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HomeMy WebLinkAbout12/20/1988 MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Non-Agenda Informational Items DATE: December 14, 1988 1. Attached is a letter from Dr. Gayden Carruth, Superintendent of Schools, thanking the Mayor and Council for their vote to approve the joint powers compromise in regard to the TIF/referendum. 2. Attached please find a letter from North Star Risk services, Inc. This letter indicates that a routine loss control survey was conducted relating to the premises and operations of the City of Shakopee in conjunction with the City's participation in the League of Minnesota Cities Insurance Trust Property and Casualty Program. The letter contains various recommendations which are being evaluated by City staff. At such time as conclusions are drawn our recommendations will be made to the City Council for action. No action is requested on this matter at this time by the City Council, it is sent to the Council for information purposes only. 3 . The City Finance Director has received a communication from the League of Minnesota Cities Insurance Trust (LMCIT) indicating that the City is receiving a rebate of $14,000 from the LMCIT insurance program for last year. An additional amount of $6,000 will be transmitted to the Shakopee Public Utilities Commission, representing their part of the insurance coverage that we share with them. No action needs to be taken on this item at this time. — . 4. Attached is a memorandum from Barry Stock regarding the Downtown Committee's Goals and Objectives. 5. Attached is a memorandum from Barry Stock regarding bait and switch tactics. 6. Attached is a memorandum from Joe Ries regarding the Fire Department's election of officers for 1989. 7. Attached is a memorandum from George Muenchow regarding a progress report on the Stans Park skating rink lighting push button switch. 8. Attached is a copy of an article entitled "Council seeks cleanup of Minnesota River" from the December issue of the Metro Monitor. 9. The new copier for City Hall was delivered 11/23/88. It is 33% faster and is smaller than the old copier. Two sided coping is fully automatic vs. semi automatic for the old machine. It is a nice machine. 10. The American Legion of Shakopee has applied for renewal of their gambling license. They do meet the requirements of the City Code. 11. Attached is the Revenue and Expenditure Report as of November 30, 1988. 12. Attached is the Building Activity Report as of November 30, 1988. 13 . Attached is the Engineering Department's monthly report for November, 1988 . 14 . Attached are the minutes of the December 6, 1988 meeting of the Shakopee Coalition. 15. Attached are the minutes of the November 17, 1988 meeting of the Energy and Transporation Committee. 16. Attached are the minutes of the November 9, 1988 meeting of the Community Development Commission. 17 . Attached are the minutes of the November 9, 1988 meeting of the Downtown Ad Hoc Committee. DRK/jms i Shakopee Public Schools Independent School District No. 720 Joan Lynch,Chair District Office Suzanne Van Houf,Vice Chair 505 S. Holmes Street James Sorensen,Clerk Shakopee, Minnesota 55379 Janet Wendt,Treasurer (612)445-4884 Jane Carson,Director James O'Brien,Director Gayden F.Carrufh,Ph.D.,Superintendent of Schools Steven Johnson,Director Virgil S.Mears.Assistant Superintendent of Schools 01 December 6, 1988 Mayor Delores Lebens Members of the City Council 129 1st Avenue East Shakopee, Minnesota 55379 Dear Mayor Lebens and Council Members: On behalf of the School Board and school district, we would like to thank you for your November 15 vote to approve the joint powers compromise in regard to the TIF/referendum. We look forward to continuing to work together in the best interest of our schools and community. Sincerely, Gayden F. Carruth Superintendent of Schools GFC/nb A Tobacco-Free School District An Equal Opportunity Employer J� North Star Risk Services, Inc. December 5, 1988 Mr. Dennis Kraft Acting Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Kraft: - A routine loss control survey was recently conducted concerning the premises and operations for the City. This is in conjunction with the City' s participation in the League of Minnesota Cities Insurance Trust Property and Casualty Program. We sincerely appreciate your efforts and assistance in completion of this loss control survey. This letter will review my meeting with your City Engineer, Mr. Dave Hutton, on November 9, 1988. At that time we had the opportunity to review the current City sidewalk maintenance and upgrade program. I was specifically asked by your agent to review the new brick sidewalks being installed in the downtown area. From my meetings and a partial tour of your sidewalk area, I have come up with the following recommendations: R-20-88 It appears from the review and partial inspection of some of the brick sidewalk that the installation of the sidewalk was done in an efficient manner. I would like to point out that the City engineer says that his brick sidewalk will be set up on an annual inspection and maintenance program. I highly recommend that this inspection and maintenance program be put into effect to make sure that no bricks start sinking and cause an uneven walkway. R-21-88 A partial review of the City sidewalks shows that the sidewalks directly in front of the City Hall need to be replaced. I am also aware that service utilities in this area may be replaced in the near future. Unfortunately, that doesn't reduce the liability situation incurred by the City. It has been shown that it is very difficult to defend the City with respect to sidewalk maintenance when the accidents may occur directly in front of City Hall. The upgrade and/or maintenance of these sidewalks should be done as soon as economically possible. 1401 west 76th Street. Suite 550 0 Minnnpnhs, s innewm 55423 ■ (612) 861-8600 ■ ea (612) 861-8643 Mr. Dennis Kraft City of Shakopee December 5, 1988 Page Two R-22-88 It is my understanding that the City of Shakopee has a sidewalk ordinance mandating that affronting property owners are required to not only remove snow and ice, but also maintain the sidewalks. I would like to stress that the City should be enforcing this sidewalk maintenance program. Therefore, I would like to recommend that a sidewalk inspection and maintenance program be put into effect. Affronting property owners with sidewalk maintenance problems should be adequately informed in writing and a follow-up maintenance program put into effect. Some cities have elected to take care of part of the sidewalk removal and/or part of the cost of sidewalk replacement. The City of Shakopee can review any or all of those different areas with regards to who is going to pay for sidewalk replacements and additions. During my visit Mr. Hutton pointed out a situation where some property owners had built sidewalks themselves and that there were gaps in the sidewalk system in a block because of this situation. A review of this by the legal department at the League of Minnesota Cities shows that the City would most likely be responsible for accidents of individuals who were injured walking across the areas where there was no sidewalk. For that reason, the City should look into inspecting and documenting these areas and having them filled in as soon as economically possible. The exact status on who will pay to fill in these areas I leave up to the City, but I would like to point out that by not filling in these areas, the City leaves themselves open to a liability situation. I am enclosing some information that the League of Minnesota Cities reviewed with regards to this situation for your City Engineer to review. R-23-88 A review of sidewalk slip and fall losses shows that the Engineering Department is not informed on any details with regards to slip and fall accidents. When it comes to engineering and specifications of sidewalks, the Engineering Department should be involved in at least being alerted having to do with slip and fall accidents and/or problems. By doing this, they can help address the budgeting situation having to do with maintenance and inspection of City sidewalks. Mr. Dennis Kraft City of Shakopee December 5, 1988 Page Three PLEASE RESPOND WITHIN 60 DAYS OF YOUR RECEIPT OF THIS LETTER REGARDING THE STATUS OF YOUR HANDLING OF THESE RECOMMENDATIONS. For your convenience, enclosed is a self-addressed envelope. Feel free to make your reply on a copy of this letter and return it in this envelope. Thank you for your continued efforts in the interest of loss control. We look forward to working with you. Sincerely, W. Michael Everist Loss Control Consultant _ North Star Risk Services, Inc. WME/cp Enclosures cc: Capesius Agency, Inc. These recommendations are made for risk improvement purposes only. They were not made for the purpose of complying with the require- ments of any law, rule or regulation. We do not infer or imply in the making of these recommendations that there are no other hazards and exposures in existence. The purpose of the recommendations is to assist in improving the risk exposure and to assist you with your loss control program. 183 University Ave.East St.Paul,MN 55101.2526 League of Minnesota Cities (612)227.5600(FAX:221-0986) To: City officials From: Pete Tritz Re: LMCIT loss control visits The League of Minnesota Cities Insurance Trust is a cooperative organization through which cities jointly self-insure their risks. To put it another way, LMCIT is a way for cities to jointly use their own funds to pay their losses. The ultimate cost to cities is therefor determined by the losses the member cities have. Every loss that can be avoided represents money that remains in the cities' hands. For this reason, LMCIT places a great deal of emphasis on loss control and prevention. That effort has paid off. Over the past couple of years, I.MCIT's member cities have succeeded in reducing losses well below past levels. This has made it possible for the LMCIT property/casualty program to stabilize and reduce rates, and to return over $4 million of surplus funds to the cities in 1987. Much of the credit for this achievement must go to the cities' own efforts to reduce losses, with the help of the loss control representatives employed by LMCIT's administrators, EBA and North Star Risk Services. An important element of loss control is the on-site visit by the loss control representatives. The purpose of these visits is to help the city identify conditions and practices which present a hazard, and to help find ways to reduce or eliminate those hazards. The best way to think of the loss control representatives is as consultants there to help the city. Their expertise is in recognizing conditions that tend to create injuries, claims, and losses, and in proposing techniques to control those hazards. They are there to make that expertise available to cities. Of course, you should also keep in mind that because LMCIT is a cooperative self-insurance organization, all of the member cities have an interest in making sure that no one city is contributing an unreasonable amount of risk to LMCIT. After all, if one city's premises and operations are exceptionally hazardous, all of LMCIT's other member cities will potentially have to help pay for the losses that result. The loss control visits help assure all of the cities that they are not subsidizing someone else's unsafe practices. (OVER) N O T E T O F I L E DATE: December 5, 1988 FROM: W. Michael Everist SUBJECT: City of Shakopee A loss control visit was made to the City of Shakopee after a letter was received by the agent for the City of Shakopee with regards to the current brick sidewalk installation program. A review of the sidewalk brick installation program shows that a competent engineering and construction program is in effect with regards to the brick sidewalk. The brick currently being installed is an abraded, non-slip type brick. The bricks are laid on a very substantial base with a sand grouting. The sidewalk is designed to have an annual inspection and maintenance upgrade program to level any bricks which may sink during the year. During this review it was noted that an upgrade needs to be done on the current sidewalk inspection and maintenance program for the whole city. It was noted during this visit that the previous city administrator, Mr. John Anderson, has left and has been temporarily replaced by Mr. Dennis Kraft. WME/cp LOK CONTROL _ G?GV 1 ' 1988 183 University Ave.East St Paul,MN 55101.2526 League of Minnesota Cities (612)227.5600(FAX:221-0986) November 14, 1988 Mike Everist North Star Risk Services, Inc. 1401 West 76th Street Suite 550 Minneapolis, MN 55423 Dear Mr. Everist: LMCIT received an inquiry as to a municipality's responsibility for sidewalks, built by private property owners, parallel to the street, where the public sidewalk would be if a public walk were built. The problem posed occurs when the sidewalk does not extend the length of the whole block. Perhaps a number of property owners have built similar sidewalks, but some have not, and gaps exist in the sidewalk thus created along the block. The general rule is that the duty of keeping a sidewalk in a reasonably safe condition for travel is upon a city or municipality, not on the abutting owners or occupants. Sternitzke v Donahue's Jewelers, 249 Minn. 514, 519 (1957) A sidewalk is part of a street and a municipality, which is given exclusive control of the streets or sidewalks, is required to exercise reasonable care in keeping them in a safe condition. The municipality is liable to any person who is injured as a result of want of such care. Id. at 520. [T)he duty is placed on the city and is not on abutting owners or occupants unless they created the defect or dangerous condition or were negligent in maintaining in a dangerous and defective condition facilities erected on the sidewalk for their convenience or for the benefit of their building. Sternitzke v Donahue's Jewelers, 249 Minn. at 519-20. The city's duty of reasonable care includes a duty of reasonable expection. To impose liability, however, for injuries resulting from a defect, the city must have had actual or constructive notice of the defect. Smith v. Village of Hibbing, 272 Minn. 1 (1965) The city must have had knowledge of the condition, or the condition must have existed for a sufficient length of time so that the city should have known of it, ti Page 2 of 4 yet failed to take steps to remedy it. Scott v. Villaqe of Olivia, 260 Minn. 346 (1961) What constitutes a sufficient length of time depends upon the facts of the particular case. Hall v. Cityof Anoka, 260 Minn. 188 (1961) . The plaintiff has the burden of proof that the city knew of the defect, or that the defect existed for a sufficient length of time so that it should have been discovered and corrected by the city. Id. If a private property owner constructs a sidewalk in the place where public sidewalks are usually built, but where the municipality has, for whatever reason, chosen not to build a sidewalk, is the municipality liable for defects or lack of maintenance which results in injury to a user? The answer seems to be ^yes.' In Graham V. City of AlbertLea, 48 Minn. 201 (1892) , a property owner abutting a public street built a sidewalk parallel to the street along his property. The city had acquiesced in the owner's action and built crosswalks over the sidewalk constructed by the property owner. A passerby was injured on the sidewalk and brought an action against the city. The city disclaimed responsibility for the existence of the sidewalk, as well as for its maintenance and repair. The Court held that the city authorities so acted in reference to this walk as to hold it out to the people as a public thoroughfare. The city therefore assumed the duty of keeping it in repair. Id. at 205 The court said that where a sidewalk is placed in the street to be used by the public as a part of it, and is permitted by the municipality to remain and be so used, the city has a duty to see that it is in a safe condition for such use. Id. [Where] a municipality permits a -private citizen to build a sidewalk in front of his premises, and the same is to be used by the public, the duty devolves upon the corporation to see that it is kept in repair. Graham v. City of Albert Lea, 48 Minn. at 206 In succeeding cases, the Supreme Court of Minnesota has said that when the owner of adjacent property constructs a sidewalk which replaces or completes a public sidewalk, even without the city's express authority, the municipality must exercise a reasonable supervision over such construction and must seasonably remedy any defects. Steliwagen v. City of Winona, 54 Minn. 460, 463 (1893) , Blyhl v. Village of Waterville, 57 Minn. 115 (1894) . On the other hand, in Holmwood v. City of Duluth, 134 Minn. 137 (1916) the owner of adjacent property built a sidewalk along the street front of his building where no sidewalk had existed. There was no evidence that the authorities had ever approved either the construction or the manner in which it was done. The city never made any attempt to assume control of the sidewalk, or repaired or maintained the sidewalk. When a user was injured because of an alleged defect in the Page 3 of 4 sidewalk, the user sued the city for damages. The Court held the city was not liable because there was no evidence that the city had ever assumed control of that particular stretch of sidewalk. However, the court said that the rule might be different had the city, in fact, assumed jurisdiction of that part of the walk and treated it as part of the public thoroughfare. Id. at 139 (emphasis added) . The actual result of Holmwood is probably irregular, despite the pains the Court took to point out that the city had not assumed control. The prevailing attitude seems to be that permitting a privately built sidewalk to exist where a public sidewalk would be expected to exist is sufficient to constitute assumption of control. The basis of liability in these cases seems to be the •invitation principle.