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HomeMy WebLinkAbout02/01/1983 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: January 27 , 1983 1 . The City has a draft of S . F. #79 relating to horse racing and a study of the impact of a race track on file if anyone wants to read them. They must go through 5 committees and the Chamber of Commerce is following it for Shakopee . 2 . Attached is the monthly calendar for February. 3 . Attached is the agenda for the February 2 , 1983 Ad Hoc Downtown Committee meeting along with the minutes of their October 13 , 1982 meeting. 4 . Attached are the agendas for the February 3 , 1983 Board of Adjustment and Appeals and Planning Commission meetings . 5 . Attached is a memo to the Suburban Rate Authority regarding Northwestern Bell 1982 Rate Case . 6 . Attached are a couple of letters sent to Jim Karkanen regarding snow removal . 7 . Attached is a copy of the fuel disbursements from 1975 to 1982 . 8 . Logis is undertaking a study to correct deficiencies in the Equipment Control Module so that this program will be useful to member cities . The module monitors the efficiency of equip- ment by tracking maintenance , fuel consumption, use and if desired depreciation. The system will be set up so that double entries will be eliminated because the Finance Depart- ment will transfer cost and necessary billing directly from the equipment control module . It is the intent of member cities to share this data so that each can benefit from the aggregate experience . The program modification requires participation of a large member city and a small member city. Shakopee has been selected as the small member city for this study. The Public Works Department will be working with the consultant retained by Logis to make the system useful to Shakopee and small cities . Logis will spend approximately $13 ,000 on the modification. There is no program design costs for Shakopee , but we would buy the pro- gram once it is up and working just like all Logis communities . Annual cost should he $2 ,450 or less . The City can decide whet her or not t he hit' pmenl Cont rol Module aft or t he modification is complete and after the City has had an opportunity to use the module . 9 . The City is in receipt of the soils report for the Memorial Park pedestrian bridge site . There is some good news and some bad news . The good news is that the south abutment will be on rock. The bad news is that there is no bottom on the north abutment . More good news though, the FABCON material is excellent . It will be used for the north abutment . More Non-Agenda Informational Items Page Two January 27 , 1983 bad news, a permit from DNR is required and that takes 6 to 8 weeks . More good news , the bridge could be ready by May 15 , 1983 if FABCON has a slab. Thanks go to Eldon for contacts with FABCON. -- Bo 10 . If Council wants to pursue the use of FABCON material , we could start rebuilding the Eaglewood road with some FABCON material and additional right-of-way. It is a good winter project because the loads would not damage the road when the material is hauled in. Staff could put a package together for the next meeting if necessary. This will be brought up at the meeting February 1st so you can ask any questions you may have prior to the drafting of the memo. -- Bo 11 . I have asked Capesius Agency for something in writing stating that the ice facility property is covered under the City liability policy. I have also asked the Shak-O-Valley Amateur Hockey, Inc . to provide me with names of officers , who is over seeing the operation and who they report to. -- Judy 12 . Tommy Merickel from Rudy Boschwitz ' s office will meet with City officials on February 16th at 8 : 00 A.M. at City Hall re : Shakopee concerns to be relayed to Mr. Boschwitz . Any Councilperson wishing to meet with Mr. Merickel should mark his calander. ( 7/�1 Irl N Q �..'1 11 ,-1 ,--I N r E 4 •L r ,) r+ c0 in r (NI >4 Fa H Cv C') 0 r.--- G --t •---1,-a vH 0 N >1 •,--1 <4 45 -1 0 • 45 • • 0 • sR •� Cfl v p. , CL> a. . G •r-+ CZ (f) Fes, Eo Go cd EM cv rocn ,--; o •• S:: •• M P. 0N- wHI- DO Q• N C E O M .-a •-.-i N >• a • P o E• d CO • 0 a x 3 • o W q U 0 ( 0 w E_" 0 Q) •• w :r- X G o U 1 n cn •,-+ b 0 •• U dr11----- 0 0. '--4 .-i CO In (N •--1 N •11 U Ln C=i G • a) • • (r) of .6 .- E • 4 • �� • H u) U 0 O r4 () O ›-, 0 d 11 O RJ "--)CD 1-1 0 C4 •-I •• U .0 .• •,- O •• XUr 0001 U0t--• e- n .--I c0 .-I N N >1 • > 4 a) E .-7 Q) E 1GL E •4 • Q V) • v • OU 45 Cl. x Q Ca.Q f n •r-1 •'-1 W • • Ir--10 >•1V) Eo CI) CD ,fl •,--1 rl H O E o ? O 4--) •• r-I ,- O •• •,1 •• P-4 "..1. 0U0 \OG=. o0 D cam') O ' r. N N Q tti 7 co 3 TENTATIVE AGENDA Ad Hoc Downtown Committee City Hall Council Chambers February 2, 1983 7:30 A.M. Chrmn. Steil presiding 1. Call to Order at 7 :30 A.M. 2. Approval of October 13, 1982 Meeting Minutes. 3. Discussion - Consultant Interview Process Schedule of Interviews 4. Downtown Survey - Dan Steil . 5. Miscellaneous. 6. Adjournment. Don Steger City Planner CITY OF SHAKOPEE AD HOC DOWNTOWN COMMITTEE MEETING October 13, 1982 7:30 A.M. City Council Chambers Present: Nancy Christensen, Terry Link, Eugene Pearson, Dan Steil, Don Steger, Jerry Wampach, Don Martin, and Mike Sortum. The Meeting was called to order by Chairman Dan Steil. Christensen/Link moved to approve the minutes of the August 25, 1982 and the September 1, 1982 meetings. This passed unanimously. Chairman Dan Steil introduced Mike Sortum as a new member representing St. Francis Hospital. Don Steger reviewed with the committee the "Request for Proposals" that will be mailed out for the purpose of hiring a consultant for the downtown project. After a lengthy discussion it was suggested that a subcommittee be formed to review the proposals submitted by the consultants and also suggested that the subcommittee chose from three to five of these proposals for consideration of the full Ad Hoc Committee. It was decided that Dan Steil, Terry Link, and Gene Pearson would serve on the subcommittee. It was further suggested by Don Steger that the finalists come to a meeting and formerly submit their proposals. The Downtown Redevelopment Committee's "Consultant Mailing List" was given to the members. Don Steger briefly went over the list and explained how the names were obtained. Gene Pearson volunteered to chair the Designated Loan Area subcommittee. Anyone else interested in serving on that subcommittee should contact Gene. It was also noted that Nancy Christensen would serve on the Architectural subcommittee. Link/Pearson moved to adjourn. Submitted by, Don Martin TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota February 3, 1983 1) Chrmn. Schmitt to convene meeting at 7:30 P.M. 2) Roll Call . 3) Election of Officers. 4) Passing of the Gavel . 5) Approval of Meeting Minutes from January 6, 1983. 6) Other Business. 7) Adjournment. Don Steger City Planner TENTATIVE AGENDA Shakopee Planning Commission Regular Session Shakopee, Minnesota February 3, 1983 OATH OF OFFICE ADMINISTERED AT 7 :25 P.M. 1) Chrmn. Schmitt to convene meeting at 7:35 P.M. 2) Roll Call . 3) Election of Officers. 4) Passing of the Gavel . 5) Approval of Meeting Minutes of January 6, 1983. 6) 1982 Annual Report Action: Acceptance of Report Move to forward Report to City Council 7) Discussion: Proposal by Cletus Link, Developer, for development of the 1000 Block on East 3rd Avenue. 8) Discussion: "Round Table Items" . 9) Information Items: a) Dave Moonen's Remodeling b) Street Cuts - 12th Avenue c) Conditional Use Permit Staff Review - Ashland Chemical Bulk Tank d) Conditional Use Permit Staff Review - Shakopee Sports Center e) f) 10) Other Business. 11) Adjournment. Don Steger City Planner MEMORANDUM TO: SRA Board • FROM: Glenn E. Purdue DATE: January 19 , 1983 SUBJECT: Northwestern Bell 1982 Rate Case Status of Case. Hearings concluded on December 8 , 1982 , and all parties , including SRA, have submitted Initial Briefs to Hearing Examiner Myron S. Greenberg. Reply briefs are due January 21. The Examiner will issue his report on February 20. Oral argument before the Commission will be on March 20, and the Commission' s Order will issue not later than April 20, 1983. Activity Since Last Report. During the final week of hearings, I cross-examined Bell witness Arnold Albrecht regarding its estimated $2. 5 million cost of changing the rate zones back to the previous density based system. The SRA is taking the position that Bell' s $2 . 5 million estimate consists primarily of inflated labor costs and that the actual cost to Bell and the ratepayers for a changeback to the previous system would be minimal. The SRA filed its Initial Brief to the Hearing Examiner on January 10, 1983. It asserts that: 1. The present and proposed schedules of charges across the rate zones bear no reasonable relation to the cost of service (one-party residential service is proposed at $154 . 08 annually in Tier I and $231. 84 in Tier IV; a business line at $517. 56 in Tier I and $758. 28 in Tier IV) ; 2 . The 36 percent across the board increase and resulting schedule of rates is arbitrary and places an undue revenue burden on customers living in Tiers II through IV; 3. The Tier System, and any non-optional measured service with a distance element, fragments the metropolitan area econo- mically and politically, and is not justified by any strong countervailing public policy; 4 . The previous system better reflects important adminis- trative policies of cost efficiency, fair distribution of charges and public acceptance; and 5. A changeback to the previous system would not be burdensome to the Company or' to the ratepayers. Bell and Intervenor Positions on Issues of Concern to the SRA. 1. Rate of return: Bell' s requested increase in revenue requirement is $89. 975 million, computed on a $1, 125 ,603, 000 intrastate rate base. Its requested overall rate of return is "no less than" 13. 24 percent with a 17. 5 percent return on common equity. The test year capital structure includes a 50. 1 percent common equity ratio, without the Western Electric equity. In GR- 80-911, the Commission adopted a Bell system capital structure which excluded the higher risk Western Electric equity. Intervenor recommendations on return on common equity are as follows : OCS -14. 12 percent; DPS - 15. 3 percent (11. 96 overall rate of return) ; Federal Executive Agencies - 13. 5 through 15 . 0 percent (11. 26 - 12. 02 percent overall rate of return) ; and Metro Deaf Senior Citizens , Inc. - 13. 5 percent. The common equity ratio supported by the Intervenors ranges between 45 and 50 percent. 2. Rate design: Bell opposes the SRA' s position on the Tier system. It claims that the Tier System was "fully examined" in GR-79-388 and is thus proper. Further, it asserts that a changeback to the previous base rate and zone plan would cause excessive administrative cost and customer confusion. Bell also defends the distance charge in its optional measured service program. It rejects the SBA' s opposition to such a charge by simply asserting that "the cost causer should be the cost bearer. " The DPS also opposes the SBA' s recommendation that the Tier system be abandoned. First, it states that all statutory require- ments were met when the DPS proposed the Tier plan in GR-79-388 . Second, the DPS asserts that the SRA has not demonstrated through any studies of its own that the Tier system is unfair or not cost-based. The DPS and OCS criticize Bell' s 36 percent increase in flat rate service and its failure to increase the optional measured service rate ($5. 69 per month) . They claim this is part of Bell' s long range plan to force customers away from flat rate service toward measured service with a distance element. Bell denies this. 2 w / ' IIICCC/// 1192 Tyler Street Shakopee, MN 55379 January ?6, 19"' Mr. slim Karkanen Street Superintendent City of Shakopee 500 Gorman Street Shakopee, MN 55379 Dear Sir: This letter is long overdue since it is almost a month since the blizzard which left us with sixteen inches of snow. I wanted to write you and say "thank you" , and commend the efforts of you and the employees of the street department. The blizzard left a very large drift at the end of my driveway preventing your snowplow from petting all the snow close to the curb. The edge of the snowbank was approximately five feet from the curb line and my mailbox hurried. After finding that the post Office wouldn' t deliver my mail if they had to get out of their truck (even though I had cleared a path to the mailbox from the street) , I called your department and spoke with a female who was very polite. I explained the problem, and indicated I was by no means complaining knowitg that your peoole were extremely busy; this being only two days after the blizzard. She stated she would make a note of my call but couldn't civarentee when someone would be in that area to widen the street. The following morning a road grader was at our intersection clearing back snow on the boulevards. I went and spoke with the driver, who stated he had already called for a front end loader to clear back the drift infront of my residence, since his blade would block the end of my driveway. As he said, that afternoon a man in a payloader arrived and completely cleared the area. This was impressive enough in itself but the next week I looked out to see a snowblower clearing snow all the way up to the curb line aivina access without difficulty to each mailbox. We have lived in other municipalities where service of this type is simply unheard of. I work for the State of Minnesota, and know that public employees are so often criticized and rarely thanked. Therefore, I wanted to pass on my thanks to you because of a job well done. Thanks again! Sincerely, Michael L. Asleson cc: Mr. John Anderson, City Manager awe 601 Fp) c. K) 0r e January 26, 1983 • Mr. James Karkamen, Superintendent Shakopee Public Works 500 Gorman Street Shakopee, MN 55379 Dear Jim: In calling your office last Friday regarding the condition of 11th Avenue, I reached Perry Cheever. I advised Perry that while 11th Avenue had been opened on the same evening of the snow storm, it had not been widened to two lanes to date. Perry assured me that this was an oversight and that it would be handled without delay. On my return home that afternoon, I found 11th Avenue opened to the full extent of its width. The city had also paid the residents the courtesy of reopening the walkways to their homes. It is important to me that you know that we don't take that kind of re- sponse for granted and that indeed we truly appreciate all the year around services provided by your department. I thank you on behalf of the residents along 11th Avenue for responding to our needs with the particular courtesy extended by Perry Cheever. Sincerely, Jos F. Ries 401 E. 11th Avenue Shakopee, MN 55379 `cC• 3John Anderson, City Administra.trrt i in O cr co r- r- O l0 N N N Cl N rl N co rt V Cl '.0 ,t' N .7t' r--I l0 l0 N H + . 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U N 0 H U) G-) tA •a H w C) N tiH a U Cr) 0 N a7 4 H 0 O N Z U) a H 0 ci 0 a, CO a U) N FC m - U g H as TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 1 , 1983 Mayor Reinke presiding 1 ] Roll Call at 7 :00 P .M. 2] Recess for H.R.A. meeting 3] Reconvene 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) *7] Approval of Minutes of January 18, 1983 8] Communications : *a] Bob & Char Schneider re : use of police building for preparation of Senior Class Party decorations p* b] Scott County Human Services re : Job Training Partnership Act oktukcJ( c] Dan Steil re : expansion of members on Ad Hoc Downtown Comm. *d] Phillip Krass re : legal fees 9] Public Hearings : None 10] Boards and Commissions : *a] Resignation & appointment to Energy & Transportation Comm. b] MTC Trial Route Past Shakopee Elderly Highrise c ] Transportation Survey 11 ] Reports from Staff: a] Dram Shop Insurance Coverage for 3 . 