0 0 0 O O O O O O o 0 0 0 0 0 O O o 0 0 0 0 0 0 O 0 0 CO CO O O O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O • 0 0 - O O O N) A N N .n. A N K N j N A W A W --+ A U0i .A. -aC+) NA 0000)) CD V U1 U1N0000 A NN ONO0N) U10) cal 0N) 00 0 0 0 0 0 0 0 A A O 00000000000 0 o 0 0 0 0 0 0 0 O 0 O O O o 0 0 0 0 0 0 0 0 0 0 69 a CO" 64 6 EA 69 v o 69 W 69-L -a s -a 6) 69 U1 EA EA 69 63 69 69 ,.6) N 69 69 EA 63 CDN - CO + 0001 t0 COU) O (0NNC0 (0(0000tDUl0 U1 � C11 U1 co O U1 U) Ul O U) U1 0) U1 O Ul U) O O U1 U1 U1 W Ul 0) o 69 69 69 69 69 69 69 69 69 69 63 69 A 69W 63 3 69 Ca 69 69 69 N 03 co) V 69 EA W "' 64 61 69 69 63 69 63 69 N � A �) -+ C11A -a69A Ga •••% - 0) --I(4W 64 69W -. N000 _ 0) ANAVAWAW -+ 0) 0 A JVO) 0) WU10) 0) ONNOW 0) WC3NCO -A 0 0) 0) -+ W 000) NU) W CA ID 0 AN -aCO (ONNO U1000ncal 0oU) co NONOO) NU10) -+ UtUt000000 - U1U) W W (O N - 00000000) 00) 00 W (0 A A 0 0 0 0 0 0 0 0 -► CO W — -+ O 0 O O O O O o 0 0 0 0 0 0 0 `I V 0 o 0 0 0 0 0 0 0 0 0) A N 0) 0) O O O O O O O O O O O O o 0 0 K * m r d o n c 3 00 m CO 0 , CU 7 -a 69 m 0 o v) 0 0 69 69 0 64 63 69 1 m 000CD ((0 o) 0oorn 0 0000 0 0000 6 Attachment #2 # OF YEAR PARTICIPANT POPULATION PERCENT 1993 7419 12732 58 % 1994 7485 13246 57 % 1995 7992 13781 58 % 1996 8316 14338 58 % 1997 8650 14917 58 % 1998 9000 15520 58 % 1999 9365 16147 58 % 2000 9744 16800 58 % The population figures are estmates by using the Met Council's estimated growth rate of 4.04 percent. Based on our 1980-93 building permit trend line, our planning department is estimated a 6.66 percent growth rate. In the past few years, 58% of the population has been involved in recreation activities. Therefore, the estimates of 1995-2000 participant numbers are 58% of the estimated population. The number of participants does not include the following: skating rink attendance, pool admission, showcase, mailing lists, picnic attendance. 7 • Attachment #2 Cont. BREAKDOWN OF PROGRAMS 1992 1993 1994 WRESTLING 121 107 111 GYMNASTICS 299 266 226 BASKETBALL 310 307 463 BASEBALL/SOFTBALL 613 640 632 T-BALL/NEAR--BALL 186 227 218 ADULT SOFTBALL 1069 1112 1290 ADULT EDUCATION 27 EXERCISE & DOG OBED.) ADULT VOLLEYBALL 257 TEEN BROOMBALL 91 TRIPS 151 SPORT CAMPS 250 SPECIAL EVENTS 1476 PICNICS 203 KIDS 118 SWIMMING LESSONS 680 SEASON PASSES 514 SUMMER LEAGUES 156 FOOTBALL 170 SKI CLUB 69 CHEERLEADING 36 SNOWMOBILE CLASS 36 SOCCER 108 YOUTH VOLLEYBALL 37 ADULT BASKETBALL 166 TOTAL 7485 8 Attachment #3 ARENA EXPENSES Rosemount 1995 Shakopee Shakopee Proposed Springsted Valley Ice Low Side High Side 1 Description Budget 1993 +5% 1992 +10% Projection Projection Salaries & Benefits $46,000 $91,350 $10,439 $25,000 $45,000 Full-Time Overtime $400 $0 $0 $0 $0 Part-Time Salaries & Benefits $34,900 $0 $0 $25,000 $35,000 Duplicating & Copying Costs $500 $0 $0 $500 $500 Training & Instructional Supplie $100 $0 $0 $100 $100 Miscellaneous Supplies $200 $0 $0 $200 $200 Other Office Supplies $300 $0 $0 $300 $300 Cleaning Supplies $2,500 $0 $0 $2,500 $2,500 Motor Fuels $1,300 $0 $0 $1,300 $1,300 Chemicals& Chemical Product $500 $0 $0 $500 $500 Other Operating Supplies $500 $0 $0 $500 $500 Equipment Parts $1,500 $2,625 $0 $1,500 $1,500 Building Repair Supplies $1,800 $2,625 $0 $1,800 $1,800 Small Tools $300 $0 $0 $300 $300 Minor Equipment $200 $0 $0 $200 $200 Food for Resale $0 $15,750 $0 $0 $0 Other Items for Resale $0 $5,250 $0 $0 $0 Medical & Dental Fees $500 $0 $0 $0 $0 General Fund Admin Fees $5,700 $0 $0 $0 $0 Telephone Costs $1,000 $0 $0 $1,000 $1,000 Postage Costs $500 $0 $0 $500 $500 Travel Expense $200 $0 $0 $200 $200 Employmet Advertising $500 $0 $0 $500 $500 Workmen's Comp Insurance $5,300 $0 $0 $4,200 $5,500 Other Insurance $10,000 $42,000 $0 $10,000 $10,000 Electric Utilities $41,500 $36,750 $0 $41,500 $41,500 Water Utilities $0 $0 $0 $1,800 $1,800 Gas Utilities $14,000 $0 $0 $14,000 $14,000 Refuse Disposal $2,100 $0 $0 $2,100 $2,100 Contracted Building Repairs $1,200 $0 $0 $1,200 $1,200 Contracted Mach & Equip R& $1,200 $0 $0 $1,200 $1,200 Other Equipment Rental $300 $0 $0 $300 $300 Dues& Subscriptions $600 $0 $0 $600 $600 Conferences & Seminars $200 $0 $0 $200 $200 Other Miscellaneous Charges $300 $11,000 $74,832 $300 $300 Bond Principal $10,000 $0 $0 $0 $0 Bond Interest $149,000 $0 $0 $0 $0 Bond Paying Agent &Admin F $800 $0 $0 $0 $0 Transfers $3,500 $0 $0 $0 $0 TOTALS $339,400 $207,350 $85,271 $139,300 $170,600 9 Attachment #4 Community Center PARKS & REC DEPARTMENT Rosemount 1995 Shakopee Shakopee Proposed Low Side High Side Description Budget Projection Projection Salaries& Benefits $257,300 $0 $0 Part-Time Salaries & Benefits $108,900 $69,000 $82,000 Miscellaneous Supplies $1,900 $1,900 $1,900 Other Office Supplies $1,000 $1,000 $1,000 Cleaning Supplies $2,500 $2,500 $2,500 Chemicals &Chemical Product $1,000 $1,000 $1,000 Other Operating Supplies $2,500 $2,500 $2,500 Equipment Parts $1,500 $1,500 $1,500 Building Repair Supplies $1,800 $1,800 $1,800 Other Maintenance Supplies $1,500 $1,500 $1,500 Other Items for Resale $500 $0 $0 Medical & Dental Fees $300 $0 $0 Special Programs $5,800 $5,800 $5,800 Other Professional Services $500 $500 $500 Travel Expense $200 $200 $200 Employment Advertising $500 $500 $500 Other advertising $8,200 $5,000 $5,000 Electric Utilities $25,000 $25,000 $25,000 Gas Utilities $14,000 $14,000 $14,000 Refuse Disposal $4,900 $4,900 $4,900 Contracted Building Repairs $1,800 $1,800 $1,800 Contract Mach & Equip R & M $1,800 $1,800 $1,800 Building Rental $17,000 $0 $0 Other Equipment Rental $8,500 $500 $500 TOTALS $468,900 $142,700 $155,700 10 Attachment 5 ARENA REVENUES Rosemount 1995 Low Side High Side Proposed Springsted Valley Ice Chaska Shakopee Shakopee Description Budget 93 +5% 1992 +10% 1993 Act. Projected Projected Interest Earnings-Investments $300 $0 $0 $0 $0 $0 Interest Earnings $300 $0 $0 $0 $0 $0 Prime Time Ice Fees $169,200 $132,300 $92,670 $141,171 $102,300 $121,000 Non-Prime Time Fees $24,500 $75,600 $0 $0 $18,000 $18,000 School District Fees $4,300 $0 $0 $0 $0 $0 Open Skating Ice Fees $7,200 $0 $0 $0 $2,000 $4,000 Other Events-Ice Arena $7,500 $0 $0 $0 $0 $2,500 Advertising Revenue- Ice Aren $13,100 $0 $0 $0 $7,500 $10,000 Skate Sharpening Revenue $1,000 $2,835 $0 $0 $0 $0 Ringette Ice Fees $1,300 $0 $0 $0 $0 $0 Inline Skating Fees $0 $0 $0 $0 $0 $1,000 Concessions $5,000 $21,000 $0 $0 $2,500 $5,000 Vending - Ice Arena $10,400 $2,100 $0 $0 $3,000 $7,500 Pro Shop Revenues $0 $15,700 $0 $0 $0 $0 Transfer From General Fund $95,500 $0 $0 $0 $0 $0 TOTALS $339,600 $249,535 $92,670 $141,171 $135,300 $169,000 Note: Chaska 1995 Ice Arena Revenue Projection-$149,247 COMMUNITY CENTER REVENUES Rosemount 1995 Shakopee Shakopee Proposed Low High Description Budget Side Side Banquet Fees $62,300 $10,400 $40,000 Auditorium Fees $21,700 $0 $0 Gymnasium Fees $3,700 $0 $1,000 Classroom Fees $12,000 $0 $1,000 Fitness Room Fees $1,000 $0 $0 Food Service $5,000 $0 $0 Open Gym Fees $6,400 $1,000 $5,000 Jazzercise Fees $1,800 $0 $0 Gymnastics Fees $7,200 $0 $0 Karate Fees $8,700 $0 $0 Golf Cage $0 $0 $3,000 Batting Cage $0 $0 $1,000 Raquetball Fees $0 $5,000 $20,000 Vending - Coom. Center $0 $2,500 $10,000 Pay Phones $0 $500 $1,000 Cable Access Studio Fees $0 $7,200 $7,200 $129,800 $26,600 $89,200 11 Attachment #6 Downtown Redevelopment Option Acquire Blocks 3 and 4, Demolish, Construct Retail, Library, Banquet Hall, Offices, Gymnasium, Racquetball Courts. Cost: Acquisition - $2, 000, 000 Demolition - $500, 000 Library - $2, 000, 000 Gymnasium - $2, 000, 000 Rec. Offices - $150, 000 Racquetball - $125, 000 Banquet Hall - $350, 000 Retail Space - $2, 000, 000 Parking Ramps - $2, 000, 000 Sub Total Cost Est. - $9, 125, 000 (Best Guess) Ice Arena at Sr. High Site - $2, 000, 000 Advantages Elimination of blighted area. Improve first impression of community. Provides for immediate Recreation needs. Long term generation of increased tax base. Provide catalyst for other downtown redevelopment. Establish downtown as a destination point. Development of new Library. Former Library site would be available for tax generating development. Disadvantages Financial risk to City absent a qualified developer. Long range central community center concept could suffer. Availability of parking may be a problem. Highest a best use of property for tax exempt use is questionable. Condemnation and relocation of existing businesses. Proximity to Residential 12 CONSENT iS TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Authorize Hiring of Police Officer DATE: December 27, 1994 INTRODUCTION: The Police Department is requesting authorization to hire Chris L. Dellwo to the position of probationary police officer as soon as possible. BACKGROUND: The 1995 Police Budget contains funds to hire an additional Police Officer effective January 1, 1995. Then, the Shakopee Police Civil Service Commission conducted the necessary testing, established an eligible list for the position of police officer and has certified the names of the three candidates standing highest on that list. This list will expire when one person is hired from it. The eligible list and the certification of the top three candidates are attached to this memo. The 1994 Union Contract establishes $2,463/mo. as the starting wage for the position of police officer. Chris L. Dellwo is the number one candidate on the eligible list. ALTERNATIVES: 1. Authorize hiring Chris Dellwo 2. Authorize hiring Mitchell Singer 3 . Authorize hiring Amy Springer 4. Authorize hiring no one. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize hiring of Chris L. Dellwo as a police officer with the Shakopee Police Department at a monthly rate of $2,463 subject to the satisfactory completion of pre-employment medical and psychological testing and the customary 12 month probation period. TO: Mayor Laurent Members of the City Council FROM: Shakopee Police Civil Service Commission SUBJECT: Certification of Candidates DATE: 10-21-93 The following individuals are hereby certified as being the top three candidates on the current Shakopee Police Department eligibility list for the position of police officer: 1. Chris L. Dellwo - 78.7 2. Mitchell A. Singer - 75.1 3. Amy M. Springer - 74. 1 Signed, "OF 1.0)4_Spagno • , S- -tary Shako.ee Police Ci Service Commission CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Environmental Assessment Worksheet for the proposed Fischer Aggregates, Incorporate Sand and Gravel Mining Expansion DATE: December 28, 1994 INTRODUCTION: On November 23, 1994, the 30 day comment period ended for the Environmental Assessment Worksheet (EAW) for the proposed Fischer Aggregates gravel mining expansion The gravel mine is to be located south of CR 16 and west of CR 83.. The City of Shakopee, as the Responsible Governing Unit (RGU), must now decide whether an Environmental Impact Statement (EIS) is necessary. BACKGROUND: The EAW was sent to 22 governmental agencies (Exhibit A) and a copy was sent to the Scott County Library for public viewing. Attached are comments received by the City of Shakopee (Exhibit B). The City's response to these comments have been attached (Exhibit C). DISCUSSION: The Minnesota Environmental Quality Board (EQB) has prepared EAW guidelines that state that an EIS shall be ordered for a project that has the potential for significant environmental effects. In deciding whether a project has the potential for significant effects, the RGU shall compare the impacts that may reasonably be expected to occur from the project with the following criteria: A. Type, extent, and reversibility of environmental effects. B. Accumulative potential effects of related or anticipated future projects. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. The RGU must apply the criteria to the factual information contained in the EAW, the comments received on the EAW and the responses and comments. It is essential that the RGU review the environmental effects as disclosed by the EAW and the comments, determine a reasonable conclusion about the significance of each of the environmental effects based on the facts disclosed and the criteria, and make a reasonable overall conclusion about the potential of the project for significant environmental effects. FINDINGS: In reviewing the four criteria, staff has found the following: Criteria A: Type, extent, and reversibility of environmental effects. Finding: Based on the comments from the review agencies, there do not seem to be any significant environmental effects that will result from this project with the appropriate mitigation measures implemented. All commenting agencies have recommended that an Environmental Impact Statement (EIS) is not necessary for this project. Criteria B: Accumulative potential effects of related or anticipated future projects. Finding: The applicant has not identified any future expansions of this gravel mining operation other than what has been proposed. Criteria C: The extent to which environmental effects are subject to mitigation by an ongoing public regulatory authority. Finding: The City of Shakopee regulates gravel mining operations primarily through the conditional use permit approval process. Environmental effects are mitigated by a project complying with City codes and policies as well as specific conditions established in the conditional use permit approval process. 2 Criteria D: The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer of EIS's previously prepared. Finding: A conditional use permit has been previously approved for a gavel mining operation on the site. An EAW was also prepared for this operation. The City of Shakopee has approved other mining operations in the past. Regulations controlling mining operations have evolved over time to mitigate many of the potential impacts and should be sufficient for protection of the environment. ALTERNATIVES: 1. Make a negative declaration on the need for an EIS for the proposed Fischer Aggregates gravel mine expansion. 2. Make a positive declaration on the need for an EIS. 3. Table the decision on the need for an EIS to allow more time for commenting agencies to review the responses. RECOMMENDATION: Staff recommends that a negative declaration on the need for an EIS be made by the City Council, based on the review of the EAW and the comments received. ACTION REQUESTED: Offer Resolution No. 4152, A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for the proposed Fischer Aggregates gravel mine expansion. {aggie\fishoeraggr.eaw} 3 RESOLUTION NO. 4152 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE FISCHER AGGREGATES GRAVEL MINE EXPANSION WHEREAS, the proposed expansion of the Fischer Aggregates gravel mine in the City of Shakopee required the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, the City of Shakopee is the Responsible Governmental Unit (RGU); and WHEREAS, the City of Shakopee has prepared an EAW which was published, distributed and commented on in accordance with the Minnesota Statutes, Chapter 116D and Chapter 4410 of the Minnesota Rules; and WHEREAS, the City of Shakopee has reviewed all comments received regarding the EAW and has prepared a response to all comments received. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council that a negative declaration is hereby made on the proposed Fischer Aggregates gravel mine expansion. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney - EXHIBIT B STATE OF MRO-IT SOYA ►. DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 - DNR INFORMATION 10 (612) 296-6157 November 22, 1994 Lindberg Ekola Shakopee Planning Director 129 Holmes Street Shakopee, MN 55379 RE: Fischer Aggregates, Inc. Sand & Gravel Mining Expansion Environmental Assessment Worksheet (EAW) Dear Mr. Ekola: The Department of Natural Resources (DNR) has reviewed the EAW for the Fischer Aggregates, Inc. Sand & Gravel Mining Expansion project. We offer the following comments for your consideration. Item 9 indicates a Conditional Use Permit amendment has been requested for the current operations because the existing permit allows mining only to a depth of 20 feet. The EAW should address the rationale for this existing depth restriction and how it has bearing, (if at all), on the proposer's request to mine to a depth of 40 feet. Item 13a lists the unique well number for the central operations/processing area as being S10437. This well number should be read as 510437. Furthermore, various municipal and private water use requirements are currently being examined in a more regional context regarding cumulative potentials to impact the nearby Savage Fen Wetland Complex. Fischer Aggregates Inc. appropriation activity is included in this analysis. Results of the analysis will be incorporated into both current and future appropriation permits. Items lla & 18 correctly indicate Dean's Lake ultimately receives stormwater runoff generated in the site's northeast quarter. What analysis has been done that leads to the conclusion that runoff quantities will not change as a result of the project? Item 16 states approximately 1% of the site exhibits peat soil conditions. Peat soils are generally indicative of wetland conditions. Item 10 does not list any wetland covertype acreage being present. National Wetland Inventory (NWI) maps should be consulted to ensure that no wetlands are involved in the project. The following comments are offered to enhance or clarify information provided in the EAW and do not require a response. The EAW indicates that land mined for each phase will be converted to agricultural uses at the cessation of mining activity. We recommend site revegetation with native species where possible. Native plant species will provide better wildlife habitat than MN/DOT seed mixtures No. 2 and 13. We recommend mixtures which contain oats, rye, and native grass species such as mixtures No. 100 and 150. We commend the City of Shakopee, as responsible governmental unit (RGU), because the EAW was well organized and presented information in a clear and concise fashion. ,;•,\+ inti- i AN EQUAL OPPORTUNITY EMPLOYER - Lindberg Ekola - - November 22, 1994 Page 2 Thank you for the opportunity to review this document. The preparation of an Environmental Impact Statement (EIS) is not required in our opinion. 'We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, require you to send us your Record of Decision within five days of decidirT this action. Please contact Bill Johnson of my staff at (612) 296-9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Natural Resources Environmental Review Section Office of Planning c: Kathleen Wallace Steve Colvin Pete Otterson Jan Shaw Wolff Lynn M. Lewis, USFWS Gregg Downing, EQB Liza Robson, Fischer Aggregates, Inc. #950073-01 ER15.FISCHER.DOC eex�+ua!! r_�- : -_ Minnesota Pollution Control Agency �r' November 18, 1994 C �N. -J/q,,, J Mr. Lindberg Ekola, Planning Director City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Re: Fischer Aggregates, Inc. Environmental Assessment Worksheet Dear Mr. Ekola: The Minnesota Pollution Control Agency(MPCA) staff has completed a review of the above-referenced project. Relative to those areas for which the MPCA has jurisdiction, the staff does not recommend the preparation of an Environmental Impact Statement (EIS) for MPCA-related approvals. We do, however,provide the following comments. An area of concern which was not fully addressed was the eventual end use of the facility. Potential end uses mentioned in the Environmental Assessment Worksheet(EAW) range from agricultural use for raising of crops to residential development to development of industrial uses. By lowering the ground surface elevation through quarrying, the depth to ground water correspondingly diminishes, and the potential for ground water contamination increases. We encourage the city to choose a final end use plan that will provide the maximum protection for ground water. Thank you for the opportunity to review this EAW. If you have any questions, please do not hesitate to contact Gretchen Sabel of my staff at 612/297-1766. Sincerely, VEAVe Afti Paul Hoff, Director Environmental Planning and Review Office Administrative Services Division PH:cl 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall• Rochester - Equal Opportunity Employer•Printed on recycled paper containing at least 10%fibers from paper recycled by consumers. Metropolitaai Council Advocating-regional economic, societal and environmental issues and solutions November 21, 1994 . Terrie A. Sandbeck Assistant City Planner City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 RE: Environmental Assessment Worksheet for the Proposed Fischer Aggregate, Inc. Sand and Gravel Mining Expansion Received by Council for Review: October 11, 1994 Metropolitan Council District 5 Dear Ms. Sandbeck: Council staff has reviewed'this environmental assessment worksheet (EAW). The staff review finds that the EAW is complete and accurate with respect to regional concerns.and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. Council staff have made the following technical comments for your information and possible use. Item 13a - Water Use There is an existing well on the farmstead that will need to be abandoned. The farmstead area is scheduled to be mined in Phase 3. Council staff would like to re-emphasize the need to abandon the well according to State of Minnesota and City of Shakopee regulations. Item 13b - Water Use Council staff applaud Fischer for discharging their wash water to a sedimentation basin so that they can re-use the water for washing the aggregate before drawing on its ground water appropriation for wash water. Item 17- Erosion and Sedimentation The EAW states that temporary sedimentation ponds will be located in the excavation area and in the processing area. The pond in the process area will collect runoff from the process area as well as from the temporary haul roads. All temporary and permanent sedimentation basins should be designed according to National Urban Runoff Program (NURP) standards or similar criteria, if runoff is to be released from the basins. Mears Park Centre 230 East Fifth Street St. Paul. Minnesota 55101-1634 612 291-6359 Fax 291-6550 TDD 291-0904 ®RecyuecTseper An Equal Opportunity Employer _- EXHIBIT C COMMENT LETTERS RECEIVED AND RESPONSES TO COMMENTS DEPARTMENT OF NATURAL RESOURCES (DNR) November 22, 1994 COMMENT: Item 9 indicates a Conditional Use Permit amendment has been requested for the current operations because the existing permit allows mining only to a depth of 20 feet. The EAW should address the rationale for this existing depth restriction and how it has bearing, (if at all), on the proposer's request to mine to a depth of 40 feet. RESPONSE: The original 20 feet was determined by the amount of material to be mined over a 17 year period. As explained in Item 20 of the EAW,the well log recorded at the site indicates the presence of a limestone formation that occurs between 62 and 200 feet. Because limestone formations are characteristic of high permeability. Fischer Aggregates will maintain a 20 foot buffer between mining operations and the limestone formation. As further described in Item 20, Fischer Aggregates will take precautions in active mining areas to ensure no groundwater contamination occurs. These precautions include constructing perimeter berms around the active mining area to direct any run-off away from the open pit. All fuel operated equipment will be refueled on the concrete pad in the central processing area. In the circumstance that a leak or spill should occur, the sand and gravel will act as an absorbent for short term containment. To further mitigate the possibility of groundwater contamination the soil where the spill occurred will be removed immediately and the MPCA will be notified for assistance in treating the contaminated soil. COMMENT: Item 13a lists the unique well number for the central operations/processing area as being 510437. This well number should be read as 510437. Furthermore,various municipal and private water use requirements are currently being examined in a more regional context regarding cumulative potentials to impact the nearby Savage Fen Wetland Complex. Fischer Aggregates Inc. appropriation activity is included in this analysis. Results of the analysis will be incorporated into both current and future appropriation permits. RESPONSE: The unique well number in Item 13a shown as S10437 has been corrected in the EAW document to read as 510437. The DNR was contacted in regard to the analysis involving the Savage Fen Complex. The DNR stated that Fischer Aggregates should not have difficulty obtaining a water appropriations permit. However, because Fischer Aggregates is included in the analysis area, groundwater that is appropriated in the future will be scrutinized more closely than in the past. City of Shakopee staff has relayed water use information to the Shakopee Public Utilities Commission (SPUC) for their groundwater studies. As noted in the EAW 90,000,000 gallons per year has been permitted for mining operations. However it has been estimated actual water use will be approximately 20,500,000 gallons. COMMENT: Items 11a& 18 correctly indicate Deans Lake ultimately receives stormwater runoff generated in the site's northeast quarter. What analysis has been done that leads to the conclusion that run-off quantities will not change as a result of the project? cod DOSS # LZSO4c IA1'u 69 : 8Q 176 'O 'Z T RESPONSE: As shown in Appendix D, Figure 3 of the EAW document, there will be no alteration to the ground surface outside of the perimeter berm and the current run-off patterns will not be altered. Run-off within the active mining area should filtrate or evaporate and will be maintained by perimeter berms. Run-off from the processing area will collect in the sedimentation pond and will be recycled for the process washing water. COMMENT: Item 16 states approximately 1%of the site exhibits peat soil conditions. Peat soils are generally indicative of wetland conditions. Item 10 does not list any wetland cover type acreage being present. National Wetland Inventory (NWI) maps should be consulted to ensure that no wetlands are involved in the project. RESPONSE: The National Wetlands Inventory (NWI) which is attached, indicates that there are no wetland types shown at the site. MINNESOTA POLLUTION CONTROL AGENCY (MPCA) November 18, 1994 COMMENT: Concerned with final end use plan of the mining site, the MPCA encourages the City of Shakopee to choose a final end use plan that will provide maximum protection for ground water. RESPONSE: Past and current owners of the site had intended final end use of the mining site to be used for industrial purposes. At this time the City of Shakopee has adequate land set aside for current and future industrial growth. The City of Shakopee has indicated that the final end use of the mining site and areas around the mining site would be more appropriately utilized for residential purposes. METROPOLITAN COUNCIL November 21, 1994 COMMENT: Item 13a indicates there is an existing well on the farmstead that will need to be abandoned. The farmstead area is scheduled to be mined in Phase 3. Council staff would like to re-emphasize the need to abandon the well according to State of Minnesota and City of Shakopee regulations. RESPONSE: All parties directly involved in the mining operations are aware of the well abandonment process according to State of Minnesota and the City of Shakopee regulations. CONL'v1ENT: The EAW states that temporary sedimentation ponds will be located in the excavation area and in the processing area. The pond in the process area will collect run-off from the process area as well as from the temporary haul roads. All temporary and permanent sedimentation basins should be designed according to National Urban Runoff Program (NUR?) standard or similar criteria, if run-off is to be released from the basin. CO r 3OSSV InISO * rnr'-69 : 90 i' S 'OC '31 RESPONSE: There will be no direct run-off from the sedimentation pond located in the processing area. The sedimentation pond will be maintained by periodic dredging to remove build-up of fine silty materials. The materials dredged from the pond will be used for on-site restoration. Remaining silt at the bottom of the pond will act as a lining to inhibit the water from infiltration into the ground and will allow for more effective reuse and recycling of the water. All basins will be designed in accordance with NURP standards. COMIv>ENT: The EAW states that most of the rainfall on the site filters into the soil or evaporates in natural ponds. If run-off is to be released from the basins, the detention ponds should be designed to NURP standards or similar criteria. The EAW states that run-off from the northern side of the site flows into Deans Lake. Deans Lake is a Department of Natural Resources protected water. Run-off should be pre-settled before being discharged into Deans Lake. RESPONSE: As previously discussed,run-off from outside the perimeter berm will not be altered from its present course. As Deans Lake is approximately one-mile from the mining operation, and due to the permeability of the soils in the area, it is likely that the majority of run-off will filtrate at the site or between the site and Deans Lake. COMMENT: The EAW notes that the mining activities will occur in an area that has a high infiltration rate and thus is susceptible to groundwater contamination. It should be further noted that this is a major recharge area for the Jordan aquifer, the region's principal aquifer, which makes the possibility of,an accidental release of fuel or oil from equipment operating in the mining area. The City should work with the project proposer to develop a workable contingency plan to handle emergency spills. This is particularly important because the proposer is intending to deepen the existing excavation, reducing intervening layer so material and increasing the serious nature of any spill. RESPONSE:Fischer Aggregates verified that all facilities are required to have a contingency plan for all emergencies. H:IENVR\MEDULLICOMM v0a OOSSV WSO * rni•d6S : 80 176 'OC "3i '7 ',--;."---..--:=7-,17---77er- - iiiii . •. • • '-.---;A 7-231 . (.... ..,.. I. , rid •J '11- \ a p tz �Ptwr . �' �. loo wirer Tan `- / • j'�� , " a� r ‘c P39C V •�` �- Co Witt vpvlrSJ •e wi • 1 iS ' '.. .. .-1% ks t--...f"7. . ,. c . - 1 `` Ail s4a Tai) /�.• jh r r .-i v PC C Qin is(0� tl 1,�jw, �� • (:♦. ' .. .L r, ta _._„ +�•_ \ . PEW. ►1 -� � tJ�o 1 �, � •Ric � ti., I -� y VAC 1- P` C • -N41I I `� CZ i V :11 eh .\ . i , `r. )rf % ,1 t :)k.y. ? 0. • - kyr. _1 �x. , • ! .1tt.e* ci141 \.),, e. is s" I. ._ , '‘/•4_,4.4 411111W` NM%t. \ �- ;• \r. ,..„...,..,..\„,/ � .t t AFM L f,i \ 411 `st� • INN ., • t, r•1\- . A G \, L E C '>� 1 7 --- -_i___ - s � I6 , ...� - - - -�,1 1 . Jr -p "• 3 Q —, . ems - VP 1 ��'(, Z fes`-?�•`� r 1 • Nl f I _,___ Pf1rIC Sr 4 . \\ \ .. ( .: ::4S&-1.51s1 a 1.-"1Yld`�'a : slf d50 ,I \, �� • �-•-.o:.;:Tf • _--.pt•l•. '=:-y/d ...11,4„ *-\&` Drcwn Sy: Drawing Title Comm. No. Schelen ATTACHMENT M ns cciaiea Inc. NATIONAL WETLANDS INVENTORY DateCIFig. No. tr.en••r••ArotIt•cts. PI•an.re • surveyors M,6P 3$0 P•.1 n••.C•211#1.•ITS T•r••w s.•I•...e FISCHER AGGREGATES INC. • - 1130•••,4118.XN 44414•1ttl •arl•a,•e•nf I SOd OOSS!! 1.4SO Ti\iv' O2 : I I 1' 6 'G I '2 I CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: 1995 Fee Resolution DATE: December 16, 1994 INTRODUCTION: Attached is the fee resolution for 1995, for Council consideration. BACKGROUND: For the most part, fees are being increased approximately 4%. This is in follow-up to Council direction during the Committee of the Whole meeting on the 1995 budget held on August 25, 1994 . Exceptions are as follows: 1] Cigarette licenses are increased from $15. 00 to $20. 00 per year. This is more in line with what other cities are charging and will more accurately cover City cost. 2] Liquor and beer license fees are not being increased at this time. A public hearing will be scheduled for next spring to consider an increase (prior to the July 1st renewals) . 3 ] A fee is being added for review of an application to the State for a currency exchange license to help defray publication costs and staff time. 4] No increases is proposed for the Minnesota Home Finance Agency rental rehab grant application fees. This was implemented when the City had a housing inspector to help provide funds for repairs. No applications were ever received. 5] Scavenger fees are being deleted. Scavengers no longer dump in Shakopee, but are suppose to dump at Blue Lake. 6] No increases were made for electrical permits. Staff recommends continuing to use the State fee schedule. 7] Building permit fees have been increased as set forth in the 1994 Uniform Building Code. The Uniform Building Code has not been changed since 1988. The State did not increase grading plan review fees or grading permit fees. 8] Staff is not proposing an increase in fees for plumbing permits and heating and air conditioning because they were increased within the last year or two AND because of the substantial increases in the building permit fees. We may want to look at increasing the plumbing and heating permits in the next year or two. 9] Housing code certificate of occupancy fees have been deleted since we have eliminated the housing code inspector. 10] The sanitary sewer service charges included in the fee resolution are: $8 . 00/month, $1.74/1, 000 gal and $16. 70/mo for unmetered. If this is changed during discussion under another agenda item, the resolution should be amended. 11] Refuse/recycling collection rates are unchanged. The recent three year contract extension with Waste Management had no increase, except when landfill charges go up. 12] A fee is being added by the City Attorney for title review in the amount of $100. 00. 13] Storm water drainage utility is being increased per earlier Council direction. 14] Recommendations made by the Planning Director have been incorporated into the fee resolution, see attached memo, with one exception. The Planning Director is recommending adding a site plan review fee. This has been discussed before and Council has not chosen to implement this fee. If Council desires to add this fee to the fee resolution, staff should be directed to include the Planning Director's recommendation. 