^ Casad, Street and Sidewalk Safety: The Scope of the Municipal Duty in Minnesota, 45 Minn. L. Rev. 333, 355 (1961) . The essence of the principle is that, if a private walkway runs along the same place a public walk would run, if there were one, an invitation to the traveler is implicit in the existence of the walk. This invitation is the invitation of the city, not of the private owner. Id. The reason is that the traveler would not suspect that the walk Fad- been provided by a benevolent private party rather than by the city. Id. Similarly, if a walkway runs from the public walk to a private house, the traveler would normally think that the walk had been provided by the private owner, not the city. The invitation implicit is that of the owner. The owner is responsible for injuries on that connecting walk. To lessen the burden of its duty, a city may, by ordinance, require property owners to maintain and repair sidewalks that are adjacent to or abutting their property. However, if the abutting owners neglect their duty under the ordinance, the city is responsible. In such cases, the city must do the necessary maintainence and repairs, but may charge the costs to the property benefitted. Minn. Stats. 412.211 and 412.221 subd. 6. Cities may also, by ordinance, establish sidewalk improvement districts and have authority to defray all or part of costs of construction and repair of sidewalks therein by apportioning costs to all the parcels located in the district on a direct or indirect benefit basis. Minn. Stat. 435.44 subd. 1. Thus, if in a particular neighborhood, where the city had not laid sidewalks, but some of the private property owners did, the city may pass and ordinance requiring the whole neighborhood to have sidewalks, thereby filling in any gaps. Costs could be assessed according to the provisions of 435.44. If a city chose neither to incur this cost itself, nor to pass the cost to the benefitted properties by assessment, it would still be liable for maintenance and repair of the sidewalk thoroughfare that y Page 4 of 4 was created by the property owners, as the case law outlined above indicates. Therefore the city would want, at a minimum, to insure that any gaps in the sidewalk were not abrupt. The ends of the sidewalks should be graded to meet the unfinished sidewalk area. I am sending you copies of the applicable ordinances and a copy of a 1986 LMC research memo on local improvements. The memo relates to improvements under Minn. Stat. 429 but also refers to Minn. Stat. 435.44 (on page 7) . Cities should always consult with their attornies and other responsible officers or officials before pursuing a particular course of action. I hope this has been of help. Sincerely, (�y�(!(xnnQ-�Jh�co�� Allen Jacobson, LMCIT Research Asst Enclosures CC: Doug Gronli, GAB Bob Weisbrod Dave Drugg Doug Rolm y MEMO TO: Shakopee City Council FROM: Barry A. Stock, Administrative Assistant RE: Downtown Committee Goals and Objectives (Non-agenda informational) DATE: December 14, 1988 INTRODUCTION• In October, the Shakopee City Council directed the Downtown Committee to prepare a work plan identifying two or three major goals and 'objectives for completion. The City Council requested that the goals and objectives be forwarded to them for their review prior to the end of the year. BACKGROUND• During the month of November the Downtown Committee discussed the development of goals and objectives for the Committee. On December 14, 1988 the Downtown Committee was scheduled to approve a final set of goals and objectives to be forwarded to the City Council for their review and approval. However, another important issue consumed the entire meeting time. The Downtown Committee was therefore unable to continue the discussion of their work plan. I have scheduled the Downtown Committee to prepare their final work plan for the Council's review at their first meeting in January. I fully expect that their goals and objectives will be forwarded to the City Council for their consideration at the January 17, 1989 meeting. 5 MEMO TO: Shakopee City Council FROM: Barry A. Stock, Administrative Assistant RE: Bait and Switch Tactics DATE: December 14, 1988 INTRODUCTION• At the Council meeting on December 5, 1988 Mr. Wampach stated that several businesses in Shakopee were using deceptive advertising techniques to lure people into their stores for sale items which were not available. (Bait and Switch) At that time, Council directed staff to investigate the issue and report back to them. BACKGROUND: Following the December 4, 1988 meeting I met with Mr. Wampach to determine which businesses were employing the bait and switch tactics. Upon further investigation I did not discover any recurring evidence which could be used to approach the businesses in question regarding this issue. I will continue to monitor the businesses that were alleged to be engaged in the deceptive advertising. If I see recurring patterns occur, I will contact the Minnesota Better Business Bureau to report my findings. If you have any questions regarding this issue, please feel free to call me. (O MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Joseph P. Ries, Fire Chief RE: Informational, Election of Officers DATE: December 15, 1988 The Shakopee Fire Department held its annual election of officers in November. The following people were elected by the membership of the Fire Department, and will assume office January 1, 1989. I have decided not to seek reelection so I can pursue other areas of the fire service. Chief Charles Ries 1st Asst Chief Francis Ries 2nd Asst Chief Mark Huge 1st Captain Mary Athmann 2nd Captain Mike Theisen 3rd Captain Ed Siedow 4th Captain Dave Judd Engineer Robert Latzke Secretary Tom Pitschneider Treasurer Mike Ryan SPR/tiv 04oknper (Qnmmunitg Nerrentinn 129 Levee Drive Shakopee, MN 55379 Phone: 612-445-2742 Memo To: Dennie Kraft, Acting City Administrator From George F. Muenchow, Director - Community Recreation Subject : Progress Report/Stene Park Skating Rink Lighting Push Button Switch Date December 8, 1988 Approximately one year ago the City Countil authorized an experimental installation of a push button control for activating the outdoor ice skating rink lights at Stene Park. This was to be operational by the 1988-89 winter ice skating season. This ask has_been_comeleted. ---- A mechanism is in place and working that includes a push button mechanism on the exterior of the shelter building that can be activated for a 90 minute interval during the hours of 4-11 PM. When the lights go off after 90 minutes, they can then be re- activated for another 90 minutes, if someone wishes, during that four hour evening time period. The lights will not go on between 11:00 PH and 4:00 PM unless activated by another control switch inside the building which is only accessible by authorized personnel. If this experiment proves to be successful, we will then discuss with the Council the possibility of providing the same mechanisms at other rinks in the community. By next spring a similar switching system will be installed at the tennis courts at the Jr High School where the current system of coin operated switches has proven to be unworkable. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 1 Council seeks cleanup of Minnesota River /� rmunities and watershed man- least minimized, she said. ( agement organizations in the In an effort to provide information on - 4/ Minnesota River basin need to which Techniques work best to manage reduce "nonpoint" pollution entering nonpoint pollution, the Council is the river from their jurisdictions. If studying the effectiveness of several they don't, it could mean another costly ways to manage the pollution in the round of upgrading sewage treatment Metropolitan Area.The study, funded - plants on the river, which would net by the state Legislative Commission on only a minimal gain in water quality. Minnesota Resources (LCMR), is ser This is the message communities and for completion in lune 1989. watershed management organizations will behearing from the Metropolitan Council in 1989 as the Council, the 77ie real problem on Metropolitan Waste Control Commis- sion (MWCC) and the Minnesota the Minnesota River - Pollution Control Agency (MPCA) work toward reducing nonpoint pollution of is nonpoint pollution. the river by 40 percent —Carol Flynn d o pollution enters the river overer land or through storm sewers—in - runoff, for example, from agricultural - land, urban yards, streets and parking Promising-stormwater management lots, and from stream-bank erosion. techniques include creating settling - "Water is a major regional,resource, ponds, diverting runoff to wetlands, and the Council's goal is to make all improving urban land management and, _ the regions eaters swimmable.and in rural areas, instituting soil conserva- fishable' said Council Member Carol lion farming practices: Flynn. "To accomplish his, sve must The Council has just finished up address the problem of nonpoint pollu- - dating its regional sewer polity plan. - - tion" All communities in the seven-county. - The Council and the MWCC must area will soonreceivenotice of changes. also meet, in 1992, new effluent to the regional plan and will need to discharge limits for the Blue Lake and determine whether their local com- Seneca sewage treatment plants on the prehensive plans need amending to - Minnesota River. An MPCA study has conform with the regional plan.-Com- determined that a 40 percentreduction munities within the Minnesota River in organic pollutants is necessary to basin will also receivenotice of the - meet water quality standards in the need to reduce nonpoint pollution. Twin Cities Areas portion of the river Because some of the river's nonpoint- - during periods of low water Bows, pollution originates outside the seven- These pollutants include, among county area, solving the water quality others, organic soils, animal waste, problem requires cooperation from both • vegetative debris, oil and grease, and outsfate and Metropolitan Area com- organisms living in the waten inanities and agencies. The Council and MWCC are spend- Next July the MPCA will undertake a- ing $TIO million to upgrade the two four-year study, partially funded by the treatment plants, but these improve- LCMR, of nonpoint pollution in the ments will result in only a slight Minnesota River basin outside the - increase in the river's water quality, region. The study is expected to deter- according to Flynn. mine major sources of-the pollution and Even if the treatment plants were to what land uses contribute most to the cease discharging treated sewage into problem. the river, the MPCA study found, state -"State and regional agencies are com- _ - water quality standards would he miffing significant resources to protect - violated at certain times. water quality in the Minnesota River;' "The real problem is nonpoint pollu- said Flynn. As communities and water-. - tion;' Flynn said. Land use can have sheds join the effort, our chances for damaging impacts on water quality— success are multiplied:' - ■ impacts that can be prevented or at - Jeanne Inndkamer - �T m N o i m � y � 'an xvi Ip I PIT mNe ♦Ne e.e N tg Ml -.. MAMs 2 MMMM ro -eeeM1ee - eee weN ee e`e oee a ee o -eu 9m e_N0 ZZ: :M1M1 ePaYN�VN _ eN-Je - - M1e-1eNJa a4wTv M: A m m�mme- me m NeoJY-Ye - NeecauJYe u uJe u -I u y - \ t< nFONMNwe �N. N N i N i N LL I tit t n6• � Gro - - 7 5 w0 M� m i it I. m x m ro' in've�wmwlu - '' v � w w o e N ew .o we N•.uwaou...nm+.0 Ywro u .e Yeewo�m. rw - ' _ NNNYN w u u _ � ; YNYNaNeY�e�-ei� m m y I I � j W I I i i ' e i I I I I I CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED November, 1988 Yr. to Date Previous Year Number Number Valuation Number Valuation No. Ytd. Single Fam-Sewered 4 76* 5,301,291* 7 41 3,384,400 Single Fam-Septic 1 13 1,410,000 3 15 1,810,600 Multiple Dwellings - 3 276,800 - 8 4,570,500 (# Units) (YTD Units) (-) (7) - (-) (129) - Dwelling Additions - 49 247,663 1 61 320,117 Other - 7 225,995 - 16 354, 300 Comm New Bldgs - 4 612,200 - 5 1, 125,000 Bldg. Addns - 8 643,000 - 5 339,000 Industrial-Sewered - 1 915,000 - 1 600,000 Ind-Sewered Addns - 1 575, 000 - - - Industrial-Septic - - - - - - Ind-Septic Addns - - - - 2 167,475 Accessory/Garages 2 32 234,236 1 33 201,717 Signs & Fences 4 63 124,000 4 60 97,820 Fireplaces/Wood Stove 1 10 27,602 - 7 18, 100 Grading/Foundation 3 6 223,700 2 8 61,500 Remodeling (Res) 2 26 112,780 2 33 207,805 Remodeling (Inst) - - - - - - Remodeling (Comm/Ind) 4 25 342,220 2 35 505,506 TOTAL TAXABLE 21 324 11,271,487 22 330 13,763,840 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 21 324 11,271,487* 22 330 13,763,840 No. Ytd. No. Ytd. Variances 1 10 3 18 Conditional Use 1 22 - 15 Rezoning - 3 - 1 Moving - 3 - 3 Electric 18 270 14 235 Plbg & Htg 30 275 20 266 Razing Permits Residential - 3 - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date. . . . . . .4, 281 Cora Hullander *Totals adjusted to reflect cancellation of one Bldg. Dept. Secretary permit CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN NOVEMBER, 1988 8026 Tim Magalis 2051 Ea$lewood Lane House $ 82,300 8027 Michael Menke 638 E. 7 hAve. Garage $ 5,800 8028 Summit Energy 8267 Horizon Dr. Fireplace $ 2,400 8029 Signs of Quality 321 W. 1st Ave. Sign $ 780 8030 Mike's Riverside 232 Marschall Rd. Sign $ 100 8031 Amcon Corp. 4571 Valley Ind. Blvd. Fndtn $ 12,000 8032 Gardner Bros. 1888 He vita Dr. House $ 80,000 8033 Jack Brambilla 133 N�. Lewis Alt. $ 400 8034 Highland Mgmt. 1245 E. Shakopee Ave. Sign $ 2,840 8035 Lilac Const. 221 E. 1st Ave. Alt. $ 26, 000 8036 Amcon Corp. 671 Co. Rd. 83 Alt. $ 25,000 8037 Gardner Brothers 2010 rit ge Dr.� J House $ 76,866 9f 14-1 8038 Gardner Brothers 1893 HeriVagecbr. House $ 57,600 8039 Busse Const. 1478 akevie%ODr. Grading $ 500 8040 Ray Erickson 700 Industrial Cir. Alt. $ 19,000 8041 English Const. 614 E. 2nd Ave. Alt. $ 3,375 8042 Valleyfair One Valleyfair Dr. Fdtn. $200,000 8043 Fredrickson Lumber 1789 Co. Rd. 89 Stg. Bld. $ 6,000 8044 Gardner Brothers 2051 Heri age Dr. House $ 60, 347 / !% 8045 ' Arlen Stage 1 1105 9 Madison Alt. $ 1,700 8046 Attracta Sign 221 E. 1st Ave. Sign $ 3,000 MEMO TO: Dennis Kraft, Acting City Administrator FROM: Dave Hutton, City Enginee SUBJECT: Engineering Department Monthly Report for November DATE: December 13 , 1988 Attached is a project status report as of December 1 , 1988 for projects that the Engineering Department is involved in. A brief summary of several projects is as follows: Vierlina Drive West ( Project No. 1988-1) No change in status on this project from the last report. 