2 Beer Licensees b] Review of Dog Catcher Agreement with Robert McAllister c] Agreement with John Nelson Regarding Lateral Assessments for VIP Interceptor d] Appointments to Boards and Commissions e] January 4, 1983 Minutes *f] Park Dedication for Minnesota Valley 3rd *g] Building Equipment Maintenance Contract h] Authorize payment of bills in amount of $350, 579 . 10 i] Fifth Avenue - Spencer St . to Fillmore St . j ] The City' s Two Percent 429 Project Interest Surcharge 12] Resolutions and Ordinances: *a] Res. No. 2105 , Amending City Policy on Accumulation of Comp Time *b] Res. No. 2108 , Authorizing the Submission of A Community Develop ment Block Grant for Fiscal Year 1983 *c] Res. No. 2106, Abating An Assessment Against A Certain Parcel for the Holmes St . Storm Sewer Improvement 80-3 *d] Res. No. 2107 , Requesting the Mn. Dep ' t . of Natural Resources to Establish the Ordinary High Water Mark for Deans Lake 13] Other Business: a] Discussion on rebuilding the Eaglewood road with FABCON material b] c] d] 14] Adjourn to uesslaY; Fehr. Lary loth a ?x+00 P ,M, John K. Anderson , City Administrator TENTATIVE AGENDA Housing Authority in and for the City of Shakopee , Minnesota Regular Session February 1 , 1983 Chairman Colligan presiding 1 . Roll call at 7 : 00 p .m. 2 . Approval of minutes of January 4, 1983 3 . Other business 4. Adjourn to March 1 , 1983 Jeanne Andre Executive Director rROCFFDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ANNUAL MEETING SHAKOPW, MINNESOTA JANUARY 4, 1983 Chrm. Leroux called the meeting to order at 7:02 P.M. with Comm. Wampach, Lebens, Colligan and Vierling present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr. and Judith S. Cox, City Clerk. Lebens/Vierling moved to approve the minutes of December 7, 1982 as kept. Motion carried unanimously. Colligan/Wampach moved to nominate John Leroux for the position of Chairman for 1983. Chrm. Leroux declined the nomination because he felt his schedule would not allow him sufficient time to fulfill the duties of chairman. Lebens/Vierling moved to nominate Dean Colligan for Chairman in 1983. Lebens/Wampach moved to close nominations for Chairman. Motion carried unanimously. Colligan/Vierling moved to nominate Dolores Lebens as Vice-Chair for 1983. Colligan/Vierling moved to close monimations for Vice-Chair. Motion carried unanimously. Lebens/Colligan moved to nominate Gloria Vierling as Secretary for 1983. Colligan/Wampach moved to close nominations for secretary. Motion carried unanimously. Leroux/Wampach moved to cast a white ballot for all candidates nominated. Motion carried unanimously. City Attorney Julius A. Coller, II arrived and took his seat at this point, 7:07 P.M. Chrm. Leroux turned over the gavel to newly elected Chrm. Colligan. Discussion was held with the HRA Director regarding policy of informing Commissioners of meetings and seminars, etc. Consensus was that she should keep the Commissioners informed as a routine informational item. Leroux/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:10 P.M. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 18, 1983 Mayor Reinke called the meeting to order at 7:00 P.M. with Cncl. Wampach, Lebens, Vierling, Leroux and Colligan present. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; H. R. Spurrier, City Engineer; Jeanne Andre, HRA Director; and Julius A. Coller, II, City Attorney. Liaison reports were presented by Councilmembers. Cncl. Colligan questioned the City Attorney relative to the delay in the execution of the John Nelson sewer agreement. Discussion followed. Consensus of the Council was the agreement remain as it is, and if it isn't executed by the next Council meeting Mr. Nelson could appear and explain it, or the assessments would be levied. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda, and there was no response. Leroux/Colligan moved to amend the minutes of January 4, 1983 on the first page, second to last paragraph, to add "Reinke" as also being opposed to the motion. Motion carried unanimously. Leroux/Vierling moved to approve the minutes of January 4., 1983 as amended. Motion Leroux i g pp carried unanimously. Wampach/Vierling moved to receive the report from the Minnesota Department of Health dated January 3, 1983, and forward it to SPUC. Motion carried unanimously. Discussion ensued regarding the Holmes Street Storm Sewer Assessment pursuant to Mr. Robert Bullock's request for an adjustment in his assessment. The City Engi- neer explained why the parcels in question were assessed a non-residential rate. Mr. Bullock stated he was in the process of purchasing this property in March of 1980, and it was a lengthy process. He stated these were lots of record in the early 1900's and they are right in the middle of a residential area, and he thinks they should be zoned residential, R-3. The City Engineer replied that since the City could not prevent the railroad from a non-residential use of the property as long as it owned the lots, it was decided to assess them at non-residential rates. Mr. Bullock stated he just assumed a mistake had been made by the City, since any- one would think that if the railroad abandoned the right-of-way the lots would go back to becoming lots in a residential zone. These are two complete lots, not just strips of land like in most parts of town. He stated he had a problem with his attorney, who did not do an assessment search against the property before he bought it, and he only found out a month ago that there were assessments against it. Leroux/Colligan moved to abate one-half of the remaining portion of the Holmes Street storm sewer assessment, which amounts to $428.44, on Lots 6 and 7, Block 51, Shakopee City (to be funded from the general fund) . Discussion followed. Cncl. Leroux stated it has been the City's policy to assess based upon actual use, and this is clearly going to be residential property. The City Engineer stated there has been a permit taken out for a single family dwelling for one of the lots. He also stated there shouldn't be any similar situations in this assessment area. Roll Call: Ayes; Reinke, Colligan, Leroux, Vierling, Wampach Noes; Lebens Motion carried. Leroux/Lebens moved to re-open the public hearing regarding the 1983 Community Development Block Grant. Motion carried unanimously. The HEA Director gave some background regarding the concerns of the residents of the affected area and some of the comments from a meeting with interested neighbors. She presented several different alternatives and pros and cons of each. Mayor Reinke asked for comments from the audience. " , Shakopee City Council - January 18, 1983 Page 2 LaVerne Anderson, 217 S. Naumkeag, stated he is against the project, and he thinks everyone else in the neighborhood is too. Mrs. Jim Truebenbach, 1133 E. 3rd Ave. , stated she is opposed to it. Eugene Hennes, 1123 E, 3rd Ave. , stated he is definitely against it. Cncl. Leroux asked if the opposition was only to the rental units to be created in the proposed multifamily housing. Mrs. Jim Truebenbach stated she can see the public improvements part of it, but she does not want 20 families behind and on the side of her. She is concerned with extra traffic, dust and problems with low-income families. She stated she would go along with twin homes or something similar, but it is too small an area for that many families. Discussion followed regarding the public improvements and how expensive they would be without the rental unit and alternatives. Discussion followed regarding the impact on the grant if the proposed apartment was left out. The City Admr. stated the City scored lowest in the grant in the public improvements portion, and he thought the chances of getting the grant without the multifamily housing would be less. Mayor Reinke asked if there were any more comments from the audience. Gene Hennes stated he liked the proposal 100% with the public improvements and economic development, and without the apartments (multifamily housing) . Colli gan/Vierling moved to close the public hearing. Motion carried unanimously. Leroux/Wampach moved to delete the residential portion of the grant application, which is east of Naumkeag and north of 3rd Avenue. Motion carried unanimously. Leroux/Wampach moved to direct the proper City officials to submit a grant applica- tion for the East Second Avenue Neighborhood Revitalization, for an amount up to $1.4 million, for public improvements, economic development and voluntary move program. Motion carried unanimously. George Muenchow gave some background regarding the Wells Fargo Bank Gamefield Fit- ness Course Grant. Ms. Martha D. Jones, Director of Development for St. Francis Regional Medical Center, gave some more detail regarding the fitness trail. Connie Schmid, President of Shakopee Lions Club, stated they were happy to see further development of Lion's Park. Colligan/Wampach moved to gratefully accept this generous contribution to Lion's Park. Motion carried unanimously. Leroux/Colligan moved to direct staff to send appropriate letters of thanks to Wells Fargo Bank, St. Francis Regional Development Center and Shakopee Lions Club. Motion carried unanimously. Lexo ux/Colligan moved for a five minute recess at 8:13 P.M. Motion carried unanimously. Lebens/Vierling moved to re-convene at 8:25 P.M. Motion carried unanimously. Mr. Donald Burkhardt presented the Infiltration/Inflow Analysis report to Council, with accompanying charts and graphs. He went over the District 3 analysis in more detail and gave figures regarding the costs involved in any further study. His final recommendation was that the City should be aware of the Infiltration/Inflow and create its own program to systematically reduce it as the work schedule warrants, and to continue to televise the lines. Leroux/Wampach moved to accept the Infiltration/Inflow Analysis Report prepared by Bonestroo, Rosene, Anderlik & Assoc. , Inc. Motion carried unanimously. Lebens/Leroux moved to forward the Infiltration/Inflow Analysis prepared by Bonestroo, Rosene, Anderlik and Associates, Inc. to Metropolitan Waste Control Commission, Minnesota Pollution Control Agency and the U.S.E.P.A. Motion carried unanimously. Bill Runge and Jim Stillman were present on behalf of Rahr Malting and stated they would like to look at the Analysis further, but they were pleased that it confirmed the accuracy of the meter they use. Shakopee City Council January 18, 1983 Page 3 Leroux/Wampach moved to approve the purchase of a Dietzgen Trident Model 4353- 360 Whiteprinter at a cost of $3,835.20 from Copy Equipment, Inc. , 1000 West 79th Street, Minneapolis, Minnesota 55420, to be funded out of Capital Equipment Budget. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to approve the construction delays requested by Zylstra- United in the December 30, 1982 letter from J.W. Abbott for the installation of underground cable and aerial cable east of the headend on CR16 to the municipal boundary, and establish September 16, 1983 as the deadline for the installation of these portions of the system. Motion carried unanimously. Mary Smith, representative of Zylstra-United, stated it would behoove them to com- plete this portion as soon as possible. She stated they are only talking about a very few number of miles in underground cables. She stated there hasn't been much publicity on cable so far because she doesn't like to ask people to sign up without having a delivery date to tell them. Leroux/Vierling offered Resolution No. 2101, A Resolution Establishing the Shakopee Cable Communications Advisory Commission, and moved its adoption. Motion carried unanimously. Colligan/Leroux moved to nominate Walter G. Johnson, Lee Davis, Lill Abeln, William Anderson, Bill Harrison and Janet T. Williams to the Cable Advisory Committee. Leroux/Vierling moved to close nominations. Motion carried unanimously. Leroux/Vierling moved to nominate Stephen L. Strehlow, Michael T. Bennington, John A. Roepke and Janet Williams to the Shakopee Police Civil Service Commission. Leroux/Vierling moved that nominations be closed. Motion carried unanimously. Vierling/Leroux moved to nominate David T. Rockne and Joseph S. Perusich to the Shakopee Planning Commission. Leroux/Vierling moved to close nominations. Motion carried unanimously. Lebens/Wampach moved to nominate Jane DuBois and Al Furrie to the Industrial/ Commercial Commission. Colligan/Vierling moved that nominations be closed. Motion carried unanimously. Leroux/Wampach moved to nominate Bob Ziegler to the Community Services Board. Leroux/Lebens moved that nominations be closed. Motion carried unanimously. The City Admr. asked for a clarification regarding the grant application for the 2nd Avenue Revitalization as it concerns the area which had been proposed for a multifamily housing component, and whether it would be acceptable to include volun- tary acquisition and demolition or moving of the structures in the grant if no new housing is proposed. Consensus was to not include it in the grant application. Discussion ensued regarding asking the 911 system to reimburse the City for costs incurred in re-addressing the City. Colligan/Wampach moved to direct staff to submit a bill to Scott County for time and hours spent by staff in 911 addressing. Motion carried with Cncl. Leroux and Lebens opposed. Leroux/Lebens moved to direct staff to prepare the appropriate resolution permitting the accumulation of 60 hours of comp time for 120 days beginning January 1, 1983 vs. the established 40 hour maximum for accumulated comp time. Motion carried unanimously. The City Admr. stated the City did not make the rental payments to the Clara Hauer estate for the Gorman ball field for the years 1978, 1979, 1980, and 1981. Dis- cussion followed. Vierling/Leroux moved to pay $75.00 per year, for a total of $300.00, for years 1978, 1979, 1980, 1981 for full payment of all rents for the Gorman ball field property. Roll Call: Ayes; Unanimous Noes; None Motion carried. • Shakopee City Council - _ January 18, 1983 Page 4 Leroux/Wampach moved to authorize staff to return the $4,239.00 letter of credit on file for the Long View Estates 1st Addition improvements upon receipt of a new letter of credit in the amount of $2,472.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to submit the name of Dr. Thomas E. Luth to the Scott County Board of Commissioners to be considered for appointment as a Deputy Health Offi- cer for Scott County. Motion carrried unanimously. Wampach/Colligan moved that anyone desiring to utilize the municipal parking lots for a period longer than posted may ask the Council to enter into a special parking lot lease agreement and direct staff to inform Mrs. Theis of this procedure. Motion carried unanimously. Cncl. Lebens questioned the need for sending new City ordinances to the codifier. She stated the new Ordinances conform to the law and should not need to be changed. She stated that if the City is just paying the codifier so much money for them to just put them in a book, that is something the City can do. She is also concerned that the codifiers change the meaning of Ordinances passed by Council. The City Attorney and City Clerk both spoke in favor of continuing the use of the codifier. They supported that system as being much better than anything the City has had before. The City Clerk stated she thought City staff would not have enough time to give proper attention to the ordinances, and staff would also not be aware of the new laws and their effects on City ordinances. Also, this company knows the City Code well now, and it would be very costly to change to another company. Discussion followed. Vierling/Leroux moved to authorize City officials to enter into a 1983 contract with Municipal Ordinance Codifiers, Inc. at $85.00 per hour for counsel, $45.00 per hour for Codifier, and $20.00 per hour for typing revision pages for quarterly updating the Shakopee City Code and authorize staff to amend the 1983 budget by adding $1,500.00 for updating the City Code. Roll Call: Ayes; Reinke, Wampach, Vierling, Leroux, Colligan Noes; Lebens Motion carried. Leroux/Wampach moved to authorize the City Clerk to issue cigarette licenses for 1983. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach•moved to authorize proper City officials to execute a special muni- cipal parking lot agreement with Jack Brambill.a for the Black Arrow Parking Lot. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize proper City officials to execute a two-year lease with the Save O'Dowd Lakes Chain Association for use of City property described as so much of Lots M, N and 0 inclusive, RLS No. 45, Scott County, Minnesota. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize the purchase of two pagers and one pager charger for $574.00 for the Shakopee Fire Dept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved that bills in the amount of $769,653.35 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling offered Resolution No. 2104, A Resolution Authorizing Participation in the Minnesota Police Recruitment System. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize proper City officials to execute a lease agreement with the Valley Industrial Development Company for a police firearms range. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. recommended discussion regarding group life insurance be tabled for further study. Colligan/Leroux moved to table discussion on group life insurance. Motion carried unanimously. Shakopee City Council January 18, 1983 Page 5 Leroux/Wampach moved to purchase a one ton four wheel drive truck under the Henne- pin County Contract in the amount of $10,206.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling offered Ordinance No. 113, 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 Adopt- ing 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 moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling offered Resolution No. 2103, A Resolution Supporting the Establish- ment of a County Government Study Commission Under M.S. 375A - Optional Forms of County Government Act to Review Scott County Government, and moved its adoption. Motion carried unanimously. Discussion took place regarding the addition of a third floor to the Scott County Courthouse as an alternative solution to the need for additional space for the County. Consensus was to take no position. Leroux/Lebens offered Resolution No. 2099, A Resolution Amending the City's Policy for City Vehicles, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion was held regarding prioritizing the League of Minnesota Cities' proposed Legislative policies. Leroux/Vierling moved to give high priority to Legislative policies concerning Good Samaritan Liability, Government Structure Mandates, and the elimination of the proposed Local Government Aid Formula. Motion carried unanimously. Leroux/Lebens offered Resolution No. 2102, A Resolution Authorizing and Instructing the Proper City Officials to File an Amended Application to Register Title, and moved its adoption. Motion carried unanimously. The City Admr. discussed a few informational items. The City Clerk stated the Shakopee Amateur Hockey Assoc. is in violation of its agreement with the City because it has not provided a copy of its insurance cover- age. She stated the binder the City had is expired. The City Attorney stated they have 30 days to correct a default. The City Clerk stated she was informed by the Capesius Insurance Agency that the City does have insurance coverage against all City property. The insurance required of the Hockey Assoc. was in addition to that. The City Attorney advised staff to get a written statement to that effect from the insurance agency. Vierling/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:48 P.M. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary January 21 , 1983 1983 Senior Class Party Committee1 4Z1 ? 1333 CITY EE Shakopee City Council Shakopee, Minnesota � �� Dear Council Members , We , the 1983 Senior Graduation Party Committee , are asking for your support and cooperation in our endeavor to provide a fun filled evening for our 1983 graduates . The last four years have been very successful mainly due to community support . Our goals are to mak # 5 just as successful as the previous four. We have contacted Police Chief Brownell to ask his per- mission to use the police building. He assured us we have his blessing and support . We would again like to ask for your permission to use the police building for preparation of our decorations . I am enclosing a list of committee members for this year ' s party. Thank you for your support in previous years . We are looking forward to another GREAT party. Sincerely, eVia4.41,tezhci Bob & Char Schneider Senior Chaircouple Enc . CC' • 1983 SENIOR CLASS PARTY COMMITTEE SENIOR CHAIRCOUPLE JUNIOR CHAIRCOUPLE •Bob & Char Schneider 1127 S . Madison 445-1287 FOOD PRIZES Judy Sievers Dorothy Barrett 1271 E. 27th St . 1214 Harrison 445-4265 445-5068 Joan Salter Donna Hallgren • 420 W. 130th St . 939 S . Main 445-6324 445-2531 DECORATIONS ENTERTAINMENT & GAMES Anna Mae Walsh Pat McMains 778 Jefferson 751 W. Shakopee Ave . 445-2208 445-3376 Mary Sue Rein Homer & Gen Guimond 1007 Pierce 1183 Madison 445-2858 445-4763 Paul & Carol Osman 970 Miller 445-3937 PUBLICITY SECUITY Art & Eva Cryer Dick & Carol Nordstrom 771 Jefferson 1057 Jackson 445-2224 445-3096 FINANCE RESERVATIONS Gary Turen Dennis & Barb Trim 12540 Johnson Memorial Dr. 1086 Van Buren 445-5270 445-6490 CLEAN-UP COMMUNICATIONS Hilda & Henry Loesch Audrey Pistulka 13650 Townline Ave . 700 Jackson Park 445-6051 445-2465 Karen Martin 127-- N. Shannon Dr. 445-3914 SCOTT COUNTY ?,to HUMAN SERVICES 699 COUNTY ROAD 83 SHAKOPEE, MN. 55379 (612) 445-7750 '$ d .. `^§� t,:ismna 9 kl -it 7g PEG SUBBY-Assistant County Administrator Human Services JAN22 ? 1983 CITY OF SHAKOPEE January 26, 1983 John Anderson City of Shakopee Dear Mr. Anderson, Jean Sinell forwarded to me the material you received from the League of Minnesota Cities regarding the Job Training Partner- ship Act (JTPA) . I would like to take this opportunity to make a few comments about the legislation. JTPA, as you know, is replacing the CETA program. In essence, JTPA will offer similar services to those currently being offered by CETA. Basic vocational training and job search assistance will still be given to disadvantaged, unemployed individuals. However, there will be some significant changes in administrative and funding procedures. One of the major differences is that the Governor has oversight responsibility for all JTPA activities in the State. He has the authority to divide the State into Service Delivery Areas (SDA's) for the purpose of program operation. The Scott County Commissioners have gone on record favoring the retention of the North Star Consortium as a SDA for Scott County. The North Star Consortium is a group of counties combined under one administrative body which allows member counties to operate the CETA programs as they see fit. If the Governor agrees to retain the North Star Consortium as an SDA, employment and training services will continue to be offered thru the Human Services Department. This allows the County to have control over the program so it can respond to local needs and use local resources. If he does not agree, the chances are very good that the program would be administered by another office, probably outside the County. An Equal Opportunity Employer Once the North Star Consortium is approved as an SDA the City may be asked to participate in some planning or organizational activities. If you would like to have input into the SDA designation process, I encourage you to write by February 4 to the Governor's Job Training Council, %Mary Zierdt, Governor's Job Training Office, 690 American Center Building, 150 E. Kellogg Boulevard, St. Paul, MN 55101. Please feel free to call me with any questions or concerns you may have regarding JTPA. Cor• '.ally, r Michae /o/IP l . inser Human s' .rce Coordinator MLL:lb 1-26-83 Action Recommended Direct staff to write to the Governor' s Job Training Council advising them that the City of Shakopee favors the retention of the North Star Consortium as a Service Delivery Area for implementing the Job Training Partnership Act within Scott County and that the City of Shakopee would be willing to participate in planning or organizational activities . juA„, Pei/ix 1111 11111, 11111111n league of minnesota cities January 4, 1983 TO: Mayors, Managers and Clerks FROM: Don Slater, Cathy Quiggle RE: Job Training Partnership Act Attached is an explanationof the new Job Training Partnership Act. The Act replaces the Comprehensive Employment and Training Act (CETA) and is designed to provide training opportunities for economically disadvantaged youths and adults, and for displaced workers. The Act contemplates that local elected officials will cooperate with local businesses in the development of an effective employment delivery system and training program. While funds for training will not be available until October 1983, interested city officials should use this interim period to meet with local business people, chambers of commerce, and other local officials. The purpose of these meetings will be to have a delivery system and training program in place by October 1983 so as to be eligible for funding. The enclosed information from the National League of Cities explains the requirements of the program in more detail. If you have any questions, please contact Cathy Quiggle at the League office, 612-227-5600. DS:CQ:rmm 1 83 university avenue east, st. paul, minnesota 55101 (61 2) 227-5600 \/�,����r^����,�.,��/ National 1301 Pei�sy vanja Avenue NW Officers:' 4461.91 ) A U U C L League ;i• r �.7•�2 errs L..r - 1 ue Washin off,4. 1 Ford Xn p} 2 Mayor.Scc:•ar.d Nec'.Uorth Carolina ^�- Cities (202)626-3000 First V•ca Pees-dent Cable:NLCMES Chanes Rear Mayo..Sea-:e.Wash•cgton Second tr-ce P•esicert Geo'ge L a:--er Mayor.S;-Pa_!,l.fioc cta Immediate Past Presteeat\ _ Witham H h,Cnui,lit Mayor,Ind•ir`apolrS.Indiana • • Executive D•rector Alan Beals • To: (1) Mayors and Managers of Direct Member Cities (2) Executive Directors of State Municipal Leagues (3). Steering .Committee Members From: George Gross, Director, Federal Relations Subject: NLC•Legislative Letter: 15 October 82 In this issue: The Job Training Partnership Act On. October 13, 1982, President Reagan signed into law the Job Training Partnership Act, which replaces the Comprehensive Employ- ment and Training Act (CETA) . The new law is designed to provide training opportunities for economically disadvantaged youth. and adults, and for displaced workers. Following• is a description of the Act. BASIC STRUCTURE OF THE ACT • Title I contains administrative provisions, sets up a new delivery system, outlines the contents of the training plan, and defines . the terminology relevant to employment training programs . Title II (A) authorizes training programs for economically dis- advantaged youth and adults, establishes an inter- and intra-state allocation formula, and defines the appropriate use of funds; Title II (B) authorizes a summer youth employment program. State operated programs for dislocated workers are authorized in Title III. National programs, operated by the Secretary of Labor for seasonal and migrant farmworkers, Indians, elderly workers, veterans, and the Job Corps, are included in Title IV. Title V contains miscellaneous amendments to the Wagner-Peyser Act (establishing the State Employment Service) and to Title IV of the Social Security Act (the WIN program) . Past Presidents:Tom Bradley.Mayor.Los Angeles.Cali'crr-.a•Henry W.Maier,Mayor,Mitwaukae.Wisconsin•Tom Moody,Mayor,Columbus Or o•Jessie M.Rattley,Councilwoman.Neon New;,Virginia•John P.Rousakls,Mayor.Sava'nan.Geo•-a•Directors:Richard Arrington,Jr.,Mayor.B ern ngham.Alabama•Carol Bellamy.C.:,r;'°res':a^t.Ne.v York.Ne•s York•Arne Royum,Executive Director,North Dakota League_l C ries•Richard S.Caliguiri,Mayor,Pittsburgh.Pennsylvania•Malcolm Clark.Count!Mer^te•P:^A'?`_• 'eras•Joanne Collins,Counct Member.Kansas City.Missouri•Thomas H.Cooke.Jr.,V a.c•EarC•a�,e New Jersey•David Cunningham,Council Member,Los Angeles. : Ca, a•W.Elmer George,Executive Director. Georgia Municipal Association•Karen M.Graves.Com•^'ss crer.':-a a,ass•Anne Gresham,Council Member.Grand Prairie.Teras•Paul E.Haney.Courc,i Member.Rxhester.New Yc'k• Jonathan B.Howes,Mayor Pro Tern.Chanel H' Nrvtti CCa•c.'a•George M Israel.III,Mayor.Macon.Georgia•Myra Jones,Vice Mayor.L!.t'e P ,•'ar:a;•Christopher G.Lockwood, Executive Director,Mame?.aunicipal Associate^•Bob Martinez,`.'_,-• = .,; �'onaa•Robart H.Miller,Executive Director,South Dakota b'� esr e•Jack Nelson,Mayor,Reave^on, 0•egon•Maar Neuhauser,Council Mem ser.Iowa Cry.':a a•C David Nuessen,Mayor.Ouircy tacos•Harnan Padilla,Mayor.San Juan,P e ;c•Donald R.Peoples.Chief Exec',;ye. Pct'e.Montana•Martin L.Peterson,Executive C'ector s cats a•Michael J.Guinn;Ex[curweDirector.irn„naAssociation of -'!c.uc•Vernon H.Ricks,Jr.,Mavc.Pro ^,akoma Park,Maryland•Arthur E.Trujillo.Mavc Sa^•a° as Mexico•George V.Voinovich,Mayor,Cteveland.Ohio•Daniel K.Whitehurst.'/a;cr.Fresno,California•Don A. Zimmerman.Executive Director,Arkansas Mun•c'pai Leaci.e -2- DELIVERY SYSTEM Service Delivery Areas (SDAs) - In FY 1983 the new program will be put in place. Prime sponsors will be phased-out and replaced with Service Delivery Areas . Units of local government of 200 , 000 or more population or consortia of contiguous units of local govern- ments whose aggregate population totals 200 , 000 must request designation by the Governor as SDA' s . The Governor may not deny such a request. Units of government which do not meet these population criteria, but which serve a substantial portion of a functioning labor market, may also request designation as SDA' s. The Governor, however, may approve or deny such a request. Private Industry Councils (PICs) - Each SDA must have a Private Industry Council. The majority of the PIC must be representatives from the private sector, including, where feasible, representa- tives of small and minority business. The remaining PIC members must include representatives from educational agencies (including proprietary schools) , rehabilitation agencies, organized labor, community-based organizations, economic development agencies, and the Employment Service. Initially, the chief elected official--or in the case of a con- sortium, by agreement among the chief elected officials--will determine the size of , and appoint members to, the PIC. In any SDA where there is only one unit of local government with experience in administering job training programs , the chief elected official of that unit shall appoint members to the PIC. The mayor will appoint members to the PIC from a list of nomina- tions submitted by a local general business organization. The number of nominations must exceed the number of slots available by 50 percent. Non-private sector nominees must be submitted by the appropriate groups to be represented. The PIC selects a chairman from among the private sector members. PIC members are to serve for fixed and staggered terms , with vacancies to be filled in the same manner as the original appoint- ments . A PIC may not he disbanded, nor may PIC members be removed, except for cause. Once a PIC is established, it must be certified by the Governor as meeting the criteria set forth in the law. Functions of the PIC - Once a PIC is certified, it will receive a one-time only planning grant of up to $80 , 000 to begin work. In partnership with the chief elected official, the PIC will determine who develops the plan and who will be the recipient of funds and administrator of the program in the SDA. The PIC, the local government or local governmental agency, or any other entity agreed upon by the PIC and the Mayor, may develop the plan and operate the program. After the plan is approved by the PIC and the chief elected official, it must be jointly submitted to the Governor for review, comment, and approval. -3- If the PIC and the chief elected official are unable to reach the Governor must mediate the differences. If no agree- ment the results from this mediation, the Governor must merge affected SDA into one or more other SDA' s . TRANSITION Fiscal year 1983 (which began October 1, 1982) is .to be considered a year of transition. During this period, employment training programs for the disadvantaged will be. operated under existing CETA law and regulations. At the same time, federal , state, and local governments will be expected to gear up for implementation of the new law. The law requires the Secretary of Labor to publish, in final form, rules concerning the establishment of SDA' s by January 1, 1983 . Rules and regulations necessary for appointment and certification of the PIC must be published by January 15 . By March 15, regulations governing all aspects of programs for the disadvantaged ed must be published in final form. with agreements PICsare expected to be in place, between PICs and chief elected officials arrived at to meet the publishing and submission requirements for plan approval, so that operations may begin on October 1, 1983 under the new law. JOB. TRAINING PLAN The new law requires development of a two-year job training plan. Do To address the continual delay in annual appropriations for Congress established a program year that will begin July 1 follow- ingthe beginning of the fiscal year. While the new program will be in operation beginning October 1, 1983 , the full two-year plan will go into effect the following July 1, 1984 . This oplan, lh modifications as necessary, will be in effect through June 30 , 1986. To accommodate the requirements of the new law, it is expected -that Congress will adopt a supplemental appropriation for the first nine months of FY 1983 . Congress should also approve a regular appropriation by October 1, 1983 , .to be allocated within 45 days of enactment and to be available for expenditure beginning July 1, 1984 , thus, in effect, insuring forward funding. The training plan must include (1) identification of the program. administrator; (2) a description of the services to be provided; � ��, '^tiC lOant.