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HomeMy WebLinkAbout12/21/1982 .1Z,Z) MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: December ,16 , 1982 1 1 . Reminder, City Hall will be closed December 24th and 31st . 2 . The recent legislative special session impacted the City in two ways . As you all know, public employees will be now contributing an additional 2% to their PERA contribution for the 12 months of 1983 , and the City will be receiving a cut in its December 15th state aid payment of roughly $13,000 . As City Council had discussed earlier this year, this cut will be made from the General Fund Contingencies which currently contain nearly $60,000. 3 . At the last Council meeting, Councilmember Lebens asked why the Scott County insurance carrier had not bid on the City ' s health insurance package . I called Lee Hennen to ask him a number of questions including this one , and he said that he had requested a proposal from the County' s carrier and they had declined. He stated that they had taken this posi- tion because recent financial difficulties had caused a policy change in the company and they were no longer bidding governmental packages . 4. Mrs . Lebens contacted me regarding complaints about the Hospital ' s new incinerator which is producing very dark smoke. I contacted Tom Prusak at the Hospital and he indicated that the Hospital had also received complaints about it , was unhappy with the performance of the new incinerator, had requested that the PCA determine if the smoke met air quality standards and had contacted the manu- facturer to express their dissatisfaction with the current incinerator. Tom has agreed to send me a copy of the PCA report when they complete their analysis and to keep me posted on the status of the Hospital ' s efforts to correct the problem. 5 . The City Engineer has notified the overlay contractor that there are problems with the overlay on 10th Avenue. The contractor is still under warranty and will be in this spring to resolve the problem. 6 . Jim Karkanen is planning to send property owners with trees or tree branches obstructing vehicles in the alleys a notice that: the trees or branches need to be trimmed back. Jim has planned to make this a City-wide mailing and to site the City ordinance regarding maintaining trees in alleys . 7 . The resolution ordering the Highway 101 frontage road improvements was adopted January 19 , 1982 . If a contract is not executed within one year from the date the resolu- tion is passed, the 429 assessment improvement process Non-Agenda Informational Items Page Two December 16 , 1982 must be started over. Our negotiations with School Bus Sales and the State are still moving so slowly that it now appears that we will indeed have to start the 429 process over because we will not have an agreement by January 19, 1983 . Under current negotiations , the State has indicated that they may be willing to permit the contruction of 'the frontage road in front of School Bus Sales without requiring that the frontage road curve to the south . This was the expense that we are trying to avoid when the road was designed to run behind School Bus Sales . If you have any questions about the status of these negotiations please contact me . 8. Attached is the information you will need for the Council agenda item under Other Business entitled Personnel Action. This information has been provided in your informational packet, but the decision you make must be made at a regular Council meeting. Please read the material carefully and call me prior to the Tuesday meeting if you have questions about the action Council may take or the specifics involved in the employee disciplinary action. 9 . Attached is the fund balance summary for the month ending November 30, 1982 . 10. Attached are the minutes of the November 18 , 1982 Energy and Transportation Committee meeting. 11 . Attached are the minutes of the November 8 , 1982 Shakopee Public Utilities Commission meeting. 12 . Attached is a lengthy letter the Mayor received from a Yellow Cab driver. The letter is lengthy and entertaining, and the recommendations begin with the last paragraph on page 8 if you do not want to read the whole letter. Please contact the Mayor if you have any questions about the letter or any desire to take some action. 13 . Tom Brownell has informed me that the number of tickets issued to people parking their cars on the wrong side of the street during the snow removal ban is dropping. Apparently more people are starting to abide by the rules . 14 . Attached is the Revenue Report for the month ending November 30 , 1982 . 15 . Attached are the unapproved minutes of the December 8 , 1982 Industrial/Commercial Commission. 16 . Attached is a memo from Gregg Voxland regarding a bill for 1982 Ford Dump Truck. 17 . Attached is a memo from Scott County Environmental Health re : Scott County Board approval of the Leasing Agreement between Recycling Unlimited and the County. 18 . From what we have learned to date , we do not belive we were funded for the Second Avenue Community Development Block Grant Application. i a . g MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Employee Disciplinary Action DATE: December .6 , 1982 Introduction On December 3 , 1982 I took disciplinary action against the City Engineer in the form of a written reprimand as outlined in the City' s Personnel Policy Sec . 20 Subd. 2 paragraph #2 . The City ' s Personnel Policy was established by Resolution No. 1571 passed March 5 , 1980. As provided in Sec . 16 Subd. 18 of the Personnel Policy, the City Engineer has requested a hearing before Council to review the disciplinary action. Background The background outlining my earlier discussions with the City Engineer about his failure to let the proper people know when he leaves the office and when he plans to return, is covered in the December 6 , 1982 disciplinary action memo entitled Written Reprimand for the City Engineer, my October 13 , 1982 quarterly MBO meeting memoitem 2 .d. , and copies of the personnel policy. I had planned to simply cover this written reprimand in a 3-part memo to the City Engineer, but upon his request for a hearing decided it was necessary to put it in standard memo form. Council Procedure City Council must hold the hearing if it receives a written request for the hearing by the employee (attached) . Council must have the hearing within 10 days of receiving the notice from the employee. No guidelines are established for the hearing, therefore, I assume the Council will examine the information it has , listen to the explanation by the parties involved, and make a decision. Disciplinary Alternatives 1 . Uphold the written reprimand of the City Administrator. 2 . Modify the written reprimand of the City Administrator. 3 . Drop the written reprimand of the City Administrator. Recommendation Since this is a Council hearing regarding an action I have taken to discipline an employee I do not believe it is appropriate for me to make a recommendation. Action Requested Motion to uphold, modify or drop the City Administrator ' s written reprimand of the City Engineer for his failure to leave proper notice as to his whereabouts after having been given oral reprimands (notice ) about it as provided in the Personnel Policy Sec . 20 Subd. 2 . 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Spurrier, City Engineer Personnel File FROM: John K. Anderson, City Administrator RE: Written Reprimand for the City Engineer DATE: December '6, 1982 Incident Prompting Written Reprimand On Thurdsay, December 2 , 1982 , I was assisting the City Clerk in the gathering of agenda materials (memos ) from various department heads so that she could begin typing the agenda after lunch. In talking to your secretary, I learned that some of the memos in question were typed and in your in-basket ; but that you were out , hadn' t checked and initialed them, and hadn' t told your secretary where you were or when you planned to return. This caused a good deal of uncertainty about just what memos would eventually be ready for the agenda . Even though I suggested to the Clerk that she use the memo subject headings to type the agenda, there were still others missing but "expected". Prior Oral Reprimands This was precisely the type of incident you and I had talked about correcting during our 4th quarter MBO meeting October 13 , 1982 (memo attached) . The MBO memo noted that with progress during the 4th quarter I 'd take you to lunch and without progress I 'd have to find some negative reward. As discussed October 13th this was to be in the form of disciplinary action. The discussion at this quarterly meeting ran the gamut of ways in which you might improve on this and other work habits and I gave you a copy of some "Time Management" information I had . Discussion of Incident On December 3 , 1982 we discussed the breakdown in the process , the hassel it caused others and I explained that I felt it necessary to put my concerns in the form of a written reprimand. You explained that you had left word with Ray Ruuska that you were leaving because your secretary was out ; and that this was the first problem of this nature since the quarterly meeting. I agreed that I hadn ' t experienced a problem in two months and did not contest your statement that you told Ray, I simply maintained that the person who needed to know, your secretary ( see 10/13/82 MBO memo) , didn' t know even though she was in the building at the time you left . This caused the agenda uncertainty to carry over to Friday because you did not return before the office closed on Thursday. Written Reprimand As per our discussion December 3 , 1982 , and based upon prior oral reprimand , I am providing this written reprimand as a warning of Written Reprimand for the City Engineer Page Two December 6 , 1982 potential future action. Should we again not be able to locate you because you have not left word with your secretary or those in front taking tcalls, Ihe Pwill eeithern, r suspend you for 3 days without pay or put you back on probation for 3 months . 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November 18 , 1982 Chairman Anderson called the meeting to order at 7 :40 p.m. with Commit- tee members David Dunwell , Lauren Sorenson, John Toppin and Robert Ziegler present . Dawn Schwingler, Freeman Chi-Shing Tsui and Loren Wolfe were absent . Also present was Administrative Assistant Jeanne Andre . Chairman Anderson noted the members present . Toppin/Ziegler moved to accept the minutes of October 21 , 1982 , as presented. Motion carried. The Chairman got concensus that the Committee discussion on the Metro- politan Council Transportation Development Guide/Policy Plan was accurately presented to the City Council . The Administrative Assistant presented background on the dial-a-van transit system operating in White Bear Lake. Discussion was held on the best technique to survey Shakopee transit needs considering that a budget and manpower have not yet been deter- mined. The concensus was to have staff explore a telephone survey as the first choice, a detailed questionnaire mailed to persons who have agreed by telephone to be surveyed as a second choice , and a short survey mailed with Shakopee Public Utilities billings as the third choice . Discussion then focused on the type of survey questions , with the premise that a telephone survey could be conducted. Sample surveys previously undertaken by the MTC were used as a guide. Staff agreed to prepare a draft survey based on Committee comments by the December meeting for Committee review. Dunwell/Ziegler moved to have staff research the cost of the proposed transit survey and approach the City Council with a request for an appropriate budget allocation. Motion carried. Toppin/Sorenson moved to have staff contact the two Committee members who have not attended any of the Committee meetings to date, explain the problem with conducting business without a quorum and ask their intentions regarding future attendance . Motion carried. Ziegler/Toppin moved to start future meetings promptly at 7 : 30 p.m. and aim to complete all meetings by 10:00 p.m. Motion carried. Dunwell/Ziegler moved to adjourn at 9 :40 p.m. Motion carried. Jeanne Andre Regarding Secretary 1/ MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in adjourned regular session on November 8, 1982 at 4:30 pM in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Nolting and Kirchmeier. Also Liaison Wampach, Manager Van Hout, Superintendent Leaveck and Secretary Menden. Motion by Kirchmeier, seconded by Nolting that the minutes of the October 14, 1982 regulat meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 ABM Equipment & Supply Inc. 17.94 Alpha Tools Products 4.00 American Casting & MFG Corp 430.01 American Water Works Association 48.00 Associated Mechanical Contractors 34.94 Auto Central Supply 124.69 Barron Bethea Co. 316.80 Bentz Construction Inc. 285.00 Boardman, Suhr, Curry and Field 225.40 Border States Electric 1,041.23 Burmeister Electric Supply 537.76 Burroughs Corporation 519.87 Burroughs Corporation 30.40 City of Shakopee 1,133.55 Elk River Concrete Products 60.00 Dicks Service 3.15 Dressen Oil Company 21.96 Dunning Hardware 12.46 Power Line 25.00 Fairmont Public Utilities 346.71 Feed Rite Controls Inc. 81.48 General Electric Company 90.92 Graybar 8,938.40 H & C Electric Supply 223.50 Harmon's Hardware Hank 41.24 Hennens ICO 13.56 Leef Bros. 7.75 Metro Sales Incorporated 55.00 Minnesota Public Utilities Commission 22.50 Myers Automotive and Tire 44.00 1/ Neenah Foundry North Supply Company 191.10 Northland Electric Supply Co. 382.47 82.47 NSP NSP 169,484.42 NSP 287.65 Pitney Bowes 691.38 Ring Fire Extinguisher Co. 1 .50 Schliz Ornamental Iron 144.50 Schoell & Madsen Inc. 10.00 SPDC 52.88 Shakopee Valley News 82.92 .87 Tom Siebenaler 59.90 Dean Smith Trenching 7.90 207.50 Starks Cleaning Services 17.30 Suel Business Equipment 80.49 Ralph Thomas Const. Co. 207.60 Valley Industrial Propane Inc. 10.77 Louis Van Hout 46.69 Water Products Company 375.09 Wesco 319.24 City of Shakopee 2,270.10 City of Shakopee 18,658.00 City of Shakopee 32,342.34 Motion by Kirchmeier, seconded by Nolting that the bills be allowed and ordered paid. Motion carried. Manager Van Hout informed the Commission of a meeting to be held at Howe Chemical Co. on November 9, 1982 with the Minnesota Health Department. A discussion was held on adding interest charges to Shakopee Public Utilities Commission miscellaneous billings and billings for installation charges on Underground distribution systems. Motion by Nolting, seconded by Kirchmeier to begin charging 111% on the unpaid balance on all miscellaneous billings over the due date. Motion carried. Manager Van Hout informed the Commission there will be a resolution prepared for the next meeting establishing an underground distribution agreement. Superintendent Leaveck informed the Commission of bids taken on two trucks. Motion by Nolting, seconded by Kirchmeier to purchase a 1983 1 ton cab and chassis from Malkerson Motors in the amount of $9,115.00 and approving the purchase of a fiber glass body in the amount of $3,800.00. Motion by Kirchmeier, seconded by Nolting to approve the purchase of a 1983 4 x 4 truck from Shakopee Ford in the amount of $9,970.67. Motion carried. Motion by Kirchmeier, seconded by Nolting to authorize Resolution #251, A Resolution Authorizing Collection of the Trunk Water Charge and Approving of the pipe Oversizing on the Watermain Project - Highway 101, East of Cretex. Ayes: Commissioners Bishop, Nolting and Kirchmeier. Nayes: none. Motion carried. Resolution passed. Motion by Molting, seconded by Kirchmeier to authorize Resolution #252, A Resolution Approving Payment for Oversizing on the Watermain Project - Highway 101, JI East of Cretex Plat, City of Shakopee #80-11. Ayes: Commissioners Bishop, Nolting, and Kirchmeier. Nayes: none. Motion carried. Resolution passed. Motion by Kirchmeier, seconded by Nolting to authorize Resolution #254, A Resolution Authorizing the Execution of an Agreement for an Overhead 13.8 KV Cable Crossing. Ayes: Commissioners Bishop, Nolting and Kirchmeier. Nayes: none. Motion carried. Resolution passed. The office remodeling was discussed. Motion by Nolting, seconded by Kirchmeier to authorize the Manager to proceed with the remodeling of the Shakopee Utilities offices and authorize him to employ outside consulting requirements if needed at an amount not to exceed $50,000.00. Motion carried. Manager Van Hout explained a visitation program with the Industries conducted by the Industrial Commercial Commission. The watermain to be installed for the new Correctional Institution was discussed. Motion by Bishop, seconded by Kirchmeier that the policy requirement be that the line be at least a 10",run from South to North and a 6" line to St. Mark's Road. Motion carried. Motion by Kirchmeier, seconded by Nolting that the Shakopee Public Utilities Commission pay the oversizing costs between a 10" and 12" watermain. Motion carried. Motion by Nolting, seconded by Kirchmeier to authorize Resolution #253, A Resolution Accepting Work on the 81-2KT Pumphouse for Well #6, a part of the K-Mart Tax Increment Project. Ayes: Commissioners Bishop, Nolting and Kirchmeier. Nayes: none. Motion carried. Resolution passed. The Liaison report was given by Jerry Wampach. Superintendent Leaveck reported fire calls totaling 1 hour and 55 minutes for the month of October, 1982. There were no loss time accidents for October, 1982. The next regular meeting date will be held on December 6, 1982 at 4:30 P.M. in the Utilities meeting room. Motion by Bishop, seconded by Kirchmeier to extend Thanks and gratitude to Russ Nolting for dedicated service to the Shakopee Public Utilities Commission and best of luck on his retirement. Motion carried. Motion by Nolting, seconded by Kirchmeier that the meeting be adjourned. Motion carried. ou Van Hout, Manager December 8, 1982 Mayor Eldon Reinke 3071 Haver Trail Shakopee, MN 55379 Dear Mayor Reinke: On Tuesday, November 9, 1982 , about 11 : 30 in the morning, Mrs . Evangeline Odegard called a taxi to her home, the St. Louis Park Health Care Center, and travelled downtown to Dayton ' s department store for a little spree of shopping and lunch. Around 2 : 45 that afternoon, she called the taxi to come and get her to bring her home. An hour later, her 63-year-old driver lay dead in Hennepin County Medical Center and 67-year-old Mrs. Odegard was struggling to overcome breathless hysteria caused by a wild, crashing, auto chase of her taxi by four other taxis from Dayton's 8th Street air door to Laurel just past 12th Street near the West bound entrance to Highway 12 . Hundreds of homeward bound commuters were forced to drive around the Town Taxi pinned to the Southern curb on Laurel by the four Yellow Cabs . On the boulevard, the four Yellow drivers, in their 20 ' s and early 30 ' s, badgered the Town Taxi driver at the top of their lungs as he turned flourid with self-righteousness . They took Mrs. Odegard out of the Town Taxi and put her in Yellow Cab #2 . I was crawling along in the jammed traffic in Yellow Cab #75, which I leased for forty dollars a day plus gas from an in- dependent taxi owner. I was driving a lady passenger whom I had picked up on 9th Street to her house at 24th and France Avenue South. She had been telling me about the insane cabs crashing into each other and racing down the street, when I saw the strange daisy up ahead, with the bright yellow petals around the dark orange center. Another Town Taxi was at the Northern curb of Laurel over to the right, further constricting the flow of traffic . I was in the left lane, barely moving, and as we neared 12th St. , a Yellow driver walked up and asked me where I was going. I said 24th and France and he asked me if I could take a passenger to St. Louis Park. It is commonplace for a cab with a flat tire or breakdown or out of gas to request another cab to take its passengers on to save them inconvenience . I momentarily assumed that a cab had page 2 stopped to attend the accident or help calm the fray. It made momentary sense because the passenger was going the same way mine was . I asked my passenger if she would like to split her fare with another passenger and she said "Sure . " I asked why the dis- patcher couldn ' t send an empty cab and the driver who had ap- proached me said that the dispatcher had sent a squad and wouldn ' t talk to them on the radio anymore. I ' d heard the dis- patcher say to somebody that if the cab had been called, "then it ' s legal . " Then the dispatcher had called for other cabs to help a Yellow at Dayton' s 8th Street air door. Then a different dispatcher had said that the squad was on the way and to stay off the air because he had orders to get out. It was a busy after- noon. The Yellow drivers escorted Mrs . Odegard from Yellow Cab #2 over to my cab. As she got in behind me, I stopped but did not get out, as I was still in a traffic lane. A silver haired man ran up and asked her name and held the door the drivers were closing. She almost screamed: "I 'm Mrs . Evangeline Odegard and I live at the Park Plaza! " He nodded and said "3201 Virginia, right?" She said yes and the Town Taxi driver backed away. Another driver stepped over near my window and said "I 'm #106 . This lady does not pay. Make out a charge slip to me for her fare ! " I said "Got it" , reached back and pulled the door shut and drove forward around the cabs out onto Highway 12 as Mrs . Odegard, sounding as if she was having an asthmatic attack, burst out to my passenger and me : "Those drivers ! They took me over the curb and down the sidewalk! " My original passenger said "Yes, I saw them crashing into each other when I was waiting in front of the Physicians and Surgeon' s Building. " I became furious . I realized that this lady had been a pas- senger in the Town Taxi . The Cardinal Rule of liverymen for thousands of years had been broken. Never upset or endanger a passenger . Taxicab numbers are boldly imprinted on all cabs , so they can be taken down and reported to competent authority. What was the chase for? I had been too long hammer-trained in the San Francisco taxicab industry, which by sheer statistics has to be the toughest and most experienced in the world, not to recognize my immediate duty. I know that I had to ordinalize my passenger ' s life as much and as quickly as possible . The pageant of whirling red lights and sirens with "Trauma Time in the City" may provide a staple of excitement behind the knobs or past the ticket taker, but for actual people, in their lives, if they are involved, its far from a tonic . Mrs . Odegard was going home . As my original passenger talked to her, calming her, I drove smoothly to 24th and France, got out and walked around and opened the door. She was giving Mrs . Odegard condolences . I waited. Real cab drivers have unlimited patience. They get out and run page 3 around and open doors fifty or a hundred times in a shift and manage to avoid phlebitis and other circulatory disorders . My original passenger asked me how much she owed. I hadn ' t intended to charge her. I looked at the meter which said $5 . 