15] Dog licenses and impounding fees have not been increased for some time. The Chief of Police is recommending substantial increases. 16] For recreation fees, staff is focusing increases on adult team sports and non-residents. The overall increase in recreation department revenues as a result should equate to approximately 4%. The Park & Recreation Advisory Board is expected to formally act on the recommended increases at their meeting on Monday night. Any changes from those contained in the fee resolution, will be placed on the table. ALTERNATIVES: 1] Adopt fees as proposed 2] Amend fees as proposed RECOMMENDATION: Make any desired amendments and adopt the fee resolution. RECOMMENDED ACTION: Adopt Resolution No. 4143 , A Resolution Setting Fees For City Licenses, Permits, Services And Documents, and move its adoption. MEMOFEES. -95 MEMO TO: Dennis R. Kraft FROM: Lindberg S. Ekola, Planning Director RE: 1995 Planning Department Fee Schedule Update DATE: November 21, 1994 INTRODUCTION: This memo is in response to your request for a staff recommendation concerning amendments to the fee schedule for Planning Department activities. BACKGROUND: Attachment 1 is a copy of the 1994 Planning Department fee schedule. The fee schedule is organized into the following four parts: 1. Information/Document Fees 2. Comprehensive Plan Amendment Administration Fees 3. Land Division Administration Fees 4. Land Use Administration Fees DISCUSSION: Since there was a thorough update to the Planning Department fee schedule in 1992, the following proposed changes reflect minor increases to keep the City current with other area cities. In some areas, staff is recommending an increase where significant time is being expended on project review. Staff would note that the AMM bi-annual survey of fees will be available in 1995. We will review the fees in greater detail with that information. I. Information/Document Fees The "City Codes" section needs some minor revisions. The line regarding the sale of the entire City Code should be moved to another department since we only stock the chapters from the City Code relating to Planning. This suggestion was pointed out by the City Attorney. With the incorporation of the Sign Regulations in to Chapter 11, I have suggested an edit to clarify this as well.. RECOMMENDATION -Due to increased volume of regulations and copying costs, staff recommends the following charges: Zoning Ordinance $25.00 Sign Regulations (Part of Chapter 11) 5.00 Subdivision Regulations 15.00 1 Under the "Maps" section, it may be appropriate to move some of the maps to Engineering since they produce the topography and Auto Chart maps. H. Comprehensive Plan Amendment Fee- No changes proposed. III. Land Division Administration Fees Major Subdivisions -New RECOMMENDATION- The City Attorney is recommending the adding of a Title Review fee ($100) for major subdivision plats. Vacations - Increase The amount of staff time consumed by applications for the vacation of rights-of-way have been considerably higher than those for the vacating of public easements. The recent alley vacation requests have been significant staff time burners. RECOMMENDATION - Staff is recommending the fee for vacations for rights-of- way be raised from $100 to $200. IV. Land Use Administration Fee Planned Unit Development -Revise/Increase RECOMMENDATION- with the adoption of the new Zoning Ordinance, the preliminary and final PUD processes have been merged into one step. The fees need to be combined. Staff is recommending the amendment fee be raised from $200 to $300 to better reflect the potential staff time involved. Zoning Ordinance Text Amendment -New Over the past three to four years, staff processed several Zoning Ordinance text amendments in order to accommodate development needs. No fees were collected and considerable staff time was spent on each text amendment. The Zoning Ordinance allows an affected property owner to apply for a text amendment. Although not all cities charge for text amendments, several require a fee. The following lists identifies some of these cities and their text amendment fees: Apple Valley ($350), Bloomington ($1000), Maple Grove ($125), Prior Lake ($50). RECOMMENDATION - Staff recommends that a $500 fee be charged for Zoning Ordinance text amendments not initiated by the Planning Commission of the City Council. 2 Building Permit Site Plan Review Fees -New Planning staff spends a considerable amount of time reviewing site plans for the building permit process to review for a projects compliance with the Zoning Ordinance. Although several process improvements for reviewing building permits have been implemented over the past several years, the amount of Planning staff time consumed by on building permits is significant especially on the smaller projects where no survey information exists. In 1994, the Planning Department will expend over$10,000 on staff on reviewing building permits. Some cities have established a site plan review process for projects prior to the building permit process. The Zoning Ordinance regulations guide the general design of a project and need to be closely reviewed early in the permit process. Typically, cities require site plan approval for more complex projects such as commercial, industrial and multi-family residential projects. If a flat fee were charged on each building permit, a portion of the Planning staff costs could be paid for by the development community. Currently, the funding source for Planning staff time is the General Fund. Below is a list of building permit types, number of cases in 1993, a suggested and total revenue generated: Type Number Fee Revenue SF Res. 145 $ 25 3625 MF Res. 15 50 750 Res. Additions 81 10 810 Garages/Acc. Blds. 41 10 410 Fences 20 10 200 Commercial 4 100 400 Com. Additions 5 50 250 Industrial 2 100 200 Ind. Additions 3 50 150 Total $6795 RECOMMENDATION- Staff recommends the addition of a Planning Review fee for building permits as stated in the above table. Planning Administration Costs -Revise RECOMMENDATION- Due to staffing changes, we recommend that the hourly rate for the Planning staff be revised as shown in the attached marked up fee schedule copy. 3 ALTERNATIVES: 1. Approve the recommended 1995 Planning Department Fee Schedule. 2. Modify and approve the 1995 Planning Department Fee Schedule. 3. Retain the same fee schedule from 1994. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: Offer a motion to incorporate the recommended changes to the 1995 Planning Department Fee Schedule, and move its adoption. {f:\...\aggie\planning\l 121 memo.cc) 4 RESOLUTION NO. 4143 A RESOLUTION SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENTS BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Fee Schedule dated January 1, 1995, attached hereto and made a part hereof is hereby approved and adopted in its entirety. BE IT FURTHER RESOLVED, that the Fee Schedule attached shall become effective on January 1, 1995, unless indicated otherwise therein, and Resolution No. 4143 and all other resolutions inconsistent herewith shall be repealed effective January 1, 1994 . Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 20th day of December , 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Adopted: 12/20/94 Res. No.4143 FEE SCHEDULE Shakopee, Minnesota January 1, 1995 Fees are listed by department and are to be updated annually. CITY CLERK/Misc. Business Licenses FEES Commercial/Industrial/Mortgage Revenue Bond Fees 1 . Application fee for Commercial/Industrial/ 1/10th of 1% of Mortgage Revenue Bonds amount issued with a $2, 500 00 .minimum and a $6, 000 nax. 2 . Legal expenses as billed in addition to above 3 . Application fee for refinancing Commercial/ 1/20th of 1% of Industrial/Mortgage Revenue Bonds amount issued with a $1, 250 € ': minimum and ......................:.......... $3, 000 a...gan$480aximum. ......................... .......................... 4 . Legal expenses for refinancing as billed in addition to above Tax Increment Financing Fees (Authorized by Res . 3221) Application fee for Tax Increment Financing 5, 000 . 00 ap4a0z0a Movies and Theaters (Authorized by City Code 6 .42) 1 . Annual fee for showing 16 mm films $ 25 . 00 mom 2 . Annual fee for showing 35 mm films (or larger) 100 . 00. 1'R # ...... . 3 . Annual fee for conducting theatrical play(s) 25 . 00 giggad etty. : 04t.�.;:.::t�.�.::: :�.�: :e:::: €��:.;:.; ::.;:<Au.�.reg.�. :::::�.R.� . ................................:.:::::::::::::::::::::::::::.�:::::::::::::::::::::::::::.:::::::.�...............:.�. Ccavengcr3 (Dumping or discharge of waste) (Authorized by City Codc C .43) $ . 98/1, 000 gallons or any part thereof plus $5 . 00 per billing No permit nor fcc shall be required for pumping and Gambling/Bingo/Raffles Licensed through State Gambling Board, no City fees . Minnesota Home Finance Agency Rental Rehab Grant Application Fees (Authorized by Res . #3181) 1-4 Units $150 . 00 5-8 Units 185.00 - 290.00 9-16 Units 325.00 - 570.00 17-24 Units 605.00 - 850.00 25 or more 885.00 plus $35 for each unit in excess of 25 License for the Sale of Beer, Liquor, Wine, Set-up License, Liquor License, Club License and Temporary Beer License (Authorized by City Code 5 . 06) 1 . Annual fee for On Sale Beer License 312 . 00 2 . Annual fee for Off Sale Beer License 100 . 00 3 . Temporary Beer License 15 . 00 4 . Annual fee for Set Up License 125 . 00 5 . Annual fee for On Sale Wine License 1/2 of On Sale Liquor or $2, 000 whichever is less 6 . Annual fee for On Sale Club License 300 . 00 7 . Annual fee for Sunday Liquor License 200 . 00 8 . Annual fee for Off Sale Liquor License 150 . 00 9 . Application and Investigation fee for Off Sale Liquor License, On Sale Liquor License, or Wine License a) If investigation within Minn. 330 . 00 b) If investigation outside Minn. City expenses up to $10, 000 with $1, 100 deposit 10 . Annual fee for On Sale Liquor License: Customer Used Floor Area Under 1, 000 3 , 705 . 00 1, 000 - 1, 999 4, 390 . 00 2, 000 - 2, 999 5, 080 . 00 3 , 000 - 3, 999 5, 765 . 00 4, 000 - 4, 999 6,445 . 00 5, 000 - 5, 999 7, 140 . 00 6, 000 - 6, 999 7, 820 . 00 7, 000 - 7, 999 8, 510 . 00 8, 000 - 8, 999 9, 195 . 00 9, 000 - 9, 999 9, 875 . 00 Over 10, 000 10, 570 . 00 Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a $5 . 00 application fee) Peddlers (Authorized by City Code 6 .21) 1 . Weekly License Fee 25 . 00D O 2 . Annual License Fee 150 . 00 16 Q ....................... 3 . Six Month License Fee 100 . 00W't Taxicabs and Drivers (Authorized by City Code 6 .22) 1 . Annual fee 250 . 00 MONO 2 . Annual taxicab driver' s license fee 25 . 00 3 . Annual fee for each vehicle 15 . 00 Tobacco (Authorized by City Code 6 . 23) 1. Annual fee for Tobacco License 15 . 00x; € ................. ................... ................. Show, Non-Transient Theme Parks, Amusement Parks, etc. (Authorized by City Code 6 .24) 1. Annual license fee equaling the number of rides x $45 . 00 15 . 00 O,Q /ride 2 . Show without rides 75 . 00 $..............$ .... .................. .................. 3 . Non-Transient Theme Parks As per agreement Outdoor Performance Center (Authorized by City Code 6 .42B) ...................... ...................... 1 . Annual license fee 500 . 00 '':': Massage Center (Authorized by City Code 6 .40) 1 . Annual License Fee Oggliti ...................... ...................... 2 . Initial license requires one time investigation fee 330 . 00 $ $ `G ..................... ...................... 3 . Investigation fee for each new employee 50 . 00 Masseur and Masseuse License Fee (Authorized by City Code 6 .41) 1 . Annual registration fee 100 . 00 M05.0 2 . Investigation fee 50 . 00 . $$W00 Pawnshops, Precious Metal Dealers, and Secondhand Dealers (authorized by City Code 6 . 28) 1 . Annual License Fee $01P00 2 . Initial license requires one time investigation fee $330 . 00 $$x S Qx1 3 . Investigation fee for each new employee $ 50 . 00 x;; ; x ' Tattooing License (authorized by City Code 6 . 51) 1 . Annual License Fee $300 . 00 4gugmg 2 . Initial license requires one time investigation fee $330 . 00 0248a0 3 . Investigation fee for each new employee $ 50 . 00 qn8W00 25 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days : a. Non-profit organizations within corporate limits of City of Shakopee 0 . 00 .......................... b. Other non-profit organizations 200 . 00 20SUMNior .......................... ......................... 15% of gross ticket sales whichever is greater ....................... c . Profit making organizations 200 . 00 =Ma or 15% of gross tic1eE"'sales whichever is greater Service Charge for Returned Checks Hereby set as follows : 1 . Service charge for each check returned 15 . 00 9 BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection (Authorized by City Code 4 . 05) 1 . Payment of Fees : fees are due and payable to the City of Shakopee at or before commencement of the installation and shall be forwarded to the City of Shakopee. An additional $ . 50 State Surcharge must accompany each permit 2 . Schedule. City electrical inspection fees shall be paid according to the following schedule. 3 . Fee for each separate inspection. The minimum fee for each separate inspection of an installation, replacement, alteration, or repair limited to one inspection only is $15 . 00 . 4 . Fee for services or power supply units . The inspection fee for each service, change of service, temporary service, power supply unit, addition, alteration, or repair to a service or power supply unit shall be 0- to and including 200-ampere capacity, $15 . 00; for each additional 100-ampere capacity or fraction thereof, $5 . 00 . A separate request for electrical inspection shall be filed for temporary services . 5 . Fee for circuits or feeders. The fee for each circuit or feeder, or addition, alteration, or repair of such circuit or feeder including the equipment served, and including circuits fed from feeders, except as provided for in No. 6, items A to K shall be : A. 0- to and including 100-ampere capacity, $4 . 00 B. For each additional 100-ampere capacity or fraction thereof, $2 . 00 6 . Limitations and additions to the fees listed in No. 3 through 5 above. A. The fee for a single-family dwelling, shall not exceed $55 . 00 if the electrical service is not over 200-ampere capacity. This fee includes not more than three inspections. The fee for a single family dwelling over 200- to and including 400-ampere capacity shall not exceed $100 . 00 . This fee includes not more than four inspections. These fees shall apply to each separate service, and include the service, feeders, circuits, fixtures, and equipment . The fee for additional inspections shall be the reinspection fee in No. 8 . Multifamily dwellings with individual services to each unit are computed at the single family dwelling rate. B. The fee for each farm building or farm structure with a service not over 200-ampere capacity shall not exceed $55 . 00 . The fee includes not more than three inspections. The fee for each building or structure with a service over 200- to and including 400-ampere capacity shall not exceed $100 . 00 . The fee includes not more than four inspections . These fees include the services, feeders, circuits, fixtures, and equipment . The fee for additional inspections shall be the reinspection fee in No. 8 . Pole-top current metering and pole-top disconnecting means on the farm yard pole are exempt from inspection and inspection fees . C. The fee for each unit of a multifamily dwelling having three to six dwelling units shall not exceed $30 . 00 . The fee for each multifamily dwelling exceeding six units shall not exceed $20 . 00 per dwelling unit . This fee includes only the wiring in an individual dwelling unit and the final feeder to that unit . The fee for the service and all other circuits shall be as specified in No. 3 to 5, except that the fee for each house panel shall not exceed $55 . 00 . A separate request for electrical inspection is required for each building. The fee for a two-unit dwelling or duplex shall be the same as for two single-family dwellings . D. Recreational vehicle parks fees shall be in accordance with No. 3 to 5 . E. The fee for mobile home park stalls shall be $6 . 00 per unit stall exclusive of the feeder to the mobile home with a minimum fee of $15 . 00 per inspection trip. The fee for permanently intalled feeders shall be in accordance with No. 5 . F. In addition to the above fees, the fee for each street lighting standard shall be $1 . 00 and the fee for each traffic signal standard shall be $2 . 00 . Circuits originating within the standard shall not be used when computing the fee. G. In addition to the above fees, the fees for all transformers and generators for light, heat, and power shall be $5 . 00 per unit plus $3 . 00 per ten-kilovolt-amperes or fraction thereof . The maximum fee for a transformer or generator in this category is $40 . 00 . H. In addition to the above fees, the inspection fees for transformers for signs and outline lighting shall be $5 . 00 per unit . I . In addition to the above fees, unless included in the maximum fee, the inspection fee for remote control, signal, alarm or communication circuits and circuits of less than 50 volts shall be $5 . 00 per each ten openings or devices of each system plus $2 . 00 for each additional ten or fraction thereof, with a minimum fee of $15 . 00 per inspection trip. J. In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be $15 . 00 . Reinforcinig steel and bonding for swimming pools requires a rough-in inspection. K. In addition to the above fees, the fee for all wiring on center pivot irrigation booms shall be $30 . 00 . The fees for all other wiring for the irrigation system shall be as otherwise specified in this part . 7 . Investigation Fees : Work without a request for electrical inspection. A. Whenever any work for which a request for electrical inspection is required by the board <trhas begun without first obtaining the request for inspectiori ....a special investigation shall be made before a request for electrical inspection is accepted by the board. Cit4v B. An investigation fee, in addition to the full fee required by No. 2 to 6, shall be paid before an inspection is made. The investigation fee shall be equal to the amount of the fee required by No. 2 to 6 . The payment of the investigation fee does not exempt any person from compliance with all other providions of the board rules or statutes nor from any penalty prescribed by law. 8 . Reinspection fee. When reinspection is necessary to determine whether unsafe conditions have been corrected and the conditions are not the subject of an appeal pending before the board or any court, a reinspection fee of $15 . 00, may be assessed in writing by the inspector. 9 . Special inspection. For inspections not covered herein, or for requested special inspections or services, the fee shall be $23 . 00 per hour, including travel time, plus 24 cents per mile traveled, plus the reasonable cost of equipment or material consumed. This provision is applicable to inspection of empty conduits and other jobs as may be determined by the board. 10 . Inspection of transient projects. For inspection of transient projects, including but not limited to carnivals and circuses, the inspection fees shall be as specified herein. The fee for inspection of power supply units shall be that fee specified in No. 4 . A like fee will be required for power supply units at each engagement during the season. Rides, devices, or concessions shall be inspected at their first appearance of the season, and the inspection fee shall be $15 . 00 per unit . In addition to the fee for the power supply units, there shall be a general inspection of each engagement during the season at the hourly rate, with a two-hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time . An owner of a migratory amusement enterprise shall notify the City of its season itinerary and make application for initial inspection a minimum of 14 days before its first engagement in the City . For subsequent engagements not listed on the itinerary sent to the City, where the City is not notified at least 48 hours in advance, a charge of $100 . 00 will be made in addition to all required fees . Also a fee at the hourly rate will be charged for additional time spent by the inspector if the equipment is not ready for inspection at the time and date specified on the request for electrical inspection. The fee for reinspection of corrections is $15 . 00 for each reinspection. Plumbing Permits (Authorized by City Code 4 . 05) 1 . Alterations and Repairs - Minimum Fee 16 . 00 + $ . 50 State Surcharge Tax 2 . New Construction Residential - Minimum Fee 36 . 00 + $ . 50 State Surcharge Tax Commercial - Minimum Fee 60 . 00 + $ . 50 State Surcharge Tax 3 . Residential Plumbing Permit Fees All fixtures listed below will be figured at 6 . 00/each Water Closet Water Softener +$ . 50 State Lavatory (Basin) Bathtub Surcharge Tax Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer-Standpipe Permit fees for rough-ins for future bathrooms will be $5 . 00 per fixture . + $ . 50 State Surcharge Tax 4 . Replacements Only Water Heater - Gas 16 . 00 + $.50 State Surcharge Fee Water Softeners - New or replacement in other than homes under construction (installer must be licensed by the State Board of Health 16 . 00 + $.50 State Surcharge Fee 5 . Commercial Plumbing Permit Fees Water Closet, Lavatory (Basin) , Urinal, Individual Shower 7. 00 Shower - Gang Type - Per Head 5 . 20 Drinking Fountain 7 . 00 Dental Unit 13 . 00 Sink - Service or Mop 7 . 00 Flat rim, bar, counter, laboratory 9 . 50 Pot or Skullery 9 . 50 Clothes Washer - First five units or less 19 . 00 Each additional unit 4 . 00 Floor Drain - 2 inch 7 . 00 3 and 4 inch 8 . 50 Catch Basin 9 . 50 Sewage Ejector 13 . 00 Sumps and Receiving Tanks 13 . 00 Water Softeners 19 . 00 Water Heater - Gas - Replacement Only 25 . 00 Commercial plumbing permits to be figured by the above fixture schedule but at the same time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1 .270 of the contract price, whichever is greater. 6 . Sewer and Water Connection Sewer Connection 20 . 00 +$ .50 State Surcharge Fee Water Connection 20 . 00 +$ . 50 State Surcharge Fee Combination Sewer & Water Connection 30 . 00 +$.50 State Surcharge Fee Sign Permit Fees (Authorized by City Code 4 . 30) Permanent $30 + $ . 50/sq. ft . +State Surcharge Fee Temporary $25 . 00 +State Surcharge Fee Building Permit Fees (Authorized by City Code 4 . 05) Building Value Fees $1 . 00 to 500 . 00 $15 . 00$21V00 501 . 00 to 2, 000 . 00 $15 . 00$210# for the first 500 . 00 plus 2 . 002gi7S-for each additional 100 . 00 or traction thereof, including 2, 000 . 00 2, 001 . 00 to 25, 000 . 00 $45 . 0442216 for the first 2, 000 . 00 plus 4=0-412051rfor each additional 1, 000 . 00 or fraction thereof, to and including 25, 000 . 00 25, 001 . 00 to 50, 000 . 00 $252 . 0041400t for the first 25, 000 . 00 plus .6 . 509MAQ for each additional 1, 000 . 00 or fraction thereof, to and including 50, 000 . 00 50, 001 . 00 to 100, 000 . 00$414 . 501$74228 for the first 50, 000 . 00 plus 1 . 50$.224for each additional 1, 000 . 00 or fracion thereof, to and including 100, 000 . 00 100, 001 . 00 to 500, 000 . 00039 . 50$001140 for the first 100, 000 . 00 plus 3 . 505gMONfOr each additional 1, 000 . 00 or fradfion thereof, to and including 500, 000 . 00 500, 001. 00 to 1, 000, 000 . 00$2, 039 . 50 $005014$ for the first 500, 000 . 00 plus 3 . 004U2$ for each additional 1, 000 . 00 or fraction thereof, to and including ci 1, 000, 000 . 00 1, 000, 001 . 00 and up $3, 539 . 50< '„€< 2 for the first 1, 000, 000 . 00 :.:................................ plus 2 . 002. ' € for each additional 1, 000 . 00 or fraction thereof Other Inspections Inspections outside of normal business hours (minimum charge - two hours) 10 . 000M/hr. Reinspection fees assessed under provisions of Section 305 (g) of the State Uniform Building Code10 .0-4 "t /hr. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) 10 . 0042; /hr. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) 10 . 00 ` s /hr. Plan Check Fee: Single Family, Multi-Family Dwellings, Commercial and Industrial Projects 65% of permit fee A non-refundable plan review fee shall be paid at the time of submitting plans and specifications for review. State Surcharge : Building Permits (These fees forwarded to the State Treasurer) Less than $1, 000 $ . 50 $1, 000, 000 or less . 0005 x valuation $1, 000, 000 to $2, 000, 000 $ 500 + . 0004 x (Value - $1, 000, 000) $2, 000, 000 to $3, 000, 000 $ 900 + . 0003 x (Value - $2, 000, 000) $3 , 000, 000 to $4, 000, 000 $1200 + . 0002 x (Value - $3, 000, 000) $4, 000, 000 to $5, 000, 000 $1400 + . 0001 x (Value - $4, 000, 000) Greater than $5, 000, 000 $1500 + . 00005 x (Value - $5, 000, 000) State Surcharge : Plumbing, Heating and Electrical Permits Permit fee less than $1, 000 $ . 50 Permit fee more than $1, 000 Fee x . 0005 Certificate of Occupancy (Authorized by Res. No. 2604) Commercial/Industrial - . 005 times the value of the project, or $500 . 00, whichever is greater Residential - . 005 times the value of the project with a $500 . 00 maximum 10 90% of the fee shall be refunded when a final certificate of occupancy is issued. Fast Tracking Issuance of Building Permits (Authorized by Res. #2604) Fast tracking building permit process - City expenses up to 100% of building permit fee with a 30% deposit Grading Plan Review Fees 50 cubic yards or less No fee 51 to 100 cubic yards 15 . 00 101 to 1000 cubic yards 22 . 50 1001 to 10, 000 cubic yards 30 . 00 10, 001 to 100, 000 cubic yards - 30 . 00 for the first 10, 000 cubic yards, plus 15 . 00 for each additional 10, 000 cubic yards or fraction thereof . 100, 001 to 200, 000 cubic yards - 165 . 00 for the first 100, 000 cubic yards, plus 9 . 00 for each additional 10, 000 cubic yards or fraction thereof . 200, 001 cubic yards or more - 255 . 00 for the first 200, 000 cubic yards, plus 4 . 50 for each additional 10, 000 cubic yards or fraction thereof . Grading Permit Fees 50 cubic yards or less 15 . 00 51 to 100 cubic yards 22 .50 101 to 1000 cubic yards - 22 . 50 for the first 100 cubic yards plus 10 . 50 for each additional 100 cubic yards or fraction thereof. 1001 to 10, 000 cubic yards - 117 . 00 for the first 1, 000 cubic yards, plus 9 . 00 for each additional 1, 000 cubic yards or fraction thereof. 10, 001 to 100, 000 cubic yards - 198 . 00 for the first 10, 000 cubic yards, plus 40 . 50 for each additional 10, 000 cubic yards or fraction thereof . 100, 001 cubic yards or more - 562 . 50 for the first 100, 000 cubic yards, plus 22 . 50 for each additional 10, 000 cubic yards or fraction thereof . Moving Permit 50 . 00 Fire Protection Equipment hereby set as follows : Sprinkler Systems shall be computed at $15 . 00 for the first 10 heads and $4 .50 for each additional 10 heads or part thereof, and $25 . 00 per 11 hour fee for plan check plus State Surcharge. Repair and miscellaneous work shall be computed at 1.27% of the contract price plus State Surcharge. Individual On Site Sewer Permits hereby set as follows : Residential : 50 . 00 Commercial : 1 .27% of Contract Amount Heating, Air Conditioning, Refrigeration, and Ventilation Permits hereby set as follows : Minimum Fee 16 . 00 + $ . 50 State Surcharge Single Family Residence 40 . 00 + $ . 50 State Surcharge Central Air Conditioning (at the time 6 . 00 of new construction) + $ . 50 State Surcharge Commercial fee shall be computed at 1 .27% of the contract plus State Surcharge. Tank & Piping Permits hereby set as follows: Underground fuel storage tanks and piping permit fee to be 1 .27% of contract plus State Surcharge. Lawn Sprinkler Systems - Residential 30 . 00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) 30 . 00 Gas Piping Permits hereby set as follows : Minimum Fee 16 . 00 + $ . 50 State Surcharge ....................... Residential - Each fixture or applicance 2 . 50=8:440 + $ . 50 State Surcharge Alterations and Repairs - Minimum Fee COMOIJOAAMtgomAIMUMbonvomputmduAtamanmpfgMhomopotwootA0matRAM ........... ............. ...................................... ..................................... Where the gas piping is divided between two contractors such as the Heating Contractor installing the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each contractor shall take out a permit . IIousina Codc Certificate of Occupancy Fcca (Authorized by Ordinance No. 2G1) CLASS 1 : 1 3 unit3 rental Duc every five years 1:4)- Initial in3pcction 40 . 00 lat Rcinapcction 00 . 00 Each additional inspection thereafter 30 . 00 Dcduct $10. 00 for each Ccction 8 unit . CLACC 2 : 11 units rcntal Duc cvcry thrcc years Initial each building 50 . 00 5 . 00 per unit ovcr thrcc tat Rcinapcction 00 . 00 Each additional inspection thcrcaftcr 50 . 00 Waivc $5 . 00 unit chargc for cvcry Ccction 8 unit, and dcduct $10 . 00 from initial fcc per building if it contains any Ccction 8 units . If cntirc building is Ccction 8, thcn fcc i3 $10 . 00 maximum. CLASS 3 : Commcrcial plus rc3idcntial rcntal Duc cvcry thrcc years Initial each building 50 . 00 5 . 00 per unit 1st Rcinapcction 00 . 00 Each additional in3pcction thcrcaftcr 40 . 00 Waivc $5 . 00 unit chargc for cvcry Ccction 8 unit, and dccuct $10 . 00 from initial fcc per building if it contains any Scction 8 units . Transfers : Any action certificate may be tra efcrrcoanew owncr for a fcc of $10 . 00 . An owncr may apply for a new certificate at any timc for thc full amount of thc appropriate fcc listed above. Appeal Fees Appeal to Building Code Board of Adjustment and Appeals$85 . 00041110 Appeal to Housing Advisory and Appeals Board $85 . 0000 Appeal to City Council 4§tkbd Standard Service Availability Charge (SAC) Units for Various Commercial, Public, and Institutional Facilities will be applied as Mandated by MWCC. (These fees forwarded to MWCC) Residential SAC Charge (Mandated by MWCC) (These fees forwarded to MWCC) Residential $800'. $ /unit Water Availability Charge (WAC) (These fees forwarded to SPUC) Fees are set by SPUC by resolution. ADMINISTRATION/FINANCE - hereby set as follows: Office Charges hereby set as follows : Y .J 1 . Assessment Searches $10 . 0042MWOO 2 . Partial Release of Developers Agreement $10 . 00 '€ Q 3 . Copy fee General Public .20 Other governmental/non-profit public service . 07 Sewer Service Charges (Authorized by City Code 3 . 02) 1. Quartcrly moitaily service charge 12 . 00 $80:0 2 . For every 1, 000 gallons or part thereof of metered .................. ................... flow or water usage 1 .42 x' 3 . Charge for unmetered residential water accounts or new accounts 11 . 10Q/month POLICE/FIRE Report Copies hereby set as follows : 1 . Up to 10 pages 10 . 00 ............... 2 . 11 and over pages 1,04 � Q/ea. 3 . Taped Statements (audio) 10 . 00 4 . Taped Statements (video) 30 . 003W*0 5 . State Accident Reports 5. 00 6 . Drivers License Printout 41- 9-4g6Vititi ................. ................................. 7 . Computer Researched Reports 30 . 00 a4W0gIgt hour (does not include duplication costs) 15 . 00 00wA for every hour thereafter 8 . Police Reports from City Attorney 10 . 00 Towing and Impounding of Vehicles hereby set as follows : Towing and impounding is done by a private contractor having appropriate impounding facilities. Fees are set by contractor. Dog Licenses, Impounding Fees, etc. (Authorized by City Code 10 .21) .................. 1: Dog Licenses (good for the life of the dog) 0OWOO ............... 2 . Duplicate license 0 gmact .................. .+.�..�........(.�...).!.�..; 3 . First impoundment 10 . 00 ONO 4 . Second impoundment 25 . 00 gidalb 5 . Third and successive impoundment within a 12-month period 50 . 00 X6.00 .................. ................... 6 . Amount charged per day when confined to the Pound 4 1€I.0 7 . In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, there :shall be an additional penalty of $5 . 00 4Q1;«:OW< O' ::.:.;:.�;,y:.;. �:.t;(;�:y.;�;:.;;:.;R:.;:................ .................. ................... 8 . Large animal impoundment 25 . 00 t': 9 . Large animal board per day 10 . 00 15 0 Large animals are defined as animals other than household pets ie; horses, cows, sheep. PUBLIC WORKS Equipment Rental hereby set as follows : (Minimum Rental Time 1 Hour. All drivable equipment rates include operator) .................. Caterpiller Grader (private) 88 . 00#:10;314/hour (State snow removal) 75 . 12'71 ,0 /hour Front end loader (Fiat-Allis) private 90 . 00 ':> /hour (State snow removal 2-1/2 yd. w/blower) 75.12'711':.; 30/hour .................. Front end loader (Case) private 90 . 00. 4540/hour (State snow removal 2-1/2 yd. w/o blower) 78 .3 3 x is> €M/hour Elgin street sweeper 82 . 00#,3'5, '; /hour Elgin sweeper (State contract-twice/yr) 58 . 305 3 /hour Roscue Side Broom 11 . 001.014/hour 2-1/2 ton dump truck (single) 55 . 005VMM/hour 2-1/2 ton dump truck w/plow 71 . 00'74:;:>0 /hour 5 ton dump truck (tandem) 71 . 00748 /hour 3/4 ton pickups (w/plow add 10 . 00) 11 . 00184/hour 5 ton tandem truck 2 w/plow 77 . 0011'4 /hour Water tanker/flusher 19 . 0054.MM/hour Trash compactor 38 . 001'x;;1= h/hour Mower tractor (turf type) Contract Rates Weed Mowing (rough) Contract Rates Asphalt roller (1-1/2 ton) 22 . 00 .41'#/hour Pull paver 28 . 001:31';1;;0:3 /hour Steamer (w/tender) 71 . 00'7 :< t1#, /hour Bobcat 55 . 005:7';+ t3 /hour 16 `£x;Raygo alley grader 39 . 004 *€ /hour Wood Chipper 11 . 0046,0 /hour Post hole digger (tractor mounted) 44 . 00 #: :: /hour (w/o tractor) 22 . 001 ':':a:y.y#/hour Power auger (hand held) 17 . 00 : 'r:::On/hour Sign replacement/installation 100 . 00`: :: :0 #/sign (w/o post less $10 . 00) Street sign installation in new subdivisions (per each sign pole) 250 . 00 t4t804 Sewer rodder 50 . 00 : :<+:::7# /hour Video sewers (w/cassette add $20 . 00/each) 100 . 00I: #'0/hour ...................... Sewer jet cleaning 100 . 00 `S Q/hour Vacuum Inductor 75 . 