�'� and for (3; procedures for selecting and identifying participants pro- cedures determination; (4) performance standards; for A Providers; (6) a budget for the two selecting service pi_o , iders; Axing with the program years ; (7). a description of methods of complying coordina- tion coordination and special services plan; (y) g provisions where there is more than one SDA ina labor market area; (9) fiscal control, accounting , audit, • -4- collection procedures; and (10) procedures for preparation of an annual report to the Governor. Modifications of the plan may be submitted as necessary. Review and Approval of the Plan - The proposed plan, or a summary, must be published and made available to the State legislature, local education and other public agencies, and labor organizations. The final plan, or a summary, must be submitted to the Governor for approval. . The 'Governor may disapprove a plan only if it fails to comply with any of the following criteria: (1) failure -to take corrective action for deficiencies found in audits or in meeting performance standards; (2) the administrator of the program does not have the capacity to administer the funds; (3) there are inadequate safeguards for the protection of funds; (4) the plan does not comply with the Act or with regulations; or (5) the plan does not comply with the Governor ' s coordination and special • • services plan. A Governor' s 'disapproval may be appealed to the Secretary of Labor. • Performance Standards - The Secretary of Labor will develop performance criteria for evaluating training programs. For adults, the basic measure of success will be an increase -in employment and earnings and a reduction in dependency. Separate criteria will be developed for youth programs and will be based on competencies acquired and on. placement and retention in employ- ment, The Governor will have the authority to modify federal standards within limits, based on unique local conditions. Failure to meet performance standards for two years, after receiving technical assistance, will result in a reorganization or replacement of the SDA. • ELIGIBILITY CRITERIA FOR PARTICIPANTS For Title II (A) - Participants in year-round adult and youth training programs must be economically disadvantaged. To qualify as economically disadvataged an individual must: (1) receive, or . be a member of a family which receives, cash assistance under a federal, state, or local welfare program; or (2) have or be from a family whose income for the previous six months was at or below the poverty level or 70 percent of the BLS lower living standard; or (3) be recievinc food stamps ; or (4) be a foster child on behalf of whom state or local payments are made; or (5) be a handicapped adult whose own income meets the above criteria, but who comes from a family whose income does not; and (6) aged 16 or over. Up to 10 percent of the participants in training programs for the disadvantaged in an SDA do not have to meet the income criteria if they face other barriers to employment, such as limited English- speaking ability, displaced homemaker, school dropout, teenage parent, handicapped, etc . -5- For .��i mle II (B) - Participants in summer oath emnlo meat programs :�sust be economically disadvantaged (as above) and aged 14 through 21. For Title III - Participants in displaced worker _rograms must be individuals who have been (1) terminated or laid-off or have receiVed notice of termination or lay-off from employment, are eligible for or have exhausted their entitlement to Unemployment Compensation, and are unlikely to return to their previous industry or occupation; (2) terminated or on notice of termination because of permanent closure of a plant or facility; or (3) are long-term (15 weeks or more) unemployed and have limited opportunity for employment or re-employment in the same or similar occupations. x'UNDING/ALLOCATION FORMULA The. only program for which Congress authorized a specific dollar amount for FY 1983 was the Job Corps ($618 million) . All other program funds will he determined through the appropriations process in accordance with the Congress ' s First Budget Resolution. The budget resolution permits an appropriation level between $3 . 2 and $3 . 7 billion for FY 1983 . The Job Training Partnership Act allocates 78 percent of the total appropriation for state and local programs for the economically disadvantaged--between $2. 4 and $2. 8 billion. Funding for the summer program and the displaced worker program is yet to be determined. The allocation formula for distribution among and within the states is the same : one-third of the funds are to be allocated on the basis of the relative number of unemployed individuals residing in areas of substantial unemployment (areas with over 6 . 5 percent unemployment). ; one-third on the basis of the relative excess number of unemployed .("excess number" defined as over 4 . 5 percent unemployment) ; and one-third based on the relative number of economically disadvantaged individuals. No state shall receive less than 90 percent of its prior year funding. The 90 percent "hold harmless" provision does not apply to SDA' s. For displaced worker programs, the Secretary shall reserve up to 25 percent of the total appropriation for distribution to States affected by mass layoffs, natural disasters, federal government actions (such as closing or relocating a federal facility) , or for areas of high unemployment or designated enterprise zones. The remainder of the funds shall be divided among the states as follows : one-third on the basis of the relative number of individuals unemployed for 15 weeks or more; one-third on the basis of the relative number of unemployed individuals; one-third based on the relative excess number of unemployed. -6- LIMITATION ON CERTAIN COSTS Seventy percent of the funds made available to SDA' s must be spent on training activities, such as job search assistance, counseling, remedial education and basic skills training, institutional skill training, on-the-job-training (OJT) , training programs operated by the private sector, etc. The remaining 30 percent is available for support service (15 percent) , such as day care and transporta- tion, and the costs of program administration (15 percent) . One-half of the costs of work experience programs (public sector OJT) and "try-out" employment for youth will be funded from the 70 percent funds for the first six months of participation in such programs. SDA' s which have (a) an unemployment rate three percent above the national average (10 . 1 percent) , (b) child care costs which. exceed half of the 15 percent allowable for support services, (c), transportation costs which exceed one-third of the 15 percent allowable for support services, or (d) a client population which requires more than nine months of training, will be eligible for a waiver of the 70/30 requirement. Allowances, wages, and stipends are permissible expenditures from the 30 percent funds, unless a waiver is in effect. Under a waiver, these costs may be paid from the 70 percent funds. STATE ROLE State Job Training Coordinating Council - The Governor shall appoint the State Job Training Coordinating Counci:. One-third of the membership of the State Council shall be comprised of representatives from the private sector, including individuals serving on local SDA PIC ' s . Not less than 20 percent of the members of the Council shall be representatives of the state legislature and state agencies; not less than 20 percent shall be representatives of units or consortia or units of general local government to be nominated by the chief elected officials of the unit or consortia of units of local government; and not less than 20 percent shall represent the eligible population and the general public, organized labor, community based organizations and representatives of local education agencies . Among its activities, the State Council shall recommend a Governor ' s coordination and special services plan; recommend substate service delivery areas for those areas which are ineligible for automatic designation or for those areas which are eligible but do not request such designation; plan resource allocations; provide management guidance and review for all programs in the State; and recommend variations in performance standards. Governor ' s Coordination and Special Services Plan -• The Governor shall prepare an annual statement of goals and objectives for job training and placement programs within the state to assist in the preparation of the plan for the SDA and the locally-developed plans for the Employment Service. This plan must also cover two program years and must be approved by the Secretary of Labor. -7- ' Incentive Grants - Six percent of each State's allocation must be reserved to provide incentive grants to programs in SDA' s exceed-_ ing their performance standards. Should the Governor be unable to spend the funds, they shall be earmarked for technical assistance to improve the ability of SDA' s to meet performance goals. Dislocated Worker Programs - Funds available to the State for this program may be used to pay 50 percent of the cost of training, retraining, job-search assistance, and other related programs designed to assist dislocated workers secure employment. The • remaining 50 percent of costs must be non-federal matching funds. States with unemployment above the national average shall have the matching requirement reduced 10 percent for each one percent that State-wide unemployment exceeds the national average. Unemploy- ment compensation benefits paid to an individual participant may be counted as non-federal matching funds. State Education Coordination Grants - The Governor shall provide funds to any State educational agency to provide services for economically-disadvantaged individuals participating in training programs. Such funds shall also be made available to facilitate coordination of education and training services through cooperative agreements between State education agencies and SDA program administrators. • As a result of budget constraints, this is the last of NLC' s legislative letters in this form. Beginning in November, the same type of legislative information, in briefer form, will be contained in NLC' s Nation' s Cities Weekly. cQ___. thli J;' 28l;' i " 3 - CITY OF 8.s.AKZ EE January 27 , 1983 Mr. John Anderson, City Administrator 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: As chairman of the Ad-Hoc Downtown Committee, I would like to request the City Council to consider expanding the number of voting members from nine to possibly 20. I am requesting that the Committee have the possibilities of expansion because as we move into different phases of redevelopment, I believe one of the strengths will lie in the individuals that are committed to the project and also the individuals that understand the redevelopment process. I believe that by expanding the number of members on the Committee, it will allow us to directly involve a greater number of people who will be directly affected by the downtown development project and also it will give more people in that affected area direct participation in the redevelopment project. Thank you very much. Sincerely yours , _______0....._ Mr -• AP Daniel C. Steil Chairman, Ad-Hoc Downtown Committee DCS/mr i/+� / �4„�we ti Law Offices of ""— KRASS, MEYER, KANN1NG, & WALSTEN Chartered Phillip R. Kress Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 Trevor R. Walston (612)445.5080 January 17 , 1983 Mr. John Anderson Shakopee City Administrator 129 East First Avenue Shakopee, MN 55379 Re: Legal Work for City of Shakopee Dear John: 1 apologize for not communicating to you previously, but I thought I better confirm with you the question of legal fees for any services you wish to have our firm perform for the City in 1983. In view of what has been occurring this year with respect to municipal finances, we made a decision to keep our legal fees in 1983 identical to those charged in 1982, which, as you will recall, is $50.00 an hour. For any work done directly by paralegals or law clerks, those two respective raters are $40.00 an hour and $'30.00 an hour. For work done through the City but for developers and applicants which is passed through as a cost to those developers or applicants, we will charge our usual and customary fees which range from $72.00 an hour to $88.00 an hour depending upon which attorney does the work. We will continue, of course, to itemize any out-of-pocket expenses and costs we incur on your behalf and our mileage charge for travel outside of Scott County on your behalf is 20c a mile. Please call if you have any questions or wish to discuss these fees any further. In line with the policy we have always maintained, all five of the cities we represent, as well as the Scott County HRA and the Shakopee Public Utilities Commission which we also consider municipal clients, are all being charged fees at an identical hourly rate. Thank you. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED � Phillip R Krass PRK:ph NOTE TO : Mayor & Connell FROM : John K. Anderson It would be appl'opi'i aLe For Council to accept the above rates. ACTION REQUESTED : Move Lo ;weep I. the 1‘).i:t I r'},rr l tee:; of' Kr;r:,o, Meyer‘, W;rl .;t.eri , A:;.' ' I. . City ALI.t,r•lii'y , rr: ohI. linid io Lill. memo Lo John Artderr;or) (J:iLed .krnu._iry I '/ , I 'Jti.t . ; CO MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Resignation from Transportation Committee DATE: January 17 , 1983 Introduction The attached letter of resignation from the Shakopee Energy and Transportation Committee was received from Loren Wolfe. The City Council needs to accept this resignation and determine if a replacement should be appointed. Background Resolution No. 1982 establishing the Energy and Transportation Committee provides for seven to ten members to be appointed. The City Council originally appointed eight members . Because there was a quorum problem and some members had never attended, the Committee opened a dialogue to encourage those members to attend or resign. Mr. Wolfe has chosen to resign because he is not involved with the transportation issue . The Council can chose to replace Mr. Wolfe or not as the Committee has the minimum seven members even after his resignation. The quorum for a seven member committee is four ( instead of the pre- vious five) which leads me to recommend keeping the Committee at seven for the time-being. Also the Committee is in the middle of the transit issue and may later move to other issues , for which the Committee would seek different expertise. I will also poll the Committee for their feelings on a new appointment . Recommended Action 1 . Accept the resignation of Loren Wolfe from the Shakopee Energy and Transportation Committee , effective immediately. 2 . Move not to appoint a replacement to the Energy and Trans- portation Committee at this time . JA/jms NOTE: At its January 27 , 1983 , meeting the Energy and Transporta- tion Committee concurred with the staff recommendation not to appoint a replacement at this time. to City of Shakopee 129 E 1st Av. Shakopee, Mn 55379 Attention: Jeanne Andre Reason: Energy and Transportation Committee Dear Miss Andre, Thank you for taking the time to keep me informed on the progress of the Transportation Committee. I must apologize to you and the other members for my attendance. I can appreciate how frustrating it must be for you all , particularily when facing a lack of quorum. After careful consideration, I have decided to resign from the committee. I believe the community would be best served by someone who shared a closer relationship with the MTC problem. As you know, my ex- pertise is in energy conservation. My original concern was to learn more of the Federal Grant Program, where businesses may receive up to 50% matching funds for retro- fitting their buildings with energy conservation im- provements. Should the committee head in the energy field in the future, I will hope that my resignation will be reconsidered. S ncerely d744i, J Loren D. Wolfe ibL MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: MTC Trial Route Past Shakopee Elderly Highrise DATE: January 28 , 1983 Introduction Last year, in response to a citizen request , the Shakopee City Council asked the MTC to adopt a route revision past the elderly highrise on a trial basis . Scott Thompson of the MTC has now written to ask if the Council wishes to discontinue this route revision or adopt it permanently. Background Mr. Thompson called me and indicated there has been little response to the route change ( few riders entering or exiting buses at the highrise stop) . At my request he had MTC drivers take a survey for a two week period in January, and they reported no passengers boarding at the highrise stop. The issue was presented to the Energy and Transportation Committee . Many members of the Committee ride MTC buses . They commented that there is one women who uses the highrise bus stop once or twice each month, but the MTC ridership from the highrise has not increased, probably because elderly residents aren' t interested in spending ten or more hours downtown Minneapolis each trip. Most commuters resent this route change as it increases the route by about five minutes , with almost no increase in ridership. The Committee recommended to City Council to discontinue the trial alternate bus route past the highrise on Levee Drive , with the possibility of a route change again once Levee Drive goes through to Scott Street . Requested Action Request the MTC to discontinue the alternate route past the highrise on Levee Drive or adopt it permanently. JA/jms Metropolitan Transit Commission 801 American Center Building St. Paul, Minnesota 55101 612/221-0939 1 $ - �' eK seGn January 25, 1983 2 6 1983 wi i`L 1 li CITY OF SHAKOPEE Ms. Jean Andre Administrative Assistant for Administration City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Ms. Andre: Pursuant to our conversation of early January, I have requested MTC drivers to chart the daily ridership on the Route #53S from the Shakopee Senior Citizen Highrise area loop. Results for a two week period from January 10 to January 24, 1983, have indicated no passengers boarding along the senior citizen highrise portion of route. I hope you find this information of value when considering the continuation of this route extension. Should you have further comments or questions concerning this item, please feel free to contact me at 221-0939, extension 212. Sincerely, Scott Thompson Transit Planner Service Planning & Scheduling ST/kl/797 / vC MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Transportation Survey DATE: January 28 , 1983 Introduction The Energy and Transportation Committee seeks City Council approval to undertake a telephone survey of community transportion needs , in order to effectively consider the legislative provision to opt out of MTC service . Background The proposed survey instrument is attached for Council information. It is designed to be short and direct and take only about five minutes per respondent . A random list of about 500 Shakopee residents has been taken from the telephone book to be surveyed. It is estimated the list will require approximately 50 hours of volunteer/staff time to complete . The Committee has agreed to volunteer for this effort and solicit other volunteers among their family, friends and current MTC bus riders . A CETA worker is now working for the City (with no direct City cost) . She will be able to help with the survey. In addition I will be helping with the survey and possibly some other City staff if they have time available . The survey is to be administered the week of February 7-11 , with carry over to the next week if necessary. The Council should comment on the format and procedures proposed for the survey and whether they approve the process . I think it would also be appropriate to authorize provision of light refreshments such as coffee, pop and donuts in appreciation of the volunteer efforts . Requested Action Authorize the Energy and Transportation Committee to conduct the Transportation Survey as approved by the Committee at its January 27 , 1983 , meeting, and authorize the provision of refreshments for volunteers . JA/jms C SHAKOPEE 'TRANSPORTATION SURVEY /0 Committee Adopted, January 27, 1983 Interviewer Initials Date IF YOU REACH A BUSINESS: "I'm sorry, I have the wrong number." WHEN YOU REACH A RESIDENCE; ASK TO SPEAK TO AN ADULT IF YOU REACH A CHILD UNDER 16 OR SO. "Hello, my name is and I represent the City of Shakopee. We are doing a survey in Shakopee on transportation needs. Would you be willing to take about 5 to 10 minutes to answer some questions about how your family travels?" IF THE RESPONDENT AGREES TO BE SURVEYED: "I would like to inform you that no individual survey will be identifiable, however all surveys and the results will be public information." IF RESPONDENT REFUSES: "All right, thank you." MARK YOUR CONTROL SHEET "REFUSED" j 1. First, please tell me is your household located in the Shakopee municipal boundaries? YES NO 1 2 IF NO, In which community or township do you reside? CITY WHERE LIVE 2. What is the street intersection nearest your home? (RECORD NEAREST INTERSECTION WRITE COMPLETE STREET NAMES AND USE ST., PL, AVE., DR., N., S., ETC.) NEAREST INTERSECTION 3. Do you work outside of the home? YES NO 1 2 IF YES TO QUESTION 3, COMPLETE QUESTIONS 4 THRU 13. IF NO, SKIP TO QUESTION 14. rD v 4. Do you usually take the bus to work? YES NO 1 2 5. IF NO TO 4, Since you do not usually ride the bus, why don't you? ' (DO NOT READ LIST. CIRCLE ALL RESPONSES THAT APPLY.) Have car available, no need to 1 Prefer to drive 2 Prefer to carpool 3 There is no bus service from my house to my work 4 Don't have information on bus service 5 Bus stop not located near to house or work 6 Work hours vary, daily or weekly 7 Work hours different than current bus schedule 8 Other reasons 9 (specify) 6. IF NO TO 4, How do you usually get to work? (CIRCLE ONE ANSWER ONLY.) Drive alone 1 Dropped off 2 Walk 3 Taxi 4 Bicycle or motorcycle 5 Carpool 6 Other 7 (specify) IF CARPOOL SELECTED, ANSWER 7 7. In your carpool, do you: (CIRCLE ONE ANSWER ONLY.) Always drive 1 Always ride 2 Share driving 3 8. In what community do you work? (CIRCLE ONE ANSWER ONLY.) Shakopee 1 Downtown Minneapolis 2 Downtown St. Paul 3 Savage 4 Burnsville 5 Eden Prairie 6 Bloomington 7 Chaska 8 Jordan 9 Other City of Town 10 (specify) 9 . What is the nearest intersection to Ib � your workplace? (RECORD NEAREST INTERSECTION. WRITE COMPLETE STREET NAMES AND USE ST., PL., AVE., DR., WAY, N., S., ETC.) NEAREST INTERSECTION 10 . What are your usual work hours? WORK HOURS to 11. If a vanpool were to form which could serve you with round-trip door-to-door service from home to work, would it be a desirable transit option for you. YES NO 1 2 IF YES TO 11, ASK 12 and 13. IF NO, SKIP TO 14. # 12 . How often do you think you would use the vanpool service? Daily 1 2-3 time; per week 2 Weekly 3 Monthly 4 Infrequently 5 Other 6 (specify) 13. I will list some possible weekly costs for the vanpool service. Please tell me if you think the indicated cost is reasonable for such a vanpool service? (ASK HIGHEST FIGURE FIRST, STOP ASKING AFTER FIRST YES RESPONSE. IF NO RESPONSE TO ALL FIGURES, ASK "Then what would you consider a rea- sonable charge?" $20 per week YES NO 1 2 $15 per week YES NO 1 2 $10 per week YES NO 1 2 Other (specify) 16 Ci *14. A dial-a-ride service is under considera- tion in Shakopee. Riders could call for reservations 2 to 24 hours in advance of the planned trip and would be transported door to door from their homes to other destinations in Shakopee. Do you think any members of your household, adults or children, would make use of this service? YES NO 1 2 IF YES, PROCEED TO 15, 16, 17 AND 18. IF NO, SKIP TO 19. * 15. I will list some possible destinations for dial-a-ride trips. Please tell me if household members were to use the dial-a-ride service, which of the following activities would they be likely to undertake with this service? (READ LIST. CIRCLE EACH NUMBER SELECTED.) Work 1 Shopping 2 Medical 3 Church 4 School or School Activities 5 Dining 6 Visits to Friends 7 Recreation/Entertainment 8 Other 9 (specify) 16. I will list some possible fares for the dial-a-ride service. Please tell me, if you were to use this dial-a- ride service, would you consider the following a reasonable one-way fare? (ASK HIGHEST FIGURE FIRST, STOP ASKING AFTER FIRST YES RESPONSE, IF NO RESPONSE TO ALL FIGURES, ASK "Then what would you consider a reasonable charge?" $1.00 YES NO 1 2 75¢ YES NO 1 2 50¢ YES NO 1 2 Other (specify) pbG' 17. What hours would you be most likely to use the dial-a-ride service. (READ, NOTE RESPONSE IN APPROPRIATE TIME PERIOD OR PERIODS. ) Before 8:00 A.M. 1 8:00 A.M. to Noon 2 Noon to 3:00 P.M. 3 3:00 p.m. to 6:00 P.M. 4 After 6:00 P.M. 5 18. How often would you expect members of your household to use this service? (DO NOT READ LIST, NOTE RESPONSE.) Daily 1 2-3 times per week 2 Weekly 3 Monthly 4 Infrequently 5 Other 6 (specify) *19. How many non-work trips do members of your family take outside of Shakopee • each week? (DO NOT READ, NOTE RESPONSE.) One 1 Two 2 Three 3 Four to Five 4 Six to Ten 5 More than Ten 6 20. What are the most frequent destina- tions for your household's non-work trips outside Shakopee from the following list? (LIST OPTIONS, CIRCLE ONE OR MORE OF IDENTIFIED DESTINATIONS.) Minneapolis 1 St. Paul 2 Savage 3 Burnsville 4 Eden Prairie 5 Bloomington 6 Edina (Southdale) 7 Chaska 8 Jordan 9 Other 10 (specify) )0 21. Would any family members use dial-a- ride services to destinations outside of Shakopee if such services became available? YES NO 1 2 IF YES TO NO. 21 , ASK 22. 22. How often would you expect members of your household to use this service? (DO NOT READ LIST, NOTE RESPONSE.) Daily 1 2-3 times per week 2 1 Weekly 3 Monthly 4 Infrequently 5 Other 6 Now I would like to ask a few additional II questions about your household. 23. Including yourself, how many people regularly live in your household? NUMBER IN HOUSEHOLD 24. How many of them are between ten and sixteen years old? (INCLUSIVE) NUMBER 10 - 16 25. How many are 65 or older? NUMBER 65 26. What is your age please? AGE 27. What is your sex? CIRCLE ONE Male 1 Female 2 28. How many motor vehicles are owned or operated by your household? (INCLUDE CARS, VANS, TRUCKS, REC. VEHICLES.) NUMBER OF VEHICLES 1 b _ _ c- 0 0 29. I will list some income ranges, please tell me what best represents your local combined annual family income from the following categories? (READ LIST, CIRCLE ONE NUMBER.) IF RESPONDENT REFUSES OR HESITATES: "All right the question is not mandatory. Thank you." Under 5,000 1 5,000 - 15,000 2 15,000 - 25,000 3 25,000 - 35,000 4 35,000 - 45,000 5 Above 45,000 6 Refused 7 "Thank you fqr your cooperation". MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox , City Clerk RE: Dram Shop Insurance Coverage as Required by Chapter 528 , Laws of 1982 DATE: January 27 , 1983 Introduction Chapter 528 of Laws of 1982 requires every person or firm licensed to sell intoxicating liquor or 3 . 2 beer at either on-sale or off- sale , must "demonstrate proof of financial responsibility" under the Dram Shop Law after March 1 , 1983 as a condition of the issuance or renewal of his license . An exception to the requirement is granted to licensed sellers of wine or 3 . 2 beer with sales of less than $10 ,000 .00 for either beverage . Background See memo from Mr. Coller, City Attorney , attached. Alternatives a ) Require Dram Shop insurance for all licensees regardless of dollar volume . Pros Cons 1 . Establishment will have 1 . I understand this kind of liability coverage . Having liability coverage is costly. a dollar volume under $10 ,000 does not free one from liability. 2 . Both the licensee and public will be protected , financially. 2 . Because of costs , some licensees maybe forced to 3 . Monitoring sales will not be give up renewing their necessary by the licensee or license( s ) . the City . b) Do not require Dram Shop insurance for all licensees with sales of less than $10,000.00. Pros Cons 1 . Licensees with sales under 1 . Licensees will not have $10 ,000 may save money if they liability coverage, while chose not to have coverage. they could still be held liable . 2 . Licensees who cannot aford insurance costs will be able 2. Public would not be protected to continue to hold a license( s ) . as well as licensee , if their should be a law suit . Dram Shop Insurance Coverage as Required by Chapter 528 , Laws of 1982 Page Two January 27 , 1983 3 . Sales will have to be moni- tored to insure they are under $10,000 and it may be impossible for City officials to do so. 4 . What if a licensee thinks he is under. $10 ,000 and it turns out he is not? He could be in the middle of a law suit and have no coverage. Both he and the City , as it turns out , would he in violation of the law. Recommendation I concur with the City Attorney , the most practical solution pro- bably is to require Dram Shop insurance for all licensees regard- less of dollar volume , eliminating City responsibility to check the books of the licensee and the licensees responsibility to report on dollar volume. Action Requested Direct staff to prepare the proper ordinance requiring Dram Shop insurance for all intoxicating liquor licensees and 3. 2 non- intoxicating licensees . JSC/jms ( X111.1.1•:it, i .nn IIJS A.CUL I[.ti .\'I I )I \I•.Y :\'1 1..\\\ 612-445-1244 ItI•_i`.1-i J•t C> 1 K'1 •. 1 1 11• A J I 11.,1 till.\1\(lr'1.1•., \lI\\1.!.<)1 \ • January 19, 1983 Mr. John Anderson City Administrator- Shakopee City Hall Shakopee, Minnesota 55379 Dear Mr. Anderson: In re: Dram Shop insurance ocverage as required by Chapter 528, Laws of 1982 Chapter 528 of Laws of 1982 requires every person or firm licensed to sell intoxicating liquor or 3.2 beerat either on-sale or off-sale, must "demonstrate proof of financialresponsibility" under the Dram Shop Law after March 1, 1983. An exception to the requirement is granted to licensed sellers of wine or 3.2 beer with sales of less than $10,000.00 for either beverage. Financial responsibility can he shown by filing one of the following: A. A certificate that there is in effect an insurance policy or pool providing coverage of at least 1. $50,000.00 because of bodily injury to any one person, $100,000.00 because of bodily injury to two or more persons and an amount of $10,000.00 because of injury or destruction of property of others in any one occurence. 2. $50,000.00 for loss of means of support of any one person in any one occurence and subject to the limit for one person? $100,000.00 for loss of means of support of two or more persons in any one occurence. B. A bond of a surety company with minimum coverages as provided in clause A. above. C. A certificate of the State Treasurer that the licensee has deposited with him $100,000.00 in cash or securities, which may legally be purchased by Savings Banks or for trust funds having a market value of $100,000.00. The proof of financial responsibility must be directed to the Commissioner of Public Safety. However, it is the City which issues the license and which presumably has the responsibility to revoke if no proof of financial responsi- bility is submitted to the City and the Commissioner by March 1, 1983. Operation of off-sale or on-sale business without having on file at all times with the municipality the liability insurance policy required by MSA 340.11 Snbd 21 is grounds for immediate revucut ion of the license. MSA 340. 12. - 2 - January19, 1983 To: John Anderson In re: Dram Shop Insurance coverage A problem is raised by the exemption of dispensaries of less than $10,000.00 worth of beer or wine. Practically speaking, for all but temporary licenses it may be impossible for the City officials to determine wiether or at what point a particular seller has taken in more than $10,000.00 from any parti- cular kind of sale. The most practical solution from the City's stand point may be to impose additional requirements under authority of MSA 340.11 Subd 17 and MSA 340.01, simply requiring Dram Shop insurance for all licensees regardless of dollar volume. This step would eliminate any City responsibility to check the books of the licensee and any responsibility of the licensees to report on dollar volume. If the City desires to impose the additional requirements above referred to, it should be done without any delays so that any change in the Ordinance would be effective before March 1 , 1983. Very truly yours, 1 Julius A. Coller, II City Attorney JAC/nh cc: Mr. Philip R. Krass CITY SHAKOS �Q> INCORPORATED 1070 ; {�; • 129 E. First Ave. - Shakopee, Minnesota 55379 1376 (612) 445-3650 ^��W'-i *' , MEMO `I'0: Shakopee 3. 2 Beer License Holders - FROM: Judith 'S . Cox , City Clerk RE: Dram Shop Insurance Requirement DATE: January 28 , 1 983 As you may or may not know a new state law, effective March 1 , 1983 , requires all off-sale and on-sale 3. 2 beer businesses to carry Dram Shop insurance , when renewing or obtaining a license . An exception to this requirement is granted to licensed sellers of wine or 3 . 2 beer with sales of less than $ 10 ,000.00 for either beverage . Because there is no practical way to monitor sales , it would be dif- ficult to determine whether or not they are over $10 ,000.00. Because of this difficulty , it has been suggested to the City to simply require Dram Shop coverage by all 3 . 2 beer licensees . On February 1st , the Shakopee City Council will he discussing whether or not to require all 3 . 2 beer licensees to carry Dram Shop insurance. You are welcome to attend this Council meeting or feel free to give me a call , if you have any suggestions or thoughts regarding this matter . JSC/jms • h Hearta / Progress Valley An Equal Opportunity Employer I/a) LIQUOR LIABILITY (DRAM SHOP) INSURANCE COVERAGE FOR 3. 2 BEER LICENSEES WITH SALES UNDER $10,000 (AS REQUIRED BY CHAPTER 528 , LAWS OF 1982 ) CONSIDERATIONS : 1 ) AMOUNT OF LIABILITY TO LICENSEE 2 ) AMOUNT OF LIABILITY TO CITY FOR NOT CLOSELY MONITORING AND REQUIRING INSURANCE IF SALES ARE OVER $10,000/YR 3) LIKELIHOOD OF GROSS SALES OVER $10,000 4) COST OF INSURANCE TO LICENSEES a] Small risk insurance currently on market $500.00/yr est . b] Small risk insurance which may become $227.00/yr est. + available in the near future for $100.00 membership receipts under $10,000/yr fee to Mid ($100,000 combined single limit ) West State Federation of Beverage Licensees POSSIBILITIES IF CITY CHOSES NOT TO REQUIRE LIQUOR LIABILITY (DRAM SHOP) INSURANCE OF 3 . 2 BEER LICENSEES WITH SALES UNDER $10,000 PER YEAR 1 ) REQUIRE AUDIT BY CERTIFIED PUBLIC ACCOUNTANT AS TO SALES 2) REQUIRE STATEMENT FROM AN ACCOUNTANT AS TO SALES 3) REQUIRE NOTARIZED STATEMENT FROM LICENSEE AS TO SALES (a draft to be prepared by City Attorney) 4) OTHER : public input from tonight ACTION REQUESTED: a] Direct staff to prepare the proper ordinance requiring dram shop insurance for all 3. 2 non-intoxicating licensees b] Move not to require dram shop insurance for 3. 2 beer licensees with sales under $10,000/yr and direct staff to monitor sales by: 1 ] requiring an audit prepared by a CPA 2] requiring a statement from an accountant 3] requiring a notiarized statement from the licensee 4] other: c ] Direct staff to obtain more information to aid Council in making a decision -- specify 1982/83 Beer LicenseL; 1 :sued On Off if Table Jim & Lucy' s Inc. X X 201 West First Avenue OK Jackson E. Chilquist X X 220 West Second Avenue OK Friendly Folks Club, Inc . X 122 East First Avenue OK Marlene Berg dba Shakopee Bowl X 222 East First Avenue Table . . • X Jct . 101 & CR 89 Table Dorothy Stocker X 537 So. Sommerville Table Raceway !'ark , Inc . Hort.lrarn li,u i ur, X Highway 101 Corp . ( K Richard E. Cleveland dba X Cleve ' s Red Owl. 828 East First Avenue OK JoAnne A. Pauluk X 409 East First Avenue OK Art Berens & Sons , Inc . X 123 West Second Avenue OK Juba ' s Super Valu X 1100 Minnesota Valley Mall Table Minnesota Valley Restoration X Project Inc . Highway 101 OK Superamerica Stations Inc. X 1155 East First Avenue OK Valleyfair, Inc . X One Valleyfair Drive OK Je She Inc . dba Mr . Jerry' s Pizza X X 823 East First Avenue Table Holiday Station Stores , Inc . X 444 East First Avenue OK Pizza Huts of the Northwest , Inc . X 257 Marschall Road Table Valley Racquetball and Handball X 600 County Road 83 OK Brooks Superettes Inc . X Jct . CR 16 & CR 17 Sub Machine Shop Inc . X Capone ' s Food Shops , lnc . X //4;4 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Animal Warden Contract Review DATE: January 28 , 1983 Introduction City Council had asked for data on the number of animals picked up by the animal warden, the resultant charge to the City and the amount of any reimbursement the City received when dogs are redeemed. Background The data collected for 1982 is attached and shows the City' s net cost for 11 months was $2 ,706 .00. Also attached is the current contract the City has with Bob McAllister and a 1980 staff memo from Doug Reeder that recommended the present contract form. I have checked with the Finance Department and Mr. McAllister' s fees have not increased since the February 12 , 1980 contract was signed. I contacted Mr. McAllister and invited him to the February 1st Council meeting so he could review with Council the services he currently provides the City under that contract. Mr. McAllister mentioned that he had planned to contact the City regarding the contract and the expense be incures for boarding dogs . Summary Tv Council should plan to discuss with Mr . McAllister the contract , which remains in force until one of the parties provides 30 days notice of cancellation. After the discussion, staff should be directed to make any changes that are deemed necessary and present the revised contract to Council at its February 15 , 1983 meeting. JKA/jms 11 Robert McAllister Bills for 1982 Total Pd . Total Pd. Month # Picked-Up McAllister # Redeemed City January ( 14) 11 Dogs & 3 Cats $350 . 00 2 $ 45 . 00 February ( 15) 12 Dogs & 3 Cats $375 . 00 8 $ 181 . 00 March ( 14) 11 Dogs & 3 Cats $350 . 00 7 $ 166 . 00 April ( 12) 10 Dogs & 2 Cats $300 .00 4 $ 68 . 00 May ( 13) 13 Dogs $325 . 00 4 $ 102 . 00 June ( 14) 10 Dogs & 4 Cats $350 . 00 2 $ 63 . 00 July ( 12) 9 Dogs & 3 Cats $300 . 00 0 --- August ( 19) 14 Dogs & 5 Cats $475 . 00 6 $ 132 . 00 September ( 15) 10 Dogs & 5 Cats $375 . 00 5 $ 101 . 00 October ( 13) 10 Dogs & 3 Cats $325 . 00 5 $ 124 . 00 November ( 14) 10 Dogs & 4 Cats $350 . 00 4 $ 87 . 00 December Bill has not been submitted to date . Total Pd . to McAllister $ 3 ,875 . 00 Total Pd . to City $ 1 ,069 . 00 1 j/ ".„ t. CITY OF SHAKOPEE .ct ; 1_$$ IdCORPORATLD 1970 .s.._aitisib� y.......“,d 6ttaituw. Ax= 33116.st . ':!..-w.; 129 E. First Ave., Shakopee, Minnesota 55379 (612)445-3650 J' ', .!T ''I'M February 12 , 19+80 ,,. J,. Mr. Robert McAllister 3669 Northwest 140th Street Prior lake , MN 55372 Dear Bob: The Shakopee City Council has approved the following terms for your services with the City of Shakopee beginning March 1st . 1 ) There will be no monthly retainer. 2 ) You will be paid $25 .00, for each dog you pick up. 3) You will be paid $7 .00, for each dead animal you pick up. 4) You will be paid $10.00, for each dead skunk you pick up. 5) You will he paid $20.00, for each animal which you lake to the University of Minnesota . - 6) You will bill the City once a month with a list of the actions taken and a description of each animal . 7 ) You will remit to the City all fines and fees for licenses collected . 8) This agreement shall continue until cancelled by either Party . 9) Thirty days notice of cancellation shall be given by either party wishing to terminate the agreement . If you have any questions , please let me know. If this is in agreement with you, please sign the copy enclosed and return it to me . Sincerely , Douglas S . Reeder City Administrator DSR/ jiw Enclosure ! , , i r 1 4, 1 , An a,ua:Un..+. tuns} r:rp!+:+er M 1. MEMO TO: Mayor & City Council FROM: Douglas S. Reeder , City Administrator RE: Dog Catcher DATE: January 31 , 1980 The current arrangement with the dog catcher is that the City pays a flat per month charge and additional charges for pounding and picking up dead animals , $310.00 per month or $3, 720 per year. In 1979 we received revenues of $621 . 00 for dog licenses and $624.00 in fines . The dog catching operation therefore costs the City approximately $2 ,475 in 1979. An alternative to that arrangement has been discussed with Mr. McAI] Ister and could involve no monthly fee , but a fee for services actually performed. These fees would be as follows : $25.00 per dog or cat picked up 7 . 00 to pick up and bury dead animals 10. 00 to pick up and bury dead skunks 20. 00 to deliver an animal to the University of Minnesota for rabies test During 1979 he picked up a total of 138 dogs and an estimated 15 dead animals and an estimated 3 clogs were taken to the University of Minnesota. I have attached a summary of 1979 for your information. If this same trend continued our total charges for 1980 would be as follows $3, 750 for dog or cat pickup ( $25 each) 70 for pick up of dead animals ( $7 each) 50 for pick up of dead skunks ( $10 each) 60 to deliver dogs to University of Minnesota ($20 each) $3, 930 Total Cost The 1980 budgeted amount for dog catching is $2 ,000 while the 1979 budget was $4,400. You will recall at budget time you asked that the amount be reduced because of dissatisfaction with what we are getting - for the money spent . I believe the concept of paying on a per dog basis is valid and I think we should try it to see how it works . It may or may "not increase the number of dogs picked up and therefore the cost to the City. I have in addition explored the concept of entering into a joint dog catching agreement with other Scott County communities and Scott County who all use the same service. This will be explored for 1981 and hopefully some recommendations made by budget time in 1980. i "4/ Dog Catcher January 31 , 1980 Page -2- Recommendation: It is recommended that the City Council approve the fee schedule recommended above for dog catching services for 1980. 1979 Dol; Pr.�gram Dogs Picked I Ip Dogs Claimed Cost Revenue January 15 3 $310 $60 February 9 3 310 18 March 7 2 310 29 April 10 3 310 50 May 9 2 310 37 June 11 3 310 50 July 15 5 310 90 August 12 4 310 98 September 14 4 310 86 October 12 1 310 23 November 11 2 310 27 December 13 3 310 56 138 35 $3, 720 $624 //C.- MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox , City Clerk RE: Agreement with John Nelson Regarding VIP Interceptor Lateral Assessments DATE: January 28 , 1983 Introduction On August 18 , 1981 Council did not levy a lateral charge against the John Nelson property for the VIP Sewer Interceptor because they concurred with Mr. Nelson that it was not feasible for him to hook up to the VIP Interceptor using it as a lateral , at the time of construction. However, Council took this action with the under- standing that : 1 ) if he did connect to the VIP directly, or 2 ) if a lateral is constructed in another manner, he would then receive a lateral charge . Council also directed that an agreement be made with Mr. Nelson regarding a lateral assessment in the event of future connection . Back,ground An agreement was sent to Mr. Nelson for his signature on October 19 , 1982 . On Wednesday, January 26 , 1983 , Mr. Notermann, Mr. Nelson' s attorney, informed Mr. Coller than he was going to advise Mr. Nelson to sign the agreement and that he would return it to Mr. Coller on Thursday. As of this writing the City does not have a signed agreement from Mr. Nelson. Alternatives 1 . Give Mr. Nelson more time to sign the agreement as drafted. 2 . Discuss with Mr. Nelson any changes he may be requesting and come to some agreement . 3 . Assess Mr. Nelson' s property for the improvements . Recommended Action If Council desires to assess , adopt Resolution No. 2109 , declaring the cost to be assessed and setting a public hearing date . Resolu- tion 011 tca1/1c' . JSC/jms MEMO TO: John K. Anderson, City Administrator 11cl FROM: Judith S. Cox, City Clerk RE: Appointments to Boards and Commissions DATE: January 26 , 1983 Introduction On January 18th Council made nominations to expiring terms on a number of City boards and commissions . Action Requested Make appointments : A) Planning Commission - 2 positions 4 year terms ending January 31 , 1987 Nominees : David T. Rockne Joseph S . Perusich (no ballot needed) B) Industrial Commercial Commission - 2 positions 3 year terms ending January 31 , 1986 Nominees : Jane DuBois Al Furrie (no ballot needed) C) Community Services Board - 1 position 2 year term ending January 31 , 1985 Nominees : Bob Ziegler (no ballot needed) D) Ballots enclosed Shakopee Police Civil Service Commission - 1 position 3 year term ending January 31 , 1986 Nominees : Stephen L. Strehlow Michael T. Bennington John A. Roepke Janet Williams E) Ballots enclosed Shakopee Communications Advisory Commission - 5 positions 1 - one year term ending January 31 , 1984 2 - two year terms ending January 31 , 1985 2 - three year terms ending January 31 , 1986 Nominees : Walter G . Johnson Lee Davis - Lill Abeln- William Anderson - Bill Harrison - Janet T. Williams-- Appointments to Boards and Commissions Page Two January 26 , 1983 It is recommended that the individuals receiving the most votes be appointed to the longer terms and if there are more than two, select terms by lot , i . e. 4 people receive 6 votes - determine terms by lot , 2 people receive 3 votes - new ballot , because neither received majority vote of 4. Suggestion To expedite this process , and if Council concurs , I would like to collect the ballots before the meeting and have them tallied by the time this item is ready for Council action; realizing we may have to do so a number of times . JSC/jms RESOLUTION NO. 1562 A RESOLUTION SETTING FORTH CITY COUNCIL PROCEDURAL POLICY ON APPOINTMENTS TO CI'T'Y BOARDS AND COMMISSIONS WHEREAS , in accordance with the City Code , the Shakopee City Council has the authority and obligation to appoint persons to the various City boards and commissions ; and WHEREAS , the City Council desires to establish a procedure for the appointment of persons to the various City boards and commissions . NOW, THEREFORE , BE IT RESOLVED, that the Shakopee City Council hereby establishes the following procedure to appoint persons to the various City boards and commissions : 1 . When an appointment is required , the City Administrator shall notify the City Council as early as possible before the appointment is put on the City Council agenda. 