95 . I said three dollars and she handed me four and thanked me . It was still daylight so I didn' t wait for her to get into the house, although normally I would have anyway. I drove straight to 3201 Virginia Avenue South, talking calmly and sympathetically to Mrs . Odegard all the way. I es- corted her into the St. Louis Park Plaza Health Care Center, carrying her shopping bag. I sent Mrs . Odegard on in, refusing any payment from her, which she offered. Then I asked the re- ceptionist for the head nurse and the Supervisor. They came out and I told them what had happened and requested immediate medical attention for Mrs . Odegard. I gave them my name and cab number and asked that they report it to the police . I did not know at that time that the Town Taxi driver had collapsed when police arrived. It must have taken a while for the ambulance to get to 12th and Laurel in that traffic jam. I suggested that the Health Care Center ' s Attorneys speak to Mrs . Odegard and gave my word as I apologized and left that I would make a complaint about the in- cident. I am. The odd passivity which at times accompanies frustration entering great anger came over me as I drove back into town. I had been made a party to kidnapping with bodily harm, assault and battery and assault with vehicle to the person of an elderly lady in frail health out on a little jaunt she could barely afford, to brighten her week. When I got back into town, the dispatcher ' s voice was urgently calling all the stands, which were empty or already taking on passengers . The traffic lanes were clear at 12th and LaSalle. I stopped at a phone and called Mrs . Odegard' s name and address in to the non-emergency number at Minneapolis Police Head- quarters . Then I took an order to a condominium on lie for a lady to the IDS . I saw a frantic waver at Dayton ' s or and, after taking a man on the curb at the IDS building to the con- vention center, went back to the frantic waver, a young lady who had a package to go to Brookdale . I called the harried dis- patcher and told him I had the Brookdale package, one of several from Dayton' s which he had to get out among the many other orders . He thanked me and I moved on through my shift. The next day I heard the dispatchers announcing several times that if anyone from the news media approached any driver, he was to refer them to Mr. Morgan of the taxi association. page 4 When I turned my cab in I came upon a meeting of the Board of the Yellow Cab Association. I tried to talk to them, but they halted me and asked me to wait outside and talk to their attorney which I did. He told me not to volunteer any information to any- one and said that he didn' t think that I had done anything wrong. I think that the reason attorneys have to attend school for so long is so they can practice holding benign expressions on their faces when they say things like that. The driver of #106 asked me how much he owed me for the lady' s fare. I told him I ' d turned in a charge slip the day before. He nonchalantly said that a taxi industry goes through growing pains in a changeover to independents and leasing. I told him that cities aspiring to changeover to convention business can' t do it by breaking con- ventions. I didn ' t think he understood entirely what I meant, but I left anyhow. The Board was meeting. I learned later that they voted not to suspend the four drivers. They'd made their decision and I would make mine. That ' s the meaning of in- dependence. I also decided that whatever strange variety of middle-management types they were, they weren 't cab drivers . They had become businessmen who had bought cabs with the in- sinuations of permits for $1500 . 00 and were waiting to unload the cars with the insinuations of the permits for $10, 000 . 00 or more. In 1980, proposition K passed in San Francisco by a large margin. Independent Taxi associations spent a quarter of a million dollars asking voters to defeat the proposition. No money was spent to promote K. It reduced the value of the taxi permits in San Francisco from an average going price of $40, 000 each to zero, by making them non-transferrable. The association sued all the way to the Supreme Court, but the will of the people is the meaning of elections . Now, persons wishing to hold a permit sign up in San Francisco City Hall and wait for a permit to come up with the quitting, retirement or passing of a driver. I knew that the guys buying 1977 through 1981 cars in Minne- apolis for five to seven thousand dollars more than the sale value of the cars were walking into a bear trap. When voters learn that interest on loans to buy permits, through whatever kind of legal maneuver, drives taxi meter rates up, the axe falls at the polls. That ' s written on the wall . When profiteers draining off money leaving taxi industries anemic in equipment and causing good drivers difficulty in earning a decent living without piracy and demeaning practices, then sooner or later, the problem comes to the major authorities of the permitting municipalities . A cab driver is a public servant in private enterprise. Someone who, for the time of service, has given up on getting anywhere himself, in a sense, and is devoting himself to helping others get to where they are going. He is sober, prudent, reliable, comic when fitting, and perfectly capable of driving his vehicle loaded with injured from a disaster area where tor- nado, fire or flood has passed, to an emergency medical triage page 5 point. He engages in random on-call public transportation which can support any other mode or combination of types of public transportation to the point of success . He can also, along with good head waiters and bartenders in the unanimous opinion of the great cities of the world, make or break convention business . In the past five weeks in Minneapolis, particularly during the meeting of 4000 Sweet Adelines and subsequently during the meeting of 6200 Neuroscientists; altogether 10 , 000 well-spending, melodious and intelligent people convening to exchange ideas, feelings , social and specialized attitudes; I witnessed future convention business being pulverized, not merely broken. Over three-fourths of the cab drivers in the Twin Cities are skilled drivers and probably good-hearted people . But in the haphazard and overstressed taxicab industry in the greater Minneapolis-St. Paul area today even many of the good drivers are slipping badly. As one example of thousands which the cities ' drivers and taxicab inspectors can document for you: .I was called to the Leamington 400 Motor Hotel to pick up a party. I got there and noticed a string of cabs across the corner in front of the Curtis Hotel . I wondered why one of them hadn' t taken the order from the dispatcher. I came from four blocks away and they were right across the street on a stand. The foursome got into my cab and asked to go to Grandma' s . They were late for lunch. I said that I wondered why one of the cabs over there hadn' t come to get them. The lady in the front seat said she had just called Yellow Cab to complain because they had asked the first cab in line to take them and he had yelled at them that he ' d waited in line for half an hour and wasn' t going anywhere but to the airport. In San Francisco this is called refusal to convey. It is not tolerated. I explained to them that this afternoon all the attenders of the Neuro Science Convention were leaving and these drivers loved the airport runs . They told me that they were Neuro Science Conventioneers and asked me to pick them up at Grandma' s an hour later. I did, and then took them to their three hotels to pick up luggage and then on to the airport. They gave me what amounted, with tips, to two airport runs from the Curtis and thanked me for my courtesy but inferred that they would not recommend the convention return to Minneapolis again. One of them said she was "on the com- mittee. " Wracking my brain for something to say in parting after placing their luggage on the sidewalk to await the skycap, I said that, in any case, I should hope to see them again sometime in San Francisco or St. Paul . They smiled as I drove off. Poor Min- neapolis, I thought: City of The Laughing Native Maiden. My birthplace and happy home. How have you come to this? page 6 The poet Mr. Robert Frost said "Good fences make good neighbors . " But even Mr. Frost would occasionally have "promises to keep, and miles to go before I sleep. " Any little old lady, in any community in the Metropolitan area stuck between points on a home-laundry-grocery-home excursion should have safe, reliable, comfortable, economical short-trip transport at fingersnap call . These women who have made our society deserve at least such when their men are gone and their children are busy, don' t you think? Is there any place around here, be it Anoka or South St. Paul or Stillwater or Shakopee or Minneapolis or St. Paul where she doesn' t deserve the action of the community to protect and preserve the existence of such service and, especially, cause the initiation of such service? The older professors of law from Hastings in San Francisco and Boalt Hall at Berkeley used to lecture me from time to time as I would chauffer them home. They would tell me that the law was not set up so much to "Let Right Be Done" as is carved over building entrances in old English and translates as the San Francisco Cab Driver' s axiom: "Do the right thing" , but that the - primary practical purpose of the law was to prevent riots, lynchings and other criminal disorders. They also said that the responsibility of the law finally rested on the polis, or indi- vidual town, city or borough government, no matter what the over- laying governments, councils and authorities prattled about. They said that responsibility is the ability to respond, and if the polis doesn' t, then its all lost. One 86-year-old professor with snow hair, pink skin, and the soft manner of an emeritus, once told me as he was debarking the taxi something I ' ll never forget, but have trouble sometimes getting a good grip on. He said: " . . . and if you ever see a smoking gun, then load yours . " The Minneapolis Star and Tribune, which in the last few years appears to have become infected with the conceit of deceit, reported in a few column inches on the lower left inside corner of page 9 B of its Veteran' s Day edition that Irving Luftman, the Town Taxi driver had died of a heart attack after a jurisdic- tional dispute with Yellow Cabs which had blocked him after he had picked up a passenger downtown. The piece was finalized with the carelessly attributed and journalistically omnipotent statement: "No charges will be filed, police said, because no crime has been committed. " I got angry again. I had talked to the Star and Tribune reporter the night before, after the association meeting. I called Homicide and spoke to a detective named Jack. Then I called all the papers and stations . A young dispatcher in the WCCO-TV newsroom asked me if I didn' t feel that I was being a traitor to the other Yellow drivers . I paused for a moment, trying to remember that clenching my teeth too hard could cause periodontal problems, then told him calmly that I was not Yellow page 7 and the only traitors are to the truth . His voice took on a nasal quality and he said that he would pass the information on. I thanked him. Politeness makes polite society. It ' s good to thank people even if you don ' t believe them. The world needs polite society. I stopped by a little diner on Lake Street and recognized some policemen I remembered from 1979 when I got out of my Blue & White cab and ran down an alley in South Minneapolis to help catch a kid with a strange act who, it turned out, had just killed a gay man near Loring Park. He was acquitted, but four months later terrorized a family in a garage and got sent up. I told the police about the lady from the Town Taxi . A jowly plainclothes cop with a distinct New York accent muttered with a mouthful something about "old scum bag" and "Nursing Home" and I did an acquiescent walkaway. I 'm easily startled and I know that you can ' t fight some growths , even if you grind up the seeds and burn the branches . In San Francisco even the off-duty policemen carry guns . Even when they ' re drunk, and they have shot people , usually in bars near headquarters . You never argue with the police . Not even traffic cops . It takes too much time . The officer writes a ticket and the passenger and public see that a cabbie can ' t get away with murder around there . You go to referee court to plead insanity, but the officer hasn ' t turned in a report and the referee dismisses the charge and you are truly repentent because you made the left turn at one minute after rush hour traffic and its wrecked your day to come to court and justice is served and your astronomical insurance rates are un- disturbed. You surrender your passenger to a policeman only if he or she lets you write down his or her I .D . number from his or her photo city, county, state or federal I .D . card. Anybody can swipe a badge or rent or buy a uniform. I walked away from the Lake Street diner wondering what a New York cop was doing in Minneapolis . I drive my leased cab nights in Minneapolis now. It ' s tough because business is sparse . There are a lot of drivers on the street, each paying a high "gate" for the cab for ten or twelve hours plus gas . The night dispatcher feels imbued with power and gets mad at drivers who get mad at him. We don' t have many button-pushers in San Francisco. If you hold a mike button open you may be blocking the transmission of a driver calling in a Mayday and location as his throat is being cut. Dispatchers who provoke this kind of behavior are not liked and don ' t last in San Francisco. The dispatchers of City, Veteran ' s, DeSoto, Yellow and Luxor in San Francisco, all of whom I ' ve worked for and with, are the best that breathe . page 8 This micro-phony is dictating to the drivers all night. He and some other guys own the radio service. They gave him the dog shift. He is not friendly to my number in bidding orders . I sense it, after 15 years of dealing with dispatchers in San Fran- cisco. I call in and inform him that I can hear clear Diamond Cab transmissions from St. Paul on the channel . He gives me a lecture on electronic eccentricities . DX-ing on the airwaves . No clear channel for cabs, I wonder. That ' s dangerous and in- efficient. What if I 'm on the freeway--trying to report a fire, personal injury, or accident and the channel is not clear-call? Now the night dispatcher fills the radios with the discussions of his snub nose and the fact that he ' s going out for "range practice" today. I 'm thinking that he should sit on his beloved weapon so the disgruntled drivers could call him snub-nose on the air without getting in trouble with the F.C.C. I have been told by another driver who had been with Minneapolis Yellow five years before it sold under, that this dispatcher is the owner of Yellow Cab #2, which Mrs . Odegard had been put into as a holding cell . So he likes the drivers to know that he likes popping off with a bang-bang as well as a radio. Intelligent cab drivers don' t carry guns in San Francisco, although any of them can and many do. If you fire even a . 22- short inside the cab, you' re deaf for a week. A . 357 takes everybody' s head off. I once saw a dude in a dark electric- purple suit sitting in the back of my cab and repeatedly glancing out the back window, as I drove him through the Fillmore District in San Francisco, which is also kind of dark, electric and purple. I sensed more than I knew what was coming and hit the brake hard and spun around both hands and caught his throat in one and his wrist in the other as he was thrown forward. His hand held a pickle-plated . 380 Browning. He let go of the gun and I let go of his throat, pushing him back. He jumped out and ran and I stood outside the driver ' s door and watched the picture of his back, head and heels disappear between the houses . I was on the pistol team of the 124th Signal Battallion of the 4th Infantry division. I was a combat photographer, and a . 45 Colt was my issue sidearm. I took good sight pictures, but I don' t kill drugees for being desperate in their habits . Disarm or neutral- ize and hope for a better world now or later. I drove down to the Ellis Street Police Station and made a report and turned in the .380 Browning. Then I turned my cab in, drove home, went to bed, and shook, gently but uncontrollably, until I must have gone to sleep. If it were up to me, I ' d ask all the Mayors and councils in the greater Twin Cities municipal community to approve a seven county metropolitan taxicab district. I ' d ask them to stipulate that the district post a service and performance bond approved by the chambers of commerce as well as the councils . page 9 I ' d ask them to condemn all present taxi permits in deference to the district . All parties , individuals and companies, along with their debts and old equipment, would be invited to join the district, forming a new whole company called "7 Comet Taxi" , a non-profit entity charged with running the district, issuing licenses to drivers , buying equipment, maintaining and dis- patching. Then I would ask Chrysler Motors Corporation if they could supply 300 1983 Plymouth Gran Fury Police Specials with dual Nicad batteries and external jumper-cable jacks to the district at their 10 . 9% interest rate and standard fleet discount . All 711 San Francisco cabs are Chrysler equipment because everything else fell apart on the hills and the 318 is a good engine . Then I would talk to Wang and Ohio Scientific and IBM about a computer to handle software to be designed in 7 Comet for vehicle tracking in a random-access transportation system. Then I ' d call Sony about their new high-resolution ( 1140 Lines per sec . ) T.V. system and remote auto sending installa- tions for taxi application. Black and white or color, FM. Then I ' d ask the company that owns the old Pillsbury Library Building at 100 University about a lease with options for the 7 Comet headquarters and basement dispatch. Then I ' d locate FM relay stations and fueling-maintainance driver pickup and drop-off points, about 7 , all around the area. The I ' d have the drivers contract with the district to carry all passengers and packages (with seat sensors and pickup records ) on the computer for accurate accounting for taxes and a split by hours of input among all the drivers of the net income . Then I ' d get developed and have manufactured the 7 Comet Taxi system for sale to other areas of urban sprawl and emerging convention business around the world for a few hundred thousand each, thereby possibly bringing billions to Minneapolis-St. Paul manufacturing and marketing businesses . Then I ' d order a bio-computer from Medtronics or somewhere to provide regular, daily urinalysis with litmus-like paper I .D .Tab-strips to check each driver before going on shift and when coming off shift, under their contract. Then I ' d suggest placing the system in Quadra-trac Ford Van jitney busses to run more routes and relieve the big GMC busses from wastefulruns and have more lines in service more of the time . page 10 But then, such an enterprise would require some help. But, what a taxi industry the Twin Cities area would then have, for the passing world to admire, at no cost to any local community. Sincerely, Chuck Hollom 427 Southeast Fourth Street #101 Minneapolis, Minnesota 55414 ( 612 ) 623-3151 I __ ry p V4]p•00100 NIp p•I- 0•0N NN N1,1101 NNN.aMA(9.,1 til ��.1ofOfY'.VV•eY'YOvl<n p Dl4Mn nr in n 9 aa:7'• w to l e m b m lm 0 i.0 in 0 n- . ..9 LI I U 41 a) U1 4 q UI '-- r1 CO c0 N.N' 10 (Ni r•N aw'. a0 ,-.�.a9 c'-+ M CO 1 4 CY N U)U) r S Gu O. • • •...♦ • • • • • •••III • • • s • • • • • • • • • • • • • •'.• • . -. • « 01 IN .4 i1' MM TNJc0NM /. 