007?O /hour Barricades w/flashers 10. 00/barricade/day Barricades w/o flashers 7 . 50' `x #0/barricade/day Cones 2 . 00/cone/day Butuminous Street Repair 2 . 50/sq. ft . Asphalt or Cold Mix $30: : :: '0/ton Refuse/Recycling Collection Rates (Authorized by City Code 3 . 02) 1 . Urban Residence 30 gallon 12 . 80 60 gallon 13 . 66 Extra Service Coupon 2 . 50 Extra 60 gallon container 13 . 66 2 . Rural Residence 30 gallon 15 . 78 60 gallon 18 .47 90 gallon 20 . 08 Extra Service Coupon 2 . 50 * All rates include City billing, admin. and sales tax. 3 . Refuse/Recycling Collection License 100 . 00 105400Myr PLANNING - hereby set as follows: I . INFORMATION/DOCUMENT FEES ' ILong Range Planning Documents ::* Comprehensive Plan 50.00 �'� : ::'#;:'::`:1994.-1999 Capital Improvement Program 20.00 fluty Codes Chaptcr 4 Sign Rcgulation3 3 . 00 UgiChapter 11 Zoning Ordinance 20 . 00 ttabb 2Riiitligititer1IMMONgt§fialte§utitledwEMMEMEmgMMEMgMEMMgEMSM*0 AMNChapter 12 Subdivision Regulations 10 . 00 3mg0g Chapters 1 25 Entire City Code dUNAgenda/minutes (Annual) nummlvkCity Council Agenda 15 . 00 ___ gAMPlanning Commission Agenda 15 . 00 airCity Council Minutes 35 . 00 4VMPlanning Commission Minutes 35 . 00 DOMaps 1. City Map (small) 1. 00 Omcity Map (large) 3 . 00 3VMZoning (22"x34") 3 . 00 4vnAny Printed Maps (blueprint) 50/sq. ft . Topography Map3 30 . 00 Reproducible Map3 10 . 00/ca Auto Cad Plotted Map3 10 . 00/ a WEServices IvmZoning Verification Letter 20 . 00 g6446E II . COMPREHENSIVE PLAN AMENDMENT VEtt AmiNalor Amendment $1, 000 . 00 fiegiMinor Amendment 500 . 00 III . LAND DIVISION ADMINISTRATION FEES AZIMajor Subdivisions INNpreliminary Plat $330 + $6/lot or $200 + $4/acre, whichever is greater 2m:HPreliminary & Final Plat Concurrently Preliminary fee plus final fee 3gmFinal Plat 150 . 00 4MTWEIOMMVIWOrgEMMHMEMOMgMMeMMUMEEMNWMMWOMMTM44 B, Minor Subdivisions 1 :ALot Split/Lot Reassembly 100 . 00 OWRegistered Land Surveys 100 . 00 OVNVacations 1VOyacations of Public Easements aWyacations of Rights-of-Way 100 00 100 . 00 . 280400 oveieworkdiewowswiwveepagimailfiddipeparezakkimmeeiedifig ::..• WMPark Dedication Fees Refer to Section 12 . 07, Subd. 5 of the Shakopee City Code P$NWetlands Certificate of Exemption review process . 75 . 00 IV. LAND USE ADMINISTRATION EE ABIApplication for Appeal of City Administration Decision N4MAppeal to Board of Adjustment and Appeals 100 . 00 2wAppeal to City Council 100 . 00 WApplication for Variances kMISingle Family Residential 85 . 00 RinAll others 150 . 00 ftAppeal to City Council 85 . 00 dWApplication for Conditional Use Permit UMBome Occupations 100 . 00 RMOlome Occupation Renewals and Amendments 100 . 00 WggAll Other Conditional Use Permits 200 . 00 4+ All Other Renewals and Amendments 200 . 00 gMRAppeal to City Council 100 . 00 OVOlineral Extraction & Land Rehabilitation Permit 200 . 00 + $2, 500 cash deposit * + all administrative costs ** + all consultant fees *** ZONApplication for Planned Unit Development Prcliminary Dcvclopmcnt Plan $400 $20/acrc Final Dcvclopmcnt Plan $30 . 00 Prcliminary and Final rmagtted DevelopmentMUfilVPlan Concurrently 700 . 00 +35 . 00/acre Miiiii.Amendment to Final Planned Unit Plan200 . 003J0 + $1, 000 cash deposit * + all administrative costs ** + all consultant fees *** dMEApplication for Environmental Review NINDiscretionary Environmental Assessment Worksheet No fee 2+ Required Environmental Assessment Worksheet 1, 000 . 00 . : Required Environmental Impact Statement 4, 000 . 00 Zoning Ordinance Amendments 'x <Map Amendments ::::....Less than 2 . 5 acres 250 . 00 Greater than 2 . 5 acres 500 . 00 agR Additional Notices - Applies to all types of applications tif: Rezoning Applications : Per Published Notice, in excess one published notices for each of two hearings 25 . 00 Per Mailed Notice, in excess of 100 notices for each of two hearings 1 . 50 [All Other Applications Per Published Notice, in excess one published notice for one hearing 25 . 00 Per Mailed Notice, in excess of 100 notices for one hearing 1 . 50 NOTES FOR THE PLANNING DEPARTMENT FEE SCHEDULE * Cash Deposits - Actions requiring cash deposits must be paid at the time of the application submittal . Cash deposits are held by the City to ensure adequate payment . A bill for the appropriate costs will be sent to the applicant and if not paid will be obtained from the cash deposit . The City Administrator has the right to amend the cash deposit requirements. Deposits will be place in escrow. ** Administrative Costs - Actions requiring payment for administrative costs may be billed to the applicant . Administrative costs may include but are not limited to the following: staff time, publishing costs, copying, printing and mailing. Department Fees .................................... 45 . 00 Hour E3��. �3ti ...Planner Assistant City Planner 35 . 00/Hour Clcrk/Typiot IIP 1' :: #N#N O 25 . 00 our : ..* *** Consultant Fees - Consultants may be required by the City to review development proposals including but not limited to traffic and water management issues . Consultant fees will be based upon a prior written proposal and agreement . Fees will be placed in escrow. ENGINEERING - hereby set as follows: Engineering Fees Department fees for Public Improvement Protects A. Private Developments A lump sum of 7 1/2% of the estimated construction costs for the project using the following breakdown: Administrative fee - 1% Plan Review fee - 2% Inspection fee - 4 1/2% Total - 7 1/2% Any direct costs incurred, such as material testing, are not included and will be billed back directly to the developer. SPUC inspection services are not included in this fee . B. City Projects The actual hourly rates of the employees will be used plus a multiplier of 2 . 9 for benefits, overhead, etc . A 1% project administration fee will be charged to all projects . Other costs incurred will be added in using the actual costs (i .e. consultants fees, testing laboratories, etc. ) C. Miscellaneous Engineering Work same as the City projects . Permit Review 1 . Commercial 30 . 00 2 . Residential 15 . 00 3 . Recheck at 1/2 the original fee Plan, Plat and Report Review 1 . Review 30 . 00 2 . Plus hourly rate 3 . Recheck at hourly rate Storm Water Drainage Utility City-wide FggRopccial benefit fcc 10 .324tWagggei (P.aymcnt dt c within 30 days a pcnalty quartcr•.... of 5% per quarter added to past due amount) REF*-acre *Residential equivalent factor :::::::::::::::::::::.::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::.i:i:::.iii?i'::^:'ti4iiiiiiiiiiiiiiiiiiii}i:•i':•iiiiiiiiiiiiiti4iiiiiiiiiiiiiii+::giiiiii'F:i:i+:tii...;ij::i::ii •::. •::::.+::::ry'aii:•::•:.}':::::::::.}+.i':::•::p:9:•...}:.}'::.iii::. :v:pv:p:::. .:..:..::Y;....;.......:..:...:...ilii. .}....:..:....:.....:..:....iii::....:.. .: :. •. •: '•.:: 'v:•ii:S:•i;.}Tiiiii:•: iiii' '•,(�:,(�. �1 +�'�}�' �^ e ry n .'.�`v':':.ii}:y(y�..; ;..;.i::...i'•i :;:};}'4',.is 4:.i':i:.:.}}i i.:.,:'y�,•i: :? r::iiiii}iii i i:10(4::*( ' .'•: •:i:i:is is y r•:4. i 4':i'?;. ;:..•::::::::: .:.�.y.:�.:::}:::i i:.?•:':::::::i::':.tir:�:w{i:iFi4.'i': Ce.�::h:i•�•Zi'.�� �.�....:M�i•.��� .�:,�i•%;4}�W.�.,'*�.•.�. ;.:::::w::n.............:::::::: Flood Plain Verification 10 . 00 Reproducable Maps - See page 22 Permit to Work in Public Right-of-Way fees set as follows : Permit to work in public right-of-way - first inspection 25 . 00 other multiple inspections - hourly rates When work in public right-of-way requires the submittal of plans and specifications, review of the plans shall be charged in accordance with the hourly fees approved for the Engineering Dept . Lot Corner Field Search (with metal detector only) 25 . 00 (non-refundable, no guarantees) This is not a legal survey or any verification that lot corners found are in the correct location, but simply an attempt to locate any existing lot corners that are in the ground. PARKS AND RECREATION - hereby set as follows: Municipal Swimming Pool Fees Gate Fees : (includes pool and waterslide for the day) Adults and Children $3 . 00 Seniors 65 or over & children under 2 years FREE Season Tickets/Slide Pass Family - Resident $50 . 00 Individual - Resident $33 . 00 Family - Non-Resident $60 . 00 Individual - Non-Resident $43 . 00 Instruction ...................... Resident $15 . 0 0` € ...................... Non Resident $25 . 00$3 s:00 Grant fees for low or reduced income Shakopee Resident Families Family Pool Pass $ 7 . 00x € .................... Swimming lessons $ 5 . 00 $ r€Q .. ...................... ................... ...................... Seasonal Activity Fees : Youth $13 . 00 ........Y.�............. Adults (includes participants employed full time $20 . 00 SUM by a Shakopee Business) Other Activities assessed ...................... on a proportional basis . ...................... Additional Non Resident Activity Fee: Youth $10 . 00 > < ' 00 Adult $10 . 00 E Picnic Shelter Rental Shakopee Youth/School groups (weekdays only) No charge Shakopee Residents and Non-Profit Groups $ 25 . 00 Shakopee Corporate/Business $ 45 . 00 Non Resident Group or Corporate/Business $ 55 . 00 Picnic Kit Rental Schedule Volleyball Set (net & ball only) per day or weekend $ 5 . 00 Horseshoe per day or weekend $ 4 . 00 Ballfield Rental One Day/per field $20 . 00 Two Day/per field $30 . 00 Three Day/per field $40 . 00 Lights per field/per night $25 . 00 (Groups requiring lights must hire an attendant at the rate of $10/per hour to operate the lights . ) Tahpah Park Concession Stand Rental Per Day (Plus refundable Damage Deposit $50) $50 . 00 Community Building (Youth Building, City Hall Community Room) Community Youth Groups No Charge Scouts, 4-H, Youth Athletic Associations Schools, City and County Senior Citizen Groups No Charge Community Organizations, and Individuals/per day $75 . 00 Plus Refundable Damage Deposit $50 . 00 Local Businesses/per day (Weekends only - Training Purposes) . $100 . 00 Plus Refundable Damage Deposit $ 50 . 00 Out of Town Groups (Limited to Non-profit Youth Groups. . $75 . 00 Plus Refundable Damage Deposit $ 50 . 00 Note : Fees waived for groups utilizing City Hall Community Room, during normal City Hall business hours, for less than two hours. PARK & RECREATION PROGRAMS Youth: Adult: 3/4 Cheerleading $15 . 00 Dog Obedience $35 . 00 5/6 Cheerleading 19 . 00 Puppy Obedience 25 . 00 5/6 Volleyball 20 . 00 Open Gym 25 . 00 Golf Lessons 25 . 00 Adult Golf 30 . 00 Tennis Lessons 18 . 00 Adult Tennis 25 . 00 Playground Events 1 . 00 Fall Softball (or free) (per/team) 250 . 00 Day Camp 35 . 00 T-Ball 20 . 00 Hourly Rate Activities: Near Ball 20 . 00 Adult Exercise $ 2 . 00 KIDS 20 . 00 Archery 21. 00 Adult Seasonal Team Sports: Hershey Track 2 . 00 Team Activity Fee .......................... Jr. Team Tennis 27 . 00 /per player $20 . 001 > or Special Events 2 . 00 - 5 . 00 /per Team .......................... Men' s Basketball 160 . 00M$00 Hourly Rate Activities: Men' s Volleyball 1G0 . 00 7 .Q Gymnastics $ 4 . 50 Women' s Volleyball1C0 . 000igfiN0 Adult Broomball 8210.00 .......................... Trips: Adult Softball 300 . 04834010 Variable Fee Based on: Church Softball 20.00 Admission Cost + Transportation Baseball + Supervisory divided by 30 . (Using Tahpah Park field) Town Team $300 . 00 Youth Activity Fee: $ 13 . 00 Legion 300 . 00 3/4 Flag Football Over 35 League 300 . 00 5/6 Tackle Football 3/4 Basketball (Boys/Girls) Shakopee Showcase: 5/6 Basketball (Boys/Girls) Commercial Exhibits $20 . 00 .... 7-9 Basketball (Boys/Girls) .................. Jr. High Ski Club 3/4 Baseball & Softball 5/6 Baseball & Softball Jr. Baseball & Softball Mickey Mantel Baseball Jr. Fastpitch Softball 1-6 Wrestling � OTHER - hereby set as follows : 1 . Application fee for variance from or amendment to the cable franchise ordinance 25. 00 PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- tion has been made. P,N4 It, I I I ENVIRONMENTAL ASSESSMENT WORKSHEET i FISCHER AGGREGATES, INC. I i I Prepared for THE CITY OF SHAKOPEE I Orr 4a �, Schelen Mayeron& CIAISMRAssociates, Inc. December, 1994 Engineers Architects Planners • Surveyor I ENVIRONMENTAL ASSESSMENT WORKSHEET ta FISCHER AGGREGATES, INC. 11. I Prepared for THE CITY OF SHAKOPEE I I December, 1994 Orr CZ* Schelen Mayeton& Associates,Inc. Engineers • Architects • Planners • Surveyors 300 Park Place Center, 5775 Wayzata Blvd. Minneapolis, MN 55416-1228 I i I ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) ( ) I 111 NOTE TO PREPARERS This worksheet is to be completed by the Responsible Governmental Unit(RGU)or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet,but is not to complete the fmal worksheet itself. If a complete answer does not fit in the space allotted,attach additional sheets as necessary. I For assistance with this worksheet contact the Minnesota Environmental Quality Board(EQB)at(612)296-8253 or(toll-free) 1-800-652-9747 (ask operator for the EQB environmental review program)or consult"EAW Guidelines,"a booklet available from the EQB. NOTE TO REVIEWERS Comments must be submitted to the RGU(see item 3)during the 30-day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to leant when the comment period ends.) Comments should address the accuracy and completeness of the information,potential impacts that may warrant further investigation,and the need for an EIS. If the EAW has been prepared for the scoping of an EIS(see item 4),comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. 1. Project Title: Fischer Aggregates, Incorporated Sand and Gravel Mining Expansion 2. Proposer: Fischer Aggregates, Inc 3. RGU: City of Shakopee Contact Person Liza Robson Contact Person Lindberg Ekola k Address 6801 W. 150th St. and title Planning Director Apple Valley,MN 55124 Address 129 Holmes St. Phone (612) 432-7132 Shakopee, MN 55379 Phone (612) 445-3650 I 4. Reason for EAW Preparation _EIS Scoping X Mandatory EAW Citizen Petition RGU Discretion _ Proposer Volunteered If EAW or EIS is mandatory give EQB rule category number(s) 4410.4300, Subpart 12 it5. Project Location SE 1/4 NE 1/4 Section 17 Township 115N Range 22W NE 1/4 NW 1/4 Section 16 Township 115N Range 22W IICounty: Scott City/Twp: City of Shakopee t Attach copies of each of the following to the EAW: a. a county map showing the general location of the project (Figure 1); b. copy(ies) of USGS 7.5 minute. 1:24,000 scale map indicating the project boundaries (Figure 2); c. a site plan showing all significant project and natural features (Figure 3). i G I I OS December 29, 1994 Page - 1 i 6. Description Give complete description of the proposed project and ancillary facilities. Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. IThe proposed project will be an expansion of the Fischer Aggregate operations that excavates, processes and loads sand and gravel. The expansion operations will increase the depth of the mining operation, operation. Sand and gravel excavation has been increase the land area, and increase the life of the p conducted for the last eight years under a Conditional Use Permit from the City of Shakopee at the project site. Fischer Aggregates has applied to amend the Conditional Use Permit to include these expanded activities. One 25-acre area of the site has been mined to a depth of 20 feet on an irregular basis over the i last eight years. It is estimated the 370,000 cubic yards of sand and gravel have been removed. This Environmental Assessment Worksheet addresses the impact of the expanded activities. The existing Conditional Use Permit restricts the mining to a depth of 20 feet. Fischer Aggregates has requested an amendment to the existing permit to be allowed to mine to a depth of 40 feet. This depth will remove a greater amount of sand and gravel. The amendment also requests an increase in the permitted r land area from 131 acres to 136 acres. Fischer Aggregates is in the process of acquiring a 5-acre 1 farmstead located adjacent to the southwest corner of their existing property. The additional five acres of land will allow operation to be conducted more efficiently. In addition, the amendment requests an extension in the life of the operation. The City of Shakopee in the 1985 Conditional Use Permit allowed a 19 to 20 year development of the site. Fischer Aggregates requests the same amount of time (19 to 20 1 11 years) from the date of issuance of the amended Conditional Use Permit. The mining operation will be divided in 5 phases (Table 1). Phase 1 will involve creating the central % operations/processing area,relocating a natural gas pipeline and the excavation of the Phase 1 area. Fischer Aggregates estimates that 976,000 cubic yards will be mined over the next 2 to 3 years. The central operations/processing area will include the crusher, screening and wash plant, sedimentation pond, scale I house, truck parking and maintenance, material stock piles, and internal road networks necessary for operations. Phases 2,3,4 and 5 will involve excavation and processing,the construction of any necessary on-site haul roads and land rehabilitation of previously mined areas where operations have ceased. Phase 111 3 will also include the demolition of the buildings located on the farmstead. In each phase, the mined material will be placed on a conveyor belt and conveyed to the central operations/processing area. In the processing area, the material will be crushed, washed if necessary and loaded or stockpiled. Each completed phase will be restored in accordance with the Conditional Use Permit issued by the City of Shakopee and the ordinances of the City of Shakopee and Scott County. 1 1� I II 1 OSM December 29, 1994 Page - 2 I I The hours of operation for mining and truck hauling in the current Conditional Use Permit are 7 AM to 7 PM. Truck traffic will be an average of 60 trips per day during the mining season (April through November)and traffic will only enter and exit the site from the existing paved driveway access located on County Road 83. Table 1 Phase Quantity (cu. yds.) Approximate Length of Time Acres IPhase 1 370,000 mined 25 8 years (1985-93) 976,000 to be mined 2 to 3 years (1994- 1997) IIPhase 2 1,242,590 26 4 years Phase 3 1,192,590 28 4 years Phase 4 1,455,180 26 5 years Phase 5 1,062,960 27 4 years Total 6,299,800 136 19 to 20 years I7. Project Magnitude Data Total Project Area(acres): 136 (includes five acre farmstead to be acquired) or Length (miles): N/A $ Number of Residential Units: N/A Unattached: N/A Attached: N/A I Commercial/Industrial/Industrial Building Area (gross floor space) Total square feet; No building space required for the mining operation i Indicate area of specific uses: N/A I Office: Manufacturing: Retail: Other Industrial: Warehouse: Institutional: Light Industrial: Agricultural: I Other Commercial (specify): Building Height(s): N/A a 11 1 1 1 OSM. December 29, 1994 Page - 3 I 8. Permits and Approvals Required List all known local,state,and federal permits,approvals,and funding required: Unit of Government Type of Application Status Federal: Mine Safety and Annual inspection Annual IHealth Administration State: MPCA Relocation of gas pipeline To be obtained t; MPCA Air emission permit To be obtained MPCA Operation/Inspection Annual/Periodic MPCA NPDES Stormwater Discharge Obtained in 1994 MPCA Above Ground Storage Tank To be obtained DNR Water Appropriations Obtained in 1994 ItLocal: City of Shakopee Conditional Use Permit Obtained' City of Shakopee Mineral Extraction I and Land Rehabilitation Permit Obtained' City of Shakopee Building Permit To be obtained City of Shakopee Demolition Permit To be obtained 1' 1 Fischer Aggregates is operating under the approved existing Conditional Use Permit. It has requested an amendment to the permit to allow for greater depth and acreage to be mined as well as increased period of time to conduct the mining operation. 2 Fischer Aggregates is operating under an approved Mineral Extraction and Land Rehabilitation Permit which is included as part of the Conditional Use Permit. The amendment to the Conditional Use Permit would extend to the Mineral Extraction and Land Rehabilitation Permit. I I I I I; I 1 i' QS December 29, 1994 Page - 4 I f 9. Land Use Describe current and recent past land use and development on the site and on adjacent I lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past uses, such as soil contamination or abandoned storage tanks. IThe site has been used for mining sand and gravel for the last eight years. Prior to its development as a mine site, it was cultivated,primarily for corn crops. This area is well suited for sand and gravel mining 1 activities because of its abundant gravel deposits and rural location. The City of Shakopee issued a Conditional Use Permit on April 5, 1988 and renewed it May 9, 1991. Under the terms of the Conditional Use Permit issued to NBZ, Incorporated, the depth of the mining was limited to 20 feet, acreage to be mined was 131 acres and the mining was to be completed by 2003. Fischer Aggregates, Incorporated I informed the City of Shakopee in a letter on March 29, 1993 of the change in ownership of the site and its intent to continue to operate as a sand and gravel quarry. Fischer Aggregates,in October 1993 applied for an amendment to the Conditional Use Permit to extend the time,the area and the depth of the mining operations. Figures 4 and 5 show the intended reclamation plan and the end-use plan for the site under the proposed amendment. The City of Shakopee is considering the extension of the Conditional Use Permit. Fischer Aggregates continues to operate the mine under the terms of the existing Conditional Use IPermit. Fischer Aggregates will mine the site in five phases. Land not actively being excavated will continue to be used for agricultural purposes. After each excavation phase is complete,the land will be reclaimed in I accordance with the Conditional Use Permit which designates restoration to agricultural purposes. The adjacent land to the south,west,northeast and southeast of the site is zoned agricultural. The land to the northwest of the site is zoned residential. IlThe area surrounding the site contains agriculture land and residences. Two residences with barns and garages are approximately 1250 feet south of the central processing area (Phase 1 operations). A farm residence with barns is located 1350 southwest of the central processing area and a cluster of residences are located 1200 feet north of the central processing area. The City of Shakopee requires that mine operators obtain a Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit. The City includes stipulations with the permit conditions to safeguard the health and well being of residents as well as property values. Setbacks,buffer areas and screening,traffic routes, dust control and appearances are typical of the conditions placed on operators by the City. INo known environmental hazards are present on the site. A farmhouse well,discussed in number 13,and a septic system,discussed in number 20,will be closed in accordance with applicable State of Minnesota and City of Shakopee regulations. Noise and dust from the site operations will be mitigated by the creation of eight to ten feet high topsoil berms,by the materials handling system which will limit truck traffic and by lowering the floor of the area i where the central operations/processing area is conducted. Topsoil berms will be built around the central processing area and around the area being excavated. A materials handling system consisting of conveyors will be used to move the sand and gravel from the excavation area to the central operations/processing area. 1 This materials handling equipment will reduce the truck traffic on-site thus reducing noise and dust impacts from the operation. Noise from the project should be further reduced as the floor of the process area will be 46 feet below the surrounding surface. This lower floor should mitigate potential noise or dust impacts that the operation would otherwise contribute to the surrounding area. 111, I 1 iO. December 29, 1994 Page - 5 a M 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after IIdevelopment (before and after totals should be equal): Before After Before After Acres Acres Types 2 to 8 Wetland 0 0 Urban/Suburban 0 0 Wooded/Forest 0 0 Landscaping 0 0 Brush/Grassland 0 0 Impervious Surface 0 0 Cropland 136 136 Other (describe) 136 136' * The site will be mined in phases. After completion of each phase, the land will be reclaimed for 1 agricultural uses. Ill. Fish,Wildlife and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. I The Minnesota Department of Natural Resources (DNR) Fisheries and Wildlife district offices were contacted to determine if fish or wildlife might be affected. In a telephone conversation,Dave Zapetillo, Western Area Supervisor, Fisheries, said that the primary concern of the DNR Fisheries was whether a running stream,open water, or wetlands exist on the site and if so what would be the potential impact to 11 the fishery resource. None of these conditions exist at the site, therefore it is unlikely that there will be a direct impact to fish habitat. Secondary site concerns involve stormwater run-off that may indirectly affect fish habitat off the site. Currently, site drainage flows in all directions with approximately three- quarters of the site run-off remaining on the site evaporating or filtering into the soil. The northeast quarter of the site flows towards drainage ditches that lead to Deans Lake,one-half mile east of the site. Due to the permeability of the soil and the type of operation proposed,it is not anticipated that run-off from the site will affect the quantity or the quality of surface water run-off,therefore no indirect impact should occur to the fish habitat. I John Parker,Regional Area Wildlife Manager for the DNR,indicated that because the project will require the removal of approximately 136 acres of land from cultivation there may be some displacement of wildlife which may have used the cultivated land as a feeding area. He added,however,that the continued Iexistence of open spaces and agricultural land should mitigate the potential effect on displaced wildlife. b. Are there any state-listed endangered, threatened or special concern species; rare plant communities; colonial water bird nesting colonies; native prairie or other rare habitat; or other I sensitive ecological resources on or near the site? Yes X No If yes,describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. I The DNR National Heritage Program was contacted(response letter attached)regarding the presence of any I fish, wildlife, or vegetation on or near the site that may be listed as state endangered, threatened or of special concern. As indicated in their response,the Natural Heritage database did not contain any known occurrences of rare species or other significant natural features within one mile of the project. I IQS'. December 29, 1994 Page - 6 I I 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake,pond,wetland, stream, drainage ditch)? Yes X No If yes,identify the water resource to be affected and describe: the alteration,including the construction process;volumes of dredged or fill material;area affected;length of stream diversion;water surface are I affected;timing and extent offluctuations luctuations in water surface elevations;spoils disposal sites;and proposed mitigation measures to minimize impacts. 13. Water Use I a. Will the project involve the installation or abandonment of any wells? X Yes No For abandoned wells give the location and Unique well number. For new wells,or other previously IIunpermitted wells,give the location and purpose of the well and the Unique well number(if known). There is an existing process water well located at the central operations/processing area. The well was I drilled in 1990 to be used in operations at the mining area,and was assigned unique well number 510437. The well will continue to be used in mining operations. The well log record is in Appendix D. There will be no new wells drilled on the site. I There is an existing well on the farmstead that will be abandoned. Prior to mining the farmstead area as part of Phase 3, the well will be abandoned according to State of Minnesota and City of Shakopee regulations. The well pre-dates the State of Minnesota unique well program,and therefore has not been Iidentified by a well number. b. Will the project require an appropriation of ground or surface water (including dewatering)? X Yes _No 2 If yes, indicate the source, quantity, duration, purpose of the appropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation of groundwater levels. Dewatering is not anticipated,however,the processing operation will require water for washing aggregate. A well was drilled in 1990 into the Prairie du Chien aquifer to a depth of 300 feet to provide water for this operation. To date, the mining operation has used the well for washing on a limited basis. I In 1994,Fischer Aggregates requested in their Department of Natural Resources(DNR)permit application a water appropriation of 1000 gallons per minute, for 10 hours per day at 21 days per month for six and I half months of the year. The DNR appropriations permit was granted for a withdrawal of 90,000,000 gallons per year. The permit, DNR permit number Scott County 94-6201, was approved in July 1994. The actual use of water,however,is projected to be less than this amount for two reasons. First,the wash I operation is designed to utilize water from the sedimentation pond prior to withdrawing groundwater each day. The estimated reuse of the water is between 50 and 65 percent. The remaining 35 to 50 percent of wash water is lost to evaporation. Second,the capacity of the pump utilized for the wash operation is less I than the permit allows. The pump draws 735 gallons per minute at maximum capacity and 500 gallons per minute at average capacity. Therefore,based on a rate of water recycling of 50 percent,the projected water use at 500 gallons per minute, 10 hours per day, 21 days per month, six and a half months per year i is approximately 20,500,000 gallons per year. c. Will the project require connection to a public water supply? 1 Yes X No If yes, identify the supply, the DNR water appropriation permit number of the supply and the quantity to be used. I i ant December 29, 1994 Page - 7 I ii is 14. Water-related Land Use Management Districts Does any part of the project site involve a shoreland zoning district,a delineated 100-year flood plain,or a state of federally designated wild or scenic river land use district? _Yes X No If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. IAccording to the City of Shakopee Ordinance 11.5--Shoreland Zoning District,the closest shoreland zoning district is Deans Lake located one half mile east. I A Flood Insurance Study provided by the Federal Emergency Management Agency in 1975,and the City of Shakopee Floodway Map dated 1993,indicate that the site is not on or near a delineated 100 year flood plain. IAccording to the Minnesota Wild,Scenic and Recreational Rivers Program, (Minnesota Statutes 104.31-- 104.40) there are no rivers in the area designated wild, scenic, or recreational. 15. Water Surface Use Will the project change the number or type of watercraft on any water body? Yes X No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or Iconflicts with other users or fish and wildlife resources. 16. Soils Approximate depth (in feet) to: I Groundwater:minimum 60 feet average 80 feet bedrock:minimum 40 feet average 60 feet Figure 6--cross section of site shows groundwater and bedrock for the site. di Describe the soils on the site,giving SCS classifications,if known.(SCS interpretations and soil boring logs need not be attached.) I Five soil series occur on the site(Figure 9). The Dakota and the Hubbard series cover approximately 97% of the site with the Terril,Estherville, and Peat series each occupying 1% of the site,respectively. The Dakota soil series(DbA,DbB,DaA)are on sandy,outwash plains and terraces. Soils in the Dakota series are classified as prime soil(DaA)or as Statewide importance(DbA,DbB) The soils are dark-colored,well I drained to excessively drained and have formed under prairie grasses. The topography is nearly level to rolling with slight to moderate wind erosion. The Hubbard series(HeB,HeB2,HeC2)are moderately dark- colored soils that develop on sandy terraces. They are the most extensive of the terrace soils in Scott County. Wind erosion is active whenever these soils are not protected by vegetation. The topography I ranges from nearly level to undulating and the native cover is typically sparse grass. The Terril series (TbB)has been identified as prime farmland. These soils are gently sloping soils developed from material deposited by gravity and water. Terril soils are dark to moderately dark. The original vegetation was prairie grasses but hardwood forest occurred on these soils. The Estherville series (EaA) have also been designated as having statewide importance. These soils are dark-colored soils that developed under prairie grasses on gravelly and sandy outwash plains and terraces. The fine textured surface and sub-soil have a I high capacity for holding moisture. The Peat (PbB) series are organic soils located in poorly drained scattered depressions. Peat soil is brown,fibrous and spongy. It forms from sedges,reeds and grasses in depressions that are wet much of the year. I 1 I iQM December 29, 1994 Page - 8 I I17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 136 ; cubic yards 6.299.800 111 111 Describe any steep slopes or highly erodible soils and identify them on the site map. The 136 acre site as shown on Figure 2 is made up of flat terrain and contains soils which are low to moderately wind erodible. The development of the sand and gravel quarry has created steep slopes on the 25 acres of the site that had been previously mined. The continued operation of the sand and gravel quarry will create steep slopes in areas that are being excavated as well as the central operations/processing area. Describe the erosion and sedimentation measures to be used during and after construction of the project. Erosion in a mining operation occurs when topsoil is removed and piled without a vegetative cover and/or steep slopes are cut to mine. The application for amendment from Fischer Aggregates states that the site will use the topsoil removed to make eight to ten feet perimeter berms around the excavation area and central processing area. The perimeter berms will be constructed at a 3:1 slope along the outside slope and the inside mining slope will be constructed at approximately 2:1 in accordance with the City of Shakopee's ordinances. The slope grades will reduce the potential for erosion and soil loss while providing a greater opportunity for vegetation to establish thus mitigating any potential further erosion. The berms and slopes will be stabilized and seeded with a MNDOT seed mixture No. 2 and 13 which consist of rye for quick ground cover and perennial ryegrass,alfalfa and field bromegrass for permanent ground cover. After the excavation work has been completed,the perimeter berms will be spread throughout the area,seeded with vegetation or returned to agricultural use. In addition to the berms,erosion will be further limited through the phased development which reduces the quantity of exposed soil. The side slopes of the processing area will be seeded as necessary to maintain the slopes(2:1)and minimize erosion potential. Any areas of the site that are not under excavation or used for processing will continue to be used for agricultural purposes. Sedimentation on the site will be managed by limiting soil exposure through vegetative covers and the creation of sedimentation ponds where necessary. Temporary sedimentation ponds will be located in the excavation area and in the processing area. The pond in the process area will collect run-off from the process area as well as from the temporary haul roads. Fischer Aggregates received a National Pollutant Discharge Elimination Permit(NPDES)general stormwater permit in 1994. As part of the permit process, a stormwater pollution prevention plan (SPPP) was developed. 