11th Avenue (Project No. 1988-5) The final wear course of asphalt will not be placed on this roadway until next year. The remainder of the project has essentially been completed. Downtown Streetscane (Proiect No. 1987-2) Two light poles need to be replaced that did not meet specifications. Next spring, the annuals will be planted in the planters. Minor "punchlist" items will need to be finished next spring, also. All other work has been completed on this project. Prairies Estates Subdivision (Private) No change in status from the last report. Meadows Subdivision (Private) No change in status from the last report. Plans & specifications are being prepared for the Alley in Block 81 , the Alley in Block 55, and the trail and pond in Lions Park. Feasibility reports are being prepared for the 3rd Avenue Sewer and Water Project from Harrison West , the 3rd Avenue Reconstruction Project from Spencer to Shumway, the County Road 17 Sidewalks, Bluff Avenue from Marschall Road to Naumkeag, and 5th Avenue Extension from Fillmore to Market Street. DH/pmp STATUS 13 I-L- AF-1--v - ----�---- -- ----- ----- ----- ----- --- -I �- -_ -------- - ---- ---- - -- -- - -- - C �- = ---------- --------- ---- - -- ------ -- ----- ----- ------ - -a-- ---- ---- ---- --------- -- - - - --L-S--r-a--L-a-- ---- --------- ---- ---- --- - -3--I-- --L- --I-- -- ---- ---- --------- -----I- J---- ---- - -- ------------------- ----�0--- -- -- -- -- - -- - -- ---------- ----- ----- ----- --- ---- ---- ----- ----- - - '--g -- --1 ---- ------ ----- ----- - - 3 5 $ 3 ----- - -a�----- --------- ---- ---- ---- ---- ---- ------ ---- - ---- ----- ----- --- --- � - - ---- ---�---- ----�----- ----- ----- - --- ---- ---- ---- ----� ---- ----� ---- ---- ----� - ---- ---- ----� ---- ---- ---- ---- --------- -�- - S $ IIe --- -�---- - -- ---- ---- ------ -- -�®� e e aa -- - -- ---------- ----- ----- - -- 14 -� -�- - ---- - -- --L-1-- -a ---- -1 - -1-- _1 F -1 e a--- ---------- -----I ---- ---- ----- --I- ---- -- - ---- ---- - -- -- - L--- - - ----- ----L---- ----- ------ ----- ---------- ---- I - - ------- -- -- - - -�--� ----� --<- ---ep --e--�- -�--------I_ ---- ---- --- --- --a-1---- ---- ---- ------- ----- ----- ---- ----- ---- ----- ---I--- ---- ----`---------- --`---- ---- ---- - ---- --g - ------- -------------- ---- --- ------------�----L---- ---- ----- ----� ___-____�-_---- - ---- ---- ---- ---- -a-`-=-� s--� � � _ ----L-a-- ---- ----L- ----L----L - - �Y SHAKOPEE_COALITION MEETING MINUTES - DECEMBER_6,_1588 The meeting came together at 4:30 PM in the Meeting Room of the Citizens State Bank. Claude Kolb volunteered to serve as meeting chairperson. Members present: Chuck Dustrud (Scott County Human Services), Marianne Kibler (Scott County Extension Office), Tina Floyd (St. Francis Medical Center ), Theresa Roehrich ( let Natl Bank), Claude Kolb (Knights Of Columbus), Cheryl A. Champion (Community Action Agency), Jim Week. (Citizens State Bank), and George Muenchow (Shakopee Community Recreation) . Members introduced themselves and shared regarding programs currently taking place: a. Human Services. . . Developing a support group for young fathers. Laura Matuska serves as staff person. b. Lions Club. . . . . . . Claude Kolb also is a member of the Lions and they are providing funds for the Community Youth Building under construction in Lions Park. They are good at fund raising and like to assist worthy projects. C. County Extension— Focusing on teen health issues, particularly relating to social problems. Networking with other agencies on this concern. d. Chamber. . . . . . . . . . . . Theresa shared that the C. 0£ C. has apace in its monthly newsletter to highlight community needs. e. St. Francis. . . . . . . . Developing a Life Line Program to be used by people at home that are vulnerable to disabling situations. These rental units (telephones) cost about S12. 00 per month and have had great success elsewhere, particularly Methodist Hospital which is providing St. Francis with guidance in this effort. Need volunteers to place the units. Hope to have operational by mid January. Also looking for a Sick Child/facility. f. Community Action Agency— Busy with Food Shelf and Holiday Project with stacks of food etc in piles all over their building. Reported that Phyllis Hussong, who normally represents the Agency at these meetings, had emergency surgery this past week. Cheryl is involved with the Child Abuse Prevention Program. Interested in working with people before problems occur. She distributed materials related to this program. They work with Parente Anonymous. g. Recreation. . . . . S. C. R. is available to work with everyone in the community related to their leisure time interests. Neighborhood ice skating rinks with supervised warming houses will open December 17, weather permitting. The meeting adjourned at 5:20 PM. The next meeting is January 3, 1989 at 4 :30 PM. Respectfully Submitted, George F. Muenchow, Secty. ENERGY AND TRANSPORTATION COMMITTEE Regular Session Shakopee, MN November 17, 1988 Chairman Ziegler called the meeting to order at 7:05 P.M. with Commissioners Prudoehl, Leverson, Roman and Ziegler present. Commissioners Kahleck and Spiotta were absent. Also present was Barry A. Stock, Administrative Assistant. Roman/Leverson moved to approve the minutes of the October 13, 1988 meetings as kept. Motion carried unanimously. Mr. Stock reported that the current contract for the Dial-A-Ride Program expires on April 15, 1989. Since our current contract does not provide for an extension it becomes necessary for us to prepare bid specifications and rebid the dial-a-ride service. Mr. Stock noted that the proposed dial-a-ride bid specifications include the provision of service to Southwest Metro (Chaska, Chanhassen, and Eden Prairie) and the City of Plymouth. Mr. Stock stated that these cities were included in an effort to achieve the lowest possible price for the Shakopee Dial-A-Ride program as well as these services. Mr. Stock also noted that the bid specifications were prepared in such a fashion to allow for providers to bid on the entire service package including service to SWMTC, Shakopee and Plymouth; on an individual system or a combination of systems. Mr. Stock stated that following the opening of the bids, staff from each of the systems will review the bids and select the provider that offers the most efficient and cost affective service to their service area. Mr. Stock stated that it is possible for each individual system to have separate providers. Mr. Stock also noted that each individual system will have their own separate contract. The final selection of the provider will be determined by the Energy and Transportation Committee and City Council. Mr. Stock noted that the proposed service specifications maintain the level of Dial-A-Ride service that is currently being provided in Shakopee. Chairman Ziegler questioned whether or not the City would receive the administrative fee that we are currently receiving for administering the Southwest Metro System. Mr. Stock stated that once we rebid the contract, SWMTC will be operating under their own management authority with their own individual contract and therefore the City would no longer receive an administrative fee. Chairman Ziegler questioned where the dispatching center would be located and the vehicle storage facility. Mr. Stock noted that the exact location for these facilities was not specified in the proposal specifications and that it would not be known until the 1 proposals are opened. Mr. Stock did note however that each individual system would have their own local phone number. Mr. Stock then reviewed the various bid alternatives that providers may propose for the services being requested. Commissioner Leverson questioned whether or not the providers could bid each individual system individually and the entire service package as a whole. Mr. Stock responded in the affirmative. Mr. Stock noted that the proposed service is for a three year contract with a three year extension provision. Commissioner Leverson questioned whether or not there would be enough time between the bid opening and the Energy and Transportation Committee's January meeting for staff to review and interview the top three proposals. Mr. Stock stated that it may be necessary for the Energy and Transportation Committee to meet on a date different from the regularly scheduled meeting in January. Leverson/Prudoehl moved to recommend to City Council approval of the Dial-A-Ride bid specifications and to authorize the appropriate City officials to proceed accordingly. Motion carried unanimously. Mr. Stock reported that at the last meeting the Energy and Transportation Committee reviewed the refuse collection and recycling program proposed by Waste Management in response to the County's proposed Solid Waste Disposal Ordinance. At that time, the Energy and Transportation Committee recommended to City Council that a public hearing be held on the issue to answer questions that residents may have regarding the program. On November 1, 1988 staff presented the refuse/recycling program as proposed by the Energy and Transportation Committee to City Council for comment. At that time, the City Council did not indicate any opposition to the program and concurred that a public hearing should be held on the issue. However, the Council did not indicate whether or not they wanted to be present at the public hearing. Therefore, staff is suggesting that the Energy and Transportation hold the public hearing on Wednesday, December 14, 1988 at 7:00 P.M. in the City Council Chambers. Mr. Stock noted that he would invite each of the Council members to attend for their information and would request that at least one Council member be present at the hearing. Mr. Stock stated that he has met with officials from Waste Management and that a preliminary agenda has been developed. He noted that the meeting will begin with a brief historical background of the waste disposal problem provided by Al Frechette, Scott County Environmental Health Specialist. Staff 2 will then give a brief summary of the current recycling and refuse collection program. This will be followed by the review of the proposed service by Waste Management officials. Mr. Stock asked the Committee if they wish to add any thing to the agenda. Chairman Ziegler questioned whether or not Shakopee residents would have to buy the 65 gallon container that would be provided for refuse. Mr. Stock stated that the cost of the 65 gallon refuse container was included in the residential refuse collection fee. Commissioner Roman questioned whether or not Shakopee residents would have to pay for the recycling containers. Mr. Stock noted that he was attempting to negotiate a deal with the County whereby Shakopee residents would only have to pay half of the monthly fee for the recycling container. Mr. Stock noted that the normal fee would be $.40 per month. He stated that he was attempting to negotiate a 508 reduction in this monthly collection fee under a subsidized program funded by the County. Mr. Stock noted that Waste Management is now proposing a one container system for the collection of recyclables. He noted that earlier, Waste Management was proposing a three container system. They are now pursuing a one container system for the following reasons: 1. Shakopee residents are used to placing their recyclables in garbage bags and they fit very nicely in to the container. 2. Technology is currently being developed to provide for the placement of all recyclables in one common container to be separated at a centralized processing facility. 3 . The one container system would be easier for senior citizens to handle as compared to three separate containers. Mr. Stock briefly reviewed the credit system that is being developed for persons who recycle. Mr. Stock then gave a brief report on the status of the City's request for funding assistance associated with the recycling/refuse collection program. He noted that Scott County officials have informed him that they are unwilling to fund a hazardous waste collection program at this time. They are interested in a program but believe it should be done on a County wide basis. Mr. Stock noted that Scott County is also not willing to fund Spring and Fall leaf collection days at this time. Mr. Stock did note however that the landfill operator is willing to provide for the free dumping of debagged leaves and compost. Mr. Stock stated that he is working with Waste Management to develop some type of program to off-set the cost of Spring and Fall leaf collection days. Mr. Stock then noted that Scott County is not willing to waive the surcharge placed on our operator until we can initiate the program. Therefore, in an effort to maintain the current collection rate, staff is attempting to develop a payback plan to assist the contractor in covering the surcharge during the three month extension period. 3 Mr. Stock then reviewed the Dial-A-Ride and Van Pool Monthly reports. Under Other Business Mr. Stock stated that the Flex Pool Van is experiencing problems due to it's deviation from the fixed route. Mr. Stock stated that Van Pool Policy #4 provided for the Flex Pool and it's provision along a fixed route similar to the previously provided MTC route. He asked for a motion from the Committee endorsing the provision and enforcement of Van Pool Policy #4. Mr. Stock noted that the Flex Pool Van was never meant to deviate from the preestablished fixed route. Mr. Stock stated that he would like to send a correspondence to the Flex Pool Riders informing them of Van Pool Policy #4 and the rationale behind the Flex Pool Program. Mr. Stock noted that the Flex Pool route is fairly centralized and has several park and ride lots along the route. He also noted that if any of the current Flex Pool riders are upset with the enforcement of Van Pool Policy #4, they do have the option of riding another 8:00- 4:30 van pool that does have vacancies. Prudoehl/Roman moved to endorse the enforcement of Van Pool Policy #4 and requested staff to send a letter to the Flex Pool riders informing them of the policy. Motion carried with Commissioner Leverson abstaining. Leverson/Prudoehl moved to adjourn the meeting at 8:10 P.M. Motion carried unanimously. Barry A. Stock Recording Secretary 4 Minutes of the Community Development Commission City Council Chambers Shakopee, Mn November 9, 1988 Chairman Keane called the meeting to order at 5:30 P.M. with the following members present: Al Furrie, Jane DuBois, Tim Keane, Mark Miller and Terry Joos. Commissioner Donald Koopman was absent. Barry Stock, Administrative Assistant was also present. Furrie/DuBois moved to approve the minutes of the October 5, 1988 meeting as kept. Motion carried unanimously. Mr. Stock stated with the year coming to an end he thought it might be appropriate for the Community Development Commission to publish a newsletter on the activities accomplished this year and projects scheduled for 1989. Mr. Stock presented several newsletter topics to the Commission for their review and comment. It was the consensus of the Committee to request staff to begin putting together a draft copy of the CDC Newsletter for their review at their December meeting. Commissioner Keane also suggested that a highway project update be included in the newsletter and a summary of the 1988 Development and Building Permit Activity. Mr. Stock reported that he has received correspondence from the Department of Trade and Economic Development requesting that the City of Shakopee's One Year Work Program and Five Year Economic Development Plan be submitted to them by February 10, 1989. Mr. Stock reported that in light of our recent meeting with the Downtown Committee and City Council he felt that it would be a good time to put the City's One Year Work Plan and Five Year Economic Development Plan on a calendar year basis rather than a fiscal year. Mr. Stock then presented the City's current One Year Work Plan to the Commission for their review. The Committee then went through each of the goals as specified in the One Year Work Plan and determined which ones should be deleted. Mr. Stock noted that following the Downtown