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They will see them January 12th. MINUTES OF THE INDUSTRIAL/COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA DECEMBER 8, 1982 Chairman Jim O'Neill called the meeting to order at 5:07 P.M. in the Council Chambers in City Hall. Present: Jim O'Neill, Bill Wermerskirchen, Jane DuBois, John Manahan, Paul Wermerskirchen, Al Furrie. Gary Eastlund arrived later. Manahan/Paul Wermerskirchen moved to approve the minutes of November 10, 1982 as kept. Motion carried unanimously. Shakopee Public Utilities Commission (SPUC) Water Connection Charge Chrm. O'Neill addressed the information available from SPUC relative to proposed water connection charges SPUC is planning to adopt effective January, 1983, to replace the present fees. Gary Eastlund arrived and took his seat, 5:10 P.M. Chrm. O'Neill stated he did not have the full study regarding the proposed charges because SPUC Manager, Lou VanHout, informed him there will be substantial changes made in this proposal. Chrm. O'Neill pointed out several industries where the pro- posed water connection charges would double or triple. He stated this would be devastating to what the ICC is attempting to do -- that is, bring in new industries and businesses. He stated Mr. VanHout would be present at the next meeting to dis- cuss a revised schedule of connection charges. The City Admr. explained the philosophy involved in charging for water connections. He explained that the utilities must pay for production (well and water tower); dis- tri.bution through trunks (large water mains); and laterals to buildings (lines in street). He stated that a new subdivision does not pay for the additional produc- tion of water that it necessitates as of now; and the two philosphies would be to have the new subdivision or industry pay fully for the additional production or to have the established community share in the cost of the additional water production facilities. He stated this is the issue Commission members should be thinking about before next month's meeting. Considerable discussion ensued regarding the advantages and disadvantages of these two ways of approaching utility costs, centering on whether or not there should be some subsidization of new development by the whole community. Gary Eastlund asked for a clarification of where and when money for new production would be spent. Chrm. O'Neill asked about interest calculations in the schedule. Consensus was to request a copy of the study for each member of the Commission. Review of Industry Visitation Program Gary Eastlund reported on his visit to Kawasaki; Al Furric reported the visit to the Renaissance Festival was postponed; John Manahan reported on the Valleyfair visitation; Paul Wermerskirchen reported on the Toro visitation; Jane DuBois reported on Murphy's Landing, and Chrm. O'Neill reported on Certainteed. All reports were favorable and helpful and well-attended. Shakopee ICC , December 8, 1982 Page 2 Paul Wermerskirchen brought up the idea of compiling a list of suppliers of raw materials and complimentary industries and having the Chamber and ICC be a resource center for new industries. Discussion followed. Paul Wermerskirchen also informed Commissioners about the letter he is sending to Senator Schmitz and Rep. Dimler regarding the industrial program and issues the ICC would be interested in. Bill Wermerskirchen left at this point, 6:28 P.M. Jane DuBois stated she would check with Rahr Industries regarding a group tour with City Council, Planning Commission and ICC. Brochure Update Chrm. O'Neill brought up some information Bill Wermerskirchen had related earlier regarding mistaken ideas of lack of re-sale value of homes in Shakopee. Jane DuBois replied that Shakopee rates very well because of a great demand for homes. Chrm. O'Neill suggested getting that information into the brochures. Discussion followed regarding whether the brochures should tie in with Industry Day, and consensus was that they need not, as the old ones would be so easy to update. Gary Eastlund stated the City Planner had information regarding the commu- nity profile available now. Al Furrie and Gary Eastlund stated they are trying to develop some type of format for Industry Day, to make a very positive statement for the City. They are thinking of advertising the City for sale in the Wall Street Journal and Mpls./St. Paul papers, as a media gimmic for publicity. They thought of hiring a helicopter to fly a banner stating: For Sale: City of Shakopee. Al Furrie stated he would like to get a line-up of people who really know and are concerned about the City's development to give short and positive talks about various areas of interest to potential businesses. He is thinking of Jim O 'Neill for industry; John K. Anderson for the City; Vern Lang for Community Finance; a representative from the Downtown Committee, etc. Gary Eastlund stated Valleyfair has offered its outside pavilion and the IMax Theater for the preentation, and can even cater the event. He is looking into an offer of a courtesy car from Kmart. He is also having an advertising firm look over the previous year's film and try to reduce it to about 10-12 minutes. They are looking over the invitation list to make that more effective. Discussion followed regarding the various ideas. Election of Officers Chrm. O'Neill stated election of officers will take place next month. The City Admr. stated staff will be contacting all members of committees whose terms are expiring to determine if those people are willing to serve again. They would also appreciate the input of other committee members as to whether or not they endorse those persons. Chrm. O'Neill stated the terms will now be for 3 years and staggered. DuBois/Manahan moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:01 P.M. Respectfully submitted, Diane S. Beuch 'a /6 MEMO TO: John K. Anderson, City Administrator FROM: Gregg M. Voxland, Finance Director RE: Bill for 1982 Ford Dump Truck (information only) DATE: December 14, 1982 Introduction & Background Included in the bills is an invoice from Brookdale Ford. The cost of the truck is $25,714.00. There is $23,000.00 shown for pay- ment because the truck does not yet meet the specifications that we ordered. Attached is a letter from Brookdale showing how they will correct the situation. The original invoice is dated 9-14-82. The City will pay the balance to Brookdale after the problem is rectified. GMV:mmr BROOKDALE FORD INCwt r).4 . r + 2500 Covnty Road 10 Telephone: (612) 561-5500 " MINNEAPOLIS, MINNESOTA 55430 November 10, 1982 City of Shakopee 129 E. 1st Avenue Shakopee, Mn. , 55379 Attn: Jim Karkanen Dear Mr. Karkanen, Please be advised that pursuant to the 1982 Ford Model M 800 dump truck, serial no. 1FDPN80K1CVA47413 which was delivered to the City on September 14, 1982, we acknowledge that the unit was ordered and delivered with a 9000 // front axle in lieu of 12,000 II front axle in error, and that that error is exclusively Brook- dale Ford's. • We propose to remedy the situation by ordering a new truck with a compatible 12,000 lI front axle, and switching them at our expense. This will give the City the equipment requested at the original bid price. We hope this meets with your approval. Thank you. Sincerely /Jay A. Magnuson Director, Commercial Marketing Group /7 MEMORANDUM TO: Members of the Solid Waste Advisory Committee and Recycling Program Coordinators 'in Scott County FROM: Scott County Environmental Health TIME: December 21 , 1982 at approximately 11 :00 A.M. PLACE: Scott County Board Room SUBJECT: Scott County Board Approval of the Leasing Agreement between Recycling Unlimited and the County We are happy to say that Scott County Staff has finally reached an agree- ment with Recycling Unlimited (RU) for the leasing of the old Pollution Control Incorporated (PCI) site in Shakopee (see enclosed document) . On December 21 , 1982, Scott County Staff and RU will present this proposal to the Scott County Board for it's approval . Assuming that the Board approves this proposal , RU will begin operating at this site within the next few weeks. County Staff is hoping that RU will recycle the remaining iron presently on the site (chimney stack, tanks, equipment,containers, etc. ) to eliminate the danger to public health that this poses. County Staff will be contacting the recycling program coordinators in the future to schedule a meeting with RU. The staff feels that RU will be an asset to recycling groups here and to recycling efforts in general in Scott County. The Richards Asphalt Company, located in Savage, dedicated the first privately owned solid waste to energy incinerator in the state, on Friday, December 10th. They will soon be burning municipal solid waste to generate steam, thereby replacing most of the expensive fuel oil they now burn. The capacity of the incinerator is 72 tons of waste per day. This incinerator has the potential to reduce the volume of refuse landfilled from Scott County by two-thirds. Byron Richards has stated that the payback period for their capital outlay is a remarkable 3 years. In addition, the building was designed to house another incinerator in the future. This would make the Richards facility the largest of its kind in the state which would help a great deal in the County's waste abatement efforts at no extra cost to the County. P.S. to SWAC Members: This will not be an official SWAC Meeting, so no per diem will be paid. TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE , MINNESOTA DECEMBER 21 , 1982 Mayor Reinke presiding 1] Roll Call at 7:00 P .M. 2] Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterick 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. ) *5] Approval of Minutes of December 7, 1982 6] Communications: a] Joseph Ries, County Att 'y. re : Human Services Facility b] B. A. Mittelsteadt, Orr-Schelen-Mayeron & Associates, Inc. re : our district ' s watershed management plan c] Virgil Mears, Chamber of Commerce re : parimutuel horse racing 7] Public Hearings : 7 : 15 P.M. a] Application for 3 . 7 Beer License by Northern Racing; Corp. , 6528 Valley Industrial Boulevard South - memo on table b] 1983 Pool Table Licenses 8] Boards and Commissions : None 9] Reports from Staff: a] Employee Assistance Program - presentation by Dor & Associates b] Winter Parking Ordinance - Dick Mohlin Hardship Case c] Health Insurance Bids d] Scott County 1983-87 Capital Improvement Program (CIP) *e] Mn. Dept . of Transportation Agency Agreement f] Eagle Bluff 2nd Addition Drainage - bring ilk from 12/7 agenda *g] 1982 Pavement Preservation & Rehabilitation Program *h] CR-83 Widening - Partial Estimate Voucher No. 4 *i] CR-83 Improvements (Raising two manholes) j ] CR-83 Widening - Relocation of Signs k] Reconstruction of Fourth Avenue - Fillmore Street to Fuller St 1] Construction of Market Street from 1st to 4th m] Engineer' s Car n] Park Dedication - Shakopee Professional Building *o] 1983. Farm Leases *p] Contract for 1983 Electrical Inspection Services *q] 1983 Bingo and Gambling Licenses r] Appointments to Expiring Terms on City Boards s] Committee Appointments (Cable) t] Purchase of Used Motor Vehicle u] Purchase of 4-Wheel Drive Unit v] Purchase of One Ton Stake Truck w] Authorize Payment of Bills in Amount of $349 ,052 .45 *x] Travel/Subsistence Reimbursement - J . Andre *y] Sale of Surplus Fire Department Equipment 10] Resolutions and Ordinances: *a] Res. No. 1093 , Vacating Ramsey St. No. of Shakopee Ave . *b] Res. No. 2075 , Amending Personnel Policy Regarding the City' s Contribution to Health and Life Insurance Costs *c] Res. No. 2092, Designating Director and Alternate Director to Suburban Rate Authority Tentative Agenda December 21 , 1982 Page -2- 10] Resolutions and Ordinances continued: *d] Res. No. 2087 , Adopting Uniform Standards Relating to Tree Control e] Res. No. 2094, Authorizing the Sale and Conveyance of Certain Real Estate (Old Treatment Plant) *f] Ord. No. 111 , Repealing that part of the City Code Dealing with Furnishing Obscene Material *g] Ord. No. 112, Amending Snowmobile Regulations 11] Other Business : a] 1983 Goals and Objectives Session (Jan. 20th at Schumacher' s New Prague Hotel ) b] Personnel Action (See info item #8) c ] Appointment to State and Regional Boards L3] e] f] 12] Adjourn! John K. Anderson City Administrator - - HAVE A HAPPY HOLIDAY SEASON! - - OI+N'ICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 7, 1982 Mayor Reinke called the meeting to order at 7:00 P.M. with Cncl. Vierling, Lebens, Wampach and Colligan present. Cncl. Leroux arrived later. Also present were Jeanne Andre, Admin. Ass't; John K. Anderson, City Admr. and Judith S. Cox, City Clerk. Lebens/Vierling moved to adjourn to conduct an HRA meeting. Motion carried unani- mously. Colligan/Vierling moved to re-convene at 7:05 P.M. Motion carried unanimously. Liaison reports were presented by Councilmembers, with reports on the various ICC tours. Cncl. Leroux arrived and took his seat at 7:08 P.M. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda. Oliver Wittenberg stated he would like to speak about the amendment to Ordinance 107 regarding the total snow ban on parking. He stated he had sent a letter regard- ing it, and asked if the Council had seen it; it was dated November 15, 1982. He stated the City Admr. advised him to come before the Council on December 7, 1982. Mr. Wittenberg stated the total ban on parking from November to April is very incon- venient for him. He stated he has three grown children living at home working and going to school, and now has to have some vehicles parking on the lawn. He stated the inconvenience of having to move vehicles in the middle of the night is not right. He suggested just tagging the snowbirds after a warning and not penalizing everyone for a small benefit to the snowplows. He urged the repeal of the amendment to the ordinance. Discussion followed. Mr. Wittenberg said the ban for 52 months is such a drastic move, and suggested some system of snow emergency on an on-going basis. The City Admr. stated it is difficult to anticipate the snow overnight or over the weekend, and therefore difficult to enforce. Colligan/Vierling moved to receive Mr. Wittenberg's letter and place it on file. Motion carried unanimously. Julius A. Coller, II, City Attorney arrived and took his seat at 7:25 P.M. Colligan/Leroux moved to approve the minutes of November 16, 1982 as kept. Roll Call: Ayes; .Unanimous Noes; None Motion carried. Mr. Ray Deutsch addressed the Council regarding the latest accident near his home, and requested a stop sign at 3rd Avenue and Holmes Street. He stated there is a lot of traffic at that intersection, and vehicles drive at high speeds there. He stated there should be additional traffic control, with the police getting tougher on violators. Discussion followed. The City Admr. took note of the request and stated he would contact the Police Chief about it. Mayor Reinke stated he asked the Finance Director if he was interested in filling a vacancy on the League of Minnesota Cities Insurance Trust Board of Trustees, and consensus was that if he was interested, it was fine with the Council for him to apply. The City Planner gave a brief background report regarding the Shimek 1st Addition plat, and the Planning Commission's actions regarding the request from the developer to have a time entens i on in whi rh Ln rernrd t.hn Mr. Norbert Traxler stated he is asking for this item to be placed on the agenda at some future meeting so the matter can be heard on its merits. He stated there were three law firms involved in this property, and he did not receive notice of the Planning Commission's actions and subsequent scheduling before City Council un- til two-three weeks after the fact. He assumed it would be handled routinely by the Planning Commission, and that is why there was no appearance there. The City Planner stated that Ron Shimek's name is on the plat, and he is who was notified of the Planning Commission's actions and scheduling for City Council agenda on September 21. Mr. Traxler stated that is the letter that was apparently not received by anyone. Shakopee City Council December 7, 1982 Page 2 Mr. Traxler stated he is just asking a due process hearing to be sure City Council has all the information available to make a decision. Discussion followed. Colligan/Leroux moved to let the previous decision regarding re-submission of the final plat of Shimek's 1st Addition stand as it was made. Mr. Traxler stated he wished the record to show he did not receive notice of the agenda item to be considered on its merits, and he is just requesting a time in the future to be heard on its merits without going through the variance procedure for re-platting. Motion carried unanimously. Colligan/Wampach moved to open the public hearing regarding the application for a Taxicab license from Shakopee Cab and Courier Service. Motion carried unanimously. Jim Link stated he felt he cannot go any further with plans for this taxicab service until he knows if Council will approve the license. He has no problem with conform- ing with the requirements of the Code. He is presently completing a survey on rates, and will next work on a communication system. He plans to operate 24 hours a day, seven days a week. Discussion followed centering on the applicant's location in an R2 (residential) Zone, and conditions of a home occupation. Mr. Link stated he would not operate a depot at that location; the drivers would have the cars with them. He is antici- pating only one or two vehicles right away. He stated it -just would not be cost effective to start out in a commercial location. The City Planner clarified that to be considered a home occupation, there can be only the applicant, other members of his family and one outside employee. Discussion followed regarding dispatch system, with Mr. Link stating he is looking for a 24 hour answering service on a paging system. Mayor Reinke asked if there was anyone in the audience who wished to comment on this matter, and there was no response. Colligan/Wampach moved to close the public hearing. Motion carried unanimously. Leroux/Lebens moved to approve the application of Shakopee Cab & Courier Service, 120 West 5th Avenue, for a taxicab license beginning January 1, 1983, and authorize issuance of a license upon applicant's compliance with the requirements of the City Code, Sec. 6.22, with a contingency that an agreement be reached with the City limiting the number of cabs as a part of the company to be located at that address. Motion carried unanimously. The Admin Ass' t explained the need for a survey of transit needs in Shakopee in con- junction with the possible opting out of MTC service. Discussion followed regarding type, cost, scope and who should conduct the survey. Colligan/Wampach moved to direct staff to bring a more detailed description of the survey and how it could be administered prior to authorization of expenditures. Motion carried unanimously. Considerable discussion ensued regarding 1983 Health, Life & Long Term Disability Insurance bids received. Representatives of Blue Cross/Blue Shield, HMO of Minne- sota and Bankers Life were present to clarify issues and answer questions by the Council. Bankers Life would not cover any of the Councilmembers because their policy is to only cover employees who work at least 25 hours a week. HMO of Minne- sota would cover Shakopee if 10 people signed up-- either staff or Councilmembers. Blue Cross/Blue Shield would cover Councilmembers if 75% of the Council signed up. A survey of Councilmembers revealed only two members would be interested in the City's coverage. The City Admr. explained the possible problem with HMO of adverse selection, wherein it might not be possible to find traditional coverage for a few employees who might not want HMO. Colligan/Lebens moved to table the insurance bids to receive information from the employees regarding which type of insurance they would prefer when the costs and conditions are known. Roll Call: Ayes; Wampach, Lebens, Vierling, Colligan, Reinke Noes; Leroux Motion carried. Shakopee City Council December 7, 1982 Page 3 Discussion was held with the Finance Director regarding procedure for changes in the billing process to offer reduced sewer charges to Senior Citizens who have their own private water system. Cncl. Lebens stated she felt these people should only be charged the minimum, which is about $3. Colligan/Vierling moved to maintain current billing policy for sewer customers on private water supplie . Motion carried with Cncl. Lebens and Wampach opposed. Colligan/Leroux moved to stand by current billing policies regarding the sanitary sewer bill for Macey Manor. Motion carried unanimously. Discussion was held between Cncl. Leroux and the Finance Director regarding speci- fications of various microcomputers. Leroux/Vierling moved to authorize the purchase of an HP 125 Terminal Microcomputer, HP 54" Disk Drive, Software composed of Word 125, Link 125 and Visicale, two each Universal Data Systems 212 LP modems and miscellaneous cables, etc. in an amount not to exceed /5 . , and delay selection of a printer until after a demon- 00 stration has be!e s en. Roll Call: Ayes; Vierling, Leroux, Colligan, Reinke Noes; Lebens, Wampach Motion carried. Colligan/Leroux moved that bills in the amount of $105,197.48 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to approve payment to Stephen Hurley in the amount of $8.06 for travel/subsistence reimbursement. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to authorize the appropriate official to purchase replacement heat exchanger for the Thrift Shop from Government Buildings budget in the General Fund, at a cost not to exceed $1,250.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to direct staff to prepare the appropriate ordinance amending the snowmobile regulations. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to delay the screening requirement of Rubber Industries until the storm sewer project is completed and authorize the City Attorney to draft a restrictive covenant agreement which would ensure the screening installation. Motion carried unanimously. Lebens/Wampach moved to authorize the destruction of Rubber Industries' current Letter of Intent and authorize the appropriate City officials to sign the necessary forms to release the encumbered funds to Rubber Industries upon the submission and recording of the restrictive covenant agreements. Motion carried unanimously. Leroux/Colligan offered Resolution No. 2088, A Resolution for Final Approval of $1,300,000 I.R. Bonds for the Cornelius Company, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke Noes; Lebens Motion carried. Wampach/Leroux moved to approve Change Order No. 1, Prairie Street Sanitary Sewer Insulation Project, in the amount of $1,066.46. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to approve Partial Estimate Voucher No. 1, in the amount of $6,327.17 to S. M. Hentges & Sons Excavating, P. 0. Box 142, Shakopee, MN 55379, for work on the Prairie Street Sanitary Sewer Insulation Project, to be paid out of the Sewer Fund. Roll Call: Ayes; Unanimous Noes; None Motion carried. Mike Stadther stated there is what amounts to a holding pond at the corner of 11th Avenue and Shawmut. He asked for some type of culvert system to drain the water. He suggested it could tie into a culvert located nearby. He stated he would hate to see the item tabled for 5 years. He said the area is always wet, weeds grow and mosquitoes breed in the eyesore. Shakopee City Council December 7, 1982 Page 4 Mr. Lindmeyer stated he has property at 10th and Shawmut. He stated that when he bought his property the area was a level field, with no roads cut in. After he bought the property Legion Street was put in at a very sharp angle. He added the utility easement in back is 3 foot lower than the rest of the property. He stated he thought this was a problem between the City and the developer who put Legion Street in so steep. Mayor Reinke asked if ,anyone else in the audience wished to comment on this matter, and there was no response. The City Engineer responded that extending the grade of the culvert to correct the run-off would bring the culvert so close to the surface it would freeze and be inoperable for six months. That culvert has been extended as far as it could be, and that is why it was not considered. Mr. Stadther replied that 3 blocks away the culvert is 6 feet under, and even if it did freeze, it would take care of the heavy spring/summer rains. He stated there is plenty of dirt in the area and suggested some of it be used to create a berm on top of the culvert to prevent its freezing. He stated he thinks there are solutions to the problem that haven't been looked at. Cncl. Leroux explained that some of the solutions consider that 11th Avenue would be constructed in conformance with a 50 foot right-of-way, but there have been proposals eliminating or moving 11th Avenue, and this has to be considered when placing culverts. Discussion followed regarding the fact that the City has only 50% of the right-of-way and restrictions on development of the area by Metropolitan Waste Control. Further discussion centered on better maintenance by the City of the area. An unidentified man in the audience asked for clarification of the City's right- of-way policy. He stated the area is an eyesore and was misengineered by the developer. He added that since it is on the City's property, it should correct it. Dave Craigthorpe asked if the City does have a systematic plan for correcting drainage problems. Mayor Reinke responded relative to plans for the Upper Valley Drainage Area. Jim Whitney stated he is a resident of Legion Street and didn't think it should be their responsiblity to pay for this problem when they paid such a high price for their lots such a short time ago. He stated he wouldn't like being assessed for it in the future. Further discussion ensued regarding turn-arounds and their lack of maintenance and use. The City Engineer stated he would check with Public Works and the garbage carriers regarding their need for the turnarounds. Leroux/Vierling moved to table this item to be brought back with some plan for maintenance for the drainage way to drain the swamp at the end of Shawmut, at 11th Avenue. Motion carried unanimously. Leroux/Lebens moved to authorize Shakopee Public Utilities to install street light- ing at CR42 and CR17 and bill the cost of installation to Scott County. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to accept the transfer of the old treatment plant from the MWCC on the basis of the turnback agreement signed by the City of August 5, 1982, authorize the payment of $3,386.72 to MWCC for the transfer, accept the $4,000.00 from Wallace D. Bakken for purchase of said property from the City, and direct staff to prepare the appropriate resolution transferring the property to Mr. Bakken. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to authorize staff to return the $60,000 letter of credit on file for the Long View Estates 1st Addition improvements upon receipt of 1) a new letter of credit in the amount of $4,239.00 and 2) receipt and approval of the letter of guarantee and maintenance bond by the City Attorney. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to authorize City staff to purchase a microwave oven for the cost not to exceed $300.00; said purchase to be taken from the supply line items of the various division budgets after the November expenditure figures have been reviewed by the City Admr. Leroux/Vierling moved to amend the motion for the amount not to exceed $225.00. Discussion centered on the need for a microwave and the requirement the employees finance part of the price themselves, with Councilmembers also contributing some. Roll Call on the Motion to Amend: Ayes; Vierling, Leroux, Colligan Noes; Wampach, Lebens, Reinke Motion to amend failed. Shakopee City Council December 7, 1982 Page 5 Roll Call on Main Motion: Ayes; Vierling Noes; Wampach, Lebens, Leroux, Colligan, Reinke Motion failed. It was the consensus of Council that staff should see if there would be some support from employees contributing to the purchase price of a microwave, with the possibility of Councilmembers helping out to obtain it. Leroux/Wampach moved to try to create an employee evaluation system in house. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to authorize the purchase of approximately 9.85 acres of land for Eastside Park at the appraised value of $88,650 plus $20,41+0.00 for sanitary sewer improvements assessed since the appraisal. (Park Reserve funds in conjunction with fiscal year 1982 LAWCON/LCMR grant. ) Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved that the portion of the park land that lies within the proposed Upper Valley Drainage Project Area be treated in the same manner as private lands in the purchase of easements or title to the land with funds from the drainageway project, with payment to be made to the park reserve fund. Discussion followed regarding whether or not the drainage way would be owned outright, or kept as an easement. The City Engineer stated it would be more desirable to let it remain an easement because it stays on the tax rolls. Motion carried unanimously. Leroux/Wampach moved to authorize the Public Works Dept, to purchase the "New Way" garbage hauler from Village Sanitation, Inc. of Shakopee for a purchase price not to exceed $1,500.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2085, A Resolution Adopting the 1983 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, Minne- sota, and moved its adoption. The City Admr. summarised the resolution. Discussion followed regarding the request by the Engineering Technicians to include them in a Pay Plan wage schedule. The consensus of Council was that this was all the ad- justments that were going to be made at this time, and something more might be done in future years. Roll Call: Ayes; Vierling, Leroux, Colligan, Reinke Noes; Wampach, Lebens Motion carried. Discussion ensued regarding annual increases to probationary employees. Vierling/Colligan offered Resolution No. 2086, A Resolution Amending Resolution No. 1571, Adopting A Personnel Policy For the City of Shakopee, and moved its adoption. Roll Call: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke Noes; Lebens Motion carried. Colligan/Leroux offered Resolution No. 2089, A Resolution Abating An Assessment Against A Certain Parcel For the 1981-2 Bluff Avenue Utility Improvement, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2083, A Resolution Ordering the 1982 Diseased Tree Removal Program, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2084, A Resolution Declaring the Cost To Be Assessed, Ordering the Preparation of and Setting A Hearing Date On the Proposed Assessment For the 1982 Diseased Tree Removal Program, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2090, A Resolution Ordering An Improvement and The Preparation of Plans and Specifications for 16th Avenue and 90th Street East of CR89, Improvement Project No. 1982-6. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2091, A Resolution in Support of Changes in State Aid Formula. Motion carried unanimously. Colligan/Vierling moved to authorize the appropriate City officials to contribute Shakopee City Council December 7, 1982 Page 6 $100.00 in dues to the Metropolitan Losers' Group for 1983. Roll Call: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke Noes; Lebens Motion carried. Leroux/Vierling moved 'to waive the building permit fees for construction of a salt shed by Public Works. Motion carried unanimously. The City Attorney informed Councilmembers regarding the obscenity suit and stated that to spend time and money on an appeal would not accomplish much. He has dis- missed the other two related actions, and said if it is pursued again, it should be under State Statute. He would recommend having the City's existing ordinance repealed and no replacement made. Colligan/Leroux moved to adjourn to December 21, 1982 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 11:20 P.M. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICE OF THE ADMINISTRATOR �02> SCOTT COUNTY COURT HOUSE 110 = = -3? SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.100 JOSEPH F.RIES _ 11, , Administrator 6''. �� EEh JAMES M.SULERUD Asst.Administrator December 9 , 1982 Honorable Eldon A. Reinke Mayor of Shakopee 3071 Hauer Trail Shakopee, MN 55379 Re: Notice of Joint Meeting on Extension of the Human Services Facility Lease and Alternatives thereto: Dear Mayor Reinke, On Tuesday, December 7 , 1982 the County Board discussed the extension of the Human Services facility lease for 1983 and sub- sequent years against the construction of an addition to the Court House and reaffirmed the importance of input in this matter from township and city officials . In this interest, the Commissioners have scheduled a joint meeting with all local units of government in Scott County and urge that your jurisdiction is represented at this meeting. Details of the meeting are as follows : Date: Wednesday, January 5, 1983 Time: 8:00 o'clock P.M. Place: County Board Room-109, Court House, Shakopee Input is invited from any or all officials in either written or oral form and will be accepted following a presentation of all available facts surrounding both alternatives to this issue. Please ensure that your jurisdiction is represented at the meeting and feel free to call this office with any questions or needs with which we may assist you. i' Si cerely, cc: John Anderson os:Vh F. Ries City Administrator County Administrator An Equal Opportunity Employer (,b ORR•SCHELEN•MAYERON Et ASSOCIATES, INC. Consulting Engineers Division of Kidde Consultants, Inc. Land Surveyors November 15, 1982 The Honorable Eldon Reinke Mayor of Shakopee 12.9 East 1st Avenue Shakopee, MN 55379 Dear Mayor Reinke : As you are aware, the State Legislature has recently passed a new statute to deal with the management of surface waters within the Twin Cities Metropolitan Area. The plan calls for the organization of 44 secondary watershed districts in the metropolitan area and the prepa- ration of plans for surface water management to be completed by the end of 1985. The initial responsibility for organizing watersheds for planning purposes is given to cities and townships. If they have not completed the organization by December 31 , 1983, the counties then become responsible, and following that, the Metropolitan Council will have jurisdiction . Orr-Schelen-Mayeron & Associates , Inc . , Consulting Engineers , Sur- veyors and Land Planners is experienced and knowledgeable in many areas of surface water management . Our firm has completed numerous stormwater studies and drainage plans for area communities. We would be pleased to provide professional assistance as you organize your district' s watershed management plan . A representative of our firm will be calling on you personally in the near future . Meanwhile, if you have any questions , please feel free to contact either myself or Mr. Robert Frigaard at ( 612) 331-3660. Sincerely yours, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. cc Zi B. A. Mittelsteadt , P. E. President BAM:nlb 2021 East Hennepin Avenue • Suite 238 • Minneapolis, Minnesota 55413 612,'331-8660 TELEX: 29-0948 SHORT-ELLIOTT-HENDRICKSON, INC. Nig CONSULTING ENGINEERS 122= ILI El SI. PA( 1, MIN\I'OTA CHIPPFWA FALLS, WISCONSIN .J December 16, 1982 • The Honorable Mayor and Council City of Shakopee 129 E. 1st Avenue Shakopee, Minnesota 55379 Attention: Mr . John Anderson, City Administrator Dear Mayor and Council: In 1982, the Minnesota Legislature passed the Levi-Merriam Act. The law directs local governmental units within the seven-county metropolitan area to fulfill a series of surface water management obligations. Briefly, the legislation calls for the formation of Watershed Management Organizations (WMO) where none exist. The WMO must be organized by the close of 1983 or the affected counties will assume this authority. The law further states that the organizations will develop an overall surface water management plan by December 31 , 1985. Local units of government must then produce their own plan based upon the guidelines set forth by the WMO. Short-Elliott-Hendrickson, Inc. (SEH) is familiar with both the Levi-Merriam Act and the recently distributed Metropolitan Council Surface Water Management Plan. We have years of experience with surface water management and have completed many comprehensive reports and plans. SEH would be pleased to provide your community the organizational and engineering assistance necessary to comply with this legislation. I will be contacting you shortly to discuss the various options available within the new law and to answer your questions . In the meantime, please feel free to contact me. Sincerely, 1 Leonard Newquist, P. E. Y)O ( UP1111t Il DI\(, • __' I -\'l 111111 l -\\\111 ROM) • tiI I'M I, MI\\ItiO1 \ `611;' • {'11(1\1 6121 484112'2 Gc. SHAKOPEE AREA = e / / DEC 4 1982 P.O. BOX NO. 203❑ SHAKOPEE, MINNESOTA 55379 ❑ (612) 445 �6rt 60OP SHAKOPEE 12-14-82 Mr . John Anderson Administrator City of Shakopee 129 E . 1st Ave . Shakopee , MN 55379 Dear Mr. Anderson : The Shakopee Area Chamber of Commerce met on Monday, December 13 , 1982 and passed a unanimous -r-e.selti_ authorizing its officers to pursue a plan to attract parimutuel horse racing to this community. It was suggested by one of the members that we ought to ask the city government as well as the county board to approve a resolution encouraging the Chamber in its efforts . Our legislative representatives will also be asked to indicate approval . Therefore, we formally request that the Shakopee City Council pass a resolution approving of the Chamber action and indicating a willingness to have such a facility located in this city should our efforts prove successful . One or more of our members will be present to react to any questions which might be raised. Would you prepare and present such a resolution for your council? Thank you, John, and may I request a copy of the agenda for the meeting at which this item will be discussed be mailed to me in advance in order that we may have people there? Thank you. S ncerely, 41,6/14,ia Vir 1 S . Mears M/d RESOLUTION NO. 2095 A RESOLUTION EXPRESSING THE CITY OF SHAKOPEE' S SUPPORT FOR A PERIMUTUEL BETTING HORSE RACING TRACK IN SHAKOPEE WHEREAS , the voters of the City of Shakopee voted in favor of the constitution amendment to allow parimutuel betting on horse races in the State of Minnesota by a vote of 3 ,120 to 1 ,203 ; and WHEREAS , the voters of Scott County have approved the consti- tutional amendment to allow perimutuel betting on horse races in the State of Minnesota by a vote of 13 , 152 to 5 , 349 ; and WHEREAS , the City of Shakopee has property is ' ' •which . is properly zoned, contains sufficient acreage for su ch a facility and has the proper terrian and soil conditions ; and lei!vvv- I WHEREAS , the Shakopee . ' - _ e = _ s . sface to a major 4-lane highway which current serves other regional recreational facilities ; and WHEREAS , the Shakopee Chamber of Commerce , by a unanimous vote on December 13 , 1982 , gave its formal endorsement of the Shakopee site for a future perimutuel betting horse racing track. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City Council expresses its support for a joint effort with the Shakopee Chamber of Commerce in pur- suit of a parimutuel betting horse track located in the City of Shakopee . Adopted in session of the Shakopee City Council held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney l MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Application for On Sale 3 . 2 Beer License by Northern Racing Corporation, 6528 Valley Industrial Blvd. So. DATE: December 15 , 1982 Introduction The City has received an application from Northern Racing Corp. for an On Sale 3 . 2 Beer license to be utilized in the concession stand at Raceway Park. Background The application is in order. I am in receipt of the proper insurance and bond, and the property taxes have been paid. Alternatives 1 . Grant the beer license. 2 . Deny the beer license. 3 . Table the application. Recommendation Approve the application and grant the license . Action Requested Approve the application and grant an On Sale 3. 2 Beer license to Northern Racing Corporation, 6528 Valley Industrial Boulevard South, effective April 16 , 1983 . JSC/jms MEMO TO: John K. Anderson, City Administrator FROM : Judith S . Cox, City Clerk RE : 1983 Pool Table Licenses DATE: December ,17 , 1982 Introduction The City has received five applications for renewal of pooltable licenses . Background The applications and license fees from the following businesses for pool table licenses are in order, except Vertigo, Inc. There are no delinquent taxes . I have spoken with the Chief of Police and he has no objections to the renewal of any of the licenses . All applications are for the same number of tables as last year except the Shakopee House is going from two tables to one . Shakopee Bowl - 1 R. Hanover Inc . - 4 Shakopee House - 1 Abeln' s Bar - 1 Vertigo, Inc . (Extrah' s ) - 3 Recommended Action Approve the application and grant a pool table license for 1983 to : Shakopee Bowl , 222 E. 1st Avenue R. Hanover Inc . dba Richard' s in Shakopee , 911 E. 1st Avenue C.R.E. Restaurant Co. dba The Shakopee House , 1583 E. 1st Avenue Jackson Chilquist dba Abeln' s Bar, 220 W. 2nd Avenue Table the application from Vertigo, Inc . (Extrah' s ) , 101 E. 1st Avenue JSC/jms 71)MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Winter Parking Ordinance - Hardship Case DATE: December 9 , 1982 Introduction The City' s winter parking ordinance has been in effect since November 15 , 1982 , and staff has received about six inquiries regarding hardships caused by the winter parking ordinance restrictions . To date we have been able to find solutions for most of the people who inquired about their having a hardship. Attached is a letter from Dick Mohlin, 429-1/2 East 2nd Avenue , who feels that he has a hardship case. Background The Chief of Police, Public Works Superintendent and I have all driven by Mr. Mohlin' s residence and his comments about the front yard restrictions created by the raised sidewalk, hedge and railroad tracks are accurate. All three of us , however, do believe that the turn from the alley into his back yard can be negotiated even during poor winter conditions . If this is the case then the tank heater can be run out the back of the home and no one will be required to cross the railroad tracks to get to their parked vehicle . The Street Superintendent and I have discussed the problem created by the Holiday Station retaining wall and he has agreed to sand the alley when ice conditions make it difficult to make the turn from the alley into the back yard. Alternatives 1 . Grant Mr. Mohlin the hardship he has requested and allow them to park on the north side of the street on both odd and even numbered days during the snow parking ban. 2 . Deny Mr. Mohlin' s request for a hardship. 3 . Other alternatives . Recommendation Staff recommends alternative No. 2 . In so doing, we would be willing to provide additional sanding in the alley should the ice build up on the alley making it difficult to turn into their back yard. Action Requested Pass a motion denying Dick Mohlin' s request for a hardship exception to the winter parking ordinance regulations . JKA/jms RECEVED lic-i< 11 d GI ;A) le- 1982 r / N... CITY OF SHAKOPEE ---N...-- __pts -a •tc-.)'csA to, ( o--ki-J. , 2----16_____ _ v A, , CV& L_JNIN Ck *14 c \-- A S. . .. %.% I . _.! a._.....1 ' 1 exvN-v-N _Q_L-1 ., A.. x*.), l__ _)-( a. -ti _ •___________ jgN"_j _ sL_____c-A...) (.\-;,-. 3"._) -,...., a J-srA c:\U-Q_ . MC)._ / ...` c_k_kia)-(2,w Qk \ K- Q-4K- C) 3- ..rsc Li-x-N tAL-sL. ). _0 ov,... ,..9- --,1 -- --- (P/--/Nr ,•SC C\._k))-/X- -- a nrY- Q. )3k\,?N( -0\1\SI-- --\ Cr-Q.24. %ft )\ (--- --\... T1/4\9 k a ( e.., ,,,),./A 1)_3.1\JN-NA-) J C_LN,,,(-- . ,L)-Q._Q cl--66 + ,..o_ s-±j ).(1. tAK.sui._ , . jc- : )" ()-0-t--- ..., _0 - ..0,) - ($__,,, C.„/ .k‘, A--)a Is_ cyvN ..... C)-_,,cc,C64... , b,._s_sz.X._ u --L-Q1-_- ... 0,c-,.._,....c.IR -__A___) C,'---(_k Q C.5,.. a. L., . a. __ ult. !_ • ---, —,L _el cv-51 . CJ8N- ... . .... 1. . tir , e .k r1 1_4.— fa ‘. 4h $ a \.,c+-fir C) 1.31,LAC.e.g: • MEMO TO: Mayor and City Council 9c1„.‘, FROM: John K. Anderson, City Administrator RE: Health Insurance Bids DATE: December ,16 , 1982 Introduction City Council , at its December 7 , 1982 meeting, instructed me to get City employees' reaction to the health, life and long term insurance bids . As follow-up I sent employees a memo on December 8th recapping the infa in your December 2nd memo ( please bring your December 2nd memo to the December 21st meeting) and held a meeting on December 10th with Blue Cross and HMO Minnesota representatives for all employees . Employee Reaction At the December 10th meeting only 3 of the 29 employees present indicated an interest in the HMO. Others said they wanted to see a total cost figure before they made a decision. The attached December 13th memo provided that information and as a result we now have 3 employees interested in the HMO. Alternatives 1 . Retain Bankers Life as the City' s Health, Life and Long Term Disability carrier. 2 . Offer an HMO option by allowing HMO Minnesota to have an open enrollment period through late January and then if the minimum 10 people sign up shift our insurance carrier February 1st to HMO Minnesota and Blue Cross Blue Shield, keeping Bankers Life Life and Long Term Disability. Recommendation I recommend alternative No. 1 because of the cost , the coverage provided and the lack of interest in the HMO option. Action Authorize the appropriate officials to award the City' s 1983 Health , Life and Long Term Disability coverage to Bankers Life at the rates established in their November 26 , 1982 bid. JKA/jms MEMO TO: Mayor and City Council Cou FROM: John K. Anderson, City Administrator RE : Scott County 1983-87 Capital Improvement Program (CIP) DATE : December 14, 1982 Introduction The County received the 1983-87 CIP and it was presented to the County Board on December 14 , 1982 for discussion. County Board Action The Board received the 1983-87 CIP and discussed it for 30 minutes . The Board will again discuss it December 21st and at future meet- ings until they vote on it to accept it . The City Engineer and I attended the December 14th session and we are satisfied that the plan, as presented by the County Highway Engineer, fits well with our six year Capital Improvement Plan. Summary Council should discuss the County' s 1983-87 CIP and make any comments that they would like staff to relay to the County Board. Action Required Discussion. 