18. Water Quality - Surface Water Run-off a. Compare the quantity and quality of site run-off before and after the project. Describe methods to be used to manage and/or treat run-off. Quantity The soils located on the site have a relatively high infiltration rate. As such, surface water 1 collecting in depressions percolates through the soil to recharge ground water. The result of this condition is that much of the surface water is routed as infiltration rather than run-off. Stormwater run-off for the southern portion of the site prior to the mining operation was contained on the agricultural fields through soil filtration and natural ponding. Stormwater run-off on the northern portion of the site collected in drainage ditches that drained to Deans Lake. The total average annual precipitation is approximately 29 inches. The 100 year 24 hour rainfall in the City of Shakopee is approximately six inches. The permeability of the soils on the site average five to ten inches per hour. It is anticipated p ed that the quantity of run-off will not increase. Most of the rainfall on the site filters into the soil or evaporates in natural ponds. The mining operation will create few impervious surfaces. Excavation areas will have berms that direct the run-off away from the area. Run-off in the excavation area should filtrate or evaporate. Run-off from the areas not being excavated will follow the established pattern of filtration or evaporation. Run-off from the processing area will collect in a sedimentation pond and will be recycled for the process washing water. CS% December 29, 1994 Page - 9 I Quality Little to no change in the quality of the run-off from the site is anticipated. The site is located 1 in the Blue Lake Watershed District,a sub-watershed to the Prior Lake Watershed District. Deans Lake which receives run-off from the northern side of the site flows into Blue Lake. The mining activities occur over a limited area, do not involve toxic or hazardous materials and will use berms to direct run-off. b. Identify the route(s) and receiving water bodies for run-off from the site. Estimate the impact of the run-off on the quality of the receiving waters. I Stormwater run-off for the southern portion of the site is contained on the agricultural fields through soil filtration and natural ponding. Stormwater run-off on the northern portion of the site collects in drainage ditches that drain towards Deans Lake. 111 19. Water Quality - Wastewaters a. Describe sources, quantities and composition (except for normal domestic sewage) of all I sanitary and industrial wastewaters produced or treated at the site. The site will produce waste water from the washing operation of the sand and gravel. When it is operating it will produce an average 500 gallons per minute of waste water. The washing of gravel entails removal of finer particles from excavated gravel. This is done to produce a material which will meet particular construction specifications. Water used in washing operations will contain fine grained soils of silt and clay to fine sand particle size. Such materials are readily transported in moving water,depending upon the I velocity of flow. If allowed to discharge to natural basin or flows,these waters will deposit sediment as flow velocity slows. To prevent this,water from gravel washing operations should be contained in settling ponds to allow for sediment discharge prior to reuse or evaporation. I Fischer Aggregates in the amendment application proposes to send the waste water to a sedimentation pond where it will be recycled back into the process. Fine silts will settle to the bottom of the pond and will act as a natural barrier to help retain the water in the pond. The pond will be dredged as necessary and IIthe silt used for fill material in land rehabilitation. There will be no waste waters from excavation area activities. i b. Describe any waste treatment methods to be used and give estimates of composition after treatment,or if the project involves on-site sewage systems,discuss the suitability of the site I conditions for such systems. Identify receiving waters(including groundwater)and estimate the impact of the discharge on the quality of the receiving waters. I No waste water treatment is necessary for the process waters. The process water will contain fine silts from washing the aggregate. The silt will be removed from the pond and used as fill material in land reclamation after mining is completed. Operations will include satellite toilet facilities that will be pumped on a periodic basis by a licensed contractor. I c. If wastes will be discharged into a sewer system or pretreatment system,identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. iNot Applicable I ICat December 29, 1994 Page - 10 I I 20. Groundwater -Potential for Contamination a. Approximate depth (in feet) to groundwater: 60 feet minimum; 80 feet average. IFigure 6 presents a cross-section of the site including depth to groundwater. b. Describe any of the following site hazards to groundwater and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration 1 rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. I Mining activities will occur in an area that has a high infiltration rate and thus is susceptible to groundwater contamination. As indicated in the well log record in Appendix D,the initial 62 feet of the well material are comprised of gravel, sand, and sand/gravel mix which have a high permeability. The limestone I formation that occurs between 62 and 200 feet is also characteristic of high permeability. The remaining 100 feet of the well drilled was into Jordon Bedrock. The Minnesota Department of Health-Well Code outlines that the proper placement of a well that will be I overlain with a limestone formation be drilled to a deeper aquifer and that it be at least two nominal inches of neat cement grout be placed outside the casing for the entire thickness of the limestone formation. The well log record indicates that the well was drilled to a depth of 300 feet,and at least a minimum of two I inches of neat cement grout had been placed outside the casing to a depth of 200 feet, the limestone formation, thus meeting code. The well was installed in accordance with Minnesota Rule 4725.1820 by Bergerson-Caswell,Inc., a Minnesota licensed driller. The well was cased to one foot above the surface Iand a pump installed. The area around the well head was sloped to drain away from the well head, then graded to prevent accumulation and retention of surface water within 5 feet of the well head. The well head was capped to I ensure that dirt or other contaminants would not be able to enter the groundwater through the well. Fisher Aggregates will locate the above ground fuel storage tank and pad more than 20 feet from the well head in accordance with the Minnesota Rule 4725.2000(e). No other potential sources contaminants are in close $ proximity to the well head and a 20 foot perimeter circle has been designated around the well head where no mining activity may occur. I Fischer Aggregates will take precautions in the active mining areas to ensure no groundwater contamination occurs. These precautions include constructing run-off berms around the active mining area to direct any run off away from the open pit. All fuel operated equipment will be refueled on the concrete pad in the central processing area. Fischer Aggregates will install materials handling equipment(the conveyor system itfrom the pit floor to the central processing area) which will limit the truck traffic. c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating groundwater. No toxic or hazardous materials are used in the sand and gravel mining operation. 111 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types,amounts and compositions of solid or hazardous wastes to be generated, including animal manures,sludges and ashes. Identify the methods and location of disposal. I For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s) and how the project will be modified to allow recycling. I No solid or hazardous waste will be generated by the process. A contractor will be hired to provide normal sanitation services for any municipal solid waste generated by operations. I ICZ% December 29, 1994 Page - 11 I b. Indicate the number,location, size and use of any above or below ground tanks to be used 1 for storage of petroleum products of other material (except water). One 1,000 gallon fuel above-ground storage tank will be kept on-site to fuel the equipment as necessary. I The tank will be on a bermed concrete pad. In accordance with Minnesota Statute Chapter 115E,the State Spill Bill, this above-ground fuel storage tank will need to be permitted. 1 22. Traffic Parking spaces added 0 Existing spaces(if project involves expansion) 0 Estimated total Average Daily Traffic(ADT)generated 305 Estimated maximum peak hour traffic generated (if known) and its timing.--see Text For each affected road indicate the ADT and the directional I distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. I It is estimated that the proposed site,with expansion,will generate the following trip ends (in and out) on an average day: I . Gravel trucks 200 • Ready Mix Trucks 60 • EmployeeNisitor 45 Total Trips 305 IThis traffic generation would only occur during the peak of the construction season. The peak times of the day that site operations would generate the heaviest traffic are 7:00 - 9:00 AM and 12:00 -2:00 PM, Iwith an occasional late afternoon (4:00 - 6:00 PM) peak. The primary impacted roadway is Scott County Road 83. The proposed site traffic will be distributed 50 I percent north and 50 percent south on County Road 83. The Average Daily Traffic (ADT) has grown significantly since 1980. The historical and projected ADT Data is shown below: ADT 1980 680 I 1982 300 1984 260 1986 3350 1 1988 4000 1990 4050 1992 9400 1994 11000 I 2000 17650 2010 28750 i The primary increase in traffic volume after 1984 is due to the opening of Canterbury Downs Race Track and the increase after 1990 is due to the development of the Mystic Lake Casino and associated development. The future traffic volumes were projected based on the historical data. It was assumed that I traffic would grow at a rate of 8.2%/year to the year 2000 and 5%/year to the year 2010. The County wide average growth (based on State Aid) is 5.0%/year. fi Based on this data,the proposed site traffic will have no impact on the existing operations of County Road 83. No roadway improvements will therefore, be required. 1 1 CiAt December 29, 1994 Page - 12 I I23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. I The effect of vehicle related air emissions, from site generated traffic,will be negligible. The following conclusions can be made: I • The addition of site generated traffic will increase traffic levels on County Road 83 by less than 2 percent. I • The make-up of the site generated traffic will be primarily diesel trucks, which have very low carbon monoxide emissions. I I . The nearest sensitive receptor is located approximately 150 feet from the property boundary of the sand and gravel operations site. I I . The operation of the facility will be during the summer months. Critical vehicle emissions(carbon monoxide) occur during cold weather. I I . Vehicle speeds on County Road 83 are 50 miles per hour or greater. Vehicle emissions are higher with stop and go traffic conditions. Based on these facts,no mitigation measures would be required for vehicle related air quality. 24. Stationary source air emissions Will the project involve any stationary sources of air emissions(such as boilers or exhaust stacks)? Yes X No II If yes, describe the sources, quantities and composition of the emissions; the proposed air pollution control devices;the quantities and composition of the emissions after treatment; and the effects on air quality. 25. Will the project generate dust,odors, or noise duringconstruction and/or operation? P X Yes No I If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measure to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. IDust The Minnesota Pollution Control Agency regulates stone and gravel quarries for particulate (dust) I emissions. It will be necessary for Fischer Aggregates to obtain an air emission permit. The closest sensitive dust and noise receptors to the site are the farmhouse located 150 feet to the south property line, the farmhouse located on the site prior to its demolition and the residences located 900 feet to the northern property line. Potential sources of fugitive dust are wind erosion and the excavation of mined materials. Measures that Fischer Aggregates in the amendment application state will be taken to minimize dust include the watering of haul roads and stock piles,paving of permanent roads on the site and limiting the truck transport on the site. The haul roads to and from County Road 83 and the central operations/processing i area will be paved and the remaining gravel haul roads will be watered daily unless there is precipitation in excess of 0.02 inches during that particular day. To further minimize fugitive dust,Fischer Aggregates states it will use a conveyor system to move mined material from the excavation area to the processing area. I 1 IQM December 29, 1994 Page - 13 I 1 Odors Mining and process operations are not anticipated to involve any processes or materials that would generate any odors. I Noise The noise generated during operations will be from excavation equipment,processing equipment and truck traffic. The crushing plant located in the central operations/processing area will have the greatest impact 1 to the sensitive receptors in the area. At present,there are three sensitive receptors in the area consisting of a horse farm,a farmstead and a residential area. The horse farm is adjacent on the south property line of the mining operations and located approximately 1250 feet south from the central operations/processing I area. The five-acre farmstead, which will be integrated into mining operations in 1997-1998, is located approximately 1350 feet southwest from the central operations/processing area. The residential area is located approximately 1200 feet north from the central operations/processing area. Noise monitoring was conducted on May 26 and 27, 1994 at the locations of the three sensitive receptors I surrounding the site. The noise level measurements were taken with a GEOSONICS 200.DK noise meter while the crusher,the conveyor,and intermittent truck traffic were operating on the processing floor. As indicated in Table 2, the noise levels ranged from 50 to 59 decibels (dBa). The US Environmental I Protection Agency (EPA) defines the noise level of 50 dBa as quiet, allowing normal conversation at a distance of 12 feet and 60 dBa as intrusive allowing loud conversation at a distance of 4 feet. To minimize any potential noise impacts Fischer Aggregates has placed the processing floor at an elevation I of 774 feet, 46 feet below the surface. All of the processing equipment is in the central processing area and is separated from the surrounding area by the lowered processing floor and the 8 to 10 feet screening berms. Noise emissions from the excavation area will be limited by the placement of screening berms and the use of a conveyor system. The conveyor system reduces the truck traffic thus noise from the operation. I The monitored noise levels indicate that the noise from the operations at the site will have little to no Iimpact on the surrounding area. TABLE 2 IMONITOR LOCATION SOUND LEVEL RANGE COMMENTS DECIBELS (dBa) I 1459 Sharon Parkway--residence 1200 feet northwest of the 50 to 53 dBa Monitoring period included heavy vehicle traffic on County Road 83, processing area neighborhood dogs barking and light airplane traffic to Flying Cloud airport. Farmstead 1350 feet southwest of 50 to 59 dBa ill the central processing area Horse Farm 1250 feet southeast of 50 to 51 dBa Monitoring period included heavy the central processing area vehicle traffic on County Road 83 I I I 1 ICISx December 29, 1994 Page - 14 I 26. Are any of the following resources on or in proximity to the site: a.archeological,historical, or architectural resources? _Yes X No b.prime or unique farmlands? X Yes No c.designated parks, recreation areas, or trails?_Yes X No d.scenic view and vistas? Yes X No e.other unique resources?_Yes X No If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. The soil on the site has been identified by the U.S. Soil Conservation Service as being prime and as having statewide importance. The soils groups of the Dakota,the Terril and the Estherville compromise 30 percent of the site and are primarily located in the Phase 1 area. These soils have already been excavated into the 111 topsoil berms surrounding the site. The 1985 Environmental Assessment Worksheet did not note that these soils were designated as prime or as having statewide importance. The continued excavation of soils will disturb the remaining prime and of statewide importance soils. The Minnesota State Historical Society was contacted for historical or architectural resources located on or near the site. (Letter located in Appendix C) 27. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) Yes X No If yes, explain. All operations will be screened from off-site view by the use of berms and by the depressed elevation of the processing area. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use,water, or resource management plan of an local, regional, state, or federal agency? X Yes No If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. The City of Shakopee granted the site a Conditional Use Permit in April of 1985 and in 1991. The permit requires the land to be reclaimed for agricultural purposes at the completion of each mining phase. The permit identifies an end use plan that has the site developed into lots that could accommodate uses ranging from residential to industrial. The end use plan specifies the grading, drainage and utility plans for the site. The final use determination would be made by the City of Shakopee. 29. Impact on Infrastructure and Public Services Will new or expanded utilities, roads, other infrastructure, or public services be required to serve the project? Yes X No If yes, describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connected action"with respect to the project must be assessed in this EAW;see "EAW Guidelines"for details.) ��• December 29, 1994 Page - 15 I I 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? _Yes X No 1b. If yes, briefly describe future stages, their timing, and plans for environmental review. Is this project a subsequent stage of an earlier project? X Yes _No If yes, briefly describe the past development stages, their timing, and plans for environmental review. I c. Is other development anticipated on adjacent lands or out lots?_ Yes X No If yes, briefly describe the development and its relationship to the present project. d. If a,b,c were marked Yes,discuss any cumulative environmental impacts resulting from this Iproject and the other development. The proposed project is a continuation of an existing sand and gravel operation. The Conditional Use I Permit for the sand and gravel operations was issued in 1985 after an Environmental Assessment Worksheet was completed. The development of the site has occurred slower than planned as submitted in the 1985 Conditional Use permit application. I 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addresses by items 1 to 28,identify and discuss them here,along with any proposed mitigation. No other potential adverse environmental impacts are anticipated. 32. Summary of Issues List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues,including those that have been or may be ordered as permit conditions. No significant issue or impact has been identified that would result from the proposed sand and gravel operation. Issues or impacts discussed in more detail in this worksheet include dust,noise, surface water I run-off and soil. Dust Potential sources of dust are wind erosion,truck movements and from the excavation work. Wind erosion will be controlled primarily by stabilizing the stockpiles and berms and seeding the berms. Secondary erosion controls will include limiting the active phase of mining, expedient I removal of the topsoil and watering haul roads and stockpiles as necessary. Fischer Aggregates will use a conveyor system to move the rock from the excavation area to the processing area to minimize truck movements on-site. The conveyor reduces the need for internal truck traffic thus reducing dust. Noise The mining activities will be separated from any sensitive receptors by the lowered processing floor and the topsoil berms. Noise from the excavation area will be limited by topsoil berms and the conveyor system. The conveyor system reduces truck traffic and minimizes the I potential for noise reaching any sensitive receptor. Noise level measurements taken while the conveyor,crusher and other equipment was operating showed noise levels in the quiet conversation to loud conversation range. I Surface Water It is anticipated that the quantity or quality of the run-off will not change. Most of the rainfall on the site permeates into the soil or evaporates in natural ponds. The mining operation will create few impervious surfaces. Run-off from the areas not being excavated will follow the established pattern of infiltration or evaporation. Run-off from the processing area will collect in a sedimentation pond and will be recycled for the process washing water. The mining I activities occur over a limited area, do not involve toxic or hazardous materials, and will use berms to direct run-off. ISoil The soil on the site has been identified by the U.S. Soil Conservation Service as prime or as having statewide importance. The soils groups of the Dakota, Terril, and Estherville compromise most of the area in the Phase 1 area which has already been excavated and placed in Itopsoil berms surrounding the site. aAt December 29, 1994 Page - 16 I CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EAW for publication of notice in the EOB Monitor) IA. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. 1 Signature I B. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased I actions," as defined, respectively, at Minn. Rules, parts. 4410.0200, subpart 9b and subpart 60. 1 Signature C. I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. ISignature Title of signer Date I I I I I I I I I IOM December 29, 1994 Page - 17 1 1 1 1 1 1 1 1 I PPENDIX A FIGURES t I pIt I NINNIIINN C O Mag .313 /',,• J ! C0Il 1, 9 1A G > sows maims YOIOM I N[ 4°,.e.. N t0Q .$ , w ,,, "kInW .f• ') ®, • ::: •per`�® • . „ to * [ " `< ,„ •..,", p • .d �APAK .70..77. « & .� N "' ...,:k il.....i::::10111100 ':.;;11..b 1- .:-A 4.4,,. :71',..ir' i. c : . 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No. Ees one sersmi, SCOTT COUNTY SOIL SURVEY Dote , Inc. ed Fig. No. I En83oo r.rk r o hcmt ea.5776 oym.. 9cu rt ryYora SOIL CONSERVATION SERVICE 8 Mlaaeepolle.MN 65416.1228 ■e 2.6Y6 al5 r I I 1 I I i 1 I APPENDIX B LETTER FROM MINNESOTA DEPARTMENT OF NATURAL RESOURCES I I t I I I 1 I • STATE OF DEPARTMENT OF NATURAL RESOURCES 07 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 II DNR INFORMATION (612) 296-6157 I April 12, 1994 Elizabeth Dolezal Orr-Schelen-Mayeron & Associates 300 Park Place 5775 Wayzata Blvd. Minneapolis, MN 55416 Re: Project proposed for sections 16 & 17, T115N R22W; Scott County. I/ Dear Ms. Dolezal: The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within one mile of the above referenced project. Based on this review, there are no known occurrences of rare species or natural features in the area searched. The Natural Heritage database is maintained by the Natural Heritage Program and the Nongame Wildlife Program, a unit within the Section of Wildlife, Department of Natural Resources. It is the most complete source of data on Minnesota's rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features, and is used in fostering better understanding and protection of these rare features. The information in the database is drawn from many parts of Minnesota, and is constantly being updated, but it is not based on a comprehensive survey of the state. Therefore, there are currently many significant natural features present in the state which are not represented by the database. We are in the process of addressing this problem via the Minnesota County Biological Survey, a county-by-county inventory of rare natural features, which is now underway. However, Scott county has not been surveyed, and is not scheduled for survey within the next few years. Because there has not been an on-site survey of the biological resources of the project area, it is possible that ecologically significant features exist for 11 which we have no record. Thank you for consulting us on this matter, and for your interest in minimizing impacts on Minnesota's rare resources. Please be aware that review by the Natural Heritage and Nongame Programs focuses only on rare natural features. It does not constitute review or approval by the Department of Natural 11 Resources as a whole. •1 11 AN EQUAL OPPORTUNITY EMPLOYER 2 11 An invoice for the work completed will be forthcoming. You are being billed for map and computer search and staff scientist review. Billings are done quarterly by the State Department of Administration in March, June, September, and December. 11 Sincerely, n 4 p ,uti�x Laurie sovell 1 Endangered Species Environmental Review Assistant Na tural. Heritage and Nongame Research Program 612/296-7863 • • 111 I 1 1 I 1 1 nhp940317 1 1 i i 1 1 1 1 1 APPENDIX C LETTER FROM MINNESOTA HISTORICAL SOCIETY I 1 I 1 1 1 1 I 1 14,,111 MINNESOTA HISTORICAL SOCIETY May 3, 1994 IIMr. Jeffrey L. Lutz Orr Schelen Mayeron & Associates, Inc. II 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, Minnesota 55416 IIDear Mr. Lutz: Re: Expansion of gravel mining operation, NE/4 NW/4 & SW/4 NW/4 S16, T115, 11 R22 and SE/4 NE/4 S17, T115, R22, Shakopee, Scott County SHPO Number: 94-2264 II Thank you for consulting with our office during the preparation of an EAW for the above referenced project. There are no reported historic properties in the project area, and we feel 1 that the probability of any unreported properties is low. Therefore, based on available information, we conclude that project is unlikely to affect any his- toric properties. IIPlease note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, II procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office with reference to the appropriate federal agency. 1 Please contact Dennis Gimmestad at 612-296-5462 if you have any questions regarding our review of this project. II Sincerely,l i v L60714-b- Britta L. Bloomberg Deputy State Historic Preservation Officer IIBLB:dmb II II II345 KELLOGG BOULEVARD WEST/SAINT PAUL,MINNESOTA 55102-1906/TELEPHONE:612-296-6126 1 i 1 1 i 1 1 1 APPENDIX D WELL LOG i 1 1 1 1 1 1 i APR 26 '94 02:46PM AVR INC F.'•d • "Ids iNr Mlhheauin Vern*lodge I VI MAW IS II •= •" Wei WATER WELL RECORD MINNb.SOT.S UN/"t WtI2 Naj O C°"'"Y e Millirem*Slohare 1564.01,08 /or Weir Searkle 51 37 I Township Nape 'Township Num��.Range NumberSmoot Na. Friesen ,.WELL DEPTH tcompletd► Dew of Completes, 5/14/ //.5 AAE /6 tt W 4 H. / . et • NUlgeggall1126t Aadreta and Cry o ' I • anion or •ssui cc from Road Intersection. •Inn G METHOD gAtiVrE7Z-.64/ e,V 4 d. A-,,>/ 9,? 74' a a eaelerrit O Reverse a Dr,..n a Dug Show evdBatim d wii in asst gad with'•X." nyA/ez/ Siyoeh Lap of well Iowan.` D Helwwuaa 0 Air q Bard 0 111211111 II Addition Name ,' de.s Wetted 0 Power'ewer t DRILLLNG=ID •• - -4-11111 F RHO Number ' ��l/11I���.tr -I w 7.use � � 0 Dealntle O Monitoring to trump 9i art. Loc Nutntdet O keigaHon a Patein uwy 111 111=1111 ® O raft Well 0 Municipal 0 At 0 Mr icipal Conditioning O. }.——t,,,ly -i i tASiNG HOLE DIAM. 2.PROPERTY OWNER'S NAM£ Mailing Addteaa If different than r Pddtrai K$lat>< p Threaded =GMT:Abevd6dow y ez -�/s/&• indicated above. ".if0,0,E"'jir 12 .2,14% /0 wv weleed Surface It. I IZ A.44+/�a.1-1.� 0 1Ic-ti /tide Drive Shte2 Yes No-- G/ if-m.4 o work '? /11.2 , } Z m,to ft. wnd,t C �te./ft. n Ot• 13• ' FORMATION LOG I COLOR PO�RMNATi i-FROM TO ^+�in.to�LP1L._ft. Weight tbt-aft. -.?,,;11. It. Ii ! in.to II. Weights� ItaJrt. n.4124a. I (mtyin,6/ t/ 440, 9.SCREEN Or open Make IIfrotn. 2 ft.to rt- ��f f r b A 58, Type d. StSlot/Causet» .tgLength FITTINGS: r br g8 hire/ - ,5i r+ Set between ft, ft. I f� f 7N n 10.STATIC lr �, e Y Dote Measured ///9a 1-- (~ - - - lard surfou �[ It.PMPHHLEVL Milew land surface) drn...4177,4 ,.e.,-,:),,..„,4 ,./,‘„‘ /4.-. 4,�0 Sac 11Aft-after J hes.pumping n . glad, I = fl.alar hn pumping g.ps,,. 12.HEAD WEU.COMPLETION 0 Thiene adapter manufacturer -ekdN _ I . Cl Basement dugs 0M least 12"above Mend I 0 Rude using prosection_. —_ 13.WELL GROUTED? t17'1'es a No ,Neat Cadent 0 Bentonite O /� �j ' Grout material. }A�.'LG-'}� ' .from /�. to'•�'y�4 ft.cu.rds., /. ll NEAREST SOURCES OF POSSIBLE CONTAMINATION Qv / ten direction O'',672,- woe Well diefnfcctad upon cotnpietion? 0 Yes ❑civ Op/p /eJ`/ HI In tr 7 / Dau kteealkd �P 8 hot Installed ltanufaaurer'a name •t n - -" - nu -- 1{odet meter *Too . pl,-5HP ' v�d-t"- - ,Length of drop due / tt. CapodtY 745— L.Ain. I Mauro of drop pipe ;,- Typz dble 0 LS.Turbine 0 Redpr atimg T -- I - COO O Caltritupi 0 .._._ 16.ABANDON )W$1.15 Unwed weft CR mouse O Yea t1YSKa ' I ♦1K♦ttdYnd$ lot.U"did Sealed O Feannent O Terepora ry, 0 Not sealed 17.REMARKS.ELEVATION,SOURCE OF DATA.etc •IS.WAVER WELL CONTRACTOR CEKTYFICATOON / .1 / Tib Waft was drilled under my jurisdiction and this report is true to the test of my ',twerp,atm new. L4' 11 ander&sties NEW L.140. F ' / NWa Arise4 ia► wento we .../ Dal Maar f 1 brute, iMPORTAN'ri I 4.1 .I . a-..We ens!hV a � Memo To: Shakopee City Council From: Lindberg S. Ekola, Planning Director RE: Fischer Aggregates Late Comments Submitted by the MPCA Date: December 29, 1994 NON-AGENDA INFORMATION ITEM: The MPCA sent a second letter (December 16) to the City of Shakopee on the Fischer Aggregates EAW. This letter was submitted three weeks after the 30-day common period ended in late November. Legally, the comments from the December 16 letter do not need to be responded to by the City due to their late submittal. The comments are relatively insignificant in scope and do not alter staffs recommendation on the negative declaration for the EIS on this project. Staff is supplying this material to the City Council for background information purposes only. If you have any questions, please call me at 445-3650. Thank you. V sJ 1: 111- LAW OFFICES- - DEC Q(14 1994 SIEGEL, BRILL, GREUPNER & DUFFY, P.A. T DEC FORMERLY GROSSMAN. KARLINS, SIEGEL & BRILL RICHARD SIEGEL SHERRI L. ROHLF 1300 WASHINGTON SQUARE JOSIAH E. BRILL,JR. BRIAN E.WEISBERG JAMES R. GREUPNER 100 WASHINGTON AVENUE SOUTH ROSEMARY C. TUOHY GERALD S. DUFFY JORDAN M. LEWIS WOOD R. FOSTER,JR. MINNEAPOLIS, MINNESOTA 55401 JAMES A.YAROSH THOMAS H. GOODMAN KRISTI L. SKORDAHL JOHN S.WATSON TELEPHONE 16121 339-7131 WM. CHRISTOPHER PENWELL RETIRED TELECOPIER (612)339-6591 SUSAN M. VOIGT M. L. GROSSMAN ANTHONY J. GLEEKEL SHELDON D. KARLINS JOEL H. JENSEN Writer's Voicemail Number. 