Committee's completion of their goals and objectives, they could be incorporated into the One Year Work Plan. Discussion ensued on possible goals for inclusion in the One Year Work Plan and Five Year Economic Development Plan. Commissioner Keane suggested that staff take all of the issues discussed by the Committee and develop a final draft for the Committee's review and consideration at their next meeting. Mr. Stock reported that several weeks ago he had the opportunity to attend the Twin West Development Fair. He noted that this 1 event was put together very well and attracted many potential developers and brokers. He noted that the Community Development Director from Prior Lake had approached him and questioned whether or not the City of Shakopee might be interested in co- sponsoring a joint development fair between the communities in Scott County. Mr. Stock questioned the Committee to determine if they were interested in such a development day. Commissioner Furrie stated that several years ago the CDC Day was successful in attracting people but had little impact on actually attracting new developers who pursued a project in the community. He questioned whether or not the cost was worth the effort. Chairman Keane questioned whether or not the City would receive any benefit from participating in a development day until such time that the major highway projects are under construction. It was the consensus of the Committee to not pursue a joint Community Development Commission Day with Prior Lake at this time. Mr. Stock reported that he is in the process of preparing the Celebrate Minnesota 1990 Grant application for submission to the Minnesota Department of Trade and Economic Development for the improvement of Huber Park. Mr. Stock shared with the Committee a listing of possible contributors to the project. He requested the Commission to provide assistance in contacting the contributors and also questioned whether or not the Commission has any other ideas for persons or organizations that could be added to the contributors list. Commissioner Furrie stated that the Rotary maybe a possible contributor for the project. Commissioner Joos stated that the Jaycees may also be interested in participating in the project. Dennis Kraft, Community Development Director then gave a brief update on the status of the Bergquist Company negotiations. Mr. Kraft stated that the Bergquist Company requested additional inducements from the City of Shakopee in addition to the inducements as set forth in the City's Industrial Development Assistance Program. Mr. Kraft further stated that the Shakopee HRA responded to the Bergquist Company by not offering any additional inducements at this time. To date, Mr. Kraft stated that he has not heard a reply from the Bergquist Company. Mr. Kraft then gave an update on the negotiations that are currently taking place between the City and Mebco Company. Mr. Kraft noted that Mebco Company does qualify for the City's Industrial Development Assistance Policy. He noted that they are currently looking for 50,000 square feet of building with the potential for expanding to 200,000 square feet. Mr. Kraft further noted that Mebco is also considering several other communities in the Metropolitan area as a possible site for their company. 2 Mr. Stock then reviewed the Business Update from City Hall. He also noted that the Planning Commission tabled action on the proposed park dedication fee increase as recommended by the Community Development Commission until further information could be provided. Mr. Stock stated that he felt that the park dedication fees would be approved at the December meeting of the Planning Commission. Mr. Stock then reviewed the 1987 Building Permit Activity Report as compared to the 1988 report. Discussion then ensued on the meeting time of the Community Development Commission. Since several of the members have a difficult time meeting at 5:00 P.M. , it was the consensus of the Committee to change the meeting time to 5:30 P.M. Joos/DuBois moved to adjourn the meeting at 7:10 P.M. Barry Stock Recording secretary 3 17 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Regular Session City Council Chambers Nov. 9, 1988 Chairman Laurent called the meeting to order at 7:45 A.M. with the following persons present: Gary Laurent, Ruben Ruehle, Mary Keen, Melanie Kahleck, Bill Wermerskirchen, Shiela Carlson and Barry Stock. Absent were: Harry Koehler, Jim Stillman, Terry Forbord and Jerry Wampach. Ruehle/Carlson moved to approve the agenda of the November 9, 1988 meeting. Motion carried unanimously. Kahleck/Keen moved to approve the minutes of the October 19, 1988 meeting as kept. Motion carried unanimously. Mr. Stock noted that on October 25, 1988 a joint meeting was held between the Shakopee City Council, Community Development Commission and Downtown Committee. At that time, it was the consensus of the City Council to request the Downtown Committee to narrow their focus and identify two or three major goals that they felt needed to be accomplished in the downtown area. City Council also requested that completion dates and cost estimates be attached to each of the goals identified. Mr. Stock suggested that the Downtown Committee discuss what they feel are the three most important goals for the Downtown Committee to work on in the next year. He suggested that following the discussion, he would prepare a final draft for the Committee's review at their December 14, 1988 meeting. Mr. Stock further stated that he would like to have the Community Development Commission review and approve the goals established by the Downtown Committee at their meeting in December. Following the CDC's review and approval, the goals would be forwarded to City Council for their consideration on December 20, 1988. Mr. Laurent suggested that we review the goals that were previously established by the Downtown Committee several months ago. Mr. Stock suggested that the Committee should attempt to identify goals that are more broad based and objectives that are more focused and measurable. Mr. Laurent suggested that the Committee should attempt to maintain their original focus and mission which was to improve the economic vitality of the downtown area. It was the consensus of the Committee to maintain this as the mission statement of the Committee. Mr. Wermerskirchen suggested that one of the Committee's first goals should be to identify which two or three sites are most appropriate for attracting developers. Commissioner Wermerskirchen also questioned what type of development could 1 occur in Huber Park. Mr. Stock updated the Committee on the Celebrate Minnesota 1990 grant application that is being pursued to improve Huber Park as usable park land. Mr. Stock noted that while commercial development could be done in the Huber Park area, it would be very costly and there may be problems with using dedicated park land for commercial purposes. Mr. Stock noted that the grant application would simply provide for the landscaping of Huber Park and general clearing to make it an attractive entry point into the community. Mr. Wermerskirchen then questioned the status of the marina. Mr. Stock provided some background to the Committee on the property owned by Mr. Sweeney. Mr. Stock noted that Mr. Sweeney has expressed interest in developing this property for a marina and is currently working with the Department of Natural Resources to obtain necessary dredging permits. Mr. Stock stated that he felt it would be several years before a marina would be developed. Mr. Stock also stated that the marina was a fair distance from the downtown area and that it probably should not be included as a goal for the Downtown Committee. Discussion ensued on the development of a property inventory in the downtown area. Mr. Laurent stated that he felt a property inventory would be useful in providing information to developers who are interested in developing parcels in the downtown area regardless of whether or not the City pursues the request for proposal process. Commissioner Kahleck stated that it was necessary for the City to pursue a property inventory analysis before certain parcels could be identified for development and/or redevelopment. Mr. Stock noted that some type of rationale must be developed before the Downtown Committee can make a recommendation on which parcel and/or parcels should be targeted for development and/or redevelopment. Mr. Laurent stated that in conjunction with targeting parcels for development and/or redevelopment, the City must establish some parameters by which acquisition and/or condemnation will occur. It was the consensus of the Committee that an acquisition/condemnation policy should be one of the objectives to be developed and proposed to City Council for approval. Discussion ensued on what types of commercial businesses are needed in the downtown area. Mr. Wermerskirchen stated that he felt that a hotel or motel would be a viable business opportunity in the downtown area. He also stated that a hotel in the downtown area would bring in shoppers. Several other business opportunities were also discussed by the Downtown Committee. Mr. Wermerskirchen suggested that the Committee should attempt to develop amenities downtown which will attract traffic to the downtown area and particularly pedestrian oriented shoppers. Commissioner Ruehle stated that one item which would create traffic in the downtown area was a City Hall. He felt that a City Hall should located in the downtown area on one of the parcels identified for redevelopment. 2 �7 Mr. Stock then gave the Committee a brief update on the status of the mini by-pass. He stated that Mayor Lebens was not opposed to the mini by-pass but was opposed to the City's contribution of funds to the project, the elimination of City parking lots which were partially assessed and the temporary termination of Levee Drive at the bridge head. Mr. Stock stated that Mayor Lebens has recently suggested that the South half of block 3 and the City Hall block be demolished and replaced with a new City Hall at the point of the new bridge head with parking lots on the East and West side of the new City Hall. The Downtown Committee expressed interest in Mrs. Lebens concept and stated that they have always supported the location of a City Hall in the downtown area. Mr. Stock stated that Mayor Lebens concept is similar to the plan suggested earlier by Council member Wampach. The Committee felt that the location of a new City Hall in the downtown area at it's present site or in relation to the parcels proposed for redevelopment by Mayor Lebens would have three immediate positive impacts including: 1. Construction of a new City Hall, 2. The elimination of blight and 3. The creation of additional parking. Discussion ensued on whether or not the Committee should set as a goal development of a facade improvement program. Commissioner Kahleck stated that she felt the improvement of the buildings in the downtown area was important but that it should not be one of the first priorities focused on by the Downtown Committee. She suggested that when the final goals are developed that they be prioritized in order of importance. Commissioner Ruehle stated that several of the downtown property owners were waiting to improve their facades until the mini by-pass is complete and a common theme could be developed for the downtown area. Commissioner Kahleck stated that before we establish goals we should attempt to identify what we want our downtown to do. Mr. Stock suggested that perhaps before developing a list of what we need in the downtown area we should complete the property inventory. Certain parcels may lend themselves better to certain types of development activity as compared to other parcels in the downtown area. Upon identifying those parcels, the Committee can attempt to identify through the use of a survey or some other type of analysis what uses are most appropriate for the parcels identified. Commissioner Kahleck suggested that design standards be developed in the 8-3 Zone and adopted as ordinance. Presently, she stated the City has design standards for developers who utilize City assistance programs in the downtown area. She suggested that once the road improvements are complete, property owners will build new buildings or remodel on their own without the use of City assistance programs and may construct or redevelop using types of materials that do not lend themselves to the type of atmosphere the City is trying to create. It was the consensus of the Committee to include this as one of the objectives of the Downtown Committee. 3 Commissioner Keen questioned whether or not housing was needed in the downtown area. She noted that the blue book plan called for an additional 100 units of elderly housing in the downtown area. Mr. Wermerskirchen stated that in his opinion, the creation of new housing in the downtown area should be a goal of the Downtown Committee. He noted that persons living in the downtown area would be more apt to shop in the downtown area. Mr. Laurent stated that housing could be one of the needs developed by the Downtown Committee to be included in a future request for proposal package. It was the consensus of the Committee to have staff prepare a final listing of the goals and objectives discussed by the Downtown Committee. Mr. Stock stated that he would have a second draft of the goals and objectives complete by the Committee's next meeting. Kahleck/Wermerskirchen moved to adjourn the meeting at 9:10 A.M. Motion carried unanimously. Barry Stock Recording Secretary 4 TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 20, 1988 Mayor Dolores Lebens presiding 1] Roll Call at 7:00 P.M. 2] Recess for H.R.A. Meeting 31 Re-convene 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 7] Communications: a] Gloria Vierling re: Letter of Endorsement for MWCC Commissioner for District 13/14 b] Timothy Keane re: Resignation from the CDC c] Jim Slavik, Scott County re: Scott County Courthouse Parking Plan 8] Public Hearings: None 9] Boards and Commissions: Planning Commission: a] Park Dedication Fees Energy and Transportation: b] Refuse Contract Amendments - Res. No. 3001 10] Reports From Staff: (Council will take a 10 minute break around 9:00 p.m. ) a] Murphy's Landing Request b] Playground Equipment Bids *c] 1988 Capital Equipment, Air Packs *d] Computer for Direct Data Transfer to State Terminal *e] Downtown Streetscape Project No. 1987-2, Change Order No. 9 *f] 13th Avenue, Vierling Drive Street Improvements Project No. 1987-12, Partial Estimate Voucher No. 9 *g] Vierling Drive Project No. 1988-1, Partial Estimate Voucher No. 4 h] Upper Valley Drainage - Authorization to Obtain Soil Borings at the Mill Pond i] Marschall Road at County Road 16 j ] Non-Union Employee Benefits TENTATIVE AGENDA December 20, 1988 Page Two 10] Reports from Staff continued: k] Health and Life Insurance Bids 1] Approval of the Bills in the Amount of $3,626,196.10 *m] Municipal Parking Lot Leases *n] 1989 Cigarette Licenses o] Contract with Municipal Ordinance Codifiers for Update the City Code p] Reimbursement of Fees from Scott County Lumber Company Litigation 11] Resolutions and Ordinances: a] Res. No. 2999, 1989 Pay Schedule for Officer & Non-Union Employees *b] Res. No. 3000, 1989 LAWCON Grant Application (East Side Park) c] Ord. No. 261, Housing Code d] Res. No. 2995, Amending Res. No. 2987 Adopting the 1989 Fee Schedule *e] Res. No. 2996, Appointing the Commissioner of Transportation as the City's Agent for Federal Projects *f] Res. No. 2998, Receiving a Report and calling a Hearing on Improvements to 3rd Avenue West between Harrison and Hwy 169 *g] Res. No. 2997, Declaring Adequacy of Petition and Ordering Preparation of Report for Alley Improvements to Block 7 Jasper & Smith Addition 12] Other Business: a] b] 13] Adjourn. Dennis R. Kraft Acting City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting December 20, 1988 Chairman Steven Clay presiding 1. Roll Call at 7: 00 P.M. 2. Approve the Minutes of the December 6, 1988 Meeting 3 . Shakopee Valley Square TIF Project 4 . Other Business a. b. 5. Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Regular Session Shakopee, MN Dec. 6, 1988 Acting Chairman Wampach called the meeting to order at 7:07 p.m. with Comm. Scott and Zak present. Also present were Dennis Kraft, Acting City Administrator; Mayor Lebens; and Julius A. Collar II, City Attorney. Zak/Scott moved to approve the minutes of November 1, 1988, and November 15, 1988. Motion carried unanimously. Scott/Zak moved to table the letter of credit discussion on Shakopee Valley Square TIF Project until December 20, 1988. Motion carried unanimously. Scott/Zak moved to adjourn. Motion carried unanimously. Meeting adjourned aatt7:10 p.m. ,E7 Dennis Kraft Executive Director Carol Schultz Recording Secretary "W3 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Shakopee Valley Square Tax Increment Project DATE: December 16, 1988 INTRODUCTION• At the meeting of December 6, 1988 the HRA tabled action on the letter of credit for the Shakopee Valley Square Tax Increment Project until December 20, 1988. BACKGROUND: July, 1986 the BRA entered into an agreement with the Shakopee Valley Square Partnership wherein the HRA would provide tax increment assistance in the amount of $330,000 provided that certain improvements were made to the Shakopee Valley Motel. Subsequent to that the contract was amended and the established deadline dates were extended. After a period of slightly over two years very limited progress was made on the project and the HRA found the project to be in default. Last month, the HRA terminated Tax Increment District #6 and also terminated the contract between the HRA and the Shakopee Valley Square Partnership. At the time of project termination, however, the HRA did not draw on the $50,000 letter of credit which was had been posted to insure performance under the contract. The HRA tabled action on the letter of credit until the meeting of December 6th. At that time, at the request of Mr. Wallace Bakken, the HRA again tabled action on this item until the meeting of December 20th. The Executive Director spoke with Mr. Bakken on December 14th about his progress on obtaining financing. Mr. Bakken indicated that he had still not obtained financing and that he requested that the HRA give him additional time to obtain project financing. At this time the $50, 000 letter of credit is more then sufficient to cover the outstanding costs that have been incurred by the HRA relative to the issuance of the bonds for this project. In as much as several deadlines have passed without evidence of project financing, and that the future prospects of financing appear to be unclear at this time, the HRA needs to determine how long it wants to continue waiting for this project to obtain financing. ALTERNATIVES• 1. Draw on the letter of credit in an amount sufficient to cover the shortfall of the project including project issuance costs and capitalized interest which have not been covered by investment revenues and allow the remainder to be returned to the Shakopee Valley Square Partnership. 2. Continue to hold the letter of credit and table this item until the BRA meeting of January 17, 1989. 3. Refund the entire $50,000 letter of credit to the Shakopee Valley Square Partnership at this time and terminate future discussions with the developer. RECOMMENDATION• Alternative #1 is recommended. ACTION REODESTED: Move to direct the Executive Director and the City Director of Finance to determine the amount due the BRA by the Shakopee Valley Square Partnership and to provide a summary of these costs and accompanying resolution to the BRA for action to draw upon the $50,000 letter of credit at the January 3, 1989 BRA meeting. CC: Wallace Bakken Brian Alton 7a, MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Metropolitan Waste Control Commission (MWCC) Endorsement DATE: December 15, 1988 Introduction There is an opening for MWCC Commissioner for District 13/14 effective January, 1989. In the past the City Council has periodically taken positions on endorsing individuals to fill vacancies on regional boards and commissions where the welfare of the City of Shakopee is affected. Background Councilmember Gloria Vierling is soliciting a letter of endorsement for the position of MWCC Commissioner for District 13/14. The needs of the City of Shakopee have not been well represented by the current MWCC Commissioner for this district. It is clearly in the best interest of the City to have someone who will actively advocate positions which will be positive for the future growth of the community. Councilmember Vierling is well aware of the needs of the community and is willing to spend the time necessary to positively represent Shakopee and other southwestern area communities. Alternatives 1. Endorse Councilmember Gloria M. Vierling for MWCC Commissioner for District 13/14. 2. Do not endorse any candidate for MWCC Commissioner. Recommendation It is recommended that the City Council endorse Gloria Vierling's candidacy for the MWCC. Action Recommended Move to endorse the appointment of Gloria M. Vierling as Commissioner of the Metropolitan Waste Control Commission for District 13/14. DRK/jms 7 'RECEIVED DEC 1 51988 12-14-88 CITY OF SHAKOPEE Dear Mayor and Council: _ The M.W.C.C. Commissioner for District 13/14 is open for appointment or re-appointment by the Metropolitan Council in January 1989. I am soliciting a letterofendorsement for this position from you. The Southwest Communities continue to fall behind in infrastructures such as sewer capability and transportation. Siting future landfills, of course, cannot be ignored. If appointed, I can promise to actively support the needs of our area. I live in Shakopee, County of Scott and understand the needs of our Communities. Again, a letter of support to the Metropolitan Council would sincerely be appreciated. If there are further questions, I can be reached at 445-3018. i ,Cul Respectfully, Gloria M. Vier ling 76 MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Resignation from Community Development Commission (CDC) DATE: December 15, 1988 Introduction Timothy J. Keane, the present Chair of the Shakopee Community Development Commission has submitted his letter of resignation, effective January 31, 1989. Mr. Keane recently changed his place of employment and is no longer working in the City of Shakopee. It is recommended that the City Council accept Mr. Keane's resignation. Action Requested Move to accept the resignation of Timothy J. Keane from the Shakopee Community Development Commission, with regrets. DRK/jms ••• LARKIN, HOFFMAN, DALY & LINDGREN, LTD. x� ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFP OWEp xx ii 7900 XERXES AVENUE SOUTH 222 BOUT NH STREET L[n BLOOMINGTON,MINNESOTA SS431 MINNEAPOLIS,M NESOTR SS 2 TELEPHONE 16121836-3800 TELEPHONE 16121336-6510 TELECORIER 16121835-5102 TELECOPIER 1612)338-1002 x ex• nex NORTH SUBURBAN OFFICE Ix x 8990 SPRINGBROON DRIVE.SUITE 260 SRI LISA A. I COON RAPIDS.MINNESOTA 55033 nx TELEPHONE 161ZI786 7117 I TELECOPIEP 16121786-6711 "ANxRx Reply to Bloomington December 14, 1988 Mayor Dolores Lebens and Members of the City Council City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Lebens and Members of the City Council: It is with sincere regret that I submit this resignation from my position on the Shakopee Community Development Commission. The last four years have witnessed great progress in the development of the City of Shakopee and I have been honored to be a participant in the community during that time. I look forward to working with the City of Shakopee in the future. Please call on me if I can ever be of assistance. Sincerely, Timothy J. Keane, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. kw CC. Dennis Kraft, City Administrator TJK:BF6s 7G MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Request from Scott County on Parking Limitations on Streets in the Vicinity of the Scott County Courthouse DATE: December 14, 1988 Introduction The attached letter was received from Mr. Jim Slavik, the Central Services Director for the County of Scott. Mr. Slavik is requesting two hour parking time limits on various streets around the Scott County Courthouse. Background Parking problems have been perceived in the vicinity of the Scott County Courthouse. Apparently some people, such as County employees, are parking all day on streets in the vicinity of the Scott County Courthouse. This results in inconvenience for visitors to the Courthouse. These people must either park in the adjacent off street parking lot or park on streets at locations farther from the Courthouse. This matter was discussed with the Chief of Police and he indicated that he thought it reasonable that two hour parking be posted for the west side of Holmes Street in the Courthouse block. However, Chief Brownell expressed some concern about restricting parking along the south side of 4th Avenue, the north side of 5th Avenue, the East side of Fuller Street and around Block 57 which is the parking lot located between the Courthouse and St. Francis. The Chief specifically indicated that he thought there is not an over abundance of off street parking in that parking lot and that the introduction of an extensive amount of two hour parking would perhaps result in people moving farther out into the residential areas in an attempt to find parking. The matter was also discussed with City Engineer Dave Hutton. It was Dave's recommendation that the City restrict parking on the west side of Holmes Street in the Courthouse block and that a study be conducted of the impact of restricting parking to two hours in the other areas requested by Scott County. Alternatives 1. Post the area along the west side of Holmes Street in the Courthouse block for two hour parking. 2 . Restrict parking to two hours for all of the areas requested by Mr. Slavik. 3. Make no changes in the parking restrictions around the Courthouse until a study could be conducted on the impact of this parking. 4. Study the impact of two hour parking restrictions on the streets requested by Scott County and report back to the City Council at the January 3rd meeting. Recommendation It is recommended that the City Council restrict parking to two hours along the west side of Holmes Street in the Courthouse block and that they direct the City Engineer and the Chief of Police to evaluate the impact of parking restrictions in the other areas requested by Scott County. Action Recuested 1. Move to post the west side of Holmes Street in the Courthouse block for two hour parking. 2. Move to direct the City Engineer and the Chief of Police to evaluate the impact of posting two hour parking restrictions on the south side of 4th Avenue in the Courthouse block; the north side of 5th Avenue in the Courthouse block; the east side of Fuller Street in the Courthouse block, and on the west side of Fuller Street in Block 57. DRK/jms SCOTT COUNTY CENTRAL SERVICES G COURTHOUSE B6 SHAKOPEE, MN.55379-1398 (612)445-7750, Ext.151 December 1, 1988 CITY OF SHAKOPEE Att: Mr. Dennis Kraft Acting City Administrator 129 First Avenue E. Shakopee, MN 55379 Re: Scott County Courthouse Parking Plan Dear Mr. Kraft: A Parking Plan Revision has recently been completed for the Scott County Courthouse parking lots. As part of this revision, we wish to also address the parking on city streets surrounding the Courthouse building. Please consider this as a formal request to provide posted two (2) hour parking limits for on-street parking around the Courthouse Square block. The following streets would be effected by this change: A. Courthouse Block, West side of Holmes Street B. Courthouse Block, South side of Fourth Avenue C. Courthouse Block, North side of Fifth Avenue D. Courthouse Block, East side of Fuller Street E. Block 57, West side of Fuller Street (parking lot west of Courthouse) I have already talked with Chief T. Brownell, Shakopee Police Chief, and Ray Ruuska, of the City Engineering Department; and the request meets with no resistance from their standpoint. In addition, if the City wishes to carry the parking limits onto further City streets, I would recommend that this be done at the same time. Please call me, at your earliest convenience, to arrange a meeting to discuss this project, to further address any questions or concerns that may exist. An Equal Opportunity Employer Page Two Courthouse Parking Plan Thank You for your immediate attention to this request by Scott County. Please contact me at the above address or telephone number (612) 496-8114. Sincerely, J m Slavik C ntral Services Director JRS/js cc: Cliff McCann, Deputy County Administrator Fleet Management Team Members File:FLEETMGT I 90. MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Park Dedication Fees DATE: December 14, 1988 INTRODUCTION• At the City Council work session on February 22, 1988 the Council indicated they wanted a review of various park fees. The staff prepared an analysis and review of the City's current park dedication fee structure and presented the information to the City's Community Development and Planning commission for their review and comment. Subsequent to holding a public hearing on amending the park dedication fee ordinance, the Planning Commission is recommending to City Council an increase in the park dedication fees. BACKGROUND- The Community Development Commission reviewed the park dedication fee structure in terms of methodology and assigned fee schedule during May and July of this year. Shown in attachment #1 is a survey of park dedication fees for several communities in the Metropolitan area including Shakopee. (Please note that each of the cities are categorized by growth area or ring as defined by the Metropolitan Council. ) Staff believes that Shakopee's fees should be comparable to those charged by other cities within the development ring, provided that a methodology can be developed which substantiates the proposed fees. Survey results indicate that Shakopee's park dedication fees are generally lower than most other communities in the developing ring. This is probably partially the result of no adjustments being made to our schedule since it's enactment in 1981. Shown in attachment #2 is a comparison of various city application fees. This attachment compares and contrasts the Shakopee fee structure with similar development projects in the communities surveyed. From this comparison one might conclude that Shakopee is lagging behind in it's park dedication fees. Shown in attachment #3 is a copy of the five year park improvement plan as approved by the City Council. Attachment #4 is a copy of the park reserve fund budget summary for the years 1983 to 1987 actual, and projections for the next five years. The park reserve fund summary outlines the amounts collected from fees, contributions and other sources and for what those funds are expended. Staff would like to note that the monies received annually through park dedication are divided on a 60/40 basis for improvements and acquisitions respectively. The attached data indicate that the City of Shakopee receives an unusually large amount of contributions from community organizations. From 1983 to 1987 contributions accounted for 283 of all revenue. Staff would also like to note that the City does not pay for park acquisition or improvements from the general fund. The park reserve fund budget summary projects that contributions from City organizations will continue in the amount of approximately $4,000 annually. This may be an optimistic projection. Assuming completion of the projects as proposed and the continued support by community organizations, the unreserved portion of the park reserve fund will be running in a deficit position in 1989. The unreserved portion is dedicated for park development. (See attachment #4) The receipt of state and federal grant funds has not been projected due to the phasing out of many of these programs and the intense competition that presently exists for grant funding. Regardless of what other communities are charging for park dedication fees, staff believes that the intent of the park dedication fee ordinance is to have a fee that is justifiable in terms of the impact of the development on the community's park system. Therefore, a methodology that will withstand legal challenge must be developed. The rationale that our fees are similar to what other communities are charging would not be sufficient to withstand judicial challenge. Therefore, staff has developed what we believe is a proper methodology which justifies the impact of developments upon the community and corresponding payment (fee) in lieu of park land dedication. The methodology developed by staff is shown in attachment #5. The Planning Commission concurred with staff's recommendation on the proposed fee for residential dwellings but was opposed to staff's proposed commercial/industrial fee ($1500 per acre) . The Commission felt that in light of the following considerations, the commercial/industrial fee should be increased to $2,500 per acre: 1. The City's ambitious five year park improvement plan and the need for park improvements; 2. The impending shortage of funds to complete park projects; and 3. The City's past practice of not using general fund dollars for park improvements. C. If the City of Shakopee is to keep up with the demand for parks, increasing park dedication fees should be considered at this time. The Planning Commission is therefore recommending the approval of the park dedication fee schedule and methodology for residential properties as set forth in attachment #5 and a commercial/industrial fee of $2500 per acre. ALTERNATIVES• 1. Move to approve the park dedication fee schedule and methodology for residential properties and a commercial/industrial park dedication fee of $2,500 per acre and direct the City Attorney to prepare the necessary ordinance amendment. 