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Spurrier ' City Engineer RE: Mn/DOT Agency Agreement DATE: December 14, 1982 Introduction Attached are copies of a revised Minnesota Department of Transportation Agency Agreement for approval and execution. Background The City is now operating under a similar agreement. The principal difference is that the attached agreement is automatically renewed. The agreement makes the Commissioner of Transportation the City's agent in administering Federal funds and applying for Federal grants. The attached agreement describes the Commissioners role in the agreement so I will not summarize that herein. Action Requested Direct the proper City official to execute the Minnesota Department of Transportation Agreement Revised 12/1982 and forward the same to the Minnesota Department of Transportation. HRS/jvm Attachments ltc2— TECHNICAL SUPPORT SERVICES DIVISION TECHNICAL MEMORANDUM NO. 82-36-SA-9 December 8, 1982 TO County Highway Engineers Distribution: I Municipal Engineers Distribution: J FROM • Gordon M. Fay Director, Office of State Aid SUBJECT MN/DOT Agency Agreement and Official Newspaper Enclosed are two copies of the Revised Minnesota Department of Transportation Agency Agreement for your approval and execution. Please note that the language in the agreement has been revised so that it will not have to be renewed every year. Return both copies to this office upon signature for further approval. We will return a fully executed copy for your files. Because the Revised Agency Agreement does not identify your official newspaper, you will have to submit to us by letter the name and address of your official newspaper and also the day of the month when published. The Personnel in the Office of State Aid have enjoyed the excellent working relationships we have had with all of you this past year. We extend to you and your employees best wishes for an enjoyable Holiday Season and Continued Success in the New Year. ii.{ / • . / //f r • cordon . Fay Director, Office of ',late Aid Enclosures: (2) 2 - Agency Agreements Revised 12/1982 1 �-- Office of State Aid MINNESOTA EEPARTMENT CF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by and between the City of herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner " , WITNESSETH : WHEREAS , pursuant to M. S . 161 . 36 the City of desires the Commissioner to act as its agent in accepting federal aid on the City ' s behalf , for road and bridge construction and in contracting for the construction , improvement or maintenance of roads or bridges financed either in whole or part with federal moneys : and WHEREAS , M.S . 161 . 36 , Subdivision 2 , requires that the terms and condition of the agency be set forth in an agreement : NOW , THEN, IT IS AGREED: - 1 - That pursuant to M.S. 161 . 36 , the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local streets and bridges. Page No. 1 Each project to be covered by this agreement shall be programmed by the submission to the Commissioner of a programming form together with a certified copy of the resolution of the City Council requesting the Commissioner to obtain federal approval for the project ( s) . Each contract will be in accordance with plans and special provisions for said projects on file in the Department of Transportation , State Transportation Building , St . Paul , Minnesota 55155 , and the latest edition of "Standard Specifications for Highway Construction" and all amendments thereof, which said plans , special provisions and specifications are made a part of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed , to-wit : ( a) The Commissioner shall cause the advertisements calling for bids on said work to be published in the Construction Bulletin. He shall also cause advertisements for bids to be published in the officially designated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Clerk of on behalf cf the Commissioner as agent of said City. Proposals , plans and specifications shall be available for the inspection of prospective bidders at the office of the Department of Transportation , St. Paul , Minnesota 55155 , and at the office of Page No. 2 said City Clerk and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the commissioner by a District Director of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner . After said bids shall have been opened , the City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected . Upon receipt of all said bids , the Commissioner shall duly cause all of said bids to be tabulated in accordance with law and shall thereupon determine who is the lowest responsible bidder and shall award the contract to the lowest responsible bidder or shall reject all bids. ( b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been let . The City agrees to furnish its City engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects . Said engineer so assigned shall act under the supervision and direction of the Commissioner . The City further agrees to furnish such other personnel , services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work . Page No. 3 ( c ) The Commissioner may make changes in the plans or the character cf the work as shall be recommended by the engineer in charge of the work . If he concurs in such recommendations , the. Commissioner may enter into , for and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous , or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgment on the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision and control that are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers , so delegated by the Commissioner , to enter into , for and on behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. (d ) The City hereby authorizes its City Engineer , for and on behalf of the City, from time to time , during the progress of the work on said projects , to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Minnesota Department of Transportation . The Commissioner may but is not obligated to furnish the services so requested . Page No. 4 If the Commissioner in compliance with such request shall furnish for the use of the City on said project the services of any Minnesota Department of Transportation employee , then and in that event , the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services . ( e) The Commissioner shall receive the funds tc be paid by the City and the funds to be paid by the United States as federal aid funds , for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded , and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. ( f) The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner . (g ) The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation issued by federal Page No. 5 authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects . ( h) It is the policy of the United States Department of Transportation and the Minnesota Department of Transportation that minority business enterprises as defined in 49 CFR, Part 23 , shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the minority business enterprise requirements of 49 CFR, Part 23 , apply to this agreement . The Commissioner will insure that minority business enterprises as defined in 49 CFR, Part 23 , have the maximum opportunity to participate in the performance of contracts , financed in whole or in part with federal funds . In this regard , the Commissioner will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 , to insure that minority business enterprises have the maximum opportunity to compete for and perform such contracts . The Commissioner will not discriminate on the basis of race , color , national origin, or sex in the award and performance of federally funded contracts under the terms of this agreement. ( i ) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the federal aid made available therefor . Page No. 6 - 2 - The City agrees that it will from time to time, after the execution of this agreement, make such reports , keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought . Said records and reports shall be retained by the City in accordance with the Commissioner ' s record retention schedule for federal aid projects . - 3 - It is anticipated that the United States will pay to the Commissioner as the agent of the City , the federal aid funds available to said City toward the construction of said projects. It is further anticipated that the contracts to be let by the Commissioner as the agent of the City, for the construction of said projects shall provide that the contractor , as the work progresses , shall , from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed . The City further agrees that any City funds and/or Municipal State Aid funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with 14 MCAR Section 1 . 5032 . At regular monthly intervals after contractors shall Page No. 7 have started work under contracts let by the Commissioner as agent for the City for the construction of said projects , the engineer assigned to and in charge of said work shall prepare partial estimates in. accordance with the terms of said contracts let for said projects and the procedures established by the Office of Construction , Minnesota Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate , transmit the same to the Commissioner in quintuplicate . Each such partial estimate , shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data , together with the required project records in accordance with the terms of said contracts let for said projects . Quantities listed on said partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual . After the approved final estimate has been submitted to the Commissioner , the City will pay to the Commissioner any additional amount together with the federal funds received for that project will be sufficient to pay all the contract costs of the project. - 4 - When the contractor shall have completed the work on said projects , the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Page No. 8 Commissioner whether or not the work performed should be , by the Commissioner as its agent, accepted as being performed in a satisfactory manner . In the event the County should , after said inspection , recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted . It is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract . - 5 - It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final , binding and conclusive on the parties hereto . - 6 - It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States , by way of federal aid , and by the City. If for any reason the United States fails to pay any part of the cost or expense of said projects , then and in that event the City agrees to pay the same . The City further agrees to pay any and all claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United Page No. 9 States does not pay the same , and in all events , agrees to save the State of Minnesota and the Commissioner harmless and to pay any and all expenses and costs connected with said projects or the ccnstruction thereof which the United States does not pay. - 7 - The City further agrees that 1 ) Inhere there is federal aid in right-of-way ; The City will meet the requirements contained in the Federal-Aid Highway Program Manual Volume 7 . Note : If there is federal aid in relocation only , the contract discussed in Chapter 5 , Section 1 , Paragraph 10C , of said Volume 7 , must be executed . 2 ) Where there is federal aid in construction only ; The City will meet the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 together with FHA regulations implementing Title II of the Act on relocation ( FHPM Volume 7 , Chapter 5 ) , and Federal-Aid Highway Program Manual Volume 7 , Chapter 1 , Section 4 , Paragraph 5A pertaining to civil rights. - 8 - All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year . - 9 - The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. Page No. 10 r DATE CITY CF RECOMMENDED FCR APPROVAL BY Mayor Attest : Director , Office of State Aid Date City Clerk APPROVED AS TO FORM AND EXECUTICN : STATE CF MINNESOTA BY Commissioner of Transportation DATE DATE ( Submit in Duplicate ) ( SEAL) Page No. 11 MINNESOTA DEPARTMENT CF TRANSPORTATION FEDERAL AID FORM NC. III Ee it resolved that pursuant to Section 161 . 36 , Subdivision 1 through 6 , Minnesota Statutes , the Commissioner of Transportation be appointed as agent of the City of to let as its agent , contracts for the construction of local streets and bridges , and the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement" a copy of which said agreement was before the Council , assuming on behalf of the City all of the obligations therein contained . ( SEAL) ( Submit in duplicate ) Note : Attach certification by City Clerk with each copy of resolution. Page No. 12 9 MEMORANDUM TO : John K. Anderson City Administrator FROM : H. R. Spurrier , / City Engineer j' LA SUBJECT: Eagle Bluff 2nd Addition Drai age DATE : December 17, 1982 Introduction: In a Council meeting December 7, 1982, City Council discussed drainage problems in the above-referenced subdivision. Background: As a result of a suggestion made by one of the property owners, staff has determined that the turn-around areas are required and are normally used by snow plows through most of the winter. Most of the problems in 1981/1982 season were the result of early snow cover, which prevented frost penetration and resulted in problems for the plows at the end of Shawmut and Legion. In checking with G. & H Sanitation, staff found that they too utilize the turn-around at the end of Shawmut and Legion and would be hampered if those were eliminated. Therefore, the original recommendation for that run-off stands. In the event a program systematically addresses those problems is implemented, then it will be appropriate for the City to install the concrete swale. HRS/jvm MEMORANDUMCi( �J TO : John K. Anderson City Administrator FROM : H. R. SpurrierI r l City Engineer .11.'fpre' SUBJECT: 1982 Pavement Preservation an• Rehabilitation Program DATE : December 16, 1982 Introduction: Attached is the Semi-Final Partial Estimate Voucher for the above-referenced project. Background: The Semi-Final Partial Estimate Voucher establishes quantities for the project. Final payment will be made based on the value of the work completed. That payment will not be made until the balance of the punch list items have been taken care of. These items include the repair of an area near Market Street where aggregate segregation occurred leaving a pothole in the new pavement section. The contractor will make temporary repairs now and permanent repairs this spring. Action Requested: Approve Semi-Final Partial Estimate Voucher No. 2 for the 1982 Pavement Preservation and Rehabilitation Program for a total contract amount of $85,552.00, and authorize the disbusement of $23,774.33 to Hardrives, Inc. , 7200 Hemlock Lane, Maple Grove, MN 55369. HRS/jvm Attachment NOTE: Do not review the Payment Voucher to ascertain costs for this project, review the attached "COST SUMMARY FOR PROJECT" . �� ( � SEMI-FINAL PARTIAL ESTIMATE VOUCHER Contract No, N/A Partial Eutiurt, Voucher :'). 2 Period Ending: November 30 1982 TO: Contractor Hardrives , Inc. Address 7200 Hemlock Lane, Minneapolis, MN 55369 ___________ Project Description _ 1982 Pavement Preservation d Rehabilitation Proqram ________ J . Original Contract Amount $ 77,2 1. 50 ��. Change Order No. 1 Thru No. 2 ; 5, 92' 0 3. Total Funds Encumbered $ 82,753.50 >/ Value of Work Completed $ ' ---'- Value of Work Remaining 5. 5 Percent Retainage 4,277.60 � 0.00 6. Previous Payments $ 57,540.07 ________ ]'~rc 'L Complete i. Deductions or Charges 0.00 -------- 100 Percent O. Total $ 61J81/.67 }`'v/ncot Due (Line 4 - Line 8\ 23,774,33 ________ CERTlylCATK OP PAYMENT (I, Nr) hereby agree that the quantity and value of work slv/wx herein is a fair ,.;timate of the work completed to date. ./ CONTRACTOR: /+���^-c. L � ^ «-, �7 • DATE: /7+�- 9~,�" ����~ ' A|` 30VED - OF lA(0yEU • � 0� .� C i �y ux leer Da�r --____- C i Administrator luc PAYMENT ESTIMATE 7 r No. 2- PAVEMENT PRESERVATION 1982 City of Shakopee, Minnesota 55379 Contractor: Hardrives, Inc. 7200 Hemlock Lane A inneapo . M i 55369 Amount of Contract: Dates of Estimate: / Original $ ' 'i,261.50 From /1 / vg. Revised $ 82i 753. 50 To I / 3G g" Description of Project: 1982 Pavcme. t Preservation (Overlay for 10th Avenue) Contract Items This J'_crias,.l _ Total_ to Date I teal No. Contract Item Qty. Unit Unit Price Qty. Amount Qty. Amount 1 Cubcut Pavement 7.2'J S.Y. $ 5.00 - ,--- -67,) o 272 2_ °f 1/0 Do 3133 100% Crushed Quarry Rock - Class 5 245 T,.,(i 8.5o / 3 / 11 / a 5-0' 1,4.'0 3778 C6 a Concrete Pavement - Irregular Width 212 S.Y. 40.00 /5- 6,0e', ,00 2 59 /5, 36,00e Dowel Bar Assemblies 24 L.F. 11.00 -6)- -0- 2 4/ 26,.9.CG B624 Curb & Gutter 48 L.F. 15.00 --0- -- e- 75 1125: 00 2331 Bituminous Leveling Course 315 Ton 19.00 2- 06, 3 A / y,0O ' 337 617'03,OG 2341 Bituminous Wearing Course ; ,86o 'i' ri I.8.0O 792 171S.5-4'.00 , .9"`f 54272,0 u Adjust Manhole Ring and Cover 20 Ea. 125.00 / 2.. / 560.00 /-f-© 5DOo6>c / Adjust Valve Box :.'0 Nu. 100.00 0- - Q- - 00 - C)- tt,9C3 562 7:9/4? / 4s / 5/2.cae 5 1 Teel 235'1 8' ,,,,,".0,4 WPAr i Coag,,, 1,1aOO .2o 0+/G%,D0 61,,,„,1 @ Oe '/ 2 19u,'d Lrtlr0.- u.i,'f 'r,'ce f OS 552.06 %O-/-a l 1-vek-/ Co f/e/e / J_ ` COST SUMMARY FOR PROJECT Contract Information Original Contract Amount $77 ,261.50 Change Order No. 1 thru 2 5,492.00 Total Contract Amount $82,753. 50 Total Budget Amount $87,562.00* Value of Work Completed $85,552.00 5 Percent Retainage 4,277.60 Previous Payments 57 540.07 Deductions or Charges 0.00 Total $61,817.67 Value of Work Remaining $0.00 Percent Complete 100 Percent Payment Due $23,774.33 *Budget Summary Original Budget $89,000.00 MFM (Pavement Tests) (5,700.00) Property Owners Contribution 1,250.00 City Matching 3,452.00 Improvement District #82-4 2,040.00 Additional Budget 5,000.00 Engineering Department (5,100.00) Instant Testing (1,130.00) Balance $87,562.00 1 MEMORANDUM TO : John K. Ander$on City Administrator FROM : H. R. Spurrier City Engineer 11 SUBJECT: County Road 83 Widening DATE : December 16, 1982 Introduction: Attached is Partial Estimate Voucher No. 4, for the above-referenced project. Note that there is a $4,222.30 retainage. This amount is a potential deduction based on non-destructive testing next spring. The $450.86 is for the replace- ment and relocation of signing along County Road 83 performed by County forces. Note that the project is 100 percent complete. In the event the questionable pavement sections pass the non-destructive testing, the $3,722.30 will be paid next spring. The Finance Director has been advised that the retainage will not be paid if at all , until next spring. Action Requested: Approve Partial Estimate Voucher No. 4, for the County Road 83 Widening Project, Contract No. 82-1KT to Hardrives, Inc. , 7200 Hemlock Lane North, Maple Grove, MN 55369 in the amount of $10,090.17. HRS/jvm Attachment NOTE: Do not review the Payment Voucher to ascertain costs for this project, review the attached "COST SUMMARY FOR PROJECT". i a y, John K . Anderson October 15, 1982 Co. Rd. 83 Widening Paye -2- The Partial Estimate Voucher lists a $4, 222. 30 reduction. This reduction was made pursuant to a specification provision, which pertains to overlaid depths less than 100 percent of the specified depth. The contractor has the option of demonstrating that. .the area used by the City is less than the actual area should be. This reduction is 2. 5 percent of the original contract amount. The recommended action to be taken is to approve Change Order No. 2, in the amount of $1, 074. 00 and authorize payment of Partial Estimate Voucher No. 2, in the amount of $118, 259. 30. Action Requested: 1 . Approve Change Order No. 2, for County Road 83 Widening, Contract No. 1982-1KT with Hardrives, Inc. , 7200 Hemlock Lane North, Maple Grove, Minnesota 55369, increasing the contract amount by $1,074.00 with no change in the number of calendar days for completion. 2. Approve the payment of Pal Voucher No. 2, for contract No. 1982 1KT with Hardrives, Inc. , 7200 Hemlock Lane North, Maple Grove, Minnesota 55369 in the amount of $118, 259. 30. 'IRS/jvm Attachments _ __ ® • ,� MEMO TO: John K. Anderson City Administrator • FROM : H . R. Spurrier City Engineer — RE : County Road 83 Widening Contract No. 82-1KT DATE : October 15, 1982 Introduction : Attached please find Change Order No. 2 for the above- referenced project. Background : The work covered by this Change Order includes the following items: 1. A 24" corregated metal pipe extension was required when the pipe was unearthed at the junction of County Road 83 and County Road 16 during construction. The total price of the extension, including a 60 degree bend, amounts to $549.00. 2. There were five manholes and two valve boxes that were adjusted for a total price of $525.00. 3. The specification quantity for 2 inch bituminous base was incorrect. The actual quantity overran 3, 024 square yards, increasing the contract $9, 072. 00. 4. The quantity of Class 5 aggregate underran 885 tons, decreasing the contract $3982. 50. 5. The quantity of 11 inch bituminous wear course over- ran 600 square yards, increasing the contract $900. 00. 6. The quantity of 2 inch bituminous wearing course under- ran the contract by 1, 509 square yards, decreasing the contract $3, 018. 00. 7. Additional culverts discovered during construction of ditches accounted for an additional $1, 713. 00 in culvert removal and replacement. The resulting alterations to the contract amount to increases totaling $12,758. 50, and decreases totaling $7, 000.00; resulting in a $5, 759. 00 increase, which is 3.4 percent of the original contract. 7 SEMI-FINAL PARTIAL ESTIMATE VOUCHER Contract No. 82-1KTPartial Estimate Voucher No. 4 J'eri.od Ending: November 30, 1982 TO: Contractor Hardrives, Inc. Address 7200 Hemlock Lane North, Male Grove, MN 55369 Project Description County Road 83 Widening 1. Original Contract Amount $ 167,291.50 2. Change Order No. 1 'T'I►ru No. $ 1,074.00 168,365.00 i. ToLILI. I ankh; Eiteumho.t d i; Jt. Value of Work Completed $ 180,532.80-=-----.--- Value of Work Remaining 5. 2 06 Percent Retainage $ 3,722-30** $ 0.00 6. Previous Payments $ 166.269.47 Percent Complete Y. Deductions or Charges $ 450.86* 100 Percent 8. Total $ 170,442.63 Payment Due (Line 4 - Line 8) $ 10,090. 17 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR: fl-t�+r47/-7 4' y c , TITLE: �.% �:r r --- DATE: /-,-7-A;,/47 Z— A 'P ����"Y OF SHAKOPEE ilb /e7— 'it . er Date City /Administrator l.)utc *Amount paid to Scott County for sign relocations. **This amount shall be placed in an interest-bearing account. edge of PAYMENT ESTIMATE W No. ill CONTRACT NO. 82-1.K`i' City of Shakopee, Minnesota 55379 Contractor: IIardrive:;, Inc. i.f00 Hemlock Lane North Maple Grove, MN 55369 Amount of Contract: Dates of Estimate Original $& ).2e7/, 50 From /e 'l / /7 2 Revised _$/4, 3 .5,,30 To /l/ov ?G / ? g'.2. Description of Project: County Road 83 Widening Item Contract Items This Period i t Totao te pa No. Contract Item Qty. Unit Unit Price Qty. Amount Qty. Amount Base Prep. & Test Rolling 79.1 ;.:I $500.00 c? --e)-- 7'7. I 33 510 do Class V Aggregate (3138) 8,405 Ton 4. 