335-4151 December 23 , 1994 VIA FACSIMILE - 445-6718 AND REGULAR MAIL Mr. Lindberg Ekola City Planner City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Re: Fischer Aggregates Inc. Our File No. 15, 644-D-026 Dear Lindberg: As we discussed my client Fischer Aggregates, Inc. ("Fischer") has staunch objections to the Minnesota Pollution Control Agency's ("MPCA") December 16, 1994 letter to the City of Shakopee ("City") , as an untimely comment to the EAW being reviewed by the City for the Fischer mining operation. While Fischer's objections are contained in the attached correspondence to the MPCA, I am concerned that the MPCA's illicit letter will find its way to the City council during the EAW review process. That would be unfair and unwarranted. Fischer's objections to the MPCA's letter fall into two categories; (1) procedural, and (2) substantive. Procedurally, the MPCA's letter should not be considered by the City and should be expunged from the record. Minn. Rules Pt. 44101600, which regulates the EAW comment period, states that: A thirty day period for review and comment on the EAW shall begin the day the EAW's availability notice is published in the EQB Monitor. Written, and shall be submitted to the RGU during the thirty day review period. Mr. Lindberg Ekola December 23 , 1994 Page 2 It is my understanding that the thirty (30) day review period expired at the end of November, and therefore, the MPCA's December 16, 1994 letter is untimely, and should not be considered as part of the EAW review process. In its November 18, 1994 correspondence, the MPCA had its opportunity to comment on the EAW within the thirty (30) day period. As set forth in Fischer's enclosed letter to the MPCA, no "new information" arose following the November 18, 1994 letter. Even if it had, there is no provision in Minn. Rules 4410. 1600 that allows written comments following the thirty (30) day period. Accordingly, Fischer requests that the City not include the MPCA's December 16, 1994 letter in the EAW review packet to the City Council. Fischer's substantive objections to the MPCA's letter are set forth in the attached correspondence to the MPCA. Generally, the MPCA's comments do not "address the accuracy and completeness of the material contained in the EAW, potential impacts that may warrant further investigation before the project is commenced, and the need for an EIS on the proposed project. " (See, Minn. Rule Pt. 4410. 1600) . You should note that the MPCA does not recommend the preparation of an environmental impact statement (EIS) for the Fischer project. Fischer's substantive objections can be summarized as follows: 1. As to the alleged "Air Quality Issues" : (a) Fischer Aggregate, Inc. is a Minnesota corporation that operates the gravel operation within the City. The MPCA's comments regarding the challenged permit issues in Apple Valley, involve Fischer Sand and Aggregate Co. (FSA) which is a Minnesota partnership. (b) There has never been any air quality violation by Fischer Aggregates, Inc. in Shakopee. (c) The MPCA's comments regarding the FSA Apple Valley situation are gratuitous and made merely to jeopardize Fischer's permit with the City. 2 . As to the alleged "Water Permitting Quality Issues" , FSA has all necessary permits, including the NPDES/SDS general industrial permit for storm water management. No MPCA staff is "working with" Fischer Aggregates, Inc. on its Shakopee operation because no permit is necessary. Mr. Lindberg Ekola December 23 , 1994 Page 3 3 . The MPCA's comments regarding "Future Site Use Issues" is extraordinarily irresponsible. As you know, Kirsten Rojina, Fischer's engineer, has presented excessive testimony to the City regarding ground water, and the amount of overburden that will remain above the groundwater table. MPCA's comments completely ignore the fact that any time a layer of earth is removed the water table is brought closer to the surface. The MPCA's "boilerplate" blanket statements regarding "an area of concern" are for effect, and have no scientific basis. First and foremost, it is Fischer's position that the MPCA's December 16 letter should not be included in the EAW review record or the general record on this matter. As you can see from this correspondence and the correspondence sent to the MPCA, Fischer has taken the MPCA's comments very seriously and will take necessary actions to prevent further attacks. I would appreciate if you would review this correspondence and its enclosures and contact me on Tuesday, December 27, 1994. As we discussed, there should be a determination by the City regarding the MPCA's letter prior to Friday, December 30, 1994, the date in which the packets will be delivered to the City Council for the EAW review on January 3 , 1994 . I look forward to hearing from you. Very truly yours, Anthony J. Gleekel AJG:mkf Enclosure cc: Liza Robson John Voss Kirsten Rojina \\it 17,f 11 1,i LAW OFFICES DEC 2 3 1994 SIEGEL, BRILL, GREUPNER & DUFFY, P.A. FORMERLY GROSSMAN,KARLINS,SIEGEL 6 BRILL RICHARD SIEGEL SHERRI L. ROHLF JOSIAH E. BRILL.JR. 1300 WASHINGTON SQUARE BRIAN E.WEISBERG JAMES R.GREUPNER 100 WASHINGTON AVENUE SOUTH ROSEMARY TUOHY GERALD S. DUFFY ANNE KATHRYN LAWLER• WOOD R. FOSTER,JR. MINNEAPOLIS, MINNESOTA 55401 JORDAN M.LEWIS THOMAS H.GOODMAN JAMES A.YAROSH JOHN S.WATSON TELEPHONE (6121 339-7131 WM.CHRISTOPHER PENWELLRETIRED TELECOPIER (612)339-6591 M.L.GROSSMAN SUSAN M.VOIGT SHELDON D. KARLINS ANTHONY J. GLEEKEL December 22 1994 JOEL H.JENSEN / 'ALSO ADMITTED IN CALIFORNIA Mr. Charles Williams, Director Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Re: Fischer Aggregates, Inc. Dear Mr. Williams: The undersigned represents Fischer Aggregates, Inc. , a Minnesota corporation which currently owns and operates a gravel mining operation in the City of Shakopee. This letter is in response to a letter from your staff to the City of Shakopee dated December 16, 1994. For your information we are enclosing a copy of that letter. We are bringing this matter to your attention for several reasons. Initially, your staff has made a gratuitous comment, not essential to the EAW review process in Shakopee, which we believe was designed to jeopardize our client, Fischer Aggregates, Inc. 's permit in that city. The most troublesome aspect of that comment is that it describes an alleged air quality violation that does not involve Fischer Aggregates, Inc. Fischer Aggregates, Inc. is a Minnesota business corporation owned by Peter Fischer and Liza Robson. Fischer, Sand & Aggregate (FSA) is a Minnesota partnership, the managing partner of which is Mathias Fischer. The two are separate entities. There has never been any air quality violation, - whether real or imagined by your staff - by Fischer Aggregates, Inc. Your staff compounds that error and further magnifies it, by stating that "the City should be aware of this when making permitting decisions. " Even if Fischer Aggregates, Inc. was the subject of an Administrative Penalty Order (APO) - which it is not - your staff has no legal basis for making such an outrageous statement. The statement implies that if a company in the State of Minnesota should ever find itself the subject of an APO from the MPCA that other governmental entities should consider that in their decision making process. There is absolutely no legal basis for the MPCA to make that connection. That is especially so when it is not even the same legal entity, and the entity that is subject to December 22, 1994 Page 2 the APO has appealed it because it believes it is not an appropriate citation. Your staff has deprived FSA of its procedural and substantive due process rights guaranteed to it by the Minnesota Constitution and the Constitution of the United States. It has asked another governmental entity to presume as apparently your staff has, that FSA is guilty. Your staff's actions are an egregious violation of the constitutional rights of both Fischer Aggregates, Inc. and FSA. Such conduct cannot be countenanced. The outrageous conduct of your staff is further aggravated by the facts concerning the APO involving FSA. FSA has gravel operations in the City of Apple Valley. It has operated in the City of Apple Valley for over forty years. It has a well deserved record of working with the MPCA and other agencies to operate in an environmentally sensitive manner. Your staff's letter is carefully crafted to imply guilt on the part of FSA; guilt which your staff implies FSA admits by "working . . . to resolve the non-compliance. " That statement is a falsehood. In fact, FSA has appealed the APO and does not plan to work with your staff at all to resolve the "non-compliance". FSA has instructed this law firm to litigate the APO to the fullest extent permitted by law. We believe that when that process is completed, FSA will be totally vindicated and your staff's misconduct with regard to that APO and the alleged "non- compliance" will be exposed. The number of factual errors in your staff's letter also gives credence to our belief that your staff has embarked on a plan to harm Fischer Aggregates, Inc. In its initial letter of November 18, 1994, your staff had no negative comments concerning the EAW. Contrary to your staff's statement in the December 16, 1994 letter, there has been absolutely nothing new "which came to light after" the November 18, 1994 letter which would warrant a new and negative letter regarding the EAW. To suggest otherwise is simply untrue. Your staff's letter also suggests that there are "Water Quality Permitting Issues" because "it is working with Fischer to ensure that this site, as well as the company's other industrial operations are covered . . . ". Again that statement is a well- crafted effort to disparage Fischer Aggregates, Inc. It is also untrue. Your staff is not working with FSA on water quality permitting issues. FSA has all necessary permits for its operations in Apple Valley. Your staff is not "working with" Fischer Aggregates, Inc. on its Shakopee operation because no permit is necessary. P • December 22, 1994 Page 3 Furthermore, your staff knows that there is no likelihood of "erosion from its facility, particularly p y tow and Dean's Lake". That is another gratuitous comment carefully crafted to cause Fischer Aggregates, Inc. permitting problems in Shakopee. Fischer Aggregates, Inc. bought an existing gravel operation - one your staff has reviewed and commented upon in the past. Your staff knows that there is no otentialthat for t ype of erosion or for "surface water discharge of wash water" or "pit dewatering water". In fact, your staff has never sent a letter with such carefully crafted negative comments concerning this site until FSA had the temerity to challenge an APO on a different site. Additionally, your staff's gratuitous comment concerning "Future Site Use Issues" needs comment. Aside from the fact that it is totally gratuitous, it implies environmental problems peculiar to gravel mining operations as interim uses. It goes without saying that anytime a layer of earth is removed itwater brings the yt y t able closer to the surface. If that standing alone is sufficient to be "an area of concern" for your staff, you will need a much larger staff. It is not the purpose of the MPCA staff when commenting menting on an EAW proposing a current use to speculate - with no scientific basis other than the obvious - on problems with "potential future uses" . In our experience this is a new and a very troublesome departure from previous MPCA staff comments. Again, one can only conclude that the comment was made solely to create difficulties for Fischer Aggregates, Inc. , in its permitting process in Shakopee. Finally, the MPCA's total disregard for the EAW regulations is alarming. Your staff's letter was submitted far beyond the thirty (30) day comment period that lapsed in late November (See Minn. Rules Pt. 4410. 1600) . Apart from ignoring the comment period your staff disregarded the regulatory limitation on the substance of comments on the subject EAW. Minn. Rules Pt. 4410.1600 states inter alia: The comments shall address the accuracy and completeness of the material contained in the EAW, potential impacts that may warrant further investigation before the project is commenced . . . Your staff's December 16, 1994 letter is well beyond the scope allowed by the Rule. The Rules were not promulgated as a platform for the MPCA staff to engage in unwarranted and irrelevant attacks for ulterior purposes. December 22, 1994 Page 4 FSA has been in business many years providing valuable raw materials to Minnesota's construction industry. It has a good record of working with your agency and does not deserve the negative comments of your staff. Fischer Aggregates, Inc. is a new business. Peter Fischer and Liza Robson, it's owners, have invested money to purchase an existing gravel operation with a goal to upgrading it. The loss or any delay in receipt of a permit from the City of Shakopee could result in the loss of hundreds of thousands of dollars for the company. It could also mean the loss of jobs for its employees. We request an immediate meeting with you to discuss what steps the MPCA will take to rectify the potential harm caused by your staff's letter of December 16, 1994. Please contact the undersigned to schedule a meeting. Very truly yours, Gerald S. Duf /� GSD/lmm cc: Governor Arne Carlson Mathias Fischer, Fischer, Sand & Aggregate Liza Robson, Fischer Aggregates, Inc. Lindberg Ekola, City of Shakopee Minnesota Pollution Control Agency • December 16, 1994 Mr.Lindberg Ekola,Planning Director City of Shakopee 129 Holmes Street • Shakopee,Mmaesota 55379 Re: Fischer Aggregates,Inc.Environmental Assessment Worksheet(EAW)— Additional Comments Dear Mr.Ekola: The Minnesota Pollution Control Agency(MPCA)staff has completed a review of the above-referenced project As noted in our Novel ober 18, 1994 letter the MPCA staff does not recommend the preparation of an Environmental Impact Statement(EIS)for MPCA-related approvals. We do,however,provide the following comments,which • reflect additional concerns which came to light after the previous letter was sent These comments also include those listed in our previous letter. We hope this does not cause any confusion or inconvenience,and trust that this information will be useful to the city's decision process. Water Quality Permitting Issues: . • Based on the information presented in the EAW,the\MCA Water Quality Division staff has determined that an individual National Pollutant Discharge Elimination System/State Disposal System(NPDES/SDS)pezmit is not now required for the sand and gravel operation. Such an individual permit would be needed if there were a surface discharge of wash water or pit dewatering water from the facility toward Dean's Lake or other nearby surface waters;if this were to occur,the company must apply for an individual NPDES/SDS permit at least 180 days before the planned discharge. We are working with Fischer to ensure that this site,as well as the company's other industrial operations,are covered by NPDES/SDS general industrial permit MN 0610000, for storm water management. It is important that the company prevent erosion from its facility,particularly toward Dean's Lake. _ 520 Lafayette Rd.N.;St.Paul,MN 55155-4194;(612)2984300(voice):(612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on recycled oats containerg at toast 10%fibers mom paperrecycled try consumers. • ' Mr.Lindberg Ekola,Planning Director Page 2 The EAW does not ineiratr that asphalt hot mix operations are planned for the site. • Should such operations be proposed,MPCA air and water quality permit approvals would be needed. Air Quality Issues: . • • The MPCA issued an Administrative Penalty Order(APO)against Fischer Sand and Aggregate for violations of MPCA Air Quality Rules. An meal of the APO by Fischer is now pending.and MPCA staff are working with Fischer to resolve the 'noncompliance. The city should be aware of this when malting permitting decisions. • For more information on the APO,contact Mans-Walter Peterson at 612/297-7152. Future Site Use Issues: An area of concern which was not fully addressed was the eventual end use of the facility. Potential end uses mentioned in the EAW range from agricultural use for raising of crops to residential development to development of industrial uses. By lowering the ground surface elevation through quarrying,the depth to ground water correspondingly diminishes,and the potential for ground water contnniration increases. We encourage the city to chose a final end use plan that will provide the maximum protection for ground water. • We apologize for any confusion which may result from our two letters regarding this EAW. If you have any questions,please do not hesitate to contact Gretchen Sabel of my staff at 612/297-1766. Sincerely, 4:1119444 girtese • Paul Hoff Director Environmental Planning and Review Office Administrative Services Division PH:c1 • cc: Fischer Sand&Aggregate Scott County Soil and Water Conservation District, Pat Lynch,DNR-Waters • Shakopee Basin Watershed Mngt.Organization Lower Minnesota River WMO Scott County Planning&Zoning. AT Minnesota Pollution Control Agency DEC 2 01994 December 16, 1994 Mr. Lindberg Ekola, Planning Director City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Re: Fischer Aggregates,Inc. Environmental Assessment Worksheet(EAW)— Additional Comments Dear Mr. Ekola: The Minnesota Pollution Control Agency (MPCA) staff has completed a review of the above-referenced project. As noted in our November 18, 1994 letter the MPCA staff does not recommend the preparation of an Environmental Impact Statement(EIS) for MPCA-related approvals. We do, however,provide the following comments,which reflect additional concerns which came to light after the previous letter was sent. These comments also include those listed in our previous letter. We hope this does not cause any confusion or inconvenience, and trust that this information will be useful to the city's decision process. Water Quality Permitting Issues: Based on the information presented in the EAW, the MPCA Water Quality Division staff has determined that an individual National Pollutant Discharge Elimination System/State Disposal System(NPDES/SDS)permit is not now required for the sand and gravel operation. Such an individual permit would be needed if there were a surface discharge of wash water or pit dewatering water from the facility toward Dean's Lake or other nearby surface waters; if this were to occur, the company must apply for an individual NPDES/SDS permit at least 180 days before the planned discharge. We are working with Fischer to ensure that this site, as well as the company's other industrial operations, are covered by NPDES/SDS general industrial permit MN G610000, for storm water management. It is important that the company prevent erosion from its facility, particularly toward Dean's Lake. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194;(612) 296-6300 (voice); (612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall Rochester Equal Opportunity Employer•Printed on recycled paper containing at least 100/0 fibers from paper recycled by consumers. Mr. Lindberg Ekola, Planning Director Page 2 The EAW does not indicate that asphalt hot mix operations are planned for the site. Should such operations be proposed, MPCA air and water quality permit approvals would be needed. Air Quality Issues: The MPCA issued an Administrative Penalty Order(APO) against Fischer Sand and Aggregate for violations of MPCA Air Quality Rules. An appeal of the APO by Fischer is now pending, and MPCA staff are working with Fischer to resolve the noncompliance. The city should be aware of this when making permitting decisions. For more information on the APO, contact Hans-Walter Peterson at 612/297-7152. Future Site Use Issues: An area of concern which was not fully addressed was the eventual end use of the facility. Potential end uses mentioned in the EAW range from agricultural use for raising of crops to residential development to development of industrial uses. Bylowering the ground surface elevation through quarrying,the depth to ground water7.4iteg correspondingly diminishes, and the potential for ground water contamination 54 44 increases. We encourage the city to chose a final end use plan that will provide the maximum protection for ground water. We apologize for any confusion which may result from our two letters regarding this EAW. If you have any questions,please do not hesitate to contact Gretchen Sabel of my staff at 612/297-1766. Sincerely, fe,...t Ave' Paul Hoff, Director Environmental Planning and Review Office Administrative Services Division - PH:cl cc: Fischer Sand&Aggregate Scott County Soil and Water Conservation District, Pat Lynch, DNR-Waters Shakopee Basin Watershed Mngt. Organization Lower Minnesota River WMO Scott County Planning & Zoning. - _ _ 2 • -__ fes, Minnesota Pollution Control Agency 4 � ,. November 18, 1994 c/v f.� Mr. Lindberg Ekola,Planning Director City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Re: Fischer Aggregates, Inc. Environmental Assessment Worksheet Dear Mr. Ekola: The Minnesota Pollution Control Agency(MPCA) staff has completed a review of the above-referenced project. Relative to those areas for which the MPCA has jurisdiction, the staff does not recommend the preparation of an Environmental Impact Statement (EIS)for MPCA-related approvals. We do,however,provide the following comments. An area of concern which was not fully addressed was the eventual end use of the facility. Potential end uses mentioned in the Environmental Assessment Worksheet(EAW)range from agricultural use for raising of crops to residential development to development of industrial uses. By lowering the ground surface elevation through quarrying,the depth to ground water correspondingly diminishes, and the potential for ground water contamination increases. We encourage the city to choose a final end use plan that will provide the maximum protection for ground water. Thank you for the opportunity to review this EAW. If you have any questions,please do not hesitate to contact Gretchen Sabel of my staff at 612/297-1766. Sincerely, 96A0e aire Paul Hoff, Director Environmental Planning and Review Office Administrative Services Division PH:cl 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612)296-6300(voice); (612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on recycled paper containing at least 10%fibers from paper recycled by consumers. _ CONSEN1 / c:1 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Group Insurance Renewal DATE: December 16, 1994 Introduction Council authorization for executing group insurance coverage is requested. Background The city is required to get proposals for group insurance every 5 years. The city took proposals last year. The rates for life and long term disability are not changing and combined are about $25 per month per employee. Health insurance increases are reasonable in view of the prior two years and the group did have a couple of large claims last year. Monthly rates are; 1994 1995 Single $111.24 $127.93 Two party 263.13 302.60 Family 338.72 389.53 Action Requested Move to authorize the City Administrator to execute the renewal contract for 1995 employee group health insurance with BlueCross/BlueShield, Minnesota Mutual for 1995 life insurance and Fortis Benefits for 1995 long term disability insurance. memo\95blues I 3 e CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 12/29/94 . Included in the bill list is payment to Christy Collicott in the amount of $325. 00 for mileage to travel to Shakopee for an employment interview and payment to Super Eight in the amount of $39. 30 for lodging. The previous bill list also included a similar amount for lodging but Finance failed to note it at the time. Also included is a check in the amount of $390.23 to Ries Heating for parts ordered by the Fire Chief. 1 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/29/94 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 67,420 4,453 48,331 72 12 CITY ADMINISTRATOR 194,060 17,534 184,274 95 13 CITY CLERK 116,690 11,012 111,617 96 15 FINANCE 278,660 20,981 262,981 94 16 LEGAL COUNSEL 185,970 21,208 160,696 86 17 PLANNING 408,130 34,812 370,373 91 18 GENERAL GOVERNMENT BUILDINGS 115,790 9,158 112,575 97 31 POLICE 1,389,520 143,444 1,335,155 96 32 FIRE 865,310 33,461 841,920 97 33 INSPECTION-BLDG-PLMBG-HTG 187,120 16,971 170,055 91 41 ENGINEERING 355,480 30,841 291,927 82 42 STREET MAINTENANCE 586,820 40,524 . 459,439 78 44 SHOP 185,050 11,309 181,299 98 46 PARK MAINTENANCE 307,270 15,139 288,558 94 61 POOL 150,300 384 143,594 96 64 RECREATION 209,380 17,280 191,744 92 91•UNALLOCATED 316,264 87 23,807 8 TOTAL GENERAL FUND 5,919,234 428,598 5,178,345 87 17 PLANNING 360,860 24,066 315,910 88 TOTAL TRANSIT 360,860 24,066 315,910 88 12 CITY ADMINISTRATOR 165,693 6,489 142,576 86 TOTAL HRA 165,693 6,489 142,576 86 00 N/A 2,135,700 0 747,302 35 TOTAL CAPITAL EQUIP REVOLVING FUND 2,135,700 0 747,302 35 . . 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N CO CO OO H OT H Vl co H v.) co co H V} V} V} N V> CO- CO. r.-I .7 V} V} V} 0% ON H 0 c'1 V °' A a w w cd w A „a A w a+ w w 3 d )+ Z > 0 0 0 CO Z Z w 3 •3 � a H Z d' H H .may i g Z H Z N - H P4 "J' PG d' W 6 it% CT CT Z 0 W CO W CO 0 H x U A H H CO CO cw W A OH in '.I u1 .t 1- 0 0 0 0 0 W 0 H H N N M Cfl H 01 4t - 0% a",,, 0 H .-4 �t st �t 4t N N N CO O' U 14 H # # # # # # 4k # 4k # # # U Z A A A A A A A _ A A A A A • =Z Z Z Z -Z Z Z Z Z -Z Z Z O A A D A P A A D A D 0 A 0 4+ 4+ ka k+ L*+ L*+ W W W W - 4+ W CONSENT MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne 1 DATE: December 12, 1994 RE: Probation Termination BACKGROUND: Mark Erickson started working for the City on June 22, 1994 . His six month probationary period will be over on December 22, 1994 . His work has proven satisfactory; in fact, he has done well . ALTERNATIVES: i . Terminate Mark Erickson' s probationary status . 2 . Extend his probationary status another six months . 3 . Terminate his.employment with the City. RECOMMENDATION: Terminate Mark Erickson' s probationary status. - The Shakopee ValleyNews - 127 Marschall Road • Shakopee, Minnesota •55379 CONSENT ; . December 28, 1994 Dennis R. Kraft City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 • Dear Mr. Kraft, Please consider our request for appointment of the Shakopee Valley News as the official newspaper for the City of Shakopee in 1995. Legal notices published in the Shakopee Valley News during this time period will be billed at the rate of$7.30 per column inch for the first insertion and $5.25 per column inch per subsequent • insertions. A complete guide outlining our procedures and rate structure,as well as a copy of our certification from the Secretary of State's office which enables us to publish legal notices, is also enclosed. In accordance with Minnesota Statute 331A.02, the Shakopee Valley News has met certain • f" qualifications in order to become a legal newspaper in order to better serve the community. Some ;� . •` of the qualifications we must meet to become a legal newspaper include: distribution of the paper at least once a week for50 weeks out of the year;be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, l' or have at least 500 copies regularly distributed without charge to local residents; have its known office of issue established either in the county in which it lies in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county;file a copy of each • issue immediately with the state historical society; etc. These are just a few of the stringent - guidelines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal a": to serve you as your legal newspaper for the coming year. Thank you for the opportunity to be of service to you in the past. We hope that relationship can be co' i ued in the coming year. R-.p: tf,ly, : a 'olfsrud Publisher RECOMMENDED ACTION: Move to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1995. CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Shakopee Senior Graduation Party, Inc. DATE: December 27 , 1994 INTRODUCTION: The Shakopee Senior Graduation Party, Inc. is asking the City Council to waive the City's 30 day review period for their application for an exemption from obtaining a gambling license. BACKGROUND: The Shakopee Senior Graduation Party, Inc. desires to obtain authorization for exemption from lawful gambling license from the State Gambling Control Board. Prior to granting such an exemption status, the municipality in which the activity is to be conducted, has 30 days in which to request denial by the Gambling Control Board. The Shakopee Senior Graduation Party, Inc. can not wait for 30 days to pass because their raffle is scheduled for February 25th and they need to receive the exemption so that they can start selling raffle tickets. The Shakopee Senior Graduation Party, Inc. will certainly be complying with the city code which requires that 75% of its expenditures for lawful purposes be spent on lawful purposes conducted or located within the city's trade area. RECOMMENDED ACTION: Move to waive the 30 day review period for the Shakopee Senior Graduation Party, Inc. 's application for authorization for exemption from lawful gambling license and approve said application. 15 MEMO TO: The Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Night Time Illumination of Flags on City Properties DATE: December 28, 1994 INTRODUCTION: Councilor Brekke has requested that the City Council discuss the illumination of flags which are flown 24 hours a day and located on City property. BACKGROUND: The proper etiquette for the display of the American Flag requires that if a flag is to be flown 24 hours a day the flag should be illuminated during the evening hours. It is also appropriate to have the flag lowered at dusk and raised at sun rise. Currently there are four City properties which either display flags or have flag poles for the purpose of displaying flags . The flag at the Police Station/Public Works facility is flown 24 hours a day and does have lights which illuminate the flag during the hours of darkness . There are several flag poles at the Community Youth Center. Currently there are no flags being flown at the Youth Center but the flags can be illuminated if they are flown. The flag pole at the City Hall is not illuminated and also the flag which is flown at the Fire Department falls into this same category. RECOMMENDATION: It is recommended that the City Council either (a) direct that lights be installed to illuminate the flags at the City Hall and Fire Department or (b) that the flags be lowered during the hours of darkness and raised during the day light hours. The later mentioned option would pose some difficulties in that there are not people at either the City Hall or the Fire Station during the hours of dusk. The City Council should discuss this item and provide appropriate direction to staff . ACTION REQUESTED: Move to direct staff to (a) seek quotes to provide for the installation of lights to illuminate the flags at the City Hall and the Shakopee Fire Department or, (b) direct that any flag not properly illuminated be lowered prior to the hours of darkness . MEMO TO: Shakopee City Council FROM: Gary Laurent, Mayor RE: 1995 Liaison/Related Appointments DATE: December 29, 1994 Consistent with past Council practices I 'm hereby making the following recommendations for appointments for 1995 : Shakopee Public Utilities Commission Liaison-Bob Sweeney Murphy's Landing Liaison-Joan Lynch Independent School District #720 Liaison-Jon Brekke Scott County Board of Commissioners Liaison-Bob Sweeney Shakopee Convention and Visitors Bureau-Mike Beard Association of Metropolitan Municipalities (AMM) -Joan Lynch Alternate to AMM-Jon Brekke Suburban Rate Authority-Mike Beard Suburban Rate Authority Alternate-Bob Sweeney Vice Mayor, City of Shakopee-Bob Sweeney I would appreciate the City Council endorsing the above mentioned appointments. The Suburban Rate Authority specifically requires a resolution for the appointment of both the Director and Alternate Director from the City of Shakopee . Therefore a resolution is attached to this memo. While the Mayor does not have the authority to appoint the Chair of the Housing and Redevelopment Authority, I would like to recommend that Michael Beard be elected to that position by the members of the HRA. ACTION REQUESTED: 1) Move to approve the appointments as above mentioned. 2) Move to adopt Resolution No. 4149, a resolution designating a Director and Alternate Director to the Suburban Rate Authority. RESOLUTION NO. 4149 • A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as follows : is hereby designated to serve as a Director of the Suburban Rate Authority and is hereby designated to serve as the Alternate Director of the Suburban Rate Authority for the year 1995 and until their successors are appointed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: City Council and City Administrator FROM: Gary L. Laurent, Mayor RE: Council Meeting Objectives and Procedures DATE: December 27, 1994 As I have indicated in the past it is my belief we can best serve the interests of our City by conducting Council meetings in a fashion which accomplishes the meeting objectives outlined below. Although it is a major duty of the Mayor to bring order and direction to meetings the responsibility for process is shared with Council and staff . While the following comments are not new to City Council members, I believe it is benefical to review and adopt them on an annual basis . MEETING OBJECTIVES: While not necessarily a complete list of meeting objectives, the following were previously considered when proposing certain meeting procedures . Meeting should (in no order of importance) : - Be concise - Be understandable (by Councilmembers, staff, recording secretary, attenders, the press and TV audience - Be accountable (to the citizens being represented) - Be open to public input - Allow ample opportunity for discussion and fair representation of all ideas and opinions - Encourage staff input of material fact and staff conclusions - Enhance the image of the City - Be respectful to all people - Conduct the business of the City with the interests of the overall community guiding the decision making process. MEETING PROCEDURES: The following are a reiteration of previously adopted meeting procedures . I am once again recommending that we: - Limit the "Liaison Reports" section of the agenda to just liaison reports - Continue to include "Other Business" a regular part of every agenda - Continue to include "Mayor's Report" as a regular part of every agenda - Allow the audience to speak to the consent agenda regarding the removal of an item from consent - Generally maintain strict adherence to parliamentary procedure (but not absolute ! ) - Enforce that only those having the floor as recognized by the chair shall speak - Encourage both audience and Councilmembers to address the chair - Encourage that motions be descriptive of action sought i .e. not simply "move the requested action" . - Make a strong effort to make motions only in the affirmative - Allow any member to make modifications to a motion, if acceptable to the maker, but only, prior to the start of discussion as signalled by the chair; (After discussion has begun a motion can be altered only be a successful motion to amend) - Disallow discussion on a motion until seconded or declared dead - Generally follow that the member who makes a motion will be given the first opportunity to speak in discussion - Generally recognize any member who has not spoken on a question over one who has - Discourage cumbersome, lengthy and numerous amendments to a motion - Rule against explanation of vote by members during voting - Delete "automatic" roll call votes - Declare a unanimous vote if a motion receives any votes on one side and non on the other - Generally, report by the chair the results of all votes indicating those members in the majority - Delete the need for motions for minor actions which can be handled more informally by general or unanimous consent - Make every effort to be protective of staff, Council and citizens from personal or unnecessary derogatory attacks CONSENT AGENDA: If Councilmembers desire to abstain on a particular item on the consent agenda they can inform the chair that they will be voting on the consent agenda, but that they want minutes to show that they have abstained on a particular item. CONCLUSION: I will focus most of my attention during meetings on the process of the meeting itself. I still, however, will need your assistance in maintaining proper meeting procedure. That is our challenge . It' s easy to drift away. Please do not take my enforcement of procedure personally and please let me know (preferably after the meeting) if you think I was out of line. Please also discuss with me any ideas or consensus you may have for the way meetings are run or any other issue which can improve our City. The contents of this memo will be discussed at our meeting on January 3, 1995 . However, if you have a major concern about any of the above, please contact me prior to the meeting for explanation and discussion. REQUESTED ACTION: 1 . Endorse Council Meeting Objectives and Procedures as outline, or; 2 . Amend and endorse Council Meeting Objectives and Procedures . CONSENT l� MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Request For Deferment of Special Assessments DATE: December 29, 1994 INTRODUCTION: Application has been made by Elsie Stemmer asking that the special assessments for her homestead be deferred. BACKGROUND: The City Code allows for the deferment of special assessments for applicants 65 years of age or older when certain requirements are met. Ms. Stemmer has completed the application and based upon the information provided does meet the requirements for deferment. Ms. Stemmer received special assessments in the amount of $1,849. 63 for improvements to 4th Avenue in conjunction with the 1993 Reconstruction Project. RECOMMENDED ACTION: Approve the application from Ms. Elsie Stemmer, 515 East 4th Avenue, and grant deferment of special assessments to parcel #27- 001825-0 for the 1993-7 1993 Reconstruction Project, pursuant to the conditions outlined in Section 2 .82 of the City Code. • / - SENIOR CITIZEN HARDSHIP SPECIAL ASSESSMENT DEFERRAL - SHAKOPEE, MINNESOTA Senior citizens may have their special assessments deferred if they meet the following requirements : a . Applicant is 65 years of age or older. b. Applicant is the owner of the property applied for , which must be the homestead of the applicant . c . The annual gross income of the applicant and any other owner who resides with the applicant does not exceed the Section 8 Low Income Limits for the past calendar year. Alternately the applicant rnav suhmi t data on average income for the three years prior to the year in which the application is made . '12,0v0 d . The gross assets of the owner or owners residing on the property cannot exceed 4-.7.47-194 These assets do not include the applicants homestead property. e. The Assessor ' s Market Value of the applicants homestead r�� property can not exceed SCrC , OCC . If a senior citizen, aged 65 or older , does not meet the re- quirements set out above;tbut , does feel his assessment would be a hardship, may apply. The City Council will review the circum- stances surrounding the hardship and make a determination as to whether the deferrment should be granted . Deferrments will not be granted for assessments of less than $100.00. TERMINATION CF DEFERRMENTS Please understand that the deferred assessment will bear interest at the rate of 8'/, per year, unless provided otherwise under the resolution adopting said assessments , and that the interest will be paid when the deferrment ends . If granted, your deferred assessment will terminate at the following times : a . Upon the death of the owner , provided that spouse is not otherwise eligible for the benefits . b. Upon the sale , transfer , or subdivision of the property or any part thereof. c . Upon the property losing its homestead status . d . Upon the City of Shakopee ' s determination that the hard- ship has ended so that immediate or partial payment is required . 3/31/82 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Electrical Contract - Inspector Service Agreement DATE: December 28, 1994 1)9V° INTRODUCTION: Since 1988 the City of Shakopee has contracted out for electrical inspector services. The current electrical contractor agreement expires on December 31, 1994 . BACKGROUND: Electrical inspections are generally handled through the State of Minnesota. Since 1988, the City has elected to place on contract with the City a State approved electrical contractor. Our current contractor, Mr. Terry Krominga has been under contract with the City of Shakopee since 1988 . By placing the State electrical inspector under the City's control via a consultant agreement, the City is able to achieve preferential service in terms of when inspection service is available. The City is also able to retain approximately $3, 000 . 00 per year in electrical inspection fees that would not be available if we operated under the standard State contractor scenario. Shakopee's electrical inspection fees follow the State electrical code fee schedule. The proposed service agreement with Mr. Krominga would pass on 80% of the electrical inspection fees collected to Mr. Krominga for his services . This is consistent with previous years agreements. Staff has been very pleased with Mr. Krominga's services and is recommending that the appropriate City officials be authorized to execute the electrical consultant contract with Mr. Terry Krominga for the 1995 calendar year. ALTERNATIVES : 1 . Authorize the appropriate City officials to execute the electrical consultant contract with Mr. Terry Krominga for calendar year 1995 . 2 . Do not enter into an electrical consultant contract with Mr. terry Krominga for 1995 . 3 . Seek other sources to perform electrical inspection services in 1995 . STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to execute the electrical consultant contract with Mr. Terry Krominga for calendar year 1995 . BAS/tiv TAMI\ADMIN\ELECTRIC CONSENT EXPLANATION TO ORDINANCE 396 ORIGINATING DEPARTMENT: Law Department PURPOSE: To adopt regulations relating to rollerblading and other nonmotorized wheeled transportation. REMARKS : During last summer we received some complaints regarding kids on rollerblades. A review of the City Code revealed that we have no ordinances regulating their behavior. Rollerbladers should be bound by the rules of the road and courtesy similar to bicyclists. Therefore, the bicycling ordinance was revised to cover rollerbladers. Since roller-skis, rollerskates, skateboards, and scooters pose similar problems, all these nonmotorized wheeled modes of transportation were lumped together. By limiting the application of this ordinance to transportation which travels at a pace faster than a walk, wheelchairs and wheeled walkers were exempted. ACTION REQUESTED: Offer Ordinance No. 396 , an ordinance amending the City Code, Chapter 8, Traffic Regulations, by repealing Sec. 8 . 06, Bicycles, and enacting one new section in lieu thereof, applying to all nonmotorized wheeled transportation, and move its adoption. Submitted by: ity At orney' [21MEMO] ORDINANCE NO. 396 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY CODE, CHAPTER 8, TRAFFIC REGULATIONS, BY REPEALING SEC. 8 . 06, BICYCLES, AND ENACTING ONE NEW SECTION IN LIEU THEREOF APPLYING TO ALL NONMOTORIZED WHEELED TRANSPORTATION. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 - That City Code Chapter 8, Traffic Regulations, is hereby amended by repealing Sec. 8 . 06, Bicycles, and enacting one new section in lieu thereof, which shall read as follows : "SEC. 8.06. NONMOTORIZED WHEELED TRANSPORTATION BICYCLED. Subd. 1. Application. The provisions of this Section shall apply to all nonmotorized wheeled transportation which travels at a pace faster than a walk. This includes but is not limited to bicycles, rollerblades, rollerskates, skateboards, and scooters. For purposes of this section, a person using such nonmotorized wheeled transportation shall be referred to as being "on wheels" . Subd. 2 1. Traffic Laws Apply. Every person on wheels on riding a bicycle upon a roadway or upon any path set aside for the exclusive use of nonmotorized wheeled transportation bicycico shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under by this Chapter, except as to opccial rcgulation3 in thin Chapter and cxccpt a3 to those provisions of this Chapter which by their nature can have no application. Subd. 3 a. Manner and Number Riding. A. It is unlawful for any person propelling a bicycle to ride other than upon or astride a permanent and regular seat attached thereto. B. No nonmotorized wheeled transportation bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. Any baby r cxccpt on a baby 3c1at attached to thc bicycle, provided that Such seat shall be 4 equipped with a harness to hold the child securely in the seat and provide that protection i3 provided against the child' s feet hitting the spokes of a thc wheel or in a Scat attached to the bicycle operator. Subd. 4 4. Hitching Rides. It is unlawful for any person on wheels riding upon any bicycle, coa3tcr, roller 3katc3, olcd or toy vehicle to attach the same or himself or herself to any vehicle upon a roadway. Subd. 5 4. Where to Ride. A. Every person on wheels operating a bicycic upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. B. Persons on wheels riding bicycico upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of nonmotorized wheeled transportation breyeles C. Whenever a uoablc path for nonmotorized wheeled transportation bicycico has been provided adjacent to a roadway, a person on wheels bicycic ridcro shall use such path and shall not use the roadway. D. Persons on wheels are prohibited on private property without the express permission of the property owner. E. Persons on wheels other than bicycles are prohibited on any state highway or county road, in the industrial park, and on the busiest streets. These streets are as follows : 1 . 1st Ave. (Highway 101) its entire length 2 . 4th Avenue from Cass to Co. Rd. 83 3 . 6th Ave. from Holmes St.. west to 10th Ave. 4 . 10th Ave. west of Harrison 5 . 12th Ave. from Co. Rd. 83 to Valley Park Drive 6 . 13th Ave. east of Bloomington Ferry Bridge Road (Co. Rd. 18) 7 . Adams Street (Co. Rd. 15) its entire length 8 . Bloomington Ferry Bridge. Road (Co. Rd. 18) its entire length 9 . Co. Rd. 14 its entire length 10 . Co. Rd. 42 its entire length 11 . Co. Rd. 77 from Marschall Road (Co. Rd. 17) to Spencer Street (Co. Rd. 79) 12 . Co. Rd. 83 13 . Eagle Creek Boulevard (Co. Rd. 16) from Marschall Road (Co. Rd. 17) to Bloomington Ferry Bridge Road (Co. Rd. 18) 14 . Fuller Street its entire length 15 . Highway 169 its entire length 16 . Marschall Road (Co. Rd. 17) its entire length 17 . Shenandoah Drive its entire length 18 . Spencer Street (Co. Rd. 79) south of 10th Ave. 19 . Valley Industrial Boulevard its entire length 2 20 . Valley Park Drive from 12th Ave . to Highway 101 21. Vierling Drive its entire length Subd. 6 S. Right of Way Cidcwalks. Whenever a person on wheels is on io riding a bicycle upon a sidewalk or private Property, such person shall yield the right of way to any pedestrian - - _ _ - - - - _ ' _ - - 'final bcforc overtaking and pa33ing ouch pcdc3trian. Subd. 7 S. Carrying Articles. It is unlawful for any person operating a bicycle to carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars. Subd. 8 Lighting and Brake Equipment. A. Bicycle Lights and Reflectors . Every bicycle when in use at nighttime shall be equipped with, or it3 operator Shall carry, a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Department of Public Safety which is visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. In addition, each bicycle shall have reflective materials on each side of each pedal clearly visible from the front or the rear. B. Reflective Clothing. Between sunset and sunrise, each person on wheels shall wear clothing with a minimum of 20 square inches of reflective surfaces on the front and on the back, which is visible for a distance of 600 feet . Persons on bicycles with lights and reflectors as specified above shall not be required to wear reflective clothing. No peroon may, after January 1, operator i3 equipped with reflective 3urfacco that feet when viewed in front of lawful lower bcam3 of ' - - _ _ - - - - -tcrialo on each Side of each pedal to indicate their prcocncc from the front or the reflective material . All reflective materials uocd in 3 compliancc with thio Subdivi3ion shall meet the requirements ae prescribed by the Commissioner of Public Safety. C B. Brakes. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement . Subd. 9 4. Sale of Bicycles With Rcflectoro. It is unlawful for any person to sell or offer for sale any new bicycle unless it is equipped with such reflectors as are prescribed above 4.ft €ubdivi3ion 7. " Note : The rcdlincd language is deleted; the underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 8 . 99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk A7----) j------ Approved as to form: II 47/ City Attorney i v Published in the Shakopee Valley News on the day of , 1995 . [21MEMO] 4 CONSENT EXPLANATION TO ORDINANCE 397 ORIGINATING DEPARTMENT: Law Department PURPOSE: To exempt military surplus purchases and sales from the Secondhand Dealer' s Licensing provisions. REMARKS: At the December 20, 1994, City Council meeting the City Council approved a request by Surplus & Military Hardware to allow the purchase and sale of military surplus items without complying with the Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers licensing provisions. All purchases would be made through federal offices or military wholesale offices, except for military clothing. This eliminates most opportunities for stolen property to be in the store. Therefore, staff has prepared a simple amendment to exempt this category of sales of used goods. Robert Moreland, of Surplus & Military Hardware, has reviewed this language and indicated that it meets his needs . ACTION REQUESTED: Offer Ordinance No. 397 , an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, Sec. 6 . 28, Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, Subd. 2, Definitions, by repealing paragraph F and enacting one new paragraph in lieu thereof, and move its adoption. Submitted by: Aier)- Aro City Attorney [22MEMO] ORDINANCE NO. 397 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SEC. 6 . 28, PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS, SUBD. 2, DEFINITIONS, BY REPEALING PARAGRAPH F AND ENACTING ONE NEW PARAGRAPH IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, Sec. 6 .28, Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, Subd. 2, Definitions, is hereby amended by repealing paragraph F and enacting one new paragraph in lieu thereof, which shall read as follows : SEC. 6 .28. PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS. Subd. 2. Definitions. As used in this Section, the following words and terms shall have the meanings stated: F. "Secondhand Dealer" means a person engaged in -the business of buying previously used, rented, owned, or leased goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, guns, and wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled. Persons conducting the following transactions shall not be deemed to be Secondhand Dealers : 1. Transactions where all the following are present : a. The sale is held on property occupied as a dwelling by the seller, or owned, rented, or leased by a charitable organization; b. The items offered for sale are owned by the occupant; c. No sale exceeds a period of 72 consecutive hours; d. No more than four sales are held in any 12- month period; and e. None of the items offered for sale was purchased for resale or received on. consignment for the purpose of resale . 2 . Sales of goods at an auction held by an auctioneer. 3 . Transactions involving goods taken as partial or full payment for new goods, where such business is incidental to and not the primary business of the person. 4 . Transactions by a business specializing in the sale of antiques and other goods more than 20 years old, where any other transactions are incidental to the antique business. 5. The sale and exchange of used books, where the business gives only credit and not cash for used books it acquires from customers. 6. Purchases and sales of military goods, where all purchases are directly from offices of the United States government or military surplus wholesalers. Military clothing also may be purchased from current and former military personnel . 7 4. Bulk sales of property from a merchant, manufacturer or wholesaler having an established place of business, or goods sold at open sale from bankrupt stock. 8 .7. Sale of goods at an exhibition, providing the exhibition does not last longer than ten days in any 12-month period. 9 $. Sales of automobiles by a licensed automobile dealer. 10 4. Sales made by the sheriff or other public officials in the discharge of their official duties. 11 10. Sales made by assignees or receivers appointed by the State or a court to make sales for the benefit of creditors. 12 31. Sales by a charitable organization of donated items. 2 Note : The rcdlincd language is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 6 . 99, Violation a Petty Misdemeanor or Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: /' • V City Attorney •Published in the Shakopee Valley News on the day of , 1995 . [12 MEMO] 3 I CONSENT Memo To: Dennis Kraft, City Administrator Terrie A. Thurmer, Assistant City Plan r Meeting Date: January 3, 1995 Memo Date: December 21, 1994 RE: Initiate Vacation of Spencer Street Located North of TH 101 Introduction: The attached Resolution No. 4148 sets a public hearing date to consider the vacation of the portion of Spencer Street located north of TH 101. Discussion: The City has received a petition for the vacation of the portion of Spencer Street located north of TH 101 (1st Avenue). The portion of the street proposed for vacation is located west of the Wild Iris Floral Shop (409 1st Avenue East) and the Perry Dental Offices (415 1st Avenue East). This request is being made in order to provide additional land in order to construct an addition onto the front of the dental office. The attached resolution sets a public hearing for February 21, 1995. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. Action Requested: Offer Resolution No. 4148, A Resolution Setting the Public Hearing Date to Consider the Vacation of The Portion of Spencer Street Located North of TH 101, and move its adoption. {CITYCOUN\VACSPENCE.221} RESOLUTION NO. 4148 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE PORTION OF SPENCER STREET LOCATED NORTH OF TRUNK HIGHWAY 101 (1ST AVENUE). WHEREAS, it has been made to appear to the Shakopee City Council that the portion of Spencer Street located north of Trunk Highway 101 (1st Avenue) serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 21st day of February, 1995, at 7:00 P.M. or thereafter, on the matter of vacating the portion of Spencer Street located north of Trunk Highway 101 (1st Avenue). WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney COSEI\IT /Sc.. MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Shakopee Senior Graduation Party Committee DATE: January 3 , 1994 INTRODUCTION AND BACKGROUND: The Shakopee Senior Graduation Party Committee desires to utilize space in the old City Hall building at the site on First Avenue in preparation for the 1995 senior graduation party. You may remember that they utilized space in the old building last year for the 1994 party. I have discussed this request with Barry Stock and he sees no problem with letting them utilize the same space that they used last year. RECOMMENDED ACTION: Authorize the Shakopee Senior Graduation Party Committee to utilize space within the Southerly 2/3 's of the East side of the old City Hall building at 129 East First Avenue until June 30, 1995. • nye /V ?I ��33 .f.e /\ _ : •;;£ :YG(?;:Shh`.: `i:` tii°.J?3j.;.J..::GS .d::: ,t4*f.,;:;:;ij':.ft:P4A<,,m.:ftNZ::”rtrktl OfkiVi f:- ettin f* .. r . Y 'EW A ;' 1. • • 7 7 `l L I L . (-)A eppopwi;ta, . • S� ),„)Ii/thita#116j.aA'ivriotfrt j . . MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: December 29, 1994 1 . Attached are the December 19, 1994 minutes of the Park and Recreation Advisory Board meeting. 2 . Attached are the December 6, 1994 minutes of the Shakopee Coalition meeting. 3 . Attached is correspondence from the Assistant Scott County Attorney regarding the relinquishment of the Historical Society "interest" in the Murphy' s Landing Site. 4 . Attached is the 1995 Action Agenda from the League of Minnesota Cities. 5 . Attached is a memorandum from the Finance Director regarding investments . 6 . Attached is a memorandum from the Fire Department listing the new officers for 1995 . 7 . Attached is a memorandum from the City Attorney regarding assessment of sewer reconstruction. 8 . Attached is the Police Newsletter for Council review. 9 . Attached is the Monthly Progress Report from the Engineering Department . 10 . Attached is correspondence from the Lower Minnesota River Watershed District regarding a Petition of Managers. 11 . Attached is the January Business Update from City Hall . 12 . Attached is a memorandum from the City Clerk advising whose terms are expiring on boards and commissions . Staff will follow-up pursuant to the adopted guidelines for filling vacancies. 13 . Attached is a memorandum from the Staff Engineer regarding Savage alternative water source update. 1 OFFICIAL PROCEEDINGS OF THE PARK AND RECREATION ADVISORY BOARD REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 19, 1994 Meeting was called to order at 7 : 00 p.m. in the City Hall Council Chambers, Paulette Risland presiding. Members present : Paulette Risland, Paul TenEyck, Bob Tomczik, Dolores Lebens, Ann Siefert, Steve Johnson and John Tieben. Staff present : Barry stock and Mark McQuillan. Johnson/Seifert moved to approve the agenda as presented. Motion carried. Lebens/Johnson moved to approve the November 21, 1994 Park and Recreation Advisory Board Meeting Minutes as presented. Motion carried. Stock stated the City Council directed staff to investigate alternatives which would reduce the components within the previous proposed community center project . He asked the Park and Recreation Advisory Board to review the alternatives that staff prepared. Mr. Stock noted the Lifetime Fitness Report indicated it was not practical or feasible, at this time, for the City to build a facility like Dakota Sport and Fitness and Chaska Community Center. Stock presented a new scaled-down version of a community center that would include components such as an ice arena, meeting rooms, gymnasium with a walking/running track, two racquetball courts, banquet facilities, offices and a cable studio. He also presented the estimated construction cost and operating performa. The community center could be located either by the Sr. High School or in downtown Shakopee . Mr. Stock also reviewed the pros and cons for locating the community center by the high school and downtown. After considerable discussion, the Advisory Board gave their impressions of the two plans as follows : John Tieben. . . . stated the outcome of the two Public Hearings held last Spring indicated a strong need for an ice arena and ballfields . He sees those two items as urgent needs . Steve Johnson. . . . stated the recreational aspect for downtown needs to be looked at differently. Mr. Johnson believes the City should concentrate on the outdoor recreation opportunities of the river front rather than a community center for downtown. He feels a scaled-down community center concept makes sense and it should be located by the high school . The people who will be utilizing this type of facility will be located on either side of the by-pass . Mr. Johnson noted the City has the land for such a facility. The facilities mentioned in the scaled-down version address the real needs of the community. As far as the ice arena is concern, Mr. Johnson feels the new Gender Equity Law will create a larger market for selling ice time . Girls hockey will someday have major impact on the scheduling of ice time . Mr. Johnson stated when the Bloomington Ferry Bridge and By-Pass projects are completed, growth in Shakopee will expand more rapidly than we anticipate . He believes the Metro Council' s growth projections for Shakopee are all wrong. Ann Seifert . . . . stated she would like to expand on what Mr. Johnson said. She does not think downtown Shakopee is an appropriate place to put a community center. It' s putting a facility where most residents do not live . The traffic patterns and railroad tracks in downtown make it unsafe for kids . Dolores Lebens . . . . stated she agrees with Mr. Johnson' s remarks, but she also likes the idea of doing something to improve Blocks 3 & 4 which are an eyesore . Mrs . Lebens stated if she had her choice, she would select the Stans Park location with a scaled-down version of a community center. Bob Tomczik. . . . stated he' s glad that Council is willing to keep the community center issue alive . At least they recognize this community has some very definite needs . He also agrees with Mr. Johnson' s analysis of the downtown site versus the site by the high school . Mr. Tomczik stated the primary location should be near the high school . He does not favor splitting the facility up into two different locations . It' s more costly that way. He thinks the downtown redevelopment plan is too long range and risky. Mr. Tomczik noted the longer we wait (to build the community center) the more expensive it will get . Paul TenEyck. . . . stated he would like to see downtown get redeveloped, but that should have nothing to do with a community center. He would hate to see park and recreation (operating) dollars be used for business purposes . He noted the high school location is the best location because of access and it' s where the people live . He is in favor of the newly proposed scaled-down facility and he is encouraged about the operating cost that was presented by staff . Mr. TenEyck believes the construction cost for the scaled-down version will be difficult to overcome unless the City is willing to put a little more money into the project . He would hate to see anymore things cut-out of the project . Paulette Risland. . . . stated she is in favor of the proposed scaled- down version because it addresses the immediate needs of the community. Though, she has a concern with the banquet facilities . She would like to know what impact it would have on other local establishments like the K of C Hall, American Legion, VFW and Shakopee Ballroom? Ms . Risland feels, by adding banquet hall facilities, could potentially create some hard feelings with exixting establishments . She would like staff to do a little more research on that kind of facility. TenEyck/Seifert moved to recommend to the City Council that it should proceed with plans to develop a scaled-down version of a community center with its location to be on City owned property by the Shakopee Sr. High School . Motion carried. TenEyck/Seifert moved to recommend to the City Council to establish a two tier non-resident fee rate whereby youth shall pay $3 and adults will pay $15 which is consistent with the agreement the City has with the townships . Johnson/Seifert moved to recommend to the City Council to exempt the Shakopee Town Baseball Team and the Shakopee Over 35 Baseball Team from a user fee with the understanding they will continue to make physical improvements to the Tahpah park baseball field and submit an annual operating budget to the City. Motion carried. Johnson/Lebens moved to recommend to the City Council the individual recreation activity fee for adults be increased from $20 to $22 . Motion carried. Johnson/Tomczik move to approve the 1995 Recreation Fee Schedule as presented and recommend it to the City Council for their approval . Motion carried. McQuillan gave a brief update on recreation activities . He noted that recruiting people to work as rink attendants at the outdoor skating rinks has been very difficult . McQuillan stated if we don' t get enough applicants, we will have to keep some of the warming houses closed for the season. McQuillan reported that Rick Allex of the high school is interested working with our department to offer All Comer Track Meets during the summer on Sunday evenings . More information about this program will become available at future meetings . Ann Seifert reported there was no Community Education Advisory Board meeting for December. Johnson/Seifert moved to adjourn the meeting. Motion carried. The meeting adjourned at 9 : 00 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION 4.3c_ DECEMBER 06, 1994 The meeting was called to order at 4:30 p.m. by Chairman Judson Kenyon. Members present: Tony Stocker, Citizens State Bank/American Cancer Society; Claude Kolb, Shakopee Lions/Knights of Columbus; Patrick Ottman, SACS Schools; Barry Stock, City of Shakopee; Judson Kenyon, CAP; DeDee Ordemann, American Red Cross; Irene Sundboom, Front Steps; Bob Greeley, Shakopee Community Education; Connie Weber, Human Services; Barb Brekke, Scott County Extension; and Sandra Masin, Minnesota Correctional Facility. SACS SCHOOL Pat reported that the Knights of Columbus donated $1,800 toward construction of the elementary school fence. Speaker at the January 10th PIP meeting will be Jeane McQuire on learning disabilities. The Middle School Student Council is co-sponsoring a refugee family. AMERICAN RED CROSS DeDee distributed HIV Awareness pamphlets. Emphasize fire safety with children. Recent local house fires started by children. KC/LIONS Claude reported that the Renaissance Festival raised just under $49, 000 Net. X-Mas in May starting up. Deadline for application extended to 12-31-94 . Bob Mayor is chair person/contact person for inquiries regarding X-Mas in May. CITY OF SHAKOPEE Barry reported results of "Community Rec Center" feasibility study. Predicted shortfalls in revenues each year to support facility. Snow removal on sidewalks is residents responsibility and other policies of snow removal to be addressed by City Council . SHAKOPEE COMMUNITY EDUCATION Bob distributed "Class Notes" highlighted by James Otto being honored for outstanding teaching career. CAP AGENCY Judson reported that Scott County Distribution is at St. John's Lutheran Church on Friday, December 15th and Saturday, December 16th. Plan on serving 1, 400 children. CITIZENS STATE BANK OF SHAKOPEE/AMERICAN CANCER SOCIETY ACS Walk in the Park raised a little over $26, 000. 00. Scott Unit overall had a successful year. We collected over $50, 000. 00 this fiscal year. MINNESOTA CORRECTIONAL FACILITY, Preparing giftbags for inmates, ie. shampoo, soaps, stationary, postage stamps. Appreciate any donations. HUMAN SERVICES Connie reported that they are in the final stages of renovation of 3rd floor. Looking forward to smoother labor negotiations in future. Need male mentor role models for teens in counseling. Recruiting drivers for ACS to drive cancer patients. Volunteer opportunities listed on software at Public Library. SCOTT COUNTY EXTENSION Distributed brochure "Extending The U to You! " outlining services provided by Minnesota Extension Service. Next meeting of the Shakopee Coalition is scheduled' for January 3, 1995 in the Citizens State Bank Building Community Room at 4 : 30p.m. Respectfully Submitted Anthony R. Stocker _ THE OFFICE-OF THE SCOTT COUNTY ATTORNEY COURTHOUSE 206 428 HOLMES STREET SOUTH - SHAKOPEE, MN 55379-1380 (612) 496-8240 FAX # (612) 496-8275 JAMES A.TERWEDO November 7, 19 94 County Attorney BARRY STOCK 129 SOUTH HOLMES STREET SHAKOPEE MN 55379 Dear Barry: Enclosed please find a letter dated November 4, 1994 from Lee H. Smith, Executive Director of the Scott County Historical Society. I believe the resolution noted in the October 23 , 1994 Minutes of the Historical Society accomplishes the relinquishment of the Historical Society "interest" in the Murphy' s Landing Site in accordance with the City' s desires . If you have any further questions, please feel free to contact me . Sincerely, JAMES A. TERWEDO SCOTT COUNTY ATTORNEY rian A. Nasi Assistant County Attorney BAN:dkm cc : Cliff McCann Bob Sweeney Criminal Division Civil Division Juvenile Division Victim/Witness Thomas J. Harbinson, Brian A. Nasi Peggy A. Flaig Assistance First Assistant Christopher E. Morris Mary M. Pieper Jim W. Petersen Susan K. McNellis Angela M. Helseth Neil G. Nelson Conrad J. Skonieczny ames An Equal Opportunity/Affirmative Action/Safety Aware Employer r,y. Scott County Historical Society P.O. Box, 354 Shakopee, MN 55379 (612) 445-0378 November 4, 1994 Mr. Brian A. Nasi, Assistant County Attorney Scott County Courthouse 206 428 Holmes Street South Shakopee, Minnesota 55379-1380 Dear Mr. Nasi: Pursuant to your letter of October 18, 1994, addressed to Dr. Pistulka, President of the Scott County Historical Society, with regard to certain issues associated with the ownership of land constituting the Murphy's Landing site, please note the action of our Board of Trustees on October 23, 1994. I have enclosed a copy of the minutes of our October 23 meeting; the adopted resolution is highlighted on page three. If I can be of further assistance, please feel free to contact me. With every good wish, I am sincerely yours, c)941-1 Lee H. Smith, Ph.D. Executive Director mjs Enclosure Scott Co. 2/istorical Societg Regular Meeting Minutes October 23, 1994 3:30 p.m. after annual meeting Church, Murphy's Landing Shakopee, Mn 55739 Meeting called to order by President Pistulka after the annual meeting. Board Member present: Pistulka, H. Stiles, F. Knoke, P. Kikos, Executive Director, L. Smith Board Members absent: L. Paul, V. Rippley, S. Olson, L. Gross Minutes of the last meeting August 15, 1994 were approved as recorded, MSC Stiles/Kikos Financial Update by L. Smith Sept. 1-30, 1994 Total income: $3212.00 Total Expenses: $3482.74 Summary: Balance: 9-1-94 $4,469.01 Balance: 9-30-94 $4,198.27 Invested Assets: $70,105.40 MSC to approve Knoke/Stiles Election of officers: President: R. D. Pistulka; Vice President: L. Paul; Secretary; F. Knoke; Treasurer: S. Olson. MSC Stiles/Kikos Executive Director' report: 1. Summarized 1994 2. Vision projection for1995: a. Completion and occupation of Stans Historic Center. b. implementation of our new program, Searching, Saving and Sharing. c. need for long range planning task force: 1 . Identify goals and tasks which are immediate, short range and long term. Old business: 1. Membership: 3 to 5 new members per month. 2. Belle Plaine Church; Harvest festival Sept. 18, 1994 a great success. Approximately 100 people were present for the program. 50 people stayed for the dinner. Painting of Church about 60% completed. Slow process because of the many raines. The grant completion time has been extended for this reason. when painting of exterior is finished the restoration project will be complete. One wedding has been scheduled for 1995. 3. Currents: No Report 4. Strait House: Need for stabilization is present. 5. Research Committee: Will wait with there activity until Stans Center is finish so to have a meeting place. Betty Dols will be the chairperson. 6. Charitable Gambling: a. SCHS Gambling Members minutes for months of Sept. and Oct. were reviewed and approved. MSC Knoke/Stiles. b. R. Pistulka had a telephone conversation with Mr. Warren Walberg from the compliance review dept. of the Minnesota Gambling Board, 639-4000 on August 25, 1994 and the following was stated: "Lawful Purpose Gambling Funds can be used to initiate and to sustain an endowment fund for the Historic Episcopal Church of the transfiguration in Belle Plaine since this is the mission of the SCHS. It can be done in one of two ways, with a separate designated account in either the gambling account or in the SCHS general account. Setting up a special designated account in the SCHS general account is recommended. c. After discussing with several accountants the Minn. Dept. of Jobs and Training Withholding monies will be sent under one account no. 2637775-000. Kay Stienessen accountant in Belle Plaine will make out Quarterly Taxes reports for both the SCHS organization and the Gambling Operation. Steve Olson CPA and Scott Co. Treasurer agreed with this format. d. L. Smith and R. Pistulka presented the financial accounting of the Charitable Gambling operation since its beginning on Sept 15, 1991 to Sept. 30, 1994 Gross income: $544,262.00 Prizes paid: $420,484.00 Net before exp: $123,778.00 Net income is divided equally between site and organization. Expenses paid for by the site include rent for gambling space at site of operation, games, sellers wages, gambling manager, payroll taxes, quarterly accounts and year end reports, bookkeeper, computer program rent and storage, gambling manger license, gambling mangers bond, premise permit, supplies and equipment and one half of the annual gambling audit. Organization side pays for the gambling tax, 11c and wagering 730 form. the amount left over is money to be use for lawful purpose projects. Belle Plaine council has past requirement that all projects much be the city limits. Total lawful purpose money from Sept 15, 1991 to Sept. 30, 1994 was$47,750.00. Approximately $15,920 per year. It was use for the restoration of the Belle Plaine historic Episcopal Church and cemetery and grounds maintenance. Dollars for scholars, Belle Plaine Ambulance, Belle Plaine youth bowling and Currents for school children and library. e. 990 and 990T will be made out Fox & McCue accounting firm in Belle Plaine. They also do the annual gambling audit. f. L. Smith and R. Pistulka appeared before the Belle Plaine Council on 10-17-94 to present the charitable gambling financial report from Sept. 15, 1991 to Sept. 30, 1994. They approve it and commended SCHS for a project well done. They also approved P.J's. Bar in Belle Plaine as our second site. The Paper work is being processed for this. g. Frank Knoke will attend a Gambling mangers seminar some time befor August 31, 1995. This will enable him to become gambling manger on Sept. 1st 1995 when the present gambling manger M. MacFarlane license expires. She has stated that she would remain as gambling manger until someone else would be interested to accept this position. Communications: a. Scott Co Budget Committee on August 18, 1994 approved a recommendation that a grant of $105,000.00 be given each year of 95, 96, 97 with a 5 to 6% increase for 96 and 97. This must be passed by the commissioners at a meeting in Dec. 1994. b. 3rd addendum To Stans Historical Center Agreement changing the word foundation to endowment on page 3, paragraph 2, line 7 signed July 31, 1994. c. New interpretive signs place at the old Shakopee brick yard along the Shakopee Chaska trail by the DNR. New Business: a. Request by the Scott Co. Assistant Attorney in letter dated Oct 18, 1994 to the SC1-IS to relinquish any claim to the Murphy's Landing real estate to the City of Shakopee. This pertains to small piece of property at the east end of the Murphy's Landing site. The following resolution was made: "Be it resolved that: The Scott Co. Historical Society does hereby relinquish any and all residual Claims which it may have to Murphy's Landing and the site upon which it is located to the Minnesota Valley Restoration Project and to the Board of Trustees of that non-profit Corporation". MSC P. Kikos/H. Stiles. b. Longafng\e Task Force to be formed . Members Ethyl Jacobson, New Prague, Betty Dols, Shakopee, Leo Albright, Belle Plaine. Suggested name Barb Hegdjson?, Savage, People from the local city historical societies and local schools, Dan Puls. Farther effort by R. Pistulka and L. Smith will continue to complete this charge. Meeting adjourned at 4:30 pm. Next meeting: November 21, 1994 7:30 pm Community Education Room St. Frances Hospital, Shakopee emergency door entrance on Scott St. Respectfully. R. D. Pistulka acting secretary 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 1995 ACTION AGENDA The League of Minnesota Cities represents 811 of Minnesota's 856 cities as well as 10 urban towns and 24 special districts. ;All sizes of communities are represented among the League's members (the largest no$lmember city has a population of 149) and each region of the state is represented. One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League has identified the following issues as priorities for action during the 1995 legislative session. Specific League objectives are listed in bulleted text. Unfunded mandates • Oppose additional unfunded mandates. • Identify specific unfunded mandates and modify or repeal those laws. • Pass legislation authorizing cities to not comply with unfunded mandates. Local Government Aid • Preserve the use of the implicit price deflator index to at least maintain LGA at a constant, inflation-adjusted level. • Pass legislation which provides additional state resources for further increases in LGA to reverse the rapid growth in the reliance on the property tax. Homestead Agricultural Credit Aid Growth • Pass legislation reinstating the HACA household growth adjustment factor, and an inflationary adjustment factor similar to the LGA index. Transfers of LGA/HACA to Schools • Ensure that any increase in the state's share of school revenues comes from sources other than further transfers from city property tax relief programs. Growth Management and Annexation • Support legislation restricting urban development outside of city boundaries. • Oppose legislation limiting city authority over services such as fire, sewer, and water that are provided to township areas. • Support legislation facilitating the annexation of urban property. OVER AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 plus your city code TDD(612)490-9038 Fax(612)490-0072 LGA/HACA Penalties for Using TIF • Eliminate the LGA/HACA aid penalty. • Reauthorize TIF programs for use on scattered-site housing redevelopment and rehabilitation. Personnel • Pass legislation reforming the arbitration process, including providing for final offer, total package arbitration • Pass legislation reforming veterans preference discharge procedures. Telecommunications • Preserve and enhance the authority of local governments to require permits for the use of local rights-of-way and property and to compensate those governments for that privilege. • Support state licensure of telecommunications providers to ensure they have the financial, technical, and legal qualifications to provide proposed services, and to preserve continued access to governmental, educational, and community programming. Transportation • Support an increase in the gas tax and additional revenue sources dedicated to transportation programs. • Ensure that cities receive revenues necessary to meet present and future transportation needs, including the authority for funding options to raise the dollars necessary to adequately fund roads and transit. • Pass legislation eliminating all nontransportation programs from receiving highway user distribution funds, except for the state patrol. • Pass legislation authorizing cities under 5,000 population to qualify for municipal state aid if certain qualifying conditions are met. Workers' Compensation • Support initiatives to make Minnesota's system competitive with neighboring states. 5- TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Investments Informational DATE: December 21, 1994 Due to the interest and concern shown over events in the news relating to the investment situations in Orange County, Chanhassen, Eden Prairie, Maple Grove, etc. , I feel it is appropriate to update Council on the status of the City's portfolio. The events in the news center around the investment in derivative securities by government agencies and the loss in value due to market conditions in 1994 . Certain derivatives are legal investments but are much more risky than plain vanilla treasury or agency securities. Shakopee has not invested in any derivatives. However, the investments the city holds are subject to normal market movements and the movement in 1994 has been dramatic. If the city would have liquidated all of its investments on 12/31/93, a profit of about $500, 000 would have been realized. Conversely, due to market movement in 1994, if the city would liquidate all of its investments now, a loss of about $1, 000, 000 would be taken on a portfolio of $22, 000, 000. The city normally holds investments until maturity. The maturities of the investments whose market value is below book value ranges from 3 to 8 years. It is not anticipated that the city will have to liquidate a significant portion (if any) of the investments in question. At maturity the city will receive the full principal unless the federal government defaults. As time passes, is it expected that the market will reverse itself in late 95 or 96 and the current market value will rise. Also, as the investments age, they will regain value as they move back on a normal or rising yield curve (shorter time investments have lower yields which will push the principal market value back up) . I have reviewed the situation with the auditors and we will be reporting the investments in the annual financial report at book value without reduction for market conditions. SHAKOPEE FIRE DEPARTMENT Department Memo To: Dennis Kraft City Administrator From: Mark Huge Shakopee Fire Department Date: December 26, 1994 Subject: List of Shakopee Fire Department Officers for 1995 Attached is a list of department officers for the 1995 calendar year. If you have any questions please contact me. SHAKOPEE FIRE DEPARTMENT Date Issued: 01/01/89 Last Update: 01/01/95 TJP Page: 01 of 01 Subject: Officer Call List Shakopee Fire Station 445-1530 Command Post 9510 Cellular: 867-6642 Chief 9500 Mark Huge 1110 Quincy St. Residence: 445-6735 Cellular: 670-9556 Pager: 539-0537 1st Asst. Chief 9501 Terry Link 1234 Emerald Ln. Residence 496-1802 Work 445-4121 2nd Asst. Chief 9502 Mary Athmann 1266 Diamond Ct. Residence 445-7164 Work 445-1988 Cellular 670-4700 1st Captain 9503 Dave Judd 1190 Monroe St. Residence 445-5378 Work 641-9736 2nd Captain 9504 Terry Stang 1028 Ramsey St. Residence 496-3356 Work 445-8062 3rd Captain 9505 Ed Siedow 1067 Harrison St Residence 445-5663 Work 445-3866 4th Captain 9506 Dan Leadstrom 1286 Emerald La. Residence 496-0854 Work 445-4121 Fire Marshall 9507 Tom Pitschneider 1064 Miller St. Residence 445-0219 Work 496-7785 V SHAKOPEE FIRE DEPARTMENT Date Issued: 01/01/90 Last Update: 01/01/95 TJP/MDH Page: 01 of 01 Subject: 1995 Department Officers Chief 9500 Mark Huge 1st Asst Chief 9501 Terry Link 2nd Asst Chief 9502 Mary Athmann 1st Captain 9503 Dave Judd 2nd Captain 9504 Terry Stang* 3rd Captain 9505 Ed Siedow 4th Captain 9506 Dan Leadstrom Fire Marshal 9507 Tom Pitschneider Engineer 9508 Lino Baden Secretary Ed Schwaesdall Treasurer Dan Pauly Asst Engineer Mark Myers Asst Engineer Terry Stang* Asst Engineer Rick Coleman * Denotes that this person holds two postions. MEMORANDUMiA- TO: Dave Nummer, Civil Engineer FROM: Karen Marty, City Attorney DATE: December 22, 1994 RE: Assessment of Sewer Reconstruction You asked whether we could specially assess 25 percent of the costs of sewer reconstruction. Like any assessment, the answer is yes if and only if the property benefits from the improvement . The issue of constructing sewers where sewers already exist has been addressed in three cases. In Independent School District 709 v. City of Duluth, 287 Minn. 200, 177 N.W.2d 812 (1970) , a trunk sewer had been installed in 1914, and a large area assessed. In 1966 a new trunk sewer was installed nearby, and the same property assessed. The Court determined that some of the property was best served by the old sewer, and some of it best served by the new. The assessment was invalidated for the property best served by the old sewer, "by reason of the existence of a like or similar improvement from which the property derives all the benefits of the kind necessary to its use and enjoyment . . . [I] f existing sewers are adequate, no assessment can be made for the construction of a sewer. " In Southview Country Club v. City of Inver Grove Heights, 263 N.W.2d 385 (1978) , new water and sewer mains were constructed across a parcel . Existing water and sewer mains, located in a nearby street, were adequate to meet the needs of the parcel if it developed. Therefore, the Court found that there were no special benefits to the parcel, and the special assessments were invalid. The decision of the Court of Appeals in Smith v. City of St . Paul, an unreported case printed in the April 10, 1992, edition of Finance & Commerce, provides an interesting contrast . In that case the property owner was assessed for new sanitary and storm sewers. The previous combined sanitary and storm sewer worked fine, but new separate sewers were installed. The City' s appraiser used the cost approach, and testified that the separation of the sewers was mandated by federal law. If the City had not separated the sewers, the property owner would have had to retain the storm water on site, at a cost which exceeded the amount of the assessment . The Court found a special benefit and upheld the special assessment . The crux of these cases seems to be whether the existing sewers adequately do the job and can meet the full needs of the parcel . If we are reconstructing a sewer, presumably we are doing so because the sewer no longer is adequate. If the existing (old) sewer cannot meet the needs of the property, and is not adequate for the needs of the property after full development, then we can replace it and specially assess the cost of the new sewer to the benefitted properties. If you have any questions about this, please let me know. Signed . Karen Mar City Pttorney KEM:bjm [2 2MEMO] cc : Mayor embers of the/ ity Council Dennis Kraft -2- CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR DECEMBER, 1994 Respectfully Submitted jogill a dodOliot David M. Nummer Staff Engineer PROJECT START COMPLETE STATUS COMMENTS Category I-Projects Under Construction 1. Upper Valley Drainage 9/93 7/29/94 99% See Narrative Section 2. Pierce Street 6/94 7/94 50% See Narrative Section 3. 1994 Sidewalk Program 7/94 9/94 90% See Narrative Section 4. Parking Lot(Pelham) 7/94 Done 100% 5. Downtown Streetscape II 7/94 Done 100% 6. Vierling Drive,Adams St. 7/94 9/94 80% Asphalt Base and Curb Complete to Presidential Lane 7. Murphy's Landing Lift Stations 9/94 30% Category II-Projects in Design 1. Downtown Alleys Redesign 6/93 1/95 75% See Narrative Section 2. Fuller Street 7/94 9/94 0% See Narrative Section 3. Sarazin(Viking Steel Rd.) 7/94 9/94 95% Staff Reviewing Final Plans 4. County Road 16 Utilities 7/94 11/94 30% OSM Doing Design 5. Alley in Block 51 8/94 9/94 0% 6. St. Francis Sewer Extension 10/94 3/95 0% In-House Design Category III- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 7/94 10% See Narrative Section 2. Maras Street 6/94 10/94 15% See Narrative Section 3. Vierling Drive C.R. Road 79 to C.R.77 10/94 5/95 30% 4. River District Trunk Sewer 1/95 4/95 0% Category IV - Private Subdivision Construction 1. Maple Trails 6/93 9/94 99% Restoration Remaining 2. Dominion Hills 6/93 9/94 85% Wear Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 11/94 50% Utilities Complete,Gravel Base 5. Homestead Ridge 5/93 9/94 80% Asphalt Base And Curb Completed 6. Minnesota Valley 8th 9/94 5/95 80% Asphalt Base and Curb Completed 7. Meadows West 9/94 25% Working on Utilities 8. Prairie Bend 9/94 5% Site Grading In Progress Category V - Special Projects 1. Pavement Management System 6/94 9/94 100% On Hold Until Public Works Director RFP's Is Hired Please refer to the attached narrative section for a more detailed discussion on several of the projects. 1 NARRATIVE SECTION Category 1 - Projects Under Construction 1. Upper Valley Drainage Project- Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Work on Jasper Road (vacated) will be performed by this contractor next spring. 2. Pierce Street Public Works crews have removed the existing pavement and are regrading the new alley. A City contractor has installed the new curb & gutter and patched the pavement on 4th Avenue. The alley paving has yet to be done. 3. 1994 Sidewalk Program The work on this project is mostly complete except for some minor punch list items. Category No. 2 - Projects in Design 2. Fuller Street Staff is preparing a Memorandum of Understanding for this project which specifices City and County participation for Fuller Street and County Road 77. When the Memorandum is complete, staff will bring it to Council for approval. Category 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project in 1994. 2 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Category 5 - Special Projects 1. Pavement Management System Staff has received four proposals for this project. The consultant selection process has been placed on hold until a Public Works Director is hired. 3 1 _ 4V10 - Lower Minnesota River Watershed District 151 WEST 126TH STREET BURNSVILLE, MINNESOTA 55337 Cyril B.Ess President jim A.Kephart Vice President Merrill M.Madsen Treasurer Wallace E.Neal.Jr. Asst.Treasurer Edward A.Schlampp Secretary Lawrence E.Samstad Engineer Bruce D.Malkerson Attorney December 22, 1994 Minnesota Board of Water & Soil Resources One West Water Street Suite 200 St. Paul, MN 55107 Re: Petition Our File No. 1447-001 Dear Board Members: At their last meeting on December 21, 1994, the Managers of the Lower Minnesota River Watershed District endorsed the'attached petition adopted at the State Association's annual meeting. The Managers request that the State Board support and include in its legislative program a direction to the staff to oppose efforts to repeal the existing provisions of the Watershed Act or to abolish watershed districts and turn over the responsibility for administering programs to the counties. The District's and State's program to manage water resources on a hydrologic rather than a political boundary basis is recognized as the most effective and responsible way to protect the resources of the watershed. Very truly yours, SSS o.e.i Cy Ess, President Enclosure cc Board of Managers OpEE District 35, 40, 41, 42, 43, 44 and 63 Legislature vri of*" All Metropolitan Area Watershed Districts Ci a 1994 Minnesota Association of Watershed Districts, Inc. 1c \ SEG 2. \) 015122067442 121231'94 • - Lower Minnesota River Watershed District 151 WEST 126TH STREET BURNSVILLE, MINNESOTA 55337 Cyril B.Ess President Jim A.Kephart Vice President Merrill M.Madsen Treasurer Wallace E.Neal,Jr. Asst.Treasurer Edward A.Schlampp Secretary Lawrence E.Samstad Engineer Bruce D.Malkerson Attorney A PETITION OF MANAGERS FROM WATERSHED DISTRICTS TO THE MINNESOTA ASSOCIATION OF WATERSHED DISTRICTS AND THE MINNESOTA BOARD OF WATER & SOIL RESOURCES December 3, 1994 WHEREAS, this year a legislative initiative has emerged from the staff of Hennepin County to "streamline" water management by abolishing watershed districts and turning over their responsibilities to county government, and this proposal was also part of Hennepin County's 1993 legislative program; WHEREAS, for thirty years, Minnesota has led the nation in developing a strong watershed-based approach to managing water resources based upon hydrological, rather than political boundaries, and this approach is now universally recognized throughout the United States as the most effective, sensible and environmentally responsible way to protect and restore water resources; WHEREAS, watershed districts in Minnesota have produced effective water management plans and are implementing these_plans through capital improvements in a cost-effective manner to provide real improvements to the environment by improving water quality and providing flood control; WHEREAS, watershed districts have a strong record of cooperative relationships with citizens, municipalities, counties and other local and state agencies, providing conservation and management of water resources at the local level closest to the citizens in order to maximize public input and participation; 015/22067443 12/22/94 THEREFORE, the undersigned managers of watershed districts in Minnesota urge the following: 1. The Minnesota Association of Watershed Districts promote the preservation of watershed districts as one of the most effective, cost-efficient and environmentally sound ways to manage water resources in Minnesota; and 2. That the Minnesota Board of Water & Soil Resources also assist in promoting this position in its 1995 legislative program. 01522067443 12/22/94 - _ - _ - - _ 4 BUSINESS UPDATE FROM CITY HALL Volume 9 No. 1 Dear Chamber Member: January 1, 1995 City Clerk At their regular meeting on December 20th, City recommending that the facility components Council approved the renewal of licenses for include gymnasium, meeting rooms and ice arena. 1995: cigarette licenses, tattoo license, massage The Park and Recreation Advisory Board center license and pawnshop licenses. discussed the possibility of locating some of the facility components in the downtown area. On February 28th, numerous terms will expire However, after discussion and analysis the Park on City boards and commissions. The City of and Recreation Board felt that the site South of the Shakopee will be accepting applications during High School was more suitable for recreation January to fill the expiring terms on the : programming needs. The Shakopee City Council Planning Commission, Park and Recreation is expected to provide additional direction to staff Advisory Board, Building Code Board of at their January 3, 1995 meeting. Adjustments and Appeals-Housing Advisory & Appeals Board, Shakopee Public Utilities The Scott/Hennepin Advisory Board will be Commission, Police Civil Service Commission, hosting a public meeting to provide Scott County Cable Commission-Access Corporation Board, residents with an overview, and an opportunity to and the Community Development Commission. comment on, the regional park properties located within the county. The meeting will be held Applications can be obtained at City Hall, 129 following the Park and Recreation Advisory Board Holmes St. South or by calling 445-3650. on Monday, January 30th in the Shakopee City Council Chambers. The meeting is expected to commence at 7:30 p.m. Park and Recreation In 1995 the adult player activity fees for adultsiiii %`\�����1U�,U��� �tN�p�i1 participating in Shakopee Recreation Programs will be increased from $20.00 to $22.00. Fees for `��»w., ♦ ' Al swimming lesson programs will also be increased , 1/7 from $15.00 to $20.00. 11 On December 19, 1994 the Shakopee Park and ``��fta'ilip� _• Recreation Advisory Board recommended to City l((` /))► ,40'0, Council that a recreation facility be constructed on : ..--- the property owned by the City south of the Senior HappyAint«�� 'OP • •.. High School. The Park and Recreation Board is �+�/ �e r • a Planning Public Works/Engineering BOAA Meeting 12-08-94 The Engineering Department is working on Maged Daoud Var.-Frontage Req. Approved updating the City maps, preparing feasibility Glen A. Ladwig CUP-Overheight Fence Denied reports for Vierling Drive between C.R 79 and SACS CUP-Overheight Fence Approved C.R. 77 and P & V Addition. Construction plans Duwayne Ege CUP-Sales Office Approved are being finalized for the downtown alleys. The City of Shakopee 95' BOAA Meeting Sch. Approved Engineering Department is also working with the Planning Department on new zoning maps, land PC Meeting 12-08-94 use maps, and transportation planning maps. City Zoning Map: Phase Ill Rec. Approval Klingelhutz Dev. Co. Amend PUD Rec.Approval MV Health Campus Preliminary Plat Cont'd City of Shakopee PC Mtg Schedule Approved Other Items Before the Planning Commission City of Shakopee Comp Plan Discussion PC Meeting 12-15-94 City - Land Use Map/Comp. Plan Cont'd 1110 4P107 v / f Police 1 On Friday, December 16th, police agencies in MN joined officers from 49 other states and t �� t' Canada in a pre-holiday campaign to encourage • co motorists to be safe and sober drivers. "Lights .�, On For Life", symbolized by driving with ' , headlights on, focuses on DWI, which is the most `�' tx O ��� ►f frequent cause of fatal collisions. l VIII N Shakopee Police and area restaurants and bars Vii V again worked together to promote a safe holiday Vi season. Starting Friday December 10th and • • carrying through December 31st, free rides were available to patrons on Friday and Saturday evenings. Local establishments provided free soft drinks to designated drivers. * ` J MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clem RE: Boards and Commissions Expi ng Terms DATE: December 29, 1994 INTRODUCTION: According to City Council policy, it is appropriate that Council consider at this time the reappointment of individuals whose terms on boards and commissions are expiring. BACKGROUND: According to the policy, ninety days prior to the expiration of terms each year, the Council shall be advised of the upcoming vacancies and the attendance record of the individuals whose terms are expiring, should those individuals be eligible for reappointment. At that time the Council shall consider the reappointment of those individuals. Should the Council determine that the individuals merit reappointment, they will be contacted to determine if they wish to seek reappointment. Council shall also announce the upcoming vacancies and that applications will be accepted from all interested citizens of Shakopee. As you may remember, City Council pushed the whole process back one month after the appointment process last year. This was done so that the process would not coincide with the holidays. Application Deadline: Since adoption of the current policy, there has been confusion on the exact date that applications will no longer be considered. Sometimes there have been insufficient applications received and Council has made nominations as late as the same evening of appointment. In 1990, Council set the final date to receive applications as the date that nominations are made. Unless Council directs otherwise, applications will be accepted until the first meeting in February. The advertisement will encourage applications to be submitted by January 31st so that Council can receive copies with their agenda packet for the February 7th meeting. (If insufficient applications are received, applications will continue to be accepted until qualified individuals are appointed. ) Eligible Appointees: Attached is a list of the individuals whose terms are expiring and who are eligible for reappointment. (Those individuals who have not served more than three terms will be invited to apply for re-appointment, per the guidelines for appointments. CITY OF SHAKOPEE BOARDS AND COMMISSIONS TERMS EXPIRING FEBRUARY 28, 1995 Planning Commission: William Mars James Link Park And Recreation Advisory Board: Robert Tomczik Steve Johnson Board of Review: Eldon Reinke Richard Marks Appointed for 1994 and 1995 Steve Clay Building Code Board of Adjustments and Appeals: Housing Advisory & Appeals Board: Randy Laurent Jim Link Shakopee Public Utilities Commission: Jim Cook (appointed 11/16/82 , has served three terms +) Police Civil Service Commission: Marcia Spagnolo Cable Communications Advisory Commission: Ken Scannell Bill Anderson Shakopee Community Access Corporation Board of Directors: Ken Scannell Bill Anderson Robert Ziegler Community Development Commission: Michael Phillips Cole Van Horn Summary: Staff will follow up on advertising, posting, and mailing notices on accepting applications for filling the expiring terms on city boards and commissions. A letter will be sent to each member whose term is expiring February 28, 1995 inviting them to consider reappointment, unless Council advises otherwise, (excluding those individuals who have served three terms, per the guidelines for appointments. ) RECOMMENDED ACTION: 1. No action is necessary. Staff will follow-up as appropriate. 2 . Would Councilmembers provide staff with the names of individuals they wish to be invited to apply for an opening, please? We would be happy to send a letter to anyone whom a Councilmember feels may be a good candidate. Or, in the alternative, talk to them and encourage them to think about the openings and call city hall for an application. BD&COMM. 95 - 13 MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: Savage Alternative Water Source Update DATE: December 29, 1994 NON AGENDA INFORMATIONAL ITEM: On December 28, 1994, I attended the first task force meeting for the above referenced project. This meeting was also attended by Lou VanHout representing Shakopee Public Utilities, as well as representatives from Prior Lake, Burnsville,Shiely Corporation, Savage and Barr Engineering. Attached is a listing of the members of the task force, as well as a list of those on the mailing list for updates. I have requested that Jackson and Louisville Townships be added to the mailing list and receive project updates. The following items were discussed at the meeting: Agenda - Attached is the agenda for the December 28th meeting. This agenda provides a summary of the tasks to be completed and a list of deliverable reports, maps and figures. The sections of the summary most pertinent to Shakopee are Project Goals, Sections A2 and A3. These sections describe determining the impact of utilizing the Shiely dewatering for a water supply for Savage and a review of the impact of the Shiely dewatering to surface waters (especially Deans Lake and the Prior Lake Outlet Channel). Possible Water Sources - Attached is a copy of a report that was handed out at the meeting which addresses possible water forces for Savage. This report was prepared last July in conjunction with the AUAR/Fen Management Plan. The report is a preliminary review of the aquifers available to Savage, as well as the Minnesota River and dewatering effluent from both the Shiely and Kramer Gravel Quarries. The representative from Barr Engineering indicated that each of these sources would be addressed in the upcoming report. Eagle Creek/Savage Fen Impacts - Both the Eagle Creek/Boiling Springs area and the Savage Fen will be monitored closely in the ground water modeling for negative impacts due to municipal wells. The feeling from the task force was that a negative impact to either of these natural resources would be grounds for the Department of Natural Resources (DNR) to deny water appropriation permits. The Eagle Creek/Boiling Springs area will most likely effect water appropriations in Shakopee due to its closer proximity than the Savage Fen. Surface Waters versus Ground Water - There was a concern expressed over using surface waters as a municipal water source due to the higher costs associated with treating the water for consumption. These costs can be up to 3 to 4 times higher than treating ground water sources. Interim Water Supply - The City of Savage has been granted a water appropriation permit from the DNR to drill a well onto the Mt. Simon - Hinckley Aquifer to meet water supply demands for the next 4-5 years. The DNR has discouraged the use of the Mt. Simon - Hinckley as a permanent water source, and the permit was granted with the understanding that Savage would look for another permanent water supply, and use the new well as a secondary source. Savage has hired a contractor to drill the well, but does not expect to have it in service for at least 6 months. As part of the contract for the Mt. Simon well, the contractor will stop in the Franconia- Ironton - Gatesville (FIG) aquifer (the aquifer between the Jordan and the Mt. Simon) to test for water availability. The FIG aquifer has been identified as a possible water source, but has proven historically to be good in some areas and poor in others. If the FIG proves to be a reliable water source for Savage, it may reduce/eliminate the need to look elsewhere for municipal water supplies. It is felt by groundwater experts that this may be a long shot, but still worthy of investigating. Regardless of the availability of the FIG to Savage, the results of the study being performed by Barr Engineering will be pertinent to future water demands in Shakopee Time Frame - The time frame for completing the report has been delayed by about two months from that originally proposed by Barr Engineering which had them beginning in November. At this point, the final report is expected in late March or early April. Future Meetings - Future Meeting dates were set up for: January 10 January 24 February 9 February 28 March 14 March 28 The meetings will be held at 10:00 A.M. at the Savage City Hall. I will be attending these meetings, and will continue to update the City Council on significant issues or events as they arise. DMN/pmp SAVAGE CITY OF SAVAGE ALTERNATIVE WATER SOURCE TASK FORCE List of Active Members 1. Dave Hutton, City of Savage 2. Brian LeMon, Barr Engineering 3. Dave Nummer, City of Shakopee 4. Lou Van Hout, Shakopee Public Utilities 5. Chuck Ahl, City of Burnsville 6. Larry Anderson, City of Prior Lake 7. Pat Lynch, Minnesota - DNR 8. Bob Bieraugel, Shiely Corporation Mailing List Only 1. Jon Westlake, Scott County 2. Larry Samsteaci, Lower Minnesota Watershed District 3. Stan Ellison, Mdewakanton Dakota Community 4. John Morley, Kraemer & Sons 5. Jon Albinson, Valley Green Business Park L1 UTTON ALV.VTRLSC AGENDA Savage Alternative Water Source Study Kickoff Meeting Date: December 28th, 1994 I. Attendance list signing II. Project Goals A. Groundwater Modeling goals 1. To produce maps and reports for Prior Lake and Burnsville denoting where they can install new wells that will not lower hydraulic head in the Fen or Eagle Creek area(deliverable is a report with maps and figures). 2. To locate wells around the Shiely pit needed for dewatering and to review possible uses for the water. To determine the impact of the dewatering on the City of Shakopee's existing &future wells(deliverable is a report with maps &figures). 3. To determine the impact of increased dewatering at the two quarries on local 4► (0N2) surface water. More intensive review is planned for the Shiely and Dean's Lake area(deliverables: two reports w/results of a Meyer model for the Shiely pit report) B. Alternative water source goals 1. To review alternative water sources available to the City of Savage and make a preliminary selection of the most viable source(deliverable is a report). 2. To determine what is needed to meet the Safe Drinking Water Act(SDWA) for the use of Kraemer and Shiely Quarry dewatering water as a potable source for any or all of the involved communities(deliverable is a scope of services document for a bench or pilot scale water treatment test). III. Data gathering A. Cities, were letters received?, Any questions? B. Quarries, permission to use existing data files for this study? IV. Explanation of maps to be provided in study. A. Limit to four model runs for each City. B. Maps are only meaningful with respect to a given scenario. 1. One 1000 gpm well in the Jordan may be permissible a given distance from the Fen but a second well may not. 2. City's must choose the scenarios for which maps and lines will be created including well spacing, yields, and source aquifer(Drift, PDC or Jordan). 3. Barr recommends well fields rather than individual wells be modeled. err Engineering Company 8300 Norman Center Drive Minneaaoiis.MN 55437-1026 Phone: (612)832-2600 Fax: (612)832-2601 • July 27, 1994 ',I to Mr. Bruce Bullert pit � 7 Director of Public Works/City Engineer City of Savage 6000 McColl Drive Savage, MN 55378 Re: Future City Water Supply Dear Bruce: The purpose of this letter is to outline to you the City of Savage's options for a future water supply source. A number of potential water sources have been analyzed to determine their impact on the Savage Fen, the quality of water in , each source, the basic type of treatment required to meet Safe Drinking Water Act (SDWA) requirements, the technical feasibility of each source, the reliability of each source, and finally a preliminary cost estimate for developing supply and treatment facilities using each source. All cost estimates are preliminary and only intended to create a means to compare the various alternatives. True final costs will vary significantly from these due to items not known at this time. Cost estimates are based on constructing a six million gallon per day treatment facility complete with 4,200 gpm of firm supply, which represents the "Immediate Range Construction Plans" stated in the "Savage Minnesota Water System Plan Update" . All cost estimates are in 1994 dollars and do not include engineering, land and easement purchases, other professional services that may be required such as pilot plant operation and soils investigations, or other non-construction items. The discussion will be broken down into two basic categories, Groundwater sources, and Surface water sources. Bulk purchase from surrounding communities will be reviewed if requested by the city but is not included in this discussion. Mr. Bruce Bullert July 27, -1994 Page 2 Groundwater Sources The most common source of drinking water for the metropolitan area excluding the Cities of Minneapolis and St. Paul is groundwater. In general, groundwater provides a high quality of water from a reliable source often requiring only a minimal amount of treatment. Savage has several aquifers available, they are the glacial drift aquifer (often referred to as the water table aquifer) , the Prairie du Chien-Jordan aquifer which is one of the most commonly used aquifers in the area, the Franconia-Ironton-Galesville aquifer, and finally the Mt. Simon- Hinckley aquifer. Additional data regarding each of these formations is available in the "Savage Fen Management Plan" or appendix four of the Savage Minnesota Water System Plan Update" . Glacial drift aquifer General. The City currently has one operating drift well, Well no. 5. Well no. 4 was also a drift well, however, it was rendered useless during an attempt to eliminate sand pumping problems several years ago. Throughout most of Savage the drift is composed of enough fines to make naturally developed wells difficult to construct requiring screens with some of the smallest slot sizes available. This in turn limits well yields. Any future-wells constructed in the drift should be gravel packed to reduce the possibility of sand pumping. Lack of piezometric head and insufficient transmissivity also limit this aquifers ability to produce water in quantities consistent with the City's needs. Fen impacts. The drift aquifer is hydraulically connected to the Prairie du Chien aquifer which is the primary source of water for the Fen, supplying it with the carbonate rich water that supports many of the rare plant species found there. The groundwater model produced in conjunction with the Savage Fen Management Plan indicates that wells pumping significant quantities from this aquifer would have an adverse impact on water levels in the fen itself. This means that it is very unlikely that the Minnesota Department of Natural Resources(DNR) would approve an appropriations permit for any well drilled into this formation. Mr. Bruce Bullert July 27, • 1994 Page 3 Water quality. The water quality information listed below is based on tests of water samples taken from City wells 4 & 5: Iron: .23 - .37 mg/1 Manganese: .19 - .29 mg/1 Hardness(as CaCo3) : 330 - 350 mg/1 pH: 7.8 - 7.9 Treatment requirements. The type of treatment required for this water to meet primary and secondary maximum contaminant levels (MCL) as outlined in the Safe Drinking Water Act(SDWA) would be similar to that currently utilized by the City at treatment plant no. 2. If this aquifer becomes a portion of the City's final source, consideration should be given to iron and manganese removal consisting of metal oxidation filtration and sequestering. Technical feasibility. The treatment of this water is technically feasible. However, locating and constructing reliable wells in this aquifer capable of producing the quantities of water needed by the City may be technically infeasible. • Reliability. Due to the limited head and relatively poor transmissivity this aquifer can not be considered reliable from a standpoint of quantity. In addition to this past experience indicates that these wells require more maintenance than deeper wells in the City. Finally, this groundwater source has the greatest potential for contamination from surface sources. Preliminary construction costs. Construction costs are based on installing 10 - 500 gpm wells, each about 160 feet deep, and 9,800 feet of raw water • transmission main. • Construction costs: $7,600,000 Mr. Bruce Bullert July 27, 1994 Page 4 Prairie du Chien-Jordan aquifer General. The City currently has two operating Jordan wells, Well no. 1 and Well no. 3 and one operating Prairie du Chien, Well no. 6. All three of these wells are heavily used to meet the Ci_y's current water supply needs. They are the City's most productive and reliable wells. Fen impacts. The Prairie du Chien aquifer is the primary source of water for the Fen as stated earlier. Because of this only wells finished in the Jordan portion of the aquifer were considered in the modeling of potential future sources. The groundwater model indicates that wells pumping significant quantities from this aquifer would also have an adverse impact on water levels in the fen itself regardless of where they are located in the City. This means that it is unlikely that the Minnesota Department of Natural Resources (DNR) would approve an appropriations permit for any well drilled into this formation. Water quality. The water quality information listed below is based on water samples taken from City wells 1, & 3: Iron: .74 - 1.7 mg/1 Manganese: .04 - .095 mg/1 Hardness: - N/A pH: 7.43 Radium 226: 6.6 pCi/1 Radium. 228: 2.7 pCi/1 Treatment requirements. The type of treatment required for this water to meet primary and secondary MCL's as outlined in the SDWA is similar to that currently utilized by the City at treatment plant no. 2. If this aquifer becomes a considerable portion of the City's final source, consideration should be given to additional iron and manganese removal. Technical feasibility. The treatment of this water provides no technical problems. However, the actual development of a well field in this aquifer, Mr. Bruce Bullert July 27,• 1994 Page 5 capable of producing the quantities of water needed by the City without affecting the fen, will not be possible. Reliability. The quantity of water, availability of head, and transmissivity of this aquifer make it the most reliable regional aquifer in the metro area. However, there is no confining layer protecting this source from the glacial drift aquifer which means that there still exists a potential for contamination from surface sources. Preliminary construction costs. Construction costs are based on 4-1,400 gpm wells about 300 feet deep each and 6, 100 feet of raw water transmission main. Construction costs: $7,000,000 Franconia - Ironton - Galesville (FIG) aquifer General. The City currently has no operating FIG wells. A preliminary review of available data from the Minnesota Geological Service (MGS) indicated several wells reasonably close to Savage finished in this aquifer 'either alone or as multi aquifer wells with the Mt. Simon. Well capacities of these wells is -generally less than 1,000 gpm even when open to the Mt. Simon. In general this is an untested aquifer in this area. It is the next aquifer below the Prairie du Chien separated from it by the St. Lawrence formation which is a confining unit. Fen impacts. The FIG aquifer is not in direct hydraulic connection with the Prairie du Chien aquifer. Because of this little if any impact on fen water levels would be anticipated even if significant quantities of water were pumped from the aquifer. The only possible exception to this would be if wells were located in close proximity to the fen where localized leakage through the St. Lawrence might reduce water levels slightly. This means that it is likely that the Minnesota Department of Natural Resources (DNR) would approve an . appropriations permit for wells drilled into this formation. Mr. Bruce Bullert July 27, 1994 Page 6 Water quality. Water quality information for the FIG aquifer was not available but could be acquired from some of the local wells if needed. Treatment requirements. Due to the lack of water quality information, precise treatment requirements cannot be discussed but would likely be similar to other aquifers previously discussed. Technical feasibility. The treatment of this water is likely feasible. However, the development of a well field in this aquifer alone, capable of producing the quantities of water needed by the City will most likely be difficult and require significant well spacing thereby increasing costs. A testing and groundwater modeling program would be needed to determine well spacing requirements and water treatment needs. If wells in the FIG are a desired source, then consideration should be given to using them in • conjunction with wells finished in the Mt Simon-Hinckley aquifer. Reliability. On a regional basis, this aquifer can be reliable in some areas and not in others. Near Savage the FIG is separated from potential surface contamination by a confining layer making it less susceptible to contamination than the aquifers listed above. Preliminary construction costs. Construction costs are based on 7-700 gpm wells about 530 feet deep each, and about 9,800 feet of raw water transmission main to connect the wells to the treatment plant. Construction costs: $8,000,000 Mt Simon-Hincklev aouifer General. The City currently has one Mt Simon well. Well 2 is located below .the bluff and pumps directly to system without filtration. This aquifer is protected by State statute 103G.271R which states that the Commissioner of the DNR may not issue new water use permits that will appropriate water from the Mt Simon-Hinckley aquifer unless the appropriation is for potable use and there are no feasible or practical Mr. Bruce Bullert July 27, •1994 Page 7 alternatives, and a water conservation plan is incorporated with the permit. It is the next aquifer below the FIG separated from it by the Eau Claire formation which is a confining unit. Fen impacts. The Mt. Simon-Hinckley aquifer like the FIG aquifer is not in direct hydraulic connection with the Prairie du Chien aquifer. No impact on fen water levels would be anticipated even if significant quantities of water were pumped from the aquifer. The Minnesota Department of Natural Resources (DNR) may approve an appropriations permit for wells drilled into this formation if regulatory conditions are satisfied. Additional consultation with the DNR would be advisable before selecting this aquifer as a source. Water quality. The following data is taken from well 2 and other nearby Mt. Simon wells. Iron: .56 - .62 mg/1 Manganese: < .02 mg/1 Hardness(as CaCO3) : 190 pH: 7.6 Radium 226: 4.5 pCi/1 Radium 228: 9.4 pCi/1 Treatment requirements. The type of treatment required for this water to meet pfimary and secondary MCL's outlined in the SDWA is similar to that currently utilized by the City at treatment plant no. 2. Radionuclides in this source have been a concern in the past, however they are below proposed drinking water standards. Technical feasibility. The treatment of this water is technically feasible. Even if special treatment for radionuclides is needed the water can be treated without difficulty. However, the development of a well field in this aquifer alone, capable of producing the quantities of water needed by the City.will most likely be difficult and require significant well spacing thereby increasing costs. A testing-and groundwater modeling Mr. Bruce Bullert July 27; 1994 Page 8 - program similar to that proposed for the FIG aquifer would be needed to determine well spacing requirements and water treatment needs. If wells in the Mt Simon-Hinckley are selected as a source consideration should be given to using them in conjunction with wells completed in the FIG aquifer. Reliability. On a regional basis, this aquifer is generally considered reliable. It is separated from potential surface contamination by several confining layers making it less susceptible to contamination than any of the other sources available to the City. However, pumping from this aquifer in the metro area has produced a trend of continually declining static and pumping water levels during summer months. This raises some concerns over the long term reliability of this source. Preliminary construction costs. Construction costs are based on 6-900 gpm wells about 790 feet deep each, and about 7,600 feet of raw water transmission main to connect the wells to the treatment plant. Construction costs: $8,200,000 Surface Water Source Minnesota River General. Some consideration has been given to using the Minnesota River as a possible source of drinking water for the City of Savage. Such a source would trigger a different set of treatment processes in order to meet the SDWA requirements. Treatment would be more complex and costly, and would not produce a water quality that could match any of the groundwater sources. The treatment process would have to be designed to reduce regulated contaminants and provide high removals of giardia and cryptosparidium. These pathogens occur in surface waters and can be difficult to remove, causing water born disease outbreaks such as those experienced recently in Milwaukee, Wisconsin. Mr. Bruce Bullert - July 27-, 1994 Page 9 Fen Impacts. There would be no fen impacts if the Minnesota River were used as the City's water source. Water Quality. The quality of water in the river is the poorest of all the sources considered. Most samples taken in 1992 had significant amounts of suspended sediments and notable fecal coliform and fecal streptococci colony counts. A copy of 1992 tests taken near Jordan, MN is attached. Treatment requirements. This source would require a significantly more complex treatment plant than currently exists in Savage. In order to comply with the SDWA it would have to include settling basins, flocculation/coagulation processes, filtration, disinfection and stabilization. In addition to the more complex treatment there would be a significant increase in waste sludge handling and disposal, as well as water quality testing. River intake maintenance and general upkeep of the plant would be far more labor intensive than similar procedures for a groundwater treatment facility. Technical Feasibility. While- the treatment of. surface water is complex compared to groundwater it is still feasible. The Cities of St. Cloud, Minneapolis and St. Paul all use the Mississippi as their source for water. Limited available land below the bluff and the existence of the wildlife refuge along the river may complicate locating any intake and treatment facilities. The regulatory burden to the city for any facility such as this would be very high. Reliability. The Minnesota river cannot necessarily be considered a reliable source from a quantity standpoint. Though not common, flows have been recorded as low as 111 cfs in January (1940) and 178 cfs in August(1936) which is typically a high demand month for city water systems. Flows this low would likely cause water quality to be very poor as well as difficult to collect for treatment. A copy of flow records has been attached for informational purposes. In addition to this, reliability is compromised by the fact that the Minnesota River is an open source, meaning Mr. Bruce Bullert July 27, 1994 Page 10 there is no protection from spills upriver that would require the plant to shut down its intake. Preliminary construction costs. It should be noted that operation costs for surface water plants typically run two to four times higher than those for groundwater plants of comparable size. Construction costs: $13,000,000 Shiely Quarry General. The Shiely quarry is a sand, gravel, and lime rock mining operation located about two miles west of Savage in Shakopee. The pit currently has an appropriations permit with the DNR that allows them to dewater 2.5 billion gallons annually from their pit. The City of Savage has a projected full development need of about 1.6 billion gallons annually. The dewatering water is currently used for washing sand and gravel and then is discharged to the river. The groundwater removed from the pit is primarily from the drift and Prairie du Chien aquifers. As currently removed it may be considered groundwater under the influence of surface water and require the same treatment as a surface water. However, if this were chosen as the City's source, a series of wells would be proposed around the pit to accomplish dewatering and attempt to keep the water classified as a groundwater. Fen Impacts. Initial results from the ground water model indicate that dewatering the pit using wells would not adversely impact the fen. This and the fact that water currently being discharged to the river would instead be used for potable purposes makes this an attractive option to the DNR. The Shiely pit is separated from the Savage Fen by a buried bedrock valley which acts to attenuate any impacts that might be seen at the fen even if more groundwater were removed from the pit than at present. Water Quality. No water quality tests were available at the time of writing this report. However, since the main source of water being removed Mr. Bruce Bullert -- July 27,_ 1994 Page 11 from the pit is the drift and Prairie du Chien aquifers it can be assumed that water quality would approximate that listed above for those aquifers. Treatment requirements. Assuming drift and Prairie du Chien water the treatment would be the same as that listed for those sources earlier. If the water were classified as under the influence of surface water additional treatment would be required. Technical Feasibility. From a facilities standpoint the project feasibility is the same as that listed for Prairie du Chien water. However, there would be more coordination required to locate wells around parts of the pit not planned for mining as well as joint powers agreements or easements needed to get water from Shakopee to Savage. The possibility also exists for creating a regional treatment plant with Shakopee or other communities since the amount of water removed from the pit significantly exceeds that needed by Savage alone. This could result in the creation of an independent utility set up to serve the communities. None of. these challenges appear infeasible at this time. Reliability: Reliability would be the same as that listed for the Prairie du Chien aquifer. If this source is chosen then consideration will have to be given to ensuring that quarry operations do not disrupt supply. Preliminary construction cost. Construction costs are based on 6-1, 000 gpm wells each 150 feet deep as well as 13,600 feet of field piping needed to surround the pit, and 10,000 feet of transmission main needed to convey water to the city. Construction costs: $8,300,000 Kreamer Quarry General. The Kreamer quarry is also a sand, gravel, and lime rock mining operation, however, it is located about two miles east of Savage in Burnsville. The pit is -adjacent to two landfills, the freeway land fill Mr. Bruce Bullert July 27, .1994 Page 12 and the Burnsville landfill. The pit currently has an appropriations permit with the DNR that allows them to dewater 1.6 billion gallons annually from their pit. The dewatering water is currently discharged to the river. As with the Shiely pit the groundwater removed from the Kreamer pit is primarily from the drift and Prairie du Chien aquifers. As currently removed it would be considered groundwater under the influence of surface water and require the same treatment as a surface water. However, if this were chosen as the City's source a series of wells would be proposed around the pit to accomplish dewatering and keep the water classified as a groundwater. Fen Impacts. Initial results from the ground water model indicate that dewatering the pit using wells would not adversely impact the fen. However, should dewatering increase above existing levels the fen may be impacted. Additional modeling would be needed if this source is selected to insure the health of the fen. The fact that water currently being discharged to the river would instead be used for potable purposes also makes this an attractive option to the DNR. Water Quality. No water quality tests were available at the time of writing this report_ However, since the main source of water being removed from the pit is the drift and Prairie du Chien aquifers it can be assumed that water quality would approximate that listed above for those aquifers. The main difference being the potential for contamination from the nearby landfills. At present the water gradients do not flow from the landfills to the pit but present conditions are no guarantee of future security. Treatment requirements. Assuming drift and Prairie du Chien water the treatment would be the same as that listed for those sources earlier. If this source were chosen serious consideration should be given to including additional treatment technologies to account for the possibility landfill contamination. I Mr. Bruce Bullert -- July 27, .1994 Page 13 Technical Feasibility. From a facilities standpoint the project feasibility is the same as that listed for Prairie du Chien water. However, there would be significantly more coordination required to locate wells around the pit in such a way that the pit is still dewatered while not inducing flow from the landfills towards the wells. Joint powers agreements or easements would again be needed to get water from Burnsville to Savage. There is little possibility for creating a regional treatment plant with this source since the amount of water removed from the pit would only be adequate to supply Savage alone. Probably the greatest challenge with this location is its proximity to the landfills. Political opposition to the project could be significant even though treatment of the water would be possible. Reliability. Reliability would be the same as that listed for the Prairie du Chien aquifer. • Preliminary construction cost. Construction costs are based on 6-1,000 gpm wells each 150 feet deep as well as one mile of field piping needed to surround the pit, and a two mile transmission main through developed land needed to convey water to the city. Construction costs: $9,400,000 In summary, the most viable source within the City is a combined use of the FIG and Mt Simon-Hinckley aquifers with a carefully designed well field, while the most viable source outside of the City is the dewatering water from the Shiely quarry. If you have any questions on this information please do not hesitate.to contact me at your convenience. • Sincerely, Brian LeMon, P.E. BL:dsd 23\70\060\3620_1 _ 185 STATISTICS OF MONTHLY MEAN DATA FOR WATER YEARS 1935-1992,BY WATER YEAR(WY) OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP MEAN 1905 1815 1287 792 885 4904 11040 7027 6657 4955 2683 2014 MAX 16030 7643 5216 3344 3992 21170 48210 23030 23830 15250 13910 11020 (WY) 1969 1969 1983 1992 1983 1983 1969 1986 1991 1984 1979 1979 MIN 167 178 158 111 130 322 926 923 633 279 178 183 (WY) 1935 1935 1977 1940 1940 1940 1959 1959 1976 1936 1936 1976 SUMMARY STATISTICS FOR 1991 CALENDAR YEAR FOR 1992 WATER YEAR WATER YEARS 1935-1992 ANNUAL TOTAL 2925100 2840930 ANNUAL MEAN 8014 7762 3836a HIGHEST ANNUAL MEAN 10670 1986 LOWEST ANNUAL MEAN 687 1940 HIGHEST DAILY MEAN 33000 Jun 11 26100 Mar 7 112000 Apr 11 1965 LOWEST DAILY MEAN 375 Jan 23 1980 Nov 6 85 Jan 21 1940 ANNUAL SEVEN-DAY MIN]MUM 382 Jan 22 2120 Nov 3 89 Jan 20 1940 INSTANTANEOUS PEAK FLOW 26200 Mar 10 117000 Apr 11 1965 INSTANTANEOUS PEAK STAGE 24.11 Mar 10 35.07 Apr 121965 INSTANTANEOUS LOW FLOW 1890 Nov 6 79 Nov 171955 ANNUAL RUNOFF(AC-FT) 5802000 5635000 2779000 ANNUAL RUNOFF(CFSM) .49 . .48 .24 ANNUAL RUNOFF(INCHES) 6.72 6.52 322 10 PERCENT EXCEEDS 18500 17000 10000 50 PERCENT EXCEEDS 6100 5200 1520 90 PERCENT EXCEEDS 423 2660 292 a Median of annual discharges is 3.300 ft3/sec. 100,000 - i I I I I I I I 1 I Z 50,000 - Station 05330000 0 - J .0 . Z T . i 20,000 - .L - JJ I' 2 10,000 - 33 L) - z IT 5,000 :.1 2 Q Z - ,silv I 2,000 - 1,000 1 I I I I I I I 1 1 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept 1991 1992 WATER YEAR 186 MINNESOTA RIVER BASIN 05330000 MINNESOTA RIVER NEAR JORDAN,MN-Continued (National stream-quality accounting network station) WATER-QUALITY RECORDS PERIOD OF RECORD.-Water years 1952,1963-69,1972 to current year. REMARKS.-Letter K indicates non-ideal colony count. WATER-QUALITY DATA,WATER YEAR OCTOBER 1991 TO SEPTEMBER 1992 DIS- SPE- PH PH BARO- COLI- STREP- CHARGE, SPE- CIFIC WATER WATER METRIC FORM, TOCOCCI INST. CIFIC CON- WHOLE WHOLE PRES- FECAL, FECAL, CUBIC CON- DUCT- FIELD LAB TEMPER- TUR- SURE OXYGEY, 0.7 KF AGAR 1-i1 DUCT- ANCE (STAND- (STAND- ATURE BID- (MM DIS- UM-MF (COLS. DATE TL14E PER ANCE LAB ARD ARD WATER TTY OF SOLVED (COLS./ PER SECOND (US/CM) (US/CM) UNITS) UNITS) (DEG C) (NTU) HG) (MG/L) 100 ML) 100 ML) (00061) (00095) (90095) (00400) (00403) (00010) (00076) (00025) (00300) (31625) (31673) NOV 27... 1200 6560 917 934 8.1 7.9 0.5 12 742 12.8 96 520 FEB 25... 1345 3740 838 869 8.2 8.0 1.0 5.6 750 12.1 32 210 MAY 2L_ 1030 5280 828 841 82 7.9 203 16 747 11.8 K10 AUG - 31._ 1600 4910 845 868 82 8.4 19.5 30 750 93 120 K17 ALKA- CAR- BICAR- MAGNE- POTAS- LINTI'Y ALKA- BONATE BONATE CHLO- FLUO- CALCIUM SLUM, SODIUM, SLUM, WAT DIS UNITY WATER WATER SULFATE RIDE, RIDE, DIS- DIS- DIS- DIS- TOT IT LAB DIS IT DIS IT DIS- DIS- DIS- SOLVED SOLVED SOLVED SOLVED FIELD (MG/L FIELD FIELD SOLVED SOLVED SOLVED DATE (MG/L (MG/L (MG/L (MG/L MG/L AS AS MG/L AS MG/L AS (MG/L (MG/L (MG/L AS CA) AS MG) AS NA) AS K) CACO3 CACO3) CO3 HCO3 AS SO4) AS CL) AS F) (00915) (00925) (00930) (00935) (39086) (90410) (00452) (00453) (00945) (00940) (00950) NOV 27... 120 43 17 43 280 297 0 342 130 36 0.40 FEB 25._ 110 42 21 4.4 280 284 0 342 130 33 0.20 MAY 21_ 86 46 23 3.8 209 189 0 245 150 36 0.40 AUG 31... 110 44 20 4.6 275 276 0 336 150 31 <0.10 • SOLIDS, NITRO- NTIRO- NITRO- NITRO- PHOS- SILICA, RESIDUE GEN, GEN, NITRO- GEN, GEN.AM- PHOS- PHOS- PHORUS DIS- AT 180 NITRITE NO2+NO3 GEN, AMMONIAMONIA+ PHOS- PHORUS PHORUS ORTHO, SOLVED DEG.C DIS- DIS- AMMONIA DIS- ORGANIC PHORUS DIS- ORTHO DIS- DATE �AS� SOLVED SOLVED(MG/LSOLVED(MG/LTOTAL(MG/L SOLVED(MG (MG/L (MG/L SOLTOTAL (MG/L SOLVED SI02) (MG/L) AS N) AS N) AS N) AS N) AS N) AS P) AS P) AS P) AS P) (00955) (70300) (00613) (00631) (00610) (00608) (00625) (00665) (00666) (70507) (00671) NOV 27... 23 594 0.060 16.0 0.150 0.150 1.2 0.220 0.130 0.120 0.110 FEB 25... 19 633 0.050 730 0.210 02I0 1.2 0.190 0.130 0.140 0.120 MAY 21... . 3.8 540 0.030 7.50 0.020 0.020 1.6 0.130 0.010 0.020 <0.010 AUG 31... 22 583 0.010 5.50 0.020 0.020 0.70 0.110 0.070 0.080 0.070 187 MINNESOTA RIVER BASIN 05330000 MINNESOTA RIVER NEAR JORDAN,MN—Continued WATER-QUALITY DATA,WATER YEAR OCTOBER 1991 TO SEPTEMBER 1992 SED. SUSP. ALUM- MANGA- MOLYB- SELE- SEDI- SIEVE INUM, BARIUM,COBALT, IRON, LITHIUM NESE, DENUM, NICKEL, NIUM, MENT, DIAM. DIS- DIS- DIS- DIS- DIS- DIS- DIS- DIS- DIS- SUS- %FINER SOLVED SOLVED SOLVED SOLVED SOLVED SOLVED SOLVED SOLVED SOLVED DATE PENDED THAN (UG/L (UG/L (UG/L (UG/L (UG/L (UG/L (UG/L (UG/L (UG/L (MG/L) .062 MM AS AL) AS BA) AS CO) AS FE) AS U) AS MN) AS MO) AS NI) AS SE) (80154) (70331) (01106) (01005) (01035) (01046) (01130) (01056) (01060) (01065) (01145) NOV 27... 180 43 10 83 .6 9 35 34 <10 2 6 FEB 25... 43 60 <10 73 <3 9 35 28 <10 2 2 MAY 21... 122 86 <10 73 f3 <3 39 <I <10 <1 4 AUG 31... 174 92 30 81 6 4 36 3 <10 3 3 GROSS GROSS GROSS GROSS GROSS GROSS RADIUM STRON- VANA- ALPHA, ALPHA, BETA, BETA, BETA, BETA, 226, URANIUM SILVER, TNM, DIUM, DIS- SUSP. DIS- SUSP. DIS- SUSP. DIS- NATURAL DIS- DIS- DIS- SOLVED TOTAL SOLVED TOTAL SOLVED TOTAL SOLVED, DIS- SOLVED SOLVED SOLVED (UG/L (UG/L (PCl/L (PCl/L (PCl/L (PCUL RADON SOLVED DATE (UG/L (UG/L (UG/L AS AS AS AS AS SR/ AS SR/ METHOD (UG/L AS AG) AS SR.) AS V) U-NAT) U-NAT) CS-137) CS-137) YT-90) YT-90) (PCl/L) AS U) (01075) (01080) (01085) (80030) (80040) (03515) (03516) (80050) (80060) (09511) (22703) NOV 27... <1.0 350 <6 21 <0.6 10 5.0 7.6 43 0.12 16 FEB 25... <1.0 350 <6 — — — — — _ MAY 21... <1.0 370 <6 — — — — — — — AUG — 31._ <1.0 390 <6 11 1.8 8.2 53 6.2 4.9 0.13 11 TO: Members of the City Council FROM: Tom Steininger SUBJECT: Non-agenda information item DATE: 12 29 94 The attached material relates to the conversation we had earlier this week about recruiting and testing members of protected classes for the position of police officer. - • Personnel Decisions, Incorporate Building Successful Organizatic i..._,,,, -11,31-1_,- t 1� s r o�ice{ J&'�V 1 _t� Y - J, • ``' 'L k , L ,