2. Move to approve the park dedication fee schedule and methodology as originally proposed by staff and direct the City Attorney to prepare the necessary ordinance amendments. 3. Amend the park dedication fee schedule and/or methodology and move it's approval. 4. Table action on this issue pending further information from staff. 5. Do nothing until completion of the City's Comprehensive Plan. RECOMMENDATION• Staff recommends alternative #1. ACTION REODESTED: Move to direct the City Attorney to prepare the necessary documents amending Shakopee City Code, Section 12.07, Subd. 6 increasing the required cash contributions in lieu of land dedication for park purposes for new subdivisions in accordance with the dwelling unit density methodology and following fee schedule: Single Family - $400.00 Duplex (2-3 units) - $338.00 Townhouse (4-6 units) - $312.50 Apt. (more than 6 units) - $250.00 Commercial/Industrial - $2500.00 per acre tnO r ^ O r ^ Oto K] tn — .3 w N G w N x M 0 W M g O N N o I a O < J m tP W N WO rV1 � C . 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T C � f�p fJ d � a y� � � ✓ �3� � imp N ^pJ a � ^�� r n £� ^� d � 'O q� ME- 0 : C' E f' r• C\I ILP R ur N N K OCi F 2L �2S t"l a fJ r O w O f+ geCCce+JJ+-11 `G (dpT I > > I O N O O O O O O O O O lT UI H O tT N 0 0 O O O O 00 O O O V N O O O 1 O O � O N � O p W N H O p O N 1 O O 1��Fpp+ O p 1 O p0 N O 0 � o � � 65 ID N = ID N F N- V F+ 1+ Y- T � J � O O fn 000 p3 d r. 4'O � O O- O0 N E rI,FOO �n 2 r* E 5 � r � � rr- CK � lT rmr �u 0 a m � nf- � rrr d r G r w rt R 0 0 X N N N N O O O O N O O O N N O Y u O h 0 0o O 0 r Y -a tp 0 m Y 1-' e I� N O II N . O � C V a r� pp yal d O C C C C C • r n l Nf O� • O P B O P P m P `L N W S • N O P , ,y N 1 N N � O L I w 1 0 o Clc ccoo o . 00 ; o a o co d o a o o o P c � 1 _ _ � O � I �i O � 1'1 N 1 w 1 1 r-1 V rl I i N Q e i 1 vl in O • O � m 0 .O � S S I P �n . S m S O � n � O S O � m r l �'+ •+f r N S •d O W N m .-� N � N vl ; O vl � vl P L m N ; O � rd � N W 1 P W • W 6 j 1 d F W a• J d C m i-1 d d W O a V m y 'O d d m OO u d G Q 1' N m d L L L N EON d > m L d OU mY9U4iEG U C! '� 7 f• +' G N C 1+ d aYY m4E C � 4 m w F4U G C C 0 ++ d m J Y u w w Y J Y O % O 1++ 9 d O O O C 3 C v O m d d m C E E O m m M F P Y m V m O m C O d O J m d d ll an d d _ C Attachment #Jr Park Dedication Fee Methodology RESIDENTIAL DWELLING UNIT DENSITIES* A. B. B - A Total Total Population Persons/Unit S.F. - 3062 d.u. 9828 3 .2 Apt. - 741 d.u. 1447 2.0 Duplex - 174 d.u. 462 2 .7 Townhouse - 549 d.u. 1371 2 .5 Residential Property Methodology 1. National Park and Recreation Association Standard - One 10 acre neighborhood park per 1000 persons. 2 . Cost of 1 acre of undeveloped residential property- $10,000.** 3. City of Shakopee average subdivision dwelling unit density- 2.5 units per acre. 4. City Ordinance residential subdivision park dedication requirement - 10% of total development land area. 5. Average cost per dwelling unit for development of a one acre neighborhood park - $10,000 acre -. 2.5 units per acre X lot _ $400.00 6. Cost per person for development of a one acre neighborhood park $400 - 3.2 = $125.00 Cost per Unit (Proposed Park Dedication Fee Schedule for Residential Property) S.F. - $400 (3.2 x 125) Duplex (2-3 units) - $338 (2.7 x 125) Townhouse (4-6 units) - $312.5 (2.5 x 125) Apt. (more than 6 units) - $250 (2.0 x 125) Commercial/Industrial Property Methodology 1. Ave. Dwelling Unit Density per acre = 2.5 2. Cost of 1 acre of undeveloped commercial/industrial property - $15,000 3 . Ave. cost per dwelling unit for development of a one acre neighborhood park on commercial/industrial property- $15,000 acre - 2.5 units per acre x 10% _ $600.00 Cost Per Acre (Proposed Park Dedication Fee Schedule for Commercial/Industrial Property) Commercial/Industrial - $1,500 = (2.5 x $600) *Annual school district census **County Assessor qb MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: City of Shakopee Refuse Contract Amendments DATE: December 15, 1988 INTRODUCTION• In November, the Scott County Board of Commissioners approved a Solid Waste Disposal Ordinance. The ordinance requires all refuse collectors in Scott County to be licensed. Additionally, all refuse collectors will be requested to provide a recycling service to their customers. The ordinance also imposes a $2.00 per gate yard surcharge on all refuse disposed of at the Louisville Landfill. Scott County's Solid Waste Disposal Ordinance has a dramatic effect on our current refuse contract and rates. Several actions are necessary on the part of City Council to assist our refuse contractor in complying with the requirements of Scott County's Solid Waste Disposal Ordinance. BACKGROUND• Landfill Surcharce and Proposed Rate Increase In October, I shared with City Council the potential impacts of Scott County's Solid Waste Disposal Ordinance on Shakopee. At that time, City Council directed the appropriate City officials to seek a three month extension to the Scott County Solid Waste Disposal ordinance which would exempt the City of Shakopee and Waste Management from the provisions of said ordinance during a three month extension period. Scott County has agreed to exempt our refuse hauler from having to provide recycling services during the three month exemption period but is unwilling to exempt them from the $2.00 landfill surcharge. Consequently, Waste Management Inc. is requesting the City of Shakopee to approve a rate increase to off-set the costs that will be incurred by our contractor as a result of the landfill surcharge increase. Shown in attachment 41 is a letter from Mike Burkopec, General Manager Waste Management requesting that the refuse collection rates be increased by $.78 per home per month to compensate for the higher disposal fees. Waste Management is requesting that the rate increase be effective January 15, 1989. On December 14, 1988 the Energy and Transportation Committee reviewed Waste Managements request. At that time, the Committee moved to recommend to City Council that the refuse collection rates be increased as requested. If Council concurs, it would be appropriate to approve Resolution #3001 amending the 1989 Fee Schedule providing for an increase in the refuse collection rates effective January 15, 1989. (See attachment #2) . Proposed Refuse Program Under the provisions of the Scott County Solid Waste Disposal Ordinance, refuse haulers will be required to provide recycling services to their customers. Since September, the Shakopee Energy and Transportation committee has been working with waste Management to develop a refuse/recycling program that is both convenient and cost effective for Shakopee residents. On December 14, 1988 a public hearing was held by the Energy and Transportation Committee to solicit comments from Shakopee residents regarding the proposed program. The program as proposed by the Energy and Transportation Committee will provide each residential customer with a 65 gallon refuse container. The proposed monthly collection rate for the 65 gallon container is $9.80 per month for regular refuse collection and $8.30 per month per home for senior citizens. Additional refuse that a customer may have that does not fit into the 65 gallon container maybe disposed of for an additional fee. The Energy and Transportation Committee is proposing that a voucher system be developed for Shakopee Residents to dispose of additional wastes. For each additional 30 gallons of materials disposed of, customers would be required to place a voucher (tag) with their name and address in order to ensure pick-up. (See attachment #3 for sample) The cost of each voucher would be $1.00 and the voucher would allow for an additional 30 gallons of materials to be collected. The vouchers would be prepaid by the customer and made available at several locations throughout the community. Waste Management will also be developing a fee schedule for special waste that would not normally fit into a container such as bicycles, Christmas trees, etc. Proposed Recycling Program Customers who on a regular basis have garbage in excess of the 65 gallon cart will have the option of acquiring an additional 65 gallon cart for an additional fee of $5.00 per month. Curbside Recycling Program The Energy and Transportation Committee is proposing that our refuse hauler offer curbside collection of recyclables in conjunction with regular refuse collection. Waste Management will be responsible for providing and maintaining recycling containers (20 gallon bin) for each household in Shakopee. Costs associated with the recycling program are included in the aforementioned rate. Waste Management has agreed to turn over all revenues - generated from the sale of the recyclables and the Scott County Tonnage Grant Program to the City of Shakopee. The Energy and Transportation Committee is proposing that these revenues be used to market our program and educate our residents in the area of waste reduction. Additionally, the Committee is proposing to return all surplus revenues generated from their recycling program back to the customers in the form of a annual rebate. We are confident that revenues generated from the sale of the recyclables will eventually allow us to give customers a $12.00 annual credit on their refuse collection bill. On December 20, 1988 I will be requesting that the Scott County Board of Commissioners fund 508 of the recycling container costs. This equates to approximately $7200 annually. I am hopeful that Scott County will approve our request. I have also negotiated an agreement with Waste Management that essentially allows us to lease the recycling containers from them during the three year contract period. At the end of the contract period the recycling containers would become the property of the City of Shakopee. This will ultimately reduce our refuse/recycling collection rates several years down the road. Rate Comoarison I have done a rate analysis comparing Shakopee to several other communities in our area. (See attachment #4) You pleaEe note that Shakopee's proposed rate of $9.80 for refuse/recycling collection is lower than those cities surveyed. Additionally, Shakopee residents will be receiving a refuse container and a recycling container for no additional charge. And finally, Shakopee residents will be receiving a recycling credit which could eventually reduce their monthly rate by $1.00. Proposed Contract Amendments Shown in attachment 45 is a copy of the proposed refuse/recycling contract. On December 14, 1988 the Energy and Transportation Committee recommended that the Council approve the following contract amendments. Note that all new language incorporated into the contract has been underlined for your convenience. Major amendments to the contract include the following: 1. Language which addresses the types of materials to be collected by the hauler. 2. The provision and maintenance of a 65 gallon refuse cart by the contractor. 3. Establishment of a voucher system and fee schedule for all refuse which does not fit into the refuse containers provided. 4. The provision of service to all residential dwellings up to and including 4 plexs and the elimination of all commercial accounts currently provided service under the current contract. 5. Language which addresses the collection of recyclables and the provision and maintenance of a separate recycling container which will be provided to the City via a lease purchase agreement. 6. Language which identifies all recyclables collected by the contractor as property of the City of Shakopee. 7. Language identifying the new refuse collection rates and provision of an additional refuse cart upon request for an additional $5. 00 per month by the customer. 8. Language extending the contract for two additional years. (Total three year contract) When we initiate the new program, refuse collection rates will again need to be increased to cover the costs of the refuse/ recycling services requested. our contractor has stated that pending Council approval of the contract's amendments in December, they will be able to initiate the proposed refuse/recycling program by March 1, 1989. Therefore the rate increase for the implementation of the new program will go into effect on March 15, 1989. The Energy and Transportation Committee has recommended Council approval of Resolution #3001 amending the 1989 Fee Schedule increasing the refuse collection rate as a result of increased landfill costs. Additionally, the Energy and Transportation Committee is recommending Council approval of the proposed refuse/recycling contract. ALTERNATIVES• 1. Refuse collection rate increase effective January 15 1989 1. Move to approve Resolution No. 3001 increasing the refuse collection rates to $7.83 for regular service and $6.01 per month for senior citizens effective January 15, 1989. 2. Do not approve Resolution No. 3001. 2. Refuse/Recycling Contract 1. Move to authorize appropriate City officials to execute the garbage and refuse collection contract. 2. Amend the garbage and refuse collection contract as proposed and authorize the appropriate City officials to execute the garbage and refuse collection contract. 3 . Table approval of the garbage and refuse collection contract pending further information from staff. / 1✓ RECOMMENDATION• Issue 1 - Refuse Collection Increase Effective January 15. 1989 Staff recommends alternative #1. Issue 2 - Refuse/RecyClina Contract Staff recommends alternative #1. ACTION REQUESTED: Issue 1 - Refuse Collection Increase Effective January 15, 1989 Move to offer Resolution 43001 amending the 1989 fee schedule increasing the refuse collection rates to $7.83 per month for regular service and $6.01 per month for senior citizens effective January 15, 1989. Issue 2 - Refuse/Recycling Contract Move to authorize the appropriate City officials to execute the garbage and refuse collection contract. Attachment # 1 A Waste Management Company December 7, 1988 The cost of garbage disposal will increase significantly. on January 1, 1989, Louisville Landfill will increase their charges per yard from $6.00 to $7.95 yer yard. Per our garbage and refuse collection contract, I would like to reopen the contract and petition for an increased monthly cost per home of $.78 per home/month to compensate for the higher fee. I have enclosed a City of Shakopee disposal summary that explains the increase. Consequently, the rate for regular citizen service will be $7.83 per month and $6.01 per month for senior citizens effective January 15, 1989. This includes the 4% increase per the existing contract. Sincerely, K 7:t;— Mike Berkopec General Manager MB/nmb Enclosure /) A Waste Management a ny C SHAKOPEE DISPOSAL We have not seen any significant change in the average amount of waste per household in 1988, compared to 1987. Consequently, 4.81 Yds./Home/Yr. is the figure that the disposal cost increase is based. 