50 /2 567 6,, 662- 3 2" Bit. Base Course (2331) 301 S.Y. 3.00 -- _ -0- g /Z�D/a.Oo 4 12" Bit. Wear Course (2341) 5,750 S.Y. 1.50 __ - e)---- t , -e,% ?5-,2 oo 2" Bit. Wear Course (2341) 34,923 S. Y. 2.00 _,.,.. . r 3 G 1 'D /.60.00 2341 Bit. Mixture for Patching 50 Ton 50.00 -a- 6-6,7 2 036C. i Remove Pipe Culvert 185 L. F. 3.00 _o_ _o_ y46 73 /�G 8 15" CMP, 14 ga. 125 L.F 14.00 -0- -o- 2e 0 36ito4 9 18" CMP, 14 ga. 6o L.F.. 1 5.00 -c- -o- 3& 5c1- c;o 10 65"x40" CMPA, 14 ga. 26 L.F. 50.00 - 2(, �" _a_ / 3000 11 Sod 1,000 S.Y. 1.20 /6 1 cf, ', / 5 7 /(-6-i5.' ca 32 Seed & Mulch 5.2 Acre 450.00 _O_ --(9- -p: li 7 X58'.80 Ct,nqe Dv- e✓ 412 /070, Ga /gD 532,2 COST SUMMARY FOR PROJECT Original Contract Amount $167,291.50 Change Order No. 1 . 1,074.00 Total Contract Amount $168,365.00 Total Budget Amount $197 ,979.00* Value of Work Completed $180,532.80 2.06 Percent Retainage 3,722.30** Previous Payments 166,269.47 Deductions or Charges 450.86* Total $170,442.63 Value of Work Remaining $0.00 Percent Complete 100 Percent Payment Due $10,090. 17 Budget Summary *Original Budget $200,000 Scott County (2,021) Total Budget Amount $197,979 C/ fCI MEMORANDUM TO : John K. Anderson City Administrator, FROM : H. R. Spurrier__ •�,` ! } City Engineer f— SUBJECT: County Road 83 Improvement. DATE : December 16, 1982 Introduction: Attached is an invoice for work on County Road 83 to correct grade at two sanitary sewer manholes in front of the K mart Distribution Center. Background: The bill was originally sent to the distribution center for payment. Mr. H. C. Brown, K mart Construction Division, correctly pointed out that the work should be in the City contract because the City agreed to install that sanitary sewer. A subsequent rough grading contract raised grade in the vicinity of the manholes and the manholes had to be raised for proper access. These manholes were not discovered until after rough grading was complete. Staff recommends that the amount of $1,998.00 be paid to Kirkwold Construction for raising two manholes to grade and patching bituminous pavement. Action Requested Approve the payment of $1,998.00 to Kirkwold Construction, 13881 South Diamond Lake Road, Dayton, MN 55327 for raising two manholes to grade and patching the bituminous pavement; that amount to be disbursed from the Tax Increment as a part of County Road 83 Widening Project. HRS/jvm Attachment INVOICE NUMBER Li),1 It KIRKWOL,D CONSTRUCTION CO. 13881 SO. DIAMOND LAKE ROAD, DAYTON, MN 55327 612-421-8682 s o e L' Customer Order No. A ctke e. e. T / Date /s/kR.._i s - QUANTITY DESCRIPTION UNIT PRICE AMOUNT !i /1___C-4-_c___4- -= la 1.. C /1-- .r Ae /e.51 L__-. — 1 _ _v___... t_C-1.z —‘11«c/c I et, 4"/ �y1 no --T I cam._ -rat/P / ? —__ - __ 4- _�..- Vic' o, a o I fc2/2nl• -.D rl /,-!Jer - U,7 _i4// 1 )c) D o 1 1 I ___ ______._. __..__ _________ __.__., __ 1 I I 1 1 _.__- _--__.._____ _. _.__ _4--_._ -I-- I I _ ______i_____ I I I 1 1 i I I I 1 I I I _ - I I I I -- _ -- - - - -- - 1- - - L. 1 I -T-- I 1 I ._-_----_--. _____.�_—._______-___.. _-...-..__.-.—.--------.__.- _____ _..______-..__-- 1_______�- I. I I I - __ _ _--_ .-...—.-_ _.„.._------- - -` Y - _ ______._..__..__—_i..-_--------- - ------- I I 1 Q MEMORANDUM TO : John K. Anderson City Administrator FROM : H. R. Spurrier ! r �' City Engineer SUBJECT: County Road 83 Widening DATE : December 16, 1982 Introduction: Attached is a statement from Scott County Highway Department for work on County Road 83. Background: The contractor on the above-referenced project failed to replace some of the signs properly on County Road 83. Other signs were replaced at the request of the County in order to upgrade the sign posts and place the signs in a better position. Since this work was related to the improvement of County Road 83, it is the recommendation of City staff that such work be paid for by the Tax Increment, except for that part which is deducted from the contractor's payment. Action Requested: Authorize the payment of $631.52 to Scott County Treasurer for relocation of all signing on County Road 83 in conjunction with County Road 83 Widening Project with $450.86 to be deducted from the contractor's payment and the balance of $180.66 from the Kmart Tax Increment. HRS/jvm Attachment [ . 711 ,, Shakopee , Minn., December 9 , 1982 .a YY; ,• T E Muelken °-°:.,;vt`i i.ilii iii i To $1 XWITA f Treasurer, Dr. «i t} I I-- i . City of Shakopee =•- � 129 East First Avenue Scott County Shakopee, Minnesota 55379 Shakopee, Minnesota55379 Relocate all signing on County Road 83 in ?�- conjunctj.on with CP 82-83 (requested by Cit 1;;44 1:40:41,1;:.. .:_ ' of Shakopee) ';01, 11/29 Robert Young,District Foreman - 2 hrs . 11/30 Robert Young,District Foreman - 8 hrs . 10 hours @$9 . 36 9 .60 11/30 Joe Kane, Light Equipment Operator 8 hours @$9 . 25 7 . . 00 Week of 11/26 Dan Jobe, Assistant Highway Engineer .�.y, 2 hours @$15 .00 31 .00 rl+ r r,": i Fringe Benefits on above wages @ . 3216 6 . 54 N }•" : 1d4.�l+it...Ay 11/29 Unit #24 , Truck-20 miles 11/30 Unit #24 , Truck-58 miles 78 miles @$ . 74 5 . 72 11/30 Unit #34 , Loader 6 hours @$22 . 00 13 .00 r�. Posts - 8 - 7 ' Heavy @$8 . 50 68 .00 _, ,,..F; R :. ;. 7 - 8 ' Light @$7 . 30 5 .10 ,i,:, it 6 . 56 i 4.4-; _ Overhead @ .108 TOTAL 63 .52 _ _ — _ ------ _ - - Le • - = --=_ . - ----•---_ 4-4 - - -- SEND CHECK TO: Scott County Highway Department y I declare under the penalties of perjury that I am the person making the within s q + ' claim; that I have examined said claim and that the same is just and true, that the aHr` ir.}i4 s; 1 money therein charged was actually paid for the purposes therein stated; that the pro s t#=c { ;.N _€ ;;It !. perty therein charged was actually delivered or used for the purposes therein stated, "'`'''`' and was of the value therein charged that the services therein charged were actually ierp, rendered and were of the value therein charged; that the fees therein charged are of- ficial and are such as are allowed by law, and that no part of said claim has been paid. 1035§5ear ', Highway Engineer ►e�wW i The effect of this verification shall be the same as if subscribed and sworn to un- der oath. (Minn. Statutes 1945, Sec. 471.38, as amended by Laws 1949, Chap. 416) 4•4At"ir"= ,U +a.e`-"-s+T7r+r , 77,77 T• •9Tr-i•s^T--r TmOr c-3 1",,rTo3, ,. a-r s-. ^T1 r. 1 ilf-efellfr""rn.r 1 i}'TEN1,r11- , n - j :i.7117A'TIN �� r 3 _ s !..z.: t 'a II .: . i s iia IIi ` -,: ll! ' ,,.i �# 3{AT} T IIII i k i " 'Y ; .4 2±sr ..:*- �'sta"'.: : 3 ::, . t "` t L£s t aTe } II xr 1::4, „ 't Irl ' •sRII < ' b •- �.` . " ...4.........,,--.....:,...... ...,.;.».......".:.:r-.L...—.;,—......--. ♦.a a a.a .. a. ..a... .t. v 4'• i II? y% ' �imi, .s'.;w, } • - i z.s ek+_'444 `r444,i;tali•t*'�F{c 11!} *, iTif ii4 ii= E :ss' }.0 t***.:="£ilii nai z -as 4+i .si. � E yp .�.��. � t�'�'��_¢. �� `.i' ( .tit..i�: . ? `� MEMORANDUMel k TO : John K. Anderson City Administrator FROM : H. R. Spurrier _ , City Engineer SUBJECT: Reconstruction of Fourth`Ave ue - Fillmore Street to Fuller Street DATE : December 16, 1982 Introduction: Pursuant to the request of City Council , the Engineering Department should be specifically authorized to begin individual projects even though they are on the Capital Improvement Program and budgeted. Background: Scott County has given preliminary approval to the incorporation of 4th Avenue in the County's 1983 Capital Improvement Program. In order to have plans and specifications ready in a timely manner, staff must prepare the plans now. The work has been budgeted and therefore, City staff recommends authorization to proceed with the design of 4th Avenue Reconstruction. If that recommendation is taken, staff will hold public meetings with the property owners in the neighborhood, much the way staff did with Holmes Street Reconstruction. If City Council has any particular requirements regarding the reconstruction of 4th Avenue, staff would appreciate any input given in that regard. Action Requested: Authorize City staff to prepare plans and specifications for the reconstruction of 4th Avenue between Fillmore Street and Fuller Street. HRS/jvm MEMORANDUM TO : John K. Anderson City Administrator FROM : H. R. Spurrier City Engineer • SUBJECT: Authorization to Begin Prel ' inary Field Work for the Construction of Market Street - 1st Avenue to 4th Avenue DATE : December 16, 1982 Introduction: It is the policy of City Council to require authorization before proceeding with the Engineering work on any project. Background: Weather conditions and the absence of snow-cover make conditions ideal for doing survey work and preliminary work for Market Street between 1st Avenue and 4th Avenue. If such work is not performed at this time, staff would not be in a position to proceed with the accelerated schedule anticipated by the possible grant. Staff asks for authorization to proceed with the field work for Market Street, which includes the topography and cross-sections. Other detailed Engineering work will not be performed without specific authorization from City Council . Action Requested: Authorize City staff to perform preliminary field work for the construction of Market Street between 1st Avenue and 4th Avenue. This work will consist of cross-sectioning and collecting topographic data. HRS/jvm 9i43k--/1)' MEMORANDUM TO : John K. Anderson City Administrator FROM : H. R. Spurrier _ City Engineer SUBJECT: Engineer's Car -:- ------ DATE : December 16, 1982 Introduction: I am interested in trading some of my 1983 pay increase (in the event future State adjustments leave any) for a personal car. Background: The City has budgeted $5,500 for a new "unmarked" Police car. The present car was to be transferred to City Hall . I would request that the car replace the car I now drive and in addition to becoming the Engineering Department pool car, I would be able to use the car for personal use. At the present time, the car assigned to me is driven an average 6800 miles per year. I expect personal use to be less than 2000 miles per year for a total of 8800 miles per year. The annual cost include $1,000 per year depreciation and approximately $1,100 per year of maintenance, fuel and oil , for a total of $2,100 per year. The personal miles would be approximately 22.7 percent of the total annual cost, or approximately $477.27. I would, therefore, be willing to reduce my 1983 pay increase in an amount commensuate with the value of personal use. Action Requested: Authorize the transfer of the unmarked Police car to the Engineering Department and authorize the personal use of the vehicle for an amount of mileage not to exceed 2000 miles per year and direct staff to prepare an amendment to Resolution No. 1731, which establishes a policy for City vehicles. HRS/jvm CITY VEHICLE POLICY October 14 , 1980 1 . The following staff members have enough city use for a vehicle that the assignment of a city car is warranted . o City Engineer o Building Inspector o Street Superintendent 2 . The following departments have frequent need for a city vehicle and should have access to a city car or be re- imbursed for use of their own car when a city vehicle is not available . o Engineering Staff o Assessing Staff o HRA Staff o Planning Staff 3 . The following departments should use a city vehicle if available but primarily are to use their own vehicle and be reimbursed by a mileage payment . • o Administration o Finance • 4 . The City Administrator and Police Chief should be put on a monthly car allowance . 5 . City _cars should be taken home (Shakopee only) in the winter by employees assigned by the City Administrator rather than left behind City Hall . Where possible cars taken home should be put in a garage . 6 . To carry out these policies the following would need to be accomplished . a . City Assessor would go from a monthly allowance to using a city vehicle as needed . b. The city would have to maintain at least the following vehicles . 1 ) Car for City Engineer 2 ) Car for Building Inspector 3) Car for Public Works Director 4) One staff car in Engineering in winter and 2 in summer 5) One staff car for use by Assessing and Finance , Planning and HRA MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Park Dedication Due from the Shakopee Professional Building Association DATE: December 15 , 1982 Introduction In the process of getting amendments to developers agreements relative to park dedication executed by developers who desire to postpone payment , the situation presented in the attached letter from Mr. Manahan has come to light . Background Although I don' t recall the City requesting that the professional building parcel be included in the plat of Furrie ' s 2nd , it cer- tainly makes sense to do so. (And there is no reason why I should have knowledge of that request , the zoning administrator would have handled that ) . In figuring park dedication, I did so for the whole subdivision pursuant to the City Code. No mention was made to me to exclude the professional building site from the park fee, and I suspect no one has given it any thought until now. In checking the building permit for the professional building it appears that a park fee was paid, small as it was , and I can only assume that it was paid pursuant to the park dedication require- ment at that time . It seems to me that the question is : if the plat of Furrie ' s 2nd were before the Council this evening for approval and the Council had requested that the professional building site be included in the plat ( simply so that there not be a metes and bounds lot in the middle of the plat ) and a building already exists and a park fee has been paid, and the use of the property is the same as it was when the park fee was paid, would the Council ask that an addi- tional park fee be imposed? Alternatives 1 . Let the encumbrance stand and if the owner choses not to sign the amendment , delaying payment , foreclose on the lien pur- suant to the developers agreement. 2 . Request the other property owners within the plat to absorb the fee and if they decline , don' t amend their developers agreement , and demand payment of their park fees now. If they don' t make payment of their park fees , foreclose on the lien pursuant to the developers agreement . 3 . Amend the developers agreement erasing the $1 ,000 park fee from the professional building site. Park Dedication Due from the Shakopee Professional Building Associations Page Two December 15 , 1982 Recommendation I would assume that if the plat were being considered this evening, the City would not require an additional park fee against this parcel (although the rate has greatly increased) because this obligation was fulfilled at the time the building permit was issued. Therefore , I recommend alternative number three . Action Requested Authorize the preparation, execution and recording of an amendment to the developers agreement erasing the $1 ,000 park fee against Lot 4, Block 2 , Furrie ' s 2nd Addition. JSC/jms 1221 EAST FOURTH AVENUE JOHN M. MANAHAN P.O. BOX 282 SQ�!ar QG SHAKOPEE, MINNESOTA 55379 TELEPHONE (612) 445-7470 December 8 , 1982 The Honorable Mayor and City Council, City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Developers Agreement for Furrie ' s Addition Dear Mr . Mayor and Council Members: I am writing you as a member of the Shakopee Professional Building Association , the partnership which owns the Shakopee Professional Building . As you may be aware , in 1973 , our partnership took out a building permit to construct the building. The property on which we built was not platted at the time and our permit was on a metes and bounds description. We are informed that as part of the building permit we did pay some sort of a park fee , whatever was required by the City at the time. When Al Furrie commenced platting the land around us , we were informed that at the request of the City staff , our partnership join in the plat simply so that there not be a metes and bounds lot in the middle of the plat. We agreed to do so and did, in fact, sign the plat and Developers Agreement , not being cognizant of the fact that the Developers Agreement apparently obligates our building to pay additional park fees . This matter has come to our attention by the request of the City that we execute an extension of the Developers Agreement to authorize payment of that park fee at some later date. As you can see, the matter has gotten somewhat confused, but we hope we might straighten it out at this point. It strikes us that a reasonable approach would be to simply delete our building from the amendment so that the continuing obligation for the park fee rests on the undeveloped land around us , not on our building. The Honorable Mayor and City Council, City of Shakopee -2- December 8 , 1982 We would be happy to cooperate with you in any way to accomplish this end which appears to us to be the fairest and most reasonable. Thank you for your consideration. Yours very truly, 7 i/ '(/L 6� 7/7 // CL-a��`_ ...___ JOHN M. MANAHAN JMM:nb cc : Philip R. Krass A. L. Furrie MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk VC) RE : 1983 Farm Leases DATE : December 15 , 1982 Introduction Pursuant to earlier Council direction, staff has obtained signed leases from Mr. William Hauer and Mr. Larry Theis for rental of City property in 1983 . The leases are identical to leases signed last year. Action Requested 1 . Approve the 1983 Farm Lease between the City and Larry Theis for 18 acres in the southwest corner of the NW1/2 SW1/4 Section 12 Township 115 , Range 23 , and authorize proper City officials to execute same . 2 . Approve the 1983 Farm Lease between the City and William Hauer for Government Lot 1 in Section 31 , Township 116 , Range 22 and Government Lot 1 Section 32 , Township 116 , Range 22 , and authorize proper City officials to execute same. JKA/jms CITY OF SHAKOPEE, MINNESOTA d FARM LEASE THIS AGREEMENT is made and entered into by and between the City of Shakopee, Minnesota, and Larry Theis, Route 3, Box 652, Shakopee, Minnesota, hereinafter referred to as LESSEE. WITNESSETH: The City and LESSEE, in consideration of the rents, covenants and agreements herein contained and reserved, do hereby agree each with the other as follows: 1. The City grants and the LESSEE accepts a Lease of the following des- cribed premises in Scott County, Minnesota, to wit; 15.4acres in the Southeast corner of the NWS SW1 Section 12 Township 115, Range 23. 2. The LESSEE agrees that it will not sublet, assign, or in any manner transfer any part of his interest in the premises without the prior written approval of the City. 3. Use of the Premises: 3. 1 It is agreed that LESSEE shall not use the premises for any purpose contrary to any federal, state, or local, law, rule or regulation. 3.2 The subject premises shall be used only for the purposes of: Agricultural cropping. 4. As rent, the LESSEE agrees to pay the sum of $616.00, payable on or before November 15, 1983. 5. The LESSEE assumes by this agreement all risk of personal injury of, or death of himself, his employees, customers, invitees, licensees, family or guests while on or about the leased premises, and agrees to save harm- less the City of Shakopee for all claims, suits, costs, lossess, damages and expenses arising out of such injury or death. 6. The LESSEE assumes by this agreement all risk of injury on the pro- perty to himself, his employees, customers, invitees, licensees, family or guests while on or about the leased premises, and agrees to save harmless the City of Shakopee for all claims, suits, losses, cost, damages and expenses arising out of such injury. Farm Lease Agreement Page -2- 7. The LESSEE agrees to maintain the premises, including the control of noxious weeds in the entire 18 acres as required by law or regulation at his expense, and to maintain any and all buildings and their appurtenances on the subject premises. 8. The LESSEE agrees to use exclusively the access through the Northeast corner of the premise area of Lions Park. The LESSEE further agrees not to plant crops within 20 feet of the bike path on the western edge of leased acreage. 9. The LESSEE convenants that he will, at the expiration of this agreement, return the premises and any building and appurtenances thereon to the City in the same condition excepting normal use and damage by the elements, and agrees to assume all responsibility for damage to the leased premises which result either directly or indirectly from his occupancy or control. 10. If at any time during the life of this agreement the LESSEE violates any condition thereof, the City shall give written notice to the LESSEE setting forth the activity or omission by the LESSEE which is in violation of this agree- ment and further gives LESSEE thirty (30) days to remedy said breach. 10.1 In the event that the LESSEE fails to remedy said breach • within thirty (30) days of notice by the City, the City may terminate this agreement and the LESSEE shall relinquish possession of the subject property immediately. 10.2 LESSEE shall remove its equipment and implements but all crops on the subject property shall be the property of the City. 11 . The City and the LESSEE agree that the City may sell the subject pre- mises at any time, but the LESSEE shall be permitted to tend and harvest any and all crops on said land before relinquishing possession of the subject property. 12. This agreement shall take effect on January 31, 1983, or when all necessary signatures have been affixed, whichever occurs last, and shall re- main in effect until December 31 , 1983, or until terminated under Articles 9 or 10 under this agreement, whichever occurs first. 13. In the event that the crop land is leased out to a new tenant for the 1984 crop year, the new tenant shall have the right to fall plow, in 1983, any of the fields where the crops have been removed. D Farm Lease Agreement Page -3- In witness whereQ said LESSOR and LESSEE have hereunto set their hands on this / 3/� day of 4/0—= , 190r, In presence of: / {% I V4,4,144,1 Larry They.: Mayor City Administrator City Clerk ?) CITY OF SHAKOPEE, MINNESOTA FARM LEASE THIS AGREEMENT is made and entered into by and between the City of Shakopee, Minnesota, and William Hauer, 706 Apgar, Shakopee, Minnesota, hereinafter re- ferred to as LESSEE. WITNESSETH: The City and LESSEE, in consideration of the rents, covenants and agreements herein contained and reserved, do hereby agree each with the other as follows: 1 . The City grants and the LESSEE accepts a Lease of the following described premises in Scott County, Minnesota; to wit; Government Lot 1 in Section 31, Township 116, Range 22 and Government Lot 1 in Section 32, Township 116, Range 22. 