2 . The City Council shall make an appointment to a City board or commission only if the appointment appears on the printed agenda of that meetirg or if the appoint= merit was tabled from a previous meeting. 3 . The City Council shall follow Roberts Rules of Order, Newly Revised, in making nominations for any appoint- ment to be filled. Any Councilmember can nominate an individual and the nomination must be seconded by another member. Each Councilmember who nominates a person for an appointment should either pass out a resume of that person to the other Councilmembers or be able to recite some background information about the nominee . A motion to close nominations can be made and seconded at any time after each Councilmember present has been polled for a nomination. Once nominations are closed , no further applications will be received and vote will be made at the next Council meeting. 4. After nominations have been closed, if there is more than one person nominated for an appointment , the City Administrator shall distribute paper upon which each Councilmember shall write his preference for the appointment . 5 . The Mayor shall open the paper ballots and declare the person getting the most votes and whether or not he or she received a majority vote of the Council- members present . pwismismnim. 6. if the person receiving the most votes does not /Yr have a majority vote of the Councilmembers present, then there shall be a second paper vote between the top two candidates . If the vote is a tie between the top two candidates , there shall then be an additional paper vote between the top two candidates . 7 . After a candidate has received a majority vote on a paper ballot , the Mayor shall announce his or her name and the fact that he or she has a majority vote . At that time , a motion is in order to appoint that person to the position. This motion shall be voted on and if the person receives a majority, he or she is then appointed. Adopted in regular session of the City Council of the City of Shakopee , Minnesota , held this 5th day of February, 1980. Mayor of the City of Shakopee ATTEST: } City Clerk ' f Approved as to form this -- day of February, 1980. e. !" e City Alor_ncy �-- Shakopee Police Civil Service Comm. One 3 year term ending Jan. 31 , 1986 VOTE FOR ONE Stephen L. Strehlow Michael T. Bennington John A. Roepke Janet Williams Shakopee Communications Advisory Comm. One 1 year term ending Jan 31 , 1984 Two 2 year terms ending Jan. 31 , 1985 Two 3 year terms ending Jan. 31 , 1986 VOTE FOR FIVE Lill Abeln William Anderson Lee Davis Bill Harrison Walter G. Johnson Janet T . Williams MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: January 4 , 1983 Minutes DATE: January 20, 1983 Introduction The minutes of January 4th do not accurately reflect the telephone comments of Mrs . Bernard Neimeyer read into the record by Jeanne Andre . The minutes should state that she was in favor. . . . Action Requested 1 . Reconsider approving minutes of January 4 , 1983 . 2 . Amend minutes of January 4, 1983 , page 3 , paragraph 11 , by striking the word "not" so that the motion would read, "Mrs . Bernard Neimeyer, 1128 East 2nd, stated she is in favor, but it depends on financial details and adequate buffering from the new development for the neighbors . " 3 . Approve the minutes as amended. JSC/jms January 4, 1983 Page 3 �., properties in the area, such as A Mr. Hennes asked about the effect on the commercial its forathe commer- cial the Sports Center. The City Admr. stated he felt it would be a p business because it would open up more vacant land that it could expand to, and at the same time eliminate complaints that occur because of the mixing of uses. The Admin. Ass't stated the grant being applied for would hay for the entire cost of the public facilities portion of the pro,'Ject. Mrs. Anderson asked about the feasibility of placing the houses from 2nd Avenue where the apartments are planned. The Admin. Ass' t stated it would be much more expensive in terms of installation of public facilities, but could be looked into f uthe r. Mr. Anderson stated he would just rather have private ownership than apartments. He stated he wants to ask a question for a neighbor: He asked if this neighbor e g o be an can build just a garage on another lot. He was answered that a garage accessory budding to a residence in a residential district, so it would not be allowed Mrs. Odenwald, 614 E. 2nd, stated her street used to have such problems, but it sure is nice to have the tarvey there now. The Admin. Ass't read into the record telephone comments she received. from several people who did not appear at this meeting: no new Verona Wagoner, 2nd & Fil.morc:, stated ale boutillx�or,cLots these theoroarl wouldthere ltoe eher house, taxes for her home. She is concerned because the house is not set. back very far from the road. Nancy Mau, 205 Naumkea , stated she is against the new housing portion of the proposal Mrs. Tom Pumper, 1.26 Prairie Street, stated she and her husband arc not in favor of any redevelopment. Her only problem is the railroad tracks are higher than the road. Mrs. Harold Johnson, 1027 F. 2nd, stated she doesn't know if they are in favor of the project, depending on financial details. Mrs. Bernard Neimeyer, 1128 E. 2nd, stated she is not in favor, but it depends on financial details and adequate buffering from the new development for the neighbors. P.M.at Leroux/Vierling moved to contivand the ublic Admr emeeting beforeto ry tha8,date3with7a3map with the citizens, Admin. Ass'tCity proposal. Motion carried unanimously. and further details in an attempt to agree on a pro P Cncl. Col.ligan inquired about HUD and FHA policies regarding placement of housing adjacent to railroad tracks. The Admin. Asst would research the question further. Leroux/Colligan moved for a 5 minute recess at 8:55 P.M. Motion carried unanimously. Lerou x/Wampach moved to re-convene at 9:08 P.M. Motion carried unanimously. al ate id Street The City Engineer initiated discussion outesthe andCthe1s miMeage1tradetoffsAnecessary. System, pointing out the designated Considerable discussion ensued regarding various streets. Consensus was to reserve state aid funds to improve Market Street from 1st to 4th, with additional state aid funds reserved for 13th Avenue. na The City Engineer was instructed tsee theffunding ofthe allUagencgie.ted streets could be re-designated elsewhere to better use Leroux/Lebens moved to take off the table consideration of preliminary field work / i. MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox , City Clerk RE: Park Dedication for Minnesota Valley 3rd DATE: January 28 , 1983 Introduction The park dedication agreement for Minnesota Valley 3rd Addition provides that all moneys owed shall be due and payable on February 15 , 1983 , if not paid earlier with building permits . Background Mr. Laurent has asked if this date could be extended. Last year Council did authorize the extension of due dates for park dedica- tion for East View, Furrie ' s 2nd, Valley Park 6th, Wiggin' s 1st , and Halo 2nd, because of the economic climate . Council directed the agreements be extended to equal the number of years bonds are sold for public improvements , which is usually 10 years . Alternatives 1 . Require payment now. 2 . Authorize new agreement with a due date of February 15 , 1989. Property was platted in 1979 . Developer put in his own improvements . 3 . Authorize new agreement with some other due date . Recommendation Alternative No. 2 . Action Requested Authorize proper City officials to prepare and execute a new park dedication agreement with the developers of Minnesota Valley 3rd Addition extending payment to February 15 , 1989 , or at the time of the issuance of any building permit , whichever occurs first . JSC/jms MEMO TO : John Anderson/City Administrator FROM: LeRoy Houser/Building Official RE : Building Equipment Maintenance Contract DATE: January 27 , 1983 Introduction As per Council ' s request , I have contacted the four local companies qualified to service City building equipment . Background Each year we have accepted building equipment maintenance proposals on an hourly rate basis . I contacted Associated Mechanical , Ries Heating, Steins Inc . , and Ken Zitzow. Mr. Zitzow and Ries Heating did not reply . All bidders were furnished with our maintenance requirements and instructions . Attached are their respective bids . As you will note , Associated Mechanical is the low bidder by four hundred seventy-seven dollars . Recommendation Accept the proposal of $1 , 335 . 00 from Associated Mechanical for the 1983 operational year. Recommended Action Authorize proper City Officials to execute maintenance contract with Associated Mechanical for $1 , 335 .00. LH: cau Attachments n SSOCIATED H , MECHANICAL CONTRACTORS , INC . ti 100 NORTH MARKET E SHAKOPEE, MN 55379 ri PHONE 445-5100 — January 24 , 1983 City of Shakopee 129 E. 1st Ave. Shakopee , MN 55379 We propose the following Maintenance Contract for the year 1983 as follows : A. Will inspect all air conditioners and heating units three times per year at intervals of four months . B. Lubricate all motors and bearing housings . C. Adjust all pulleys and belts. D. Furnish labor for installation of all parts necessary for proper operation at time of scheduled service call. E. All work under this agreement is to be com- pleted within the normal eight hour working day. Any overtime work done upon request of or with the approval of the city of Shakopee will be subject to overtime charges at 11 times per hour. F. It is further provided that the date on which service will be rendered each period will be determined by the service man' s itinerary. However, all possible arrangements will be made to render such services as close to that date most convenient to the owner. .. G. The City of Shakopee will pay for all parts and materials . H. This agreement does entitle the City of Shakopee to emergency service calls . I. All repair work completed on "call" or done not in conjunction with normally scheduled maintenance checks will be billed out at the rate of $38 . 50 per hour through May 1983. After June 1 , 1983 , per hour charge will be $41. 00 . All the' abovefor the 'sum of: One thousand three hundred thirty five and 00/100 dollars ($1, 335. 00) Sincerely, • r • A OCIATED MECHANICAL CONTRACTORS ,'' INC. i James E. Frady '' y y Page No.o. of Pages A r�4 ��a1 \ STEINS, INC. i ( f' II Plumbing - Heating - Air Conditioning 1420 West 3rd Ave. Shakopee, Minnesota 55379 Phone 445-4444 -- — ------. ..PHONE. DATE PROPOSAL SUBMITTED TO January 24, 1983 City of Shakopee JOB NAME STREET ' 129 East First we COY, SLATE AND ZIP CODE 1------_..- JOB tOCA I ION Shakopee, Minn. 553 1 7 JOB PHONE ARCHITECT DALE Or PLANS I We hereby submit specifications and estimates for: Three (3) Service Inspections for all City Buildings, One year - 1983 to 1984. Parts and Labor. Parts replacements are understood to be extra. $ 1,812.00 far %Iruptu:;r hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: __dollars($_ -- )• Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike Authorized Y.� -r-- C •' manner according to standard practices.Any alteration or deviation from above specifics Si nature /iz7 / 1 tions involving extra costs will be executed only upon written orders,and will become an g / extra charge over and above the estimate.All agreements contingent upon strikes,accidents Note:This proposal may be or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. withdrawn by t if his accepted within_ —.-- days. \/ Our workers are fully covered by Workmen's Compensation Insurance. / — -- ---- --- -- --- \ Arrtptanrr of Drawin l—The above prices, specifications Signature and conditions are satisfactory and are hereby accepted. You are authorized • to do the work as specified.Payment will be made as outlined above. Signature Date of Acceptance: FORM 118 COPYRIGHT 1080 - NEW ENGLAND BUSINESS SERVICE,INC.,TOWNSEND,MASS.01180 a1,+k, r,f+t,49,44444 +ie* CALENDAR YEAR 1983 • EQUIPMENT MAINTENANCE CONTRACT WITH CITY OF SHAKOPEE 129 E. FIRST STREET, SHAKOPEE, MN 55379 TYPE OF EQUIPMENT ALL PLUMBING , HEATING AND AIR CONDITIONING LOCATION ATTACHED TO, OR LOCATED UPON, OR IN ALL CITY PROPERTY AND/OR BUILDINGS . SCHEDULED CALLS PER YEAR THREE ( 3 ) OR ON NOTTCE OF DEFECT. IN CONSIDERATION OF PAYMENT OF $1 , 335 .00 PER YEAR A) WILL INSPECT ALL AIR CONDITIONERS AND HEATING UNIT 3 TIMES PER YEAR AT INTERVALS OF 4 MONTHS . B) LUBRICATE ALL MOTORS AND BEARING HOUSINGS . C ) CLEAN, ADJUST ALL PULLEYS AND BELTS . D) FURNISH LABOR FOR INSTALLATION OF ALL PARTS NECESSARY FOR PROPER OPERATION AT TIME OF SCHEDULED SERVICE CALL. E) IT IS FURTHER PROVIDED THAT ALL WORK UNDER THIS AGREEMENT IS TO BE COMPLETED WITHIN THE NORMAL EIGHT HOUR WORKING DAY. ANY OVERTIME WORK DONE UPON REQUEST OF OR WITH THE APPROVAL OF THE CITY OF SHAKOPEE WILL BE SUBJECT TO OVERTIME CHARGES AT 12 TIMES PER HOUR. F) IT IS FURTHER PROVIDED THAT THE DATE ON WHICH SERVICE WILL BE RENDERED EACH PERIOD WILL BE DETERMINED BY THE SERVICE MAN' S ITINERARY. HOWEVER, ALL POSSIBLE ARRANGEMENTS WILL BE MADE TO RENDER SUCH SERVICES AS CLOSE TO THAT DATE MOST CONVENIENT TO THE OWNER. G) THE CITY OF SHAKOPEE WILL PAY FOR ALL PARTS AND MATERIALS . H) AS A MAINTENANCE CONTRACT, THIS AGREEMENT DOES ENTITLE THE CITY OF SHAKOPEE TO EMERGENCY SERVICE CALLS . I ) IT IS FURTHER PROVIDED THAT ALL REPAIR WORK COMPLETED ON "CALL" OR DONE NOT IN CONJUNCTION WITH NORMALLY SHCEDULED MAINTENANCE CHECKS WILL BE BILLED OUT AT THE RATE OF $38 . 50 PER HOUR THROUGH MAY, 1983 , AT WHICH TIME THE HOURLY RATE OF $41 .00 IS APPLICABLE. 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H G G W = n H G < N rt IW CO W W W C/) .-- oC H U n (1 i W I-' rr H CI H b U1 = (D W '-1 0 n ,c 11 co r~ E 0 O W 0 H• M H U] CC C H G C = (D N CO U) ri W = n (D H. rt ri Ui • • W W a, I J , ,.- o 0 '-J 0, 4 .7. `D w a,, 4 w '- r- il'r • cr v, CO J o ;1 f-. 1-• o a, u, 0 F-' N 1--' N r-- h+ I-. r I-, /-- ,-' r-, r^ l.n V1 U-1 is v' In 7: 4> .4> 4> W W W • CO V ON W N.) ~ Q 1 I t(' MEMORANDA TO : John K. Anderson City Administrator FROM : H. R. Spurrier '7 k City Engineer -= - SUBJECT: Fifth Avenue - Spencer Str et to Fillmore Street DATE : January 28, 1983 Introduction On August 3, 1982 City Council ordered the Feasibility Report for the Improve- ment of Fifth Avenue from Spencer Street to Fillmore Street. In preparing the Feasibility Report, staff has encountered some design problems. Background The principal problem is the vertical alignment at the intersection of 5th and Spencer. Fifth Avenue is technically a dead end street and therefore, the approach to Spencer is critical from the standpoint of safety. When the approach to Spencer Street is aligned for safety, that embankment interferes with drainage from property south of 5th Avenue. When proper drainage is achieved, the approach to Spencer is unacceptable. There are several alternatives that would mitigate these design problems. All of these alternatives require looking beyond the intersection of 5th Avenue and Fillmore Street. City Council specifically ruled out those alternatives when the Feasibility Report was ordered. Alternatives There are two alternatives at this point: 1. Staff can return the Feasibility Report now and conclude that the project is not feasible, in a technical sense. 2. Staff can investigate alternatives beyond 5th Avenue and Fillmore Street, which would make the project feasible in a technical sense, but in a practical sense, not feasible at this time because of other factors. John K. Anderson January 28, 1983 5th Ave. - Spencer to Fillmore Page -2- 11 Staff recommends expanding the scope of the Feasibility Report to at least determine what must be done to provide a safe and acceptable road system for this area. Action Requested Direct staff to expand the Feasibility Report of Fifth Avenue - Spencer to Fillmore to include alternatives beyond the intersection of 5th Avenue and Fillmore Strett , in order to determine the future alignment of 5th Avenue . HRS/jvm MEMO TO: Mayor. and City Council FROM: John K. Anderson, City Administrator RE: The City ' s Two Percent 429 Project Interest Surcharge DATE: January 2,1 , 1983 Introduction Last summer the Industrial Commercial Commission and City Council reviewed our current policy of adding a 2% interest rate surcharge to 429 project assessment resolutions . We currently assess home- owners at an interest rate 2% higher than the interest rate we pay on the bonds . The ICC recommended that the surcharge vary from 0-2% for all types of projects based upon an established criteria. Council discussed this recommendation and directed staff to draft a policy resolution establishing criteria for charging 1-2% for various types of projects . Implementation Problem The process of drafting the resolution has been a lengthly one , and staff has come full circle in its thinking on this issue. Neither staff nor Bob Pulscher, our financial advisor, could find a "good" set of criteria for triggering either the 1 or 2% surcharge. The only clear differential seemed to be between the risk the City faced on unpaid assessments from vacant undeveloped land vs . the risk we faced on developed land with tax paying businesses or homes already on it . The logic of this approach is attractive and hasn' t been tested in court according to Bob Pulscher; however , both staff and Mr. Pulscher feel it would be inappropriate to have different interest rate surcharges for different projects all being financed by the same bonds which would have only one rate of interest . We can foresee a situation in which the City would be asked to explain why assessment resolutions passed on the same night would have different interest rates when the bonds sold for the two pro- jects were from one issue with one interest rate . The appearance of discrimination, regardless of the logic behind it , might cause more harm than the good generated by the 1% interest we saved for those property owners with the reduced interest rate . Clarification of Other Surcharges I probably contributed to the belief that something could be done to relieve the additional cost of the 2% assessment surcharge by not clearly outlining who was paying what charges in a construction project . The checklist below clears up who pays what and when, and is going into our Standard Operating Procedures ( S .O.P. ) . The City' s Two Percent 429 project Interest Surcharge Page Two ( J January 21 , 1983 FINANCING CHECKLIST 429 PROJECTS Estimate Included Included In Provided In Bond Assessment Project Cost : By Sale Resolution 1 . Construction Contract Eng. Yes Yes 2 . Engineering Costs H ►► ►► 3 . Land & Easements " " ►► 4. Construction Contingency " H ►► 5 . Investment losses from City Funds Advanced Fin. Dir. " II 6 . Capitalized Interest for Debt Service Payments !' " Ii 7 . Legal Expenses/City Attorney H H ►► 8 . 1% Administrative Fee ( 1 ) H H ►► 9 . Bond Costs : Fiscal Agent ( 2 ) 'I Il ►I Moody ' s H H ►► Bond Attorney H H ►► Printing, etc . " it ►► Assessment Resolution Costs : 10. Actual Project Cost ( 1-9 above ) Fin. Dir. Yes Yes 11 . City ' s 27 Surcharge II No Yes ( 3 ) State Required 5% Certified Levy: 12 . Advalorem Tax Levy based on Annual P&I of Debt Service Fiscal No(4) No(4) Agent ( 1 )Based upon cost of 1.-4. ( 2 )The fiscal agent must know whether or not there is green acred property involved in any 429 Project . The Finance Director is responsible for getting him this information. ( 3 )The 2% is not part of the project cost , but a surcharge added added to protect the City financially from: loss of interest from prepayment of assessments when there is a low reinvestment rate, deliquent assessment payments needed to pay bond install- ments , reduce the need for the annual 5% advalorem tax levy required by state law. (4)This 5% certified levy is not paid by the people or developer benefiting from the project . It is a general city-wide advalorem tax required by law to protect the bond holders for the same reasons as cited in #3 above. It can be annually cancelled if there is sufficient balance in the bonds debt service fund. Shakopee has not regularly cancelled this levy. The City' s Two Percent 429 Project Interest Surcharge i / S Page Three January 21 , 1983 If the City is truly interested in making a project pay for itself then it should utilize to a maximum the 2% assessment interest rate surcharge , because it assists in generating a debt service fund balance in the first 3-4 years so the City can annually cancel the 5% advalorem tax in future years.. Alternatives 1 . Again direct staff to draft a resolution establishing criteria for imposing either a 1 or 2% assessment interest rate surcharge. The purpose of this was to reduce the high interest rates that drive up improvement costs to residents and developers . 2 . Establish a flat assessment interest rate surchage for all 429 projects of 1% (or 12%) . Bob Pulscher stated that all Springsted clients impose "some" assessment interest rate surcHaTge. The reason for a reduction would be the same as in alternative No. 1 . 3 . Keep the present 2/ assessment interest rate surcharge because today, more than ever, the City needs to protect itself from delinquent assessments and defaulting developers . Recommendation Bob Pulscher and staff (City Clerk, Finance Director and City Admin- istrator) recommend alternative No. 3 . Action Requested Foward this memo and its recommendations to the ICC for their infor- mation indicating that Council has decided to retain the 2% assess- ment interest rate surcharge policy. JKA/jms MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk / 2oi RE: City Policy on Accumulation of Comp Time DATE: January 20 , 1983 Introduction Pursuant to Council direction, I have prepared the attached resolu- tion permitting City personnel to carry over into 1983 a maximum of 60 hours of accumulated comp time , only until May 1st . Action Requested Offer Resolution No. 2105 , A Resolution Amending Resolution No. 1876 Adopting A Personnel Policy for the City of Shakopee , and move its adoption. JSC/jms RESOLUTION NO. 2105 A Resolution Amending Resolution No. 1876 Adopting A Personnel Policy for the City of Shakopee WHEREAS , Resolution No. 1876 provides that a City employee may accumulate a maximum of 40 hours of comp time and if required to work additional hours of overtime he must be paid ; and • WHEREAS , the December 28th snow storm required Street and Park Department personnel to put in a significant number of overtime hours ; and WHEREAS , a significant number of Street and Park Department personnel have accumulated much more than 40 hours comp time , as a result of the December 28th snow storm; and WHEREAS , Council has been asked to establish a temporary maximum of 60 hours accumulation of comp time which can be carried from December 28 , 1982 to May 1 , 1983 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that Resolution No. 1876 is hereby amended by permitting Public Works employees to carry over into 1983 , beginning • from December 27 , 1982 , a maximum of 60 hours accumulation of comp time . BE IT FURTHER RESOLVED that said 60 hours accumulation of comp time shall be reduced to 40 hours accumulation of comp time no later than May 1 , 1983. Adopted in session of the City Council of the City of Shakopee , Minnesota, helt this day of 1983 . Wayor of the City of Sha c-opee ATTEST: • City Clerk Approved as to form this day of — -- -- : 19E13 . City Attorney l I►L^J MEMO TO: John K. Anderson/City Administrator FROM: Jeanne Andre/Administrative Assistant RE : Resolution No. 2108 DATE: January 28 , 1983 Introduction and Background The Small Cities Grant Regulations require that a formal resolution be adopted by the City Council to authorize sub- mission of an application. The attached Resolution No. 2108 is such a resolution. Requested Action Adopt Resolution No . 2108, A Resolution Authorizing the Sub- mission of a Community Development Block Grant for Fiscal Year 1983 . JA: cau • '61"' RESOLUTION NO. 2108 A RESOLUTION AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT I"Ok FISCAL YEAR 1983 WHEREAS , the Council recognizes deficiencies in housing and public facilities that exist on East. Second Avenue between Sommerville and Naumkeag; and WHEREAS , the Council also recognizes the need to promote economic development and create jobs to alleviate the high unem- ployment rate currently existing in Shakopee ; and WHEREAS , funding available through the Small Cities Community Development Block Grant promotes program activities that assist low- and moderate- income persons , eliminate slums and blight and alleviate urgent community development needs ; and WHEREAS , a comprehensive program of activities known as the East Second Avenue Neighborhood Revitalization Program has been proposed which will alleviate the deficiencies herein described and meet the established grant objectives . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA , that a Small Cities Community Development Block Grant be submitted on behalf of the City of Shakopee , in accordance with the rules and regulations of that grant , for the East Second Avenue Neighborhood Revitalization Program. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of , 1983 . Mayor of 01e-;ity -61—Shakopee ATTEST: C ty re K Approved as to form this day of , 1983 . LR C MEMORANDA TO : John K. Anderson City Administrator FROM : H. R. Spurrier ' !III City Engineer / . SUBJECT: Reconstruction of Holmes Sbeet Improvement District No. 198 -3 DATE : January 26, 1983 Introduction Pursuant to Council action January 18, 1983 I attach Resolution No. 2106, a resolution which abates part of the assessment to Lot 6 and Lot 7, Block 51, Shakopee City. Background Pursuant to Council action, the attached resolution abates $428.44 of the total assessment levied against Lot 6 and Lot 7, Block 51. The balance of the assessment remains at $428.44. Action Requested Adopt Resolution No. 2106, A Resolution Abating An Assessment Against A Certain Parcel For The Holmes Street Storm Sewer Improvement District No. 1980-3. HRS/jvm Attachment RESOLUTION NO. 2106 A Resolution Abating An Assessment Against A Certain Parcel For The Holmes Street Storm Sewer Improvement District 1980-3 WHEREAS, the Shakopee City Council did adopt Resolution No. 1670 levying special assessments for the Holmes Street Storm Sewer Improvement 1980-3; and WHEREAS, it was subsequently determined by City Council that Lot 6 and Lot 7, Block 51 , Shakopee City were assessed at a non-residential rate and should be assessed at a residential rate for that part of the assessment heretofore not paid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that $428.44 of the remaining balance of $856.88 of the storm sewer assessment levied against Parcel No. 27-001-0000-374-00, more particularly described as Lot 6 and Lot 7, Block 51, Shakopee City is hereby abated. BE IT FURTHER RESOLVED, that the $428.44 shall be paid out of the General Fund. Adopted in _ session of the City Council of the City of Shakopee, Minnesota held this day of , 1983. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1983. Julius A. Coller, II , City Attorney /2ck MEMORANDA TO : John K. Anderson City Administrator FROM : H. R. Spurrier VAMP" C City Engineer ,_--- SUBJECT: Deans Lake DATE : January 26, 1983 Introduction The Planning Commission has transmitted to my office an interest in establishing the ordinary high water mark for Deans Lake. Background The Minnesota Department of Natural Resources is responsible for establishing the ordinary high water mark for public waters within the State. The Department of Natural Resources will establish the ordinary high water mark for a variety of reasons; one of those reasons is upon request of the local jurisdiction. Attached Resolution No. 2107 requests that the Minnesota Department of Natural Resources establish the ordinary high water mark for Deans Lake. This resolution is recommended because with increased flow into the Lake, it will become more important to know the relative elevation of that ordinary high water mark as land around the lake developer. In order for that develop- ment to occur in a safe and orderly manner, it is important for staff to know the ordinary high water mark. Action Requested Adopt Resolution No. 2107, A Resolution Requesting That The Minnesota Department Of Natural Resources Establish The Ordinary High Water Mark For Deans Lake. HRS/jvm Attachment RESOLUTION NO. 2107 A Resolution Requesting That The Minnesota Department Of Natural Resources Establish The Ordinary High Water Mark For Deans Lake WHEREAS, the Minnesota Department of Natural Resources (DNR) is responsible for establishing the ordinary high water mark for public waters; and WHEREAS, Deans Lake is part of the public waters within the State of Minnesota; and WHEREAS, the Department of Natural Resources will establish the ordinary high water mark for good and sufficient reason; and WHEREAS, the proposed diversion of the Prior Lake overflow through Deans Lake may cause Deans Lake to reach the ordinary high water mark; and WHEREAS, the location of the ordinary high water mark is of vital interest to the City of Shakopee and the property owners around Deans Lake. NOW, THEREFORE , BE II RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Minnesota Department of Natural Resources is hereby requested to establish the ordinary high water mark for Deans Lake and referencing said ordinary high water mark to the United States Geodetic Survey 1929 Datum. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the Minnesota Department of Natural Resources. Adopted in session of the City Council of the City of Shakopee, Minnesota held this _ ___ day of 1983. Mayor of the City of Shakopee ATTEST: t ' MEMO '1( John� K. Anderson, CityAdministratorAdministrator FROM: GN C� ' �Gl,(9r� 64•ti/ . RE: Travel/Subsistence Reimbursement DATE: + ( IZ 1 Introduction 4 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: �kI+A) ,. ii/�3 t' " Amount : z/, ('?Cs' �,, / /s 4'� /�eel �h02 Purpose: AMC //yfi3 ` /e 17 / /l( 7,-1/7-1.41. ice., . , okz...1,...., 767e....- . m„,....- 0 0-5 Alternatives MEe ILI9 I . Approve payment 2. Defer to normal bill cycle 1. Deny all or part of request Recommendation Alternative #I1. Action Move to approve payment to �G 1},i11 A. 114;44d'I/i/ in the amount of $ 2—/% 47/0/ _ for travel /subsistence reimbursement. a 1, 15, See tie- A-,1J''xQ ,