1987 JANUARY 948 YARDS FEBRUARY 660 YARDS MARCH 785 YARDS APRIL 1,263 YARDS MAY 1,149 YARDS JUNE 1,111 YARDS JULY 1,088 YARDS AUGUST 1,174 YARDS SEPTEMBER 1,134 YARDS OCTOBER 1,486 YARDS NOVEMBER 19042 YARDS DECEMBER 1,113 YARDS - 12,953 YARDS Divided by 2695 Homes = 4.81/Yds./Home/Yr. 4.81 Yds./Home/Yr, x $1.95 Increase/Yd. _ $9.38 per Yr. Increase or $.78 per Month. i LOT M d TS—Tl1 S �$:�e•:'.; — a:::SFI'.�.Pj '!, iC33a ::h9 tYg Ulyg jc�^, :i... _...'*.Y3a.1SY e-Mill Dlc ease to s r .9 .;,.� •:11 •s dLa to _ee in the count/ ir-,n 50/Y6. _ .C '�Y"1•- a�.d�.a:. _.ncrCasz in t`,c �c•ar.ai.ir :ax $^oma . .. :Z .3` f9d• �;s-00_ TSA d27.0 RIATES 91:S ZId_IA :3E SA,iF- .CRE—,'V• rr7r7 a Effac ';. a a=mry 1, ie3g . all anc.3t is ru'�t be : Ya 'b7 the 30th mach laznti., ?i J]7.T a.�Coant 13 m017, �£._aU :.'e M, tiF, f ..as ::cz:� vill - o? 6? x a:!loed o d-ra: T9sa olcI ur�ll .. z4s.ie8s s„aorc=a . Tt Attachment #2 RESOLUTION NO. 3001 A RESOLUTION AMENDING RESOLUTION NO. 2987 ADOPTING THE 1989 FEE SCHEDULE PROVIDING PROVIDING FOR AN INCREASE IN THE REFUSE COLLECTION RATES WHEREAS, the Shakopee City Council passed Resolution No. 2987 adopting the 1989 Fee Schedule, and; WHEREAS, landfill tipping fees increasing by approximately $2.00 per cubic yard, and; WHEREAS, the increase in tipping fees is more then 25% from the current rate, and; WHEREAS, the City of Shakopee has a refuse collection rate with Waste Management Inc. , and; WHEREAS, the contractor has requested a rate increase to off-set his costs associated with the increased tipping fee. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the 1989 Fee Schedule is hereby amended by increasing the refuse collection fees to the following rates effective January 15, 1989: Regular Citizen Service - $7.83 per month Senior Citizen Service - $6.01 per month Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of 1988. City Attorney Attachment #3 O VI u 3 m 3 o o m � -{ m 'v o 3 Z z Z y � m c 3v < Z w m � D nm M m D m m Z N D a a m 0 y m y u 0 a0 a X a O n Z < 9 n C: D o m d = D a s m n Co M m m T o � O m c 0 I Attachment # 4 w Y ro �+ a c Y ul C w co H n sn 7 V Ot GY r-I b >1 N w0 Ow O w w U >1 CD C4 Y N 0 U ewro -0 di u m •.+ m ro w w w o w w w U q 0> . b T >1 >1 C 4) 0w aow w >I Y Y Y W N N N O O O ol M U U U C wV> w wro rov o w L) P, Ny p >1 >1 >1 N V 0 a W M £ 41 OM Lo o m wro Wwsa ao Y N IY� C w u an yr w w w w w w O - m Id14 ti O C 6a C Y O C C w XtiN r-IN Y b ro w O0 N 0 -0 z N w O E W .i w x o77 ro7M N o C to Y ro -r > 0 ro 0 0 U A 4 m P, = = vroix5 u a w % % Attachment #5 GARBAGE AND REFUSE COLLECTION CONTRACT Jenuary-3fr,-3.988--denuda -33-,-3990 January 16. 1988 - January 14 , 1992 THIS AGREEMENT, made and entered into this 4th day of November 1 1987, by and between the City of Shakopee, a Municipal Corporation, hereinafter called party of the first part, and Waste Management - Savage, hereinafter called party of the second part, as follows: For and in consideration of the covenants herein set forth, the said party of the first part does hereby hire the party of the second part as garbage and refuse collector; and the said party of the second part does hereby covenant and agree that for and in consideration of the payments to be made by said party of the first part to the party of the second part as herein provided, that the said party of the second part will serve the party of the first part as a garbage, and refuse, and recyclable collector in accordance with the following specifications and terms: a. ) One collection per week shall be made. Collection shall be made between the hours of 7:00 A.M. and 10:00 P.M. Collector shall endeavor to pick-up any particular residence on the same day each week and approximately the same time of day. Collector shall make a good faith attempt to notify residents of any scheduling changes. b. ) Collection shall be made of all garbage, household and yard debris generated by the residents. Household refuse shall mean and include such items as garbage (drained and wrapped) , tin cans, bottles, sweepings, cleanings, trash litter, domestic solid and yard debris such as grass clippings and leaves. placed-iTr suc}r-containers-or-in-iTacJs of`suckr site-arn}-materiat-that-can-eas ily-be-handled-#y=e man:---3rr-addrtien;-tkeers-mag-be--krruslr-or-tri mRrngs-in-a ren-�rtebi� emoemt-ti ixr�nxtdles not-wes-tie feet in lengtrkr.- subiect to the following conditions: 1. The contractor shall be responsible for Providing and maintaining each household with a 65 gallon refuse cart. 2 . The contractor will be responsible for collecting all refuse disposed of in said cart on a weekly basis for the fee stated in the contract. 3. Any refuse disposed of above and over the capacity of the 65 gallon cart must have a contractor/City of Shakopee voucher attached Said vouchers will be -1- provided by the contractor and sold to Shakopee residents by the City of Shakonee. The fee for each voucher shall be $1.00. All revenues collected from the sale of vouchers shall be the property of the contractor. The City will reimburse the contractor on a monthly basis for all vouchers sold by the City. 4. Any extra refuse disposed of by residents which does not fit into the refuse cart shall be Place in containers or bags of such size and material so that it can be easily handled by one Person In addition, any brush or trimmings must be tied in bundles not over (3) feet in length. Each extra container, bag or bundle of materials must have secured to it a contractor/City of Shakopee voucher. 5. Shakopee residents may request the provision of an additional refuse cart for an additional disposal fee of $5.00 per month The contractor shall be obligated to provide additional refuse carts to residents upon a 30 day notice from the resident. Additional carts shall only be made available to those persons who are willing to provide Payment for the additional cart for at least six months. c. ) Collection service shall be for all dwellings, single, duplex, triplex and fourplex, and --presently--co±1eeted 2PIttple--resYde'ntia2-arni-'epnmceiczai--es't'ab3is'hmerrts, that desire collection services and are located in the "urban" area of the City of Shakopee with approximate boundaries of the Minnesota River, Shawnee Trail, Jasper Road, Vierling Drive (Thirteenth Avenue) and Tyler Street. d.) Refuse and recvclables shall be placed by the alley unless other arrangements are agreed upon by the resident and the collector. If there is no alley, refuse and recvclables shall be placed at the curb, but not prior to the day of collection. e. ) Household appliances, excessive Amounts of brush, remodeling and containable refuse must be picked up by the collector if the resident calls the office of the collector and makes necessary arrangements. Such service furnished by the collector to the residents of the City of Shakopee will be charged to said residents by volume, time or both. Such special service shall be billed and collected by the office of the collector. £. ) The collector must furnish proper compactor units and other necessary collection equipment. The collector also must furnish all necessary help and labor in the performance of his contract and to dispose of all such refuse so collected in a lawful manner. The Collector will provide the City with a collection route map and will alter routes to comply -2- with City road weight restrictions where the City has a clearly established policy. The contractor shall be responsible for notifying customers 10 days in advance of any route chance. g. ) The collector must obtain and file with the City of Shakopee a performance Bond for the like of this contract in the amount of $100,000. h. ) The collector must keep a good and sufficient liability and accident policy in force in the amount of $200,000- $600,000 for bodily injury and $50,000 for property damage saving and protecting the City harmless from any accident that might result due to the use of the Collector's truck or trucks and employees or from any act or omission of the collector's employees. The collector shall keep at all times in full force, at his own expense, proper and sufficient Workman's Compensation Insurance. I. ) The collector must file a valid Certificate of Insurance with the City of Shakopee showing that the insurance coverage mentioned herein is in full force and effect and each policy or certificate must name the City of Shakopee as an additional insured with the requirement that the City shall be given at least ten (10) days notice in writing in the event of any cancellation of said policies. j . ) The City will act as billing and collection agent for the collector. The collector will be paid on a monthly basis with payment being made by the fourth Monday of each month. beginning with the fourth Monday in March, 1988. The amount of each monthly payment shall be the monthly charge times the number of units picked up as determined by units billed at the beginning of the month by the City. The rates that will prevail during the life of this contract are as follows: 1. For the year beginning January 15, 3988 1989 and-ending Banuary-45--3989 the charge for regular pickup shall be 66:-78 $7.83 per month, senior citizen pickup shall be 65.43 $6. 01 per month. 2. For--the-year-beginning-Jwnrarp-i5q--t989-and -ending aannary-3-4;-1990-,-the-charge-for Yegirlar-pickap-sfita33 -month,--se[rivr-citizen--pickup-strati--be $5:64--per- month - Should landfill tipping rates increase by more than 258 from their current $6.00/cu. $8.00/cu. yd. the parties agree to reopen the contract at six month intervals. 3. For any month that Louisville Landfill is closed, the charge shall be increased by $0.70. for-}988-and-$0-70- for-3990. -3- 4. On or before April 1. 1989 the contractor shall implement the refuse/recycling program On the 15th day of the month in which the program is implemented the charge for regular nick-up shall be $9.80 per month. and the Senior Citizen Dick-up shall be $8.30 per month. k. ) Recycling program 1. The City of Shakopee will provide a recycling area which will be in use by the general public on the second Saturday of each month. During open hours, local organizations will provide manpower to supervise materials discarded in roll-off boxes and containers which are to be placed in the area by the contractor. 2. At the request of the City, the Contractor will furnish two securable enclosed roll-off box containers of approximately 30 cubic yards each for the collection of newspapers. Eortti aeto-r-sfsaii-also-£axrsis�i-atle_A- -}a�d contlir --£er---the--- Mals. An additional 20 cubic yard roll-off container will be made available to the City for the collection of newspaper upon request. The containers shall be delivered to the recycling area by the Contractor at least one day prior to the scheduled collection day and shall be picked up on the following Monday. 3. Designated local organizations shall keep the recycling area open and staffed for the collection of such materials on the second Saturday of each month, from 8:30 A.M. to 1:00 P.M. , January through December. 4. The City, Contractor and the designated civic organizations shall assist in the distribution of any promotional materials for the recycling program. 5. Any civic organization which operates the recycling station must provide insurance coverage for its members and public liability insurance in amounts and in a form satisfactory to the City and the Contractor. 6. Contractor shall determine, subject to the approval of the City, where all recyclable materials will be taken. While rates vary at different recyclable material handling centers, handling costs must be considered as genuinely material as to the selection of the recycling material handler. The City will consider advantages to the hauler as well as the civic organization and the City in determining whether or not to approve a handler selected by the contractor. 7. City shall receive all monies paid under this program directly from the recyclable material handler. -4- Contractor shall be responsible for directing the recyclable material handler to forward all monies paid under this program to the City. City shall pay organizations involved for all materials so delivered by the 15th of the month following the month in which the payment is received from the recyclable material handler. Documentation such as weigh tickets and pay- off slips will be kept on file at contractor's place of business for inspection and review by the City and any civic organization involved. Additionally, contractor shall supply to the City on the 15th day of each month a brief report indicating the amounts of material delivered to the recyclable material handler. S. Should the recycling program be unable to operate due to no commitment of manpower from local city organizations, the program may be discontinued upon thirty days written notice at the option of the contractor. 9. The contractor shall agree to Permitting current recycling organizations within the community to continue their current curbside recycling Programs. 9.---The-ei.ty-reserves-the-right-Dpon-a-thtrty-Cay-nntinE7tD request--separate--containers--f r--t a colieetiorr-and de}iaerp-e£-gloss-nod-alnmimnm-gad-steel-beveragr tuns: The-size-and-number-e£-eentainers-to-be-delivered-sfia}} be-negetlated-apes-said-request. 10. The contractor shall be responsible for Providing and maintaining a recycling container to each household. Said container design must be acceptable to the City. The contractor shall agree to relinquish the right of ownership of all containers Provided to the City of Shakopee upon completion of the contract 11. All materials collected by the contractor in conjunction with the weekly curbside recycling program shall become from the initial receipt thereof the Property of the City. The contractor shall be responsible for transporting all recyclable materials to a ore-approved recyclable material handling center. The contractor shall be responsible for submitting all revenues to the City by the 15th day of each month following the month in which the payment is received from the material handler. Each monthly documentation of materials collected, weight tickets and pay off slips shall also be submitted to the City. 12. The contractor shall provide weekly recycling collection of newspaper. glass and beverage cans in coniunction with regular refuse collection. Additional recyclable materials may be collected upon the mutual -5- agreement of the City and contractor. 1.38.-The breach of any of the terms and conditions of this contract on the part of the collector shall be grounds for cancellation of this contract by the City. Upon such termination by the City, the City shall have the right to contract with other parties to perform the work or to perform the work without a contract. In either case, the City shall hold the collector and his surety liable for any excess cost for performing such work over and above the cost to the City if the initial contractor had continued to perform the work in the manner anticipated at the time the contract was awarded. Termination of the contract as herein provided shall not terminate, suspend or affect the liability of the surety upon its bond. Failure to comply with the terms of these specifications relative to the collection and disposal of garbage, and rubbish and recyclable materials on the part of the collector by reason of major disaster or extreme emergency within the City of Shakopee shall not constitute a breach of the contract. The party of the second part covenants and agrees with the party of the first part to do and perform all those things set fourth in the above contract, which are to be performed by said party of the second part as garbage and refuse collector of and for the party of the first part, and it is mutually agreed by and between the parties hereto that this contract shall continue from its original effective date be-mor--a--ewe--yeas--peri«-Ueg-ini.ng- January 16, 1988 and terminateing-on January 14, dA9-0. 