2. The LESSEE agrees that it will not sublet, assign, or in any manner trans- fer any part of his interest in the premises without the prior written approval of the City; 3. Use of the Premises: 3.1 It is agreed that LESSEE shall not use the premises for any purpose contrary to any federal, state or local, law, rule, or regulation. 3.2 The subject premises shall be used only for the purposes of: Agricultural cropping. 4. As rent, the LESSEE agrees to paythe sum of not less than $250.00, and not more than $500.00 prorated with crop loss due to flooding. The amount due payable on, or before, November 15, 1983. 5. The LESSEE assumes by this agreement all risk of personal injury of, or death to himself, his employees, customers, invitees, licensees, family or guests which on or about the leased premises, and agrees to save harmless the City of Shakopee for all claims, suits, costs, losses, damages and expenses arising out of such injury or death. 6. The LESSEE assumes by this agreement all risk of injury on the property to himself, his employees, customers, invitees, licensees, family or guests which on or about the leased premises, and agrees to save harmless the City of Shakopee for all claims, suits, losses, cost, damages and expenses arising out of such injury. 7. The LESSEE agrees to maintain the premises, including the control of nox- ious weeds in the entire 63 acres as required by law or regulation at his ex- pense, and to maintain any and all buildings and their appurtenances on the subject premises. Ra Farm Lease Agreement Page -2- 8. Payment of taxes or assessments levied upon the premises during the life of this agreement shall be the complete responsibility of the LESSEE and shall not be considered as a portion of the rental herein involved. The LESSEE further agrees that if, after this agreement has expired or has been terminated, a tax or assessment is levied upon the premises, LESSEE shall pay that portion of the tax or assessment which corresponds to the portion of the taxation or assess- ment period in which this agreement was in effect. LESSEE shall be responsible for taxes due and payable on January 2, 1984. 9. The LESSEE convenants that he will, at the expiration of this agreement, return the premises and any building and appurtenances thereon to the City in the same consition excepting normal use and damage by the elements, and agrees to assume all responsibility for damage to the leased premises which result either directly or indirectly from his occupancy or control. 10. If at any time during the life of this agreement the LESSEE violates any condition thereof, the City shall give written notice to the LESSEE setting forth the activity or omission by the LESSEE which is in violation of this agreement and further gives LESSEE thirty (30) days to remedy said breach. 10.1 In event that the LESSEE fails to remedy said breach within thirty (30) days of notice by the City , the City may term- inate this agreement and the LESSEE shall relinquish possession of the subject property immediately. 10.2 LESSEE shall remove its equipment and implements but all crops on the subject property shall be the property of the City. 11. The City and the LESSEE agree that the City may sell the subject pre- mises at any time, but the LESSEE shall be permitted to tend and harvest any and all crops on said land before relinquishing possession of the subject property. 12. This agreement shall take effect on January 31, 1983, or when all nec- essary signatures have been affixed, whichever occurs last, and shall remain in effect until December 31 , 1983, or until terminated under Articles 9 and 10 of this agreement, whichever occurs first. 13. In the event that the crop land is leased out to a new tenant for the 1984 crop year the new tenant shall have the right to fall plow, in 1983, any of the fields where the crops have been removed. Farm Lease Agreement Page -3- In witness hereof said LESSO nad LE SEE have hereunto set their hands on this cP261 L day of a2Pi_,/ 1989- / In presence of: 7 % i % / ( (1 Rik C. C ( , � W l),iai ljauer 2 if/ _./7/,.//i X � i/ 1 / . Mayor 0,41/1......_ , , Alf /-1.....____-- ty Adm n'st at,ir 4110 , j 1 C, ty clerk i cYfD MEMO TO : John K. Anderson/City Administrator FROM: Judith S . Cox/City Clerk RE : Contract for Electrical Inspection Svs . DATE : December 14, 1982 Introduction : The current contract with Mr. Baker for doing electrical inspections for the City expires December 31 , 1982 . Background : The City has had an excellent working relationship with Mr. Baker and it is recommended that a new contract be entered into with Mr. Baker. Alternatives : 1 . Approve contract with Mr. Baker. 2 . Modify the contract or draft a new one . 3. Operate without a contract . 4. Consider entering into a contract with someone else . Recommended Action: Authorize proper City officials to execute a contract with Roy Baker for electrical inspection services for the City of Shakopee . JSC : cau CONTRACT FOR ELECTRICAL INSPECTIONS CITY OF SHAKOPEE Roy N. Baker, 1110 South Division Street , Northfield, Minnesota, 55057 , is hereby appointed an electrical inspector for the City of Shakopee to serve at the pleasure of the City Council . The City of Shakopee acknowledges receipt of his electrical inspector' s bond in the amount of $1 ,000 payable to the City of Shakopee in case of default . As such inspector , he hereby agrees to enforce the Minnesota Electrical Act , the Rules and Regulations of the State Board of Electricity thereunder and the appropriate ordinances of the City of Shakopee , as pertaining to the licensing of electricians and inspection of electrical installations . The rate of compensation for his services shall be 80% of the electrical inspection fees collected by the City of Shakopee . In addition to any other rules , regulations or directives promulgated or issued under authority of the City of Shakopee , he hereby agrees to comply with the following rules : 1 . Report to this office when called upon. 2 . Supply the City of Shakopee with a verification of automobile liability insurance on Form 1927 of the amounts of not less than $50,000 for any one person, $100,000 for any one accident for personal injury and $10,000 for property damage . 3 . Supply a monthly report of inspections completed. (Payment shall not exceed percentage of work completed) . 4. Deposit with the City of Shakopee any inspection fees received in the field. 5 . Delegate authority and responsibilities to no one ex- cept duly authorized representatives of this office upon request . 6 . Keep a Journeyman or Master electrician' s license in force at all times . By this appointment , the City of Shakopee places trust and authority upon Roy N. Baker as an independent contractor qualified and certified as such to make electrical inspections in behalf of the City of Shakopee in the geographical area defined by the City ' s corporate limits . This certification shall be dated concurrent with said bond, which shall terminate on December 31 , 1983 , unless amended or withdrawn previous to that date by the City of Shakopee or its duly authorized agents . Approved by the Shakopee City Council this day of , 198 . SIGN ONE COPY BELOW & RETURN CITY OF SHAKOPEE Z, Inspec 'sr s Signature Mayor //7/ Se' . Present Ad ress City Administrator 2 -7 city Clerk -- MEMO TO: John K. Anderson, City Administrator 91) FROM: Judith S . Cox , City Clerk RE: 1983 Bingo and Gambling Licenses DATE: December .15 , 1982 Introduction The City has received two applications for renewal of bingo licenses and two applications for renewal of gambling licenses . Background The applications from both the American Legion and the V.F.W. are in order. There are no delinquent taxes and the Police Chief has no objections to the renewals . Requested Action Approve the applications and grant a bingo license and a gambling license for 1983 to: American Legion, 1256 East First Avenue V.F.W. , 132 East First Avenue JSC/jms CITY OF SHAKOPEE 1,519SP., APPLICATION FOR LICENSE FOR GAMBLING DEVICES BINGO RAFFLE • 1 . NAME OF ORGANIZATION American Legion Club Post #2 _ 2 . PURPOSE OF ORGANIZATION Fraternal 3 . DATE OF ESTABLISHMENT ( IN SHAKOPEE) 1919 4 . NUMBER OF ACTIVE MEMBERS Approx. 380 5 . - R a ,` - ,� �, . � �,: T�s (11�CLIO('-coc .)a 6 . NAME OF BINGO MANAGER - • 7 . IS MANAGER AN ACTIVE MEMBER WHO HAS PAID ALL HIS DUES? YES XX NO 8 . DOES MANAGER HAVE A FIDELITY BOND IN THE SUM OF $10,000 IN FAVOR OF THE ORGANIZATION CONDITIONED ON THE FAITHFUL PERFORMANCE OF HIS DUTY? YES XX NO 9 . OR, DOES THE ORGANIZATION REQUEST THAT THIS REQUIREMENT BE WAIVED BY THE CITY COUNCIL (A UNANIMOUS VOTE IS REQUIRED) . 10. WHERE WILL THE LICENSED ACTIVITIES TAKE PLACE? 1256 East First Avenue, Shakopee, Minn. 11 . WHO OWNS THE BUILDING? American Legion Club Post #2 12 . IF NOT OWNED BY THE ORGANIZATION, DO YOU HAVE A 12-MONTH LEASE ON THE BUILDING? n/a (ATTACH A COPY) 13 . ARE ANY OTHER ORGANIZATIONS LEASING THIS BUILDING FOR THE PURPOSE OF HOLDING BINGO OCCASIONS OR OPERATING A RAFFLE OR GAMBLING DEVICE? YES NO XX 14 . HOW MAY BINGO OCCASIONS ( .IF ANY) DO YOU PLAN ON HOLDING IN A ONE- YEAR PERIOD? Tw.c.a Weekly .. , syn(/ . . 15 . DO YOU UNDERSTAND THE REPORTING REQUIREMENTS OF THE ORDINANCE AND DO YOU INTEND TO COMPLY WITH THEM? YES XX NO 16 . YOU MUST ATTACH THE FOLLOWING DOCUMENTS TO THE APPLICATION IN ORDER FOR IT TO BE COMPLETE. A . Department of the Treasury , Internal Revenue Service , "Return of Organization Exempt from Income Tan, " Form 990, or a comparable form if the organization is required to file the form with the Department of. the Treasury ; B . Department of the Treasury, Internal Revenue Service , "Exempt Organization Business Income- Tax, " Form 990 T, or a comparable form if the organization is required to file the form with the Department of the Treasury; C . The annual report required of a charitable organization by Minnesota Statutes 1974, Section 309 . 53 , provided that an organization that conducts bingo but is exempt from submitting this report to the Department of Commerce under Section 309 . 53 , Subdivision 1A, shall nevertheless submit such report under this Subdivision. D. The Minnesota Department of Commerce "Statement of Bingo Operations . All information contained in this statement shall be true and complete to the best of my knowledge of any person or persons signing the statement . Any person who shall knowingly make a false statement or knowingly conceal material fact in the statement shall be subject to penalties as provided by this part and by Minnesota Law. E. Any lease agreements required by this part executed by the organization in regards to premises leased for the conduct of- bingo . �l j . � E RESIDENT OF ORGANIZATION ADDRESS clAD pA KoTA DATE (► - q - 0— PHONE yqS- 5355 CITY OF SHAKOPEE APPLICATION FOR LICENSE FOR GAMBLING DEVICES , BINGO, RAFFLE 1 . NAME OF ORGANIZATION Veterans of Foreign Wars Post 4046 2 . PURPOSE OF ORGANIZATION Assist veterans and their Families 3 . DATE OF ESTABLISHMENT (IN SHAKOPEE) March 15, 1944 4 . NUMBER OF ACTIVE MEMBERS 565 5 . NAME OF GAMBLING MANAGER Roger 0, Dedeker 6 . NAME OF BINGO MANAGER Roger 0. Dedeker 7 . IS MANAGER AN ACTIVE MEMBER WHO HAS PAID ALL HIS DUES? YES X NO 8 . DOES MANAGER HAVE A FIDELITY BOND IN THE SUM OF $10,000 IN FAVOR OF THE ORGANIZATION CONDITIONED ON THE FAITHFUL PERFORMANCE OF HIS DUTY? YES X NO 9 . OR, DOES TUE ORGAN IZ.AI'ION REQUEST 'l'UA'I 'CHIS REQUIREMENT BE WAIVED BY THE CITY COUNCIL (A UNANIMOUS VOTE IS REQUIRED) . 10. WHERE WILL THE LICENSED ACTIVITIES TAKE PLACE? 132 E. 1st Ave . ,Shakopee,Mn. 11 . WHO OWNS THE BUILDING? V.F.W. post 4046 12 . IF NOT OWNED BY THE ORGANIZATION, DO YOU HAVE A 12-MONTH LEASE ON THE BUILDING? (ATTACH A COPY) 13 . ARE ANY OTHER ORGANIZATIONS LEASING THIS BUILDING FOR THE PURPOSE OF HOLDING BINGO OCCASIONS OR OPERATING A RAFFLE OR GAMBLING DEVICE? YES NO X 14 . HOW MAY BINGO OCCASIONS (IF ANY) DO YOU PLAN ON HOLDING IN A ONE- YEAR PERIOD? 90 15 . DO YOU UNDERSTAND THE REPORTING REQUIREMENTS OF THE ORDINANCE AND DO YOU INTEND TO COMPLY WITH THEM? YES X NO 16 . YOU MUST ATTACH THE FOLLOWING DOCUMENTS TO THE APPLICATION IN ORDER FOR IT TO BE COMPLETE. A . Department of the Treasury, Internal Revenue Service , "Return of Organization Exempt from Income Tax, " Form 990, or a comparable form if the organization is required to file the form with the Department of the Treasury ; B . Department of the Treasury, Internal Revenue Service, "Exempt Organization Business Income Tax, " Form 990 T, or a comparable form if the organization is required to file the form with the Department of the Treasury; C . The annual report required of a charitable organization by Minnesota Statutes 1974, Section 309 . 53 , provided that an organization that conducts bingo but is exempt from submitting this report to the Department of Commerce under Section 309 . 53 , Subdivision 1A, shall nevertheless submit such report under. this Subdivision. D. The Minnesota Department of Commerce "Statement of Bingo Operations . All information contained in this statement shall be true and complete to the best of my knowledge of any person or persons signing the statement . Any person who shall knowingly make a false statement or knowingly conceal material fact in the statement shall be subject to penalties as provided by this part and by Minnesota Law. E. Any lease agreements required by this part executed by the organization in regards to premises leased for the conduct of bingo . John Fir PRESIDENT OF ORGANIZATION ADDRESS 132 E. 1st Ave . . Shakopee,Mn. DATE Nov.3, 1982 PHONE 445 - 993.i MEMO TO: John K. Anderson City Administrator 1 �. FROM: Judith S . Cox, City Clerk RE: Appointments to Expiring Terms DATE: December '15 , 1982 Introduction Some terms on City boards and commissions will be expiring the end of January. Background All incumbents have been contacted and many have indicated an interest in being reappointed . Planning Commission Dave Rockne - Yes Joe Perusich - Yes I .C.C . Jane DuBois - Yes Al Furrie - Yes Commuin ty Services Bob Ziegler - Yes Police Civil Service Commission Stan Dircks - No Does Council wish to advertise for all expiring terms or just those where incumbents do not wish to be reappointed? Alternatives 1 . Advertise for all expiring terms on City boards and commissions . 2 . Advertise only for expiring terms on City boards and commissions where incumbents do not wish to be reappointed. Action Requested Direct staff to advertise for: 1 or 2 JSC/jms MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Committee Appointments DATE: December ,17 , 1982 Introduction In addition to consideration of appointments to expiring terms the City Council should consider two additional items related to appointments to boards and commissions . Background 1 . At its December 16 , 1982 , meeting the Energy and Transportation Committee requested the Mayor or a Councilmember be appointed as liaison to that Committee as directed in Resolution No. 1982 establishing the Committee . Information is presented here so Council will know to take that request into consideration when the liaison appointments are made in January. 2 . In the Cable Franchise Ordinance No. 100 the Council indicated that it may establish a Citizens ' Cable Advisory Committee and/or a Community Access Corporation. (See excerpt of ordi- nance No. 100 attached. ) As advertisement for other appoint- ments to be made in January is to be authorized at this time , perhaps it is appropriate for Council to determine now whether to establish a cable committee . If so, a resolution must be drafted to establish the Committee and advertisement can be done in conjunction with other positions to be available . Alternatives 1 . Determine not to establish a Cable Committee. 2 . Delay establishment of the Cable Committee to some future time . 3 . Establish the Cable Committee now and advertise for interested participants . Requested Action Direct staff to prepare a resolution establishing a Cable Advisory Committee for consideration at the January 4, 1982 , City Council meeting and direct staff to advertise for persons interested in this committee to be appointed in the same time frame as appoint- ments to existing City boards and commissions . JA/jms _.(74.c61:1.1 ark,c? 100— CA-664' ,44.11.6114„-x..." (IA similar portion of said payment shall he refunded by Grantee. C . If any sul)sc_r- ther terminates, for personal l tr'3 reasons, any monthly service prior to the end of a pre- paid period, an amount of the prepaid subscriber service fee proportiorlato to the number of days remaining in the prepaid period shall be refunded to the subscriber by C,r,cntec. 'There shall he no refunds for less than thirty ( i0 ) day:; t imee . _c.)mmunity Access __orpor.�t ion. In accordance with Minnesota law, -141 indexpendent non-pro it corporation,ion, ter ii'd the Community Access Corporation (CAC) may be Formed to manage the use of public access and other community channels of the System. City may appoint no less than seven (7 ) persons with broad representation of the City' s educational , cultural. , social , community and business organizations . Not less than one ( 1 ) of Grantee' s representatives shall be included on the initial. Board of Directors . The CAC Board of Directors shall., within sixty (60 ) days of incorporation and appointment by City, submit. to City a plan and rules for the management, operation and u.se of public access and community channels . : 8. 15 Citizen' s Advisory _Committee. 9 1 The City may provide for an ongoing Citizen ' s Advisory Committee which will prepare annually infor- mation and status reports of the construction, operation and maintenance of the system. The speci fic nature and composition of this Committee shall he determined by the City after the franchise becomes effective. 44, I -69- .. ?-6 1* City of Shakopee ), -Al. ,�� I E DEPARTMENT v� SNp, KOpE-EJ'' POLO - `NNes0"4 i t �:.. ''",: 1/4-- '.i - ' 476 South Gorman Street \E), ) "�1, SHAKOPEE, MINNESOTA 55379 �1` ��_ r' Tel. 445-6666 fk Y155379 �°; z TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Purchase of used motor vehicle DATE: December 8 , 1982 INTRODUCTION During 1980-1981 budgeting periods the department leased a vehicle for investigative purposes to be operated by three officers assigned to the investigative activity. In order to reduce the 1982 operating budget, funding (5 ,000) was included in the Capital Improvement Fund to purchase one used vehicle as a replacement for the lease vehicle. Purchasing procedures require vendors to retain vehicles for a lengthy period pending authorization to purchase , which could result in the vehicle not being available. Staff received council authorization to expedite the purchase in order to obtain a vehicle at cost savings while maintaining the intergrity of the purchasing procedure. BACKGROUND Council has appropriated $5 ,500., in the 1983 Capital Improvement Fund for the replacement of the vehicle which will also be a used unit. It is my understanding that the existing unit will be transferred to City Hall to replace a unit which is no longer serviceable and will be sold at auction. RECOMMENDATION Authorize staff to accept quotations and disburse funds within budgeting limitations not to exceed $5 ,500. COUNCIL ACTION REQUESTED Authorize staff to accept quotations and disburse funds within budgeting limitations not to exceed $5 ,500 . go CSE'VE rJo Jn-wEEct City of Shakopee ee 9 1 POLICE DEPARTMENT 476 South Gorman Street SIIAKOPEE, MINNESOTA 55379 Tel. 445-6666 TO: Greg Voxland, Finance Director FROM: Tom Brownell SUBJECT: Used Vehicle Purchase ' l O DATE : January 8 , 1982 / 0ff v,- /h2r4 .)<ilp BACKGROUND On December 15, 1981, Council authorized staff to accept quota- tions and issue a payment voucher for the purchase of one used motor vehicle to replace one lease vehicle , payment not to exceed $5 , 000 .00 as budgeted for 1982 . QUOTATIONS 1. Peterson Howell Heather Leasing Co. Baltimore , Maryland 1980 Pontiac Grand LeMans $ 4 , 625 . 00 2 . Kayser Leasing Company Madison, Wisconsin 1980 Ford LTD, two door 4 , 825. 00 3 . Gelco Leasing Company Eden Prairie , Minnesota a 525 . 00 1980 Oldsmobile Cutlass, four door Wholesale value : $5, 800 .00 Loan value : $5 , 225. 00 Retail : $6 , 675 .00 9t MEMO TO: John K. Anderson, City Administrator FROM: Gregg M. Voxland, Finance Director RE: Purchase of 4-Wheel Drive Unit DATE: December 16, 1982 Introduction & Background The Sewer Fund has $10,000.00 budgeted in 1982 and carried over into 1983 for the replacement of a 4wd utility vehicle. Council previously authorized going with the Hennepin County Cooperative for bidding this unit. The Cooperative received no bids for these type units. Therefore, I requested quotations from seven Jeep dealers and have received three quotations. Two of the quotations exceeded the wheelbase maximum specified. Ford and General Motors do not have a unit that will meet specifications for this small a unit. Some Ford and Chevy dealers did bid S10 Blazers and Bronco II for Hennepin County and the prices were running better than $1 ,000.00 higher. It is recommended that the quote of Park Jeep with optional cooling and tires he accepted in the amount of $8,246.00. Alternatives 1 . Do not purchase unit. 2. Purchase and requote at later date. 3. Requote now. 4. Purchase quoted unit from Park Jeep. Recommendation Recommend alternative #4. Requested Action Move to purchase a Jeep CJ-5 from Park Jeep per specifications and options for the amount of $8,246.00. GMV:mmr PARKJeepTelephone 890 5337 1 HE TOUGHEST FOUR LETTER WORD ON WHEELS December 14, 1982 City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Attention: Gregg Voxland Re: Your invitation to bid on a Utility Vehicle dated December 6, 1982, and addendum dated December 8, 1982. We are pleased to quote on one 1933 Jeep CJ-5 UTILITY VEHICLE with the following specifications at a price of $8384.00 f.o.b. Shakopee, Minnesota: WHEELBASE: 33.5 inches ENGINE: 253 C.I.D., 6 cylinder, full flow oil filter, fuel filter, air cleaner. TRANSMISSION: 4 speed manual, synchronized, 2 speed transfer case. CLUTCH: 10.5 inch diameter AXELS: Front - 220077lb. capacity Front lockouutlni�ubsapacity SPRINGS: Heavy Duty Suspension - Front/Rear Springs, Front/Rear shocks 4150 GVW Rating Stabilizer Bar - Front BRAIMS: Hydraulic, self adjusting, power. assist Mechanical parking brake Steering: Power assist CAB: Metal half cab with roll down safety windows, full rear window, Driver's seat plus single passenger seat, dual sunvisors, dual exterior rear view mirrors. ELECTRICAL: Alternator - Heavy Duty 56 Amps Battery - Heavy Duty 56-452 Cold Crank Instrument PANEL: Numerical gauges BUMPERS: Front, rear draw bar. 3440 . CC 890 1408 WEST HIGHWAY 13, BURNSVILLE, MINNESOTA 55378 PARKTelephone 890-5337 Jeep 431 THE TOUGHEST FOUR LETTER WORD ON WHEELS December 14, 1982 City of Shakopee Page 2. Tires: P225/75R15 ( B ) Steel Belted First Line Tubeless Tires, Mounted spare and spare wheel carrier. (ALTERNATE) COLOR: Ditzler DQE42256 or Dupont 83350 ( Green) We would recommend that a heavy duty cooling system be added, heavy duty and larger fan, and larger cooling system, at $ 42,00 additional. We also would recommend that five H78x15 Polyglass Mud and Snow Tires be substituted for the original spec. tires and for our alternate tires at $ 180.00 less. With the two above suggested options your delivered price would be $ 8246.00. Delivery would be approximately sixty to ninety days from receipt of your order. Thank you for the opportunity to bid, and trust that our bid will prove satisfactory, and that we may be favored with your order. PARK JEEP, INC. 1 ) , " ) , 1 L. M. DWORSKY: lmd JEF.o 4._ 4'_. - -:9 ' Z " ,IFc M,� 1408 WEST HIGHWAY 13, BURNSVILLE, MINNESOTA 55378 v MEMO TO: John K. Anderson, City Administrator FROM: Gregg M. Voxland, Finance Director RE: Purchase of One Ton Stake Truck DATE: December 10, 1982 Introduction & Background Council has previously authorized utilizing the Purchasing Cooperative for obtaining a one ton stake truck which is budgeted for 1983. Superior Ford was awarded the bid for this truck at a price of $10,534, plus $25 for special paint (P.W. green) , total price $10,559. There is $15,000 in the budget for this truck. Alternatives 1 . Purchase truck as per above. 2. Decline to purchase truck. • Recommendation Alternative number one is recommended. Action Requested Move to purchase a one ton stake truck per Hennepin County contract #3309 from Superior Ford in the amount of $10,559. 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M rt rt 0 C7 74H• H C) I i G G CD rt, 0 w 0 1 W N r • ro rt, I I r, _ w W I I rt w rt '.e.m rt H• `C rt H co P0 C!) CO C G G H Cf) CT 77 hi m C; G CO ro CO ro ri n G CO CO m ( G O o m w C w m r (D m W x' N C)0 CH.d 1--, b 0 G 0 `C o 0 0 G 5 > UC 'C) G 'd rt, '17 '0 G '0 H fD CD (D rt, CD CD ro n ro C G -<n m rt r- LJJ Ln Iv a, rn lit In Ni CO NiVv o w N) V Ni -J O N W v N r-. �1 W W W 0 W U1 V, aC) NJ Cb D1 W W W Ce Ln r r O V, Ln O !: V) kr; rn ‘.0 O O O V1 V -,1 00 O N O O C'') r O O O O O W --.4 4> l0 O O F W v v v 0 0 0 Ce W W Ni x- O O O m lfl 4--..1CT O In O O t In O In O O r N f) D1 r r 1-' r r-• r-' r r 1-4 r r H CX) r-• r r r r r-• r r.., r, r.., r r-' 1-' C•) to- r r !-11-. r r 1-4 W r r r-• r r r r-• 1 ..p--- .L -N IN -L 1> L� 1N S=- r .. i -J a a, a v V v a, a\ a, a, 6, rn a, a, a CT In U, U, � � Ui f N r 0 �a Co v In .L W Ni r O ,..0 CO v O 9it /N MEMO TO: John K. Anderson, City Administrator FROM: A►• t. Arctre.- RE: Travel/Subsistence Reimbursement DATE: 1L - I-lib introduction The staff member listed below is requesting Council approval for reimbursement of travel/subsistence expenses. Background Staff frequently has to use their own funds to pay for conference or travel expenses. The process for Council to approve reimbursement requests within the regular bill cycle can entail a wait of up to five weeks before the employee receives the money. In order to alleviate a possible hardship on the employee by expediting compensation for expenses incurred on City business, this request is forwarded out of the normal bill cycle. The employee and expenses are: Name: Jean..t me(re Amount: $0. 11 Purpose: Mi lay, Mee k.L Alternatives 1 . Approve payment 2. Defer to normal bill cycle . 3. Deny all or part of request Recommendation Alternative #1. Action Move to approve payment to Yeah, c, AnCert. in the amount of $ for travel/subsistence reimbursement. MEMO TO: Mayor and City Council C FROM: John K. Anderson, City Administrator RE: Sale of Surplus Fire Department Equipment DATE: December 17 , 1982 Introduction Disposal of excess City property is provided for in Section 2 . 70 of the City Code , and the Fire Department has requested that the City dispose of three pieces of Fire Department equipment . Property to be Disposed Of The City does not plan to participate in a joint auction again this year with the County. For this reason I have decided that the Fire Department ' s request to dispose of an Olivetti electric adding machine , an IBM electric typewriter, and an air compressor should be disposed of through negotiated sale or sealed bids . The City has received interest in the air compressor from more than one party; therefore, it is likely we will run an add in the newspaper on at least this item. No other City department has indicated an interest in the air compressor and the electric adding machine and electric typewriter are not in good working condition. Alternatives 1 . Dispose of all of these pieces of excess property. 2 . Do not dispose of the excess property. 3 . Dispose of only one or two of the items . Recommendation Staff recommends alternative No. 1 , because there is more than one party interested in the compressor at the present time and it is simply occupying space at the Fire Department now that it has been replaced by a new compressor. Action Requested Motion directing the appropriate City officials to dispose of the following excess property: One Olivetti Electric Adding Machine ID 0098 One IBM Electric Typewriter ID 0111 One Single Stage Air Compressor with a 3/4 hp Motor. ID 1626 by negotiated or public sale. JKA/jms 70,iy MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Vacation of Ramsey Street North of Shakopee Avenue DATE: December J6 , 1982 • Introduction On October 19th Council held a public hearing on the vacation of Ramsey Street North of Shakopee Avenue and directed staff to prepare the proper resolution so vacating. Background The City Engineer has now located the areas where easements must be retained so the resolution of vacation retaining necessary easements is now in order for adoption. Action Requested Offer Resolution No. 2093, A Resolution Vacating That Part of Ramsey Street Herein Described , and move its adoption. JSC/jms RESOLUTION NO. 2093 /D � A RESOLUTION VACATING THAT PART OF RAMSEY STREET HEREIN DESCRIBED WHEREAS , it has been made to appear to the Shakopee City Council that all that part of Ramsey Street North of Shakopee Avenue in the City of Shakopee described in Exhibit A hereto attached and made a part hereof no longer serves any public interest or use save and except for the maintenance of existing easements ; and WHEREAS , a public hearing to consider said vacation was held in the Council Chambers of the City Hall in the City of Shakopee at 8 : 00 p.m. on the 19th day of October , 1982 ; and WHEREAS , two weeks ' published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin hoard on the main floor of the Scott County Court House , on the bulletin board in the Shakopee City Hall and on the bulletin board at the Shakopee Public Utilities ; and • WHEREAS , the Council hereby determines that that part of Ramsey Street described in Exhibit A hereto attached serves no public interest except for the maintenance of existing easements , and that it would he to the best interest of the City to vacate said thoroughfare . NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, that all that part of Ramsey Street in the City of Shakopee described in Exhibit A hereto attached be , and the same hereby is vacated ; reserving however unto the City existing easements and drainage and utility easements described in Exhibit A hereto attached and the right to repair, service and enlarge the same . BE IT FURTHER RESOLVED that the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County . Adopted in _ session of the Shakopee City Council held this may of� , 19 M-ayor of the City of Shakopee ATTEST : Approved as to form this day of , 19__ MEMO TO: John K. Anderson, City Administrator ia() FROM: Judith S . Cox, City Clerk RE: Amendment to City' s Personnel Policy Regarding the City' s Contribution to Health and Life Insurance Costs • DATE: December 13 , 1982 Introduction Pursuant to your direction the attached resolution has been prepared amending the amount the City will contribute towards its employees group insurance costs . The Council did budget for such costs in 1983 . This completes non-union salary and benefit adjustments for 1983 . Action Requested Offer Resolution No. 2075 , A Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571 , and move its adoption. JSC/jms 6 RESOLUTION NO. 2075 r A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY RESOLUTION NO. 1571 • WHEREAS , Resolution No. 1571 was adopted by the City to provide reasonable and clear expectation of the conditions of employment for its employees ; and WHEREAS , it is necessary to amend certain sections of Resolu- tion No. 1571 from time :.o rime to maintain reasonable and clear conditions of employment , and WHEREAS , the City of Shakopee contributes toward the cost of health and life insurance for employees , and WHEREAS , the City Council is desirous of providing the same contributions 011 behalf of all qualified employees and budgeted for such in 1983 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Section 9 of the City of Shakopee Personnel Policy is hereby amended to provide for a City contri- bution for health and life insurance of $150. 00 per month for qualified employees effective January 1 , 1983 . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of , 1982 . ----------- Mayor the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1932 . City Attorney 10a. MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Reappointment to Suburban Rate Authority for 1983 DATE: December ,16 , 1982 Introduction Pursuant to your direction, I have prepared the attached resolu- tion appointing the director and alternate from Shakopee to serve on the Suburban Rate Authority for 1983 . Action Requested Offer Resolution No. 2092 , A Resolution Designating Director and Alternate Director to Suburban Rate Authority , and move its adoption. JSC/jms RESOLUTION NO. 2092 A Resolution Designating Director and. Alternate Director to Suburban Rate Authority BE IT RESOLVED by the City Council of the City of Shakopee , Minnesota , that Eldon A. Reinke is hereby designated to serve as a director of the Suburban Rate Authority, and John K. Anderson is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1983 and until their successors are appointed. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney MEMO TO: John K. Anderson, City Administrator / () FROM: Judith S. Cox, City Clerk RE: Adopting Standards Regulating the Planting of Shrubs and Trees DATE: December 2 , 1982 Introduction The City Code provides that standards regulating the planting of shrubs and trees shall be adopted by the Council . Background We have had these guidelines for sometime , but need Council approval as per the City Code . The resolution has been review by both the Public Works Director and Community Services Director. Staff will not seek out violators , but will publicize the regulations and will contact violators when they are brought to our attention. Action Requested Offer Resolution No. 2087 , A Resolution Adopting Uniform Standards Relating to Tree Control as Provided by Sec. 7 .05 of City Code, and move its adoption. JSC/jms RESOLUTION NO. 2087 / A Resolution Adopting Uniform Standards Relating to Tree Control as Provided by Sec . 7 . 05 of City Code WHEREAS , Sec . 7 . 05 of the City Code Provides that the City shall have control and supervision of planting shrubs and trees upon or overhanging, all streets and other public property and may establish and enforce uniform standards relative thereto, and WHEREAS , any such standards so adopted by the Shakopee City Council upon recommendation of the City Administrator shall be kept on file in the office of the City Administrator and may be opened to inspection by the public . THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL, that it herewith adopts uniform standards relating to species , types , placement and maintenance of trees in the City as follows : A. Duties of private land owners : 1 . The owners of land adjacent to a public highway or street shall be responsible for all trees between his property line and the center of the street right-of-way and between his side lot lines extended. 2 . Property owner shall trim his trees and plants covered hereby so as to avoid causing a hazard to public places , interfering with proper lighting of public highways , and a minimum clearance shall be maintained over sidewalks of not less than 9 feet and over roadways of not less than 12 feet and the property owner shall not willfully plant a tree directly on top of a water shutoff and on top of sewer service lines . 3 . All cuts larger than 2 inches in diameter on the diseased prone elms and oaks shall forthwith be covered with an approved tree- wound dressing and when a tree is removed the root or stump shall be grubbed out , or otherwise removed and replaced with necessary fill and seeded or sodded. B. Prohibition 1 . No tree shall be planted within the City right-of-way without it complying with the provisions of this Resolution. 2 . No tree or other vegetation shall be planted, placed or allowed to remain in a position which the City Engineer determines to be or likely to cause a traffic hazard. 3 . No tree shall be planted in present or future sidewalk right-of-way nor shall they be planted closer than 30 feet from the curb line on a corner lot and not be planted closer than 30 feet to another tree on the right-of-way. 4. None of the following species of trees shall be planted in the City right-of-way: a . All Elms f . Catalpa b. Red and Pin Oaks g. Mulberry c . Cottonwood h. Poplars d . Box Elder i . Black Locust e . Birch j . Willows C. When in Force and Effect This Resolution shall be in force and effect after its passage and one publication in the official newspaper and shall remain in effect until further revised or changed by action of the Council upon recommendation of the City Administrator. / MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE : Resolution No. 2094 , Authorizing the Conveyance of Old Treatment Plant to Wallace Bakken DATE: December J7 , 1982 Introduction The attached resolution authorizes conveyance of the property we are receiving from the MWCC to Mr. Wallace Bakken. The deed we received from the MWCC conveying the property to the City was erroneously sent unsigned. It was returned for execution and if it is received by the Tuesday evening meeting, everything will be in order for the adoption of the attached resolution. Action Requested If the deed is received: Offer Resolution No. 2094, A Resolution Authorizing the Sale and Conveyance of Certain Real Estate , and move its adoption. If the deed is not received: Delete from agenda please. JSC/jms RESOLUTION NO. 2094 A RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CERTAIN REAL ESTATE WHEREAS, Pursuant to certain agreements heretofore entered into by and between the Metropolitan Waste Control Commission and the City of Shakopee, and the State of Minnesota and the City of Shakopee, the City of Shakopee received, among other things, the real estate described in Exhibit "A" hereto attached and made a part hereof, subject to certain restrictions, conditions and limitations, and WHEREAS, the Shakopee City Council after investigating and considering all matters, concludes and finds, that the real estate hereinafter described is of no particular use to the City of Shakopee for public purposes or for governmental uses and that it would be better for all parties concerned that the same be sold and returned to the tax rolls of the City of Shakopee, and WHEREAS, Wallace D. Bakken of the City of Shakopee has made an offer of four thousand dollars ($4,000,00) for said property, which said offer is a reason- able and best offer the City has for the sale of said land. THEREFORE, BE IT RESOLVED, BY THE SHAKOPEE CITY COUNCIL that it does determine and find that the real estate described in Exhibit "A" hereto attached has no public use or governmental use and that it would be better for all parties concerned to have the land returned to the tax rolls, and WHEREAS, Wallace D. Bakken of the City of Shakopee has offered Four Thousand Dollars ($4,000.00) for conveyance of said property to him; that said offer is reasonable and the payments would be just compensation to the City for said convey- ance. THEREFORE, BE IT RESOLVED, BY THE SHAKOPEE CITY COUNCIL that the City sell and convey the land described in Exhibit "A" hereto attached to Wallace D. Bakken subject to the conditions, restrictions and limitations contained in Exhibit "A" upon the payment by Mr. Bakken of $4,000.00 as consideration for the transfer. 1 BE IT FURTHER RESOLVED, That the proper city officials are hereby authorized and directed to make, execute and deliver said deed of conveyance upon the receipt of the check, /D 9� Passed in `- session of the Shakopee City Council this day of 198 • Mayor - -- - ----- ATTEST: City Clerk Prepared and approved as to form u tom. 15tizy of,December, 1982. $ Julius Al Coller, II City Attorney 34 I MEMO TO: John K. Anderson, City Administrator FROM : Judith S . Cox , City Clerk RE : Ordinance No . 111 DATE: December 17 , 1982 Introduction The City Attorney has prepared the attached ordinance repealing the section in the City Code entitled "Furnishing Obscene Material" . Action Requested Offer Ordinance No. 111 , An Ordinance of the City of Shakopee , Minnesota, Amending Shakopee City Code , Chapter 10 , Entitled "Public Protection, Crimes and Offenses" by Repealing Section 10 . 75 Prohibiting the Furnishing of Obscene Material , and move its adoption. JSC/jms ORDINANCE NO, ? ll Fourth Series • An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 10, Entitled "Public Protection, Crimes and Offenses" By Repealing Section 10.75 Prohibiting the Furnishing of Obscene Material WHEREAS, In the prosection brought by the City of Shakopee against Super America Store alleging violation of Section 10.75 of City Charter entitled "Furnishing Obscene. Material" the Honorable Richard J, Menke on November 23, 1982, dismissed the said proceedings on the grounds that the Ordinance does not comply with the standards required for the regulation of obscenity, therefore, THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Repeal Section 10. 75 of the City Code entitled "Furnishing Obscene Material" is hereby repealed. SECTION II: When in force and effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee held this day of T , 198 Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 15th .daN of December, 1982. JtYius A'. Colter', II City Attorney _ .. I MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Ordinance No . 112 DATE: December .17 , 1982 Introduction The City Attorney has prepared the attached ordinance amending the snowmobile regulations pursuant to Council direction on December 7 , 1982 . Action Requested Offer Ordinance No. 112 , An Ordinance of the City of Shakopee , Minnesota , Amending Shakopee City Code Chapter 8 entitled 'Traffic Regulations" by Repealing Subdivision 3G of Section 8 . 30 and In Lieu Thereof Adopting a New Subdivision 3G Section 8 . 30 and Adopting by Reference Shakopee City Code Chapter 1 and Section 8 . 99 , Which Among Other Things Contain Penalty Provisions , and move its adoption. JSC/jms ORDINANCE NO. 112 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 8 entitled "Traffic Regulations" by Repealing Subdivision 3G of Section 8.30 and In Lieu Thereof Adopting a New Subdivision 3G Section 8.30 and Adopting by Reference Shakopee City Code Chapter 1 and Section 8.99, Which Among Other Things Contain Penalty Provisions THE CITY COUNCIL OF SHAKOPEE, MINNESOTA ORDAINS: Section I: Repeal Subdivision 3G of Section 8.30 is hereby repealed. I Section II: New Subd 3G Section 8.30/adopted to read as follows: G. During the hours from 11:00 o'clock P.M. to 7:00 o'clock A.M. of any day closer than 100 to any dwelling which is usually occupied by one or more person; provided, however, that snowmobile or ATV operation shall be permitted during such hours when traveling directly to or from the residence of the operator and the nearest Trail System access at a rate of speed not in excess of fifteen (15) miles per hour. SECTION III: Adopted by reference General provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 8.99 are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: When in force After the adoption, signing P g R and attestation of this Ordinance it s;h,il l be published once in the official newspaper of the City of Shakopee and shall be in full farce and effect on and after the date following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 198 �gg ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as to form this 14th. day R£ December, 1982. l/ MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Appointment to State and Regional Boards DATE: December .l7 , 1982 Action Requested The Mayor has been interested in getting Shakopee citizens appointed to State �/��� Council and Regional boards and commissions . `�' Please come with 1 or 2 names that can be submitted as appointments for this aging panel position. has openings The Metropolitan Council is ac- cepting applications for 11 vacan- cies on its advisory committee on aging. Applicants must beat.least 60 years ord 15cadline for applica- tions is Dec.27._— The committee is seeking four members aTTargg`�nd one member from each of the following council districts: 3 (eastern half of St. Paul),7 (southwest Minneapolis),8 (southeast quarter of Minneapolis), 9 (Richfield and eastern Blooming- ton), 11 (Edina,Hopkins, Deephav- en, Minnetonka, Wayzata, Plym- outh and Medicine Lake), 12 (northwest Hennepin County and the western third of Anoka County) and 14 (Washington County, east- ern Anoka and the Hastings area of Dakota County). The 25-member committee assists the council In developing plans and programs to meet the needs of el- derly people In the Twin Cities area.