1992. IN TESTIMONY WHEREOF, the party of the first part has caused this contract to be executed in its corporate name by authority of its City Council and the party of the second part has caused this instrument to be entered into by authority of its General Manager all as of the date first above written. THE CITY OF SHAKOPEE, A MUNICIPAL-CORPORATION BY Mayor of the City of Shakopee BY City Administrator BY City Clerk BY Its -6- 100, MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Murphy's Landing Request DATE: December 14, 1988 Introduction The question of operating assistance for Murphy's Landing and the entering into a five year operating contract with the Minnesota Valley Restoration Project (MVRP) was discussed by the City Council at their meeting of December 6th. At that time the item was tabled until the meeting of December 20th. Background The attached memo, dated December 1, provides background on the subject of assistance and a contractual relationship between the City and the MVRP. At the meeting of December 6th the City Council directed that the City Administrator contact Marge Henderson of the MVRP, and Dr. Roland Pistalka and Loren Gross of the Scott County Historical Society and invite them to discuss this matter more fully with the entire City Council. The above mentioned persons have been contacted about the and Ms. Henderson also indicated that the Vice President of the MVRP, Jake Manahan, would be in attendance. Recommendation The City Council should discuss the matter with the representatives of the MVRP and the SCHS and provide direction for the future funding and operation of Murphy's Landing. Action Reauested Once courses of action are identified by the City Council the staff should be directed to prepare the necessary resolutions and contractual documents to implement the desires of the City Council on Murphy's Landing. DRK/jms /,2 MEMO TO: Shakopee City Council Q Q/ FROM: Dennis R. Kraft, Acting City Administrator RE: Murphy's Landing Request DATE: December 1, 1988 ACTION• The City Council has been dealing with the question of the operation of Murphy's Landing for the past one to two years. The attached letter from Dr. Roland Pistulka, President of the Scott County Historical Society (SCHS) specifically speaks to this question and also asks certain things of the City Council. BACKGROUND: At the present time the Shakopee City Council controls the Murphy's Landing site. The facility is being operated under a contract with the Minnesota Valley Restoration Project (MVRP) . This contract will expire at the end of this year. There is a need to find an entity which will be able to operate Murphy's Landing in a manner satisfactory to the City Council. The City Council met with representatives of both MVRP and SCHS at a meeting on October 7, 1988. At that meeting it was decided that Loren Gross and Dr. Pistulka of the SCHS would attend the MVRP Board meeting as guests. On November 16th this meeting was held. The outcome of the meeting was positive in that it looks as though both MVRP and SCHS are trying very hard to work together in a positive manner and in a way which will be beneficial to Murphy's Landing. The attached letter goes into much greater detail on items discussed at the meeting of November 16th. One of the major outcomes of the meeting was the MVRP Board's decision to ask Dr. Pistulka and Mr. Gross to join the MVRP Board. Conditions have been cited which are apparently very relevant in terms of whether the two aforementioned people will join the MVRP Board. These conditions include a long range (five year) operating contract with the City of Shakopee. It is indicated that this type of stability is needed if the financial donations and grants are to be obtained. This is consistent with other information that has been received earlier on this subject. The second request is that the City of Shakopee provide financial support in the amount of at least $50,000 per year for at least a three year period and preferably for a five year period. The letter indicates that this type of financial support by the City would allow the MVRP to obtain full time experienced museum director and support staff that is needed for the site to move forward. The third provision is for an independent financial audit conducted at City expense. Another item on this agenda does address that and information on audits has been obtained from three auditing firms. The fourth item relates to an inventory of artifacts to be conducted. I think this could probably be accomplished by hiring one or more graduate students in the area of museum management. This would appear to be more reasonable then using an accounting firm which would both be more costly and perhaps not as historically accurate. The fifth condition requests that a search be started immediately for the hiring of a formally trained and experienced museum director. I think this is also consistent with the other information that we have been receiving over time from various people on the operation of Murphy's Landing. The hiring of a formally trained and experienced museum director is probably contingent upon the provision of financial support by the City. The last stated condition was one of assuming that the Board occupy a policy making role and that it delegate management responsibilities to the staff. Other information received from Mr. Ronald Nelson as well as conversations I have had with other professionals in the area coroborate this position. The Board should be in a policy making and money generating role and the management clearly should be carried out by the Executive Director, not the Board of Directors. None of the above requests appear to be unreasonable however the City Council should discuss the annual $50,000 contribution. It. is possible that the City Council might wish to have the annual allocation be viewed as a loan rather than a grant anaj have some or all of it paid back if Murphy's Landing is successful in generating more grants and other income in the future. ALTERNATIVES• 1. The City Council could grant of the requests as stated above. 2. The City Council could provide a loan of $50, 000 per year for three years as requested and make some provision for the pay back of this loan if it is financially possible in the future. 3 . The City Council could provide less than $50,000 per year financial support to Murphy's Landing. If this alternative is followed the Council needs to be sure that the amount of support they provide would be adequate to have a positive impact on the operation of Murphy's Landing. At this time I could not say what amount that might be. 4. The City Council could provide no additional financial support to Murphy's Landing. 5. The City Council could enter into a five year operations contract with MVRP. The operations during the past year would seem to indicate that this would be a sound course of action to take at this time. 6. The City Council could provide the audit and inventory as requested in the letter and prove the initiation of a search for a formally trained and experienced museum director. RECOMMENDATION• It is recommended that the City Council discuss the annual allocation request before deciding on an annual contribution. It is recommended that the City Council approve the remaining above mentioned requests. If the City Council decides to provide $50,000, or a lessor amount to Murphy's Landing, in either the form of a loan or a grant the money could be obtained from three different sources. These include: (1) The General Fund - Fund Balance, (2) From the General Fund Budget with cuts in other programs, and (3) The surplus, (if there is any) from one of the debt service funds. Once decisions are made a formal contract will be drafted for formal Council action. ACTION REOUBSTED: (1) Move to provide for financial support to Murphy's Landing in the amount of $ per year for at least the next three years and to direct the City Attorney to prepare an operating contract between the City of Shakopee and the MVRP for the next five years. (2) Also move to direct the City Administrator to work with the MVRP Executive Director in finding someone to conduct an artifact inventory. Scott County Historical Society November 23, 1988 Dennis Kraft, Acting City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Kraft: After the meeting of October 7, 1988 held at the restaurant in Murphy's Landing with members of the council, MVRP and SCHS, it was decided that Loren Gross and I would attend a MVRP Board Meeting as guests. On November 16, 1988, Mr. Gross and I attended a MVRP regular Board Meeting as guests and participants. After much discussion, the following points were noted: 1. Attendance has risen each year from 15,101 in 1981 to 43,267 in 1988. 2. Income barely covers expenses without taking out loans. 3. Paid employees which are minimum in number are doing a superior job of what they are expected to do but have no basic fringe benefits, such as health insurance. 4. Increased donations and grants must be explored and sought now. 5. Board is doing management, not governing. 6. Present director is working at maximum that is physically and mentally possible, such as doing the entire accounting system, marketing, public relations, program, managing the site, coordinating the volunteers, responsible for getting donations and writing grants and taking care of personnel. 7. This site has become a one-half million dollar operation which is trying to continue in a proper mode with a few people trying to do everything. 8. Cash is a premium. 9. No long-term contract committment. 10. Scott County Historical Society and MVRP are a non-supportive mode. Must work together as a solid force. 11. MVRP must continue its mission of historical preservation and education. The comprehensive plan of Murphy's Landing must be a guide. 12. MVRP is more than a local communiRty project but is regional, state and national in scope. 13. Strong local support from individuals, City of Shakopee and County of Scott is needed to obtain the area wide support that is so vitally needed. Rnx ASA 0 ghaknnee. MN 55.179 IO C� Dennis Kraft Page 2 November 23, 1988 The MVRP Board has asked Mr. Loren Gross and me to join them. The Scott County Historical Society, with much discussion, agrees that the two organizations must present themselves as a strong unified force. It has been decided by the Scott County Historical Society Board that Mr. Loren Gross and I would be allowed to join the MVRP Board to give the solid joint effort that is needed to enhance the further development of the MVRP into the 21st Century under the following conditions. 1. Need a long-range operating contract from the City of Shakopee for 5 years. This denotes stability and is needed for any financial donations and grants that are so desperately needed. 2. Need City of Shakopee financial support of at least $50,000 per year for at least 3 years, preferably 5 years. This would allow the MVRP to obtain the full-time experienced museum director, the secretarial and accounting support staff that is needed for the site to move forward. This also shows strong local financial support. 3. The independent financial audit be done that has been promised by the city, at city expense. 4. The inventory of the artifacts should be arranged for and in process as promised by the city. - 5. A search must be started for the hiring of a formally trained and ex- perienced museum director. immediately. 6. The board must assume policy making duties and delegating management to staff. The above-conditionsare needed to show the region that the local people and organizations are strongly supportive of this operation. Without it, no dona- tions or grants will be forthcoming. How will the City of Shakopee benefit? 1. A beautiful opportunity to educate the public to the historical culture of our forefathers of this area. 2. These same people that enjoy the site use the restaurants, motels, shops and service stations. 3. It adds to the beautification of the city, enhances already what the city has so admirably started and hope it will continue. 4. It will attract more people to the downtown area for the benefit of the tax paying merchants. 5. It will enhance the marketing of the area. 6. It will reveal the progressiveness of the cities planning into the 21st Century. If the above conditions are accepted, we will be happy to become members of the MVRP Board and become actively involved in obtaining the museum director and the supportive staff and accounting system that are so desperately needed. We must work together as a team, with a unified goal, not as independent indi- viduals groping around in the dark. Dennis Kraft Page 3 November 23, 1988 We will be waiting for your reply and will be available for any further discussions. We encourage immediate attention be given this matter, for us to implement the program as of January 1, 1989. Thank you for your time and your future support. Sincerely v� R. D. Pistulka, M.D. President, Scott County Historical Society cc: Mary Henderson, Director MVRP John M. Manahan, Vice President MVRP Loren Gross, Director SCHS lob Memo To: Dennis Kraft, Acting Administrator, City of Shakopee From: George Muenchow, Director, Shakopee Community Recreation Subject: Playground Equipment Purchase/Holmes & Hiawatha Parke Date: December 16, 1988 Intro_du_ctio_n The City Council in September directed that preparation should be made to secure new playground equipment for Holmes and Hiawatha Parke. These acquisitions were a part of the 1988 Parks Capital Improvement Plan. Since there had not been any success in locating donated funds for this project, the Council further directed that the cost shall be paid out of the Park Reserve Fund. . . a total of 9 20, 000. 00 Be_ckground Playground Equipment analysis is a very subjective topic. Despite this characteristic, specifications were prepared for the intent to seek bids, and invitations were offered, according to law, seeking out Bidders. Counsel was sought from other communities utilizing criteria that they had established in similar undertakings. Considerations stated and used in the selection process included: 1. Number, type and variety of play elements in each unit. 2. Over all design including how the elements fit together. 3. Quality of materials used and the durability of the fastening system. 4. Aesthetic appeal. Color was encouraged. 5. Financial Responsibility. 6. Nature and extent of data furnished upon request. Bids were opened on Monday, December 12. Three were received and found to be in order: 1. Earl F. Anderson & Associated Inc. (Landscape Structures, Inc. ) 2. Minnesota Playground, Inc. (Gametime, Inc. ) 3. Bob Klein & Associated (Miracle Recreation Equipment Co. ) Alternatives 1. Accept recommendation of Staff to authorize the purchase and erection of Playground Equipment form Earl F. Anderson & Associates as agreed upon within the bidding process. 2. Reject bids and make no selection. Recommendation Authorize alternative F 1. Action Move to authorize the purchase and erection of playground Equipment by Earl F. Anderson & Associates, Inc. to be place in Holmes and Hiawatha Parks. With funding for this purchase to came from the Park Reserve Fund with the cost totaling 9 19, 923. 00. f K::�t r 3 s _�• � �'T i fi �.ln$a _ -� �� 2�� til e '!�-" yc� i � _ � �+'. �$.t�� Y} "Sly` �•r L 'P,i4C do {lJd lr d4�i 'e✓- YI: x•"7S"'slaiSrri,.` 1n I1/ I EO1tl TME S'MNa _ 9PGK 61.Nm MCI TIC TK`TOE 1C0.X BU9BlE PiN6 e •_.:•. FA. B1Gt MpIN3rPUCNRE lase ER Actual size: 23' x 27' (701 cm x 823 cm) (2)WIfi M. 1, Space required:37'x 39' (1128 cm x 1189 cm) Approx.installation time:12 hours azsu COU. Number of play events:8 ,,R., aoE CORK u'aE Platforms: 3/highest at 42" (107 cm) I TENOEROECK SCREW Number of kids:15-20 \\ A resilientsafety surface u recpmmentletl U underand around allplay equipment. See pages 88-89 for newpory 51109 and ills YRR61RUC1URE OmerCCnporN=M tle1 Landscape Structures/Mexico Forge 15 3' sF 8716 _ ` ' se tart - MNDOW SUDE I� Actual size:24' x 29' (732 cm x 884 cm) BUBBU�� anl� rs Space required:42' x 43' (1280 cm x 1311 cm) tax 117t.�Msl�UCIu�� BUBBLE Approx.installation time:22 hours u TUNNEL SURE VOM PareL Number of play events:10 Platforms:3/highest at 70" (178 crr Number of kids:15-26 A resilient safety surface x recommended under and amund al/play equipment. See pages 88-89M new larval slide.poly 16 Landscape Structures Mexico Forge shwandothwcomponentcletails. CONSENT IUc, MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Joseph P. Ries, Fire Chief RE: 1988 Capital Equipment, Air Packs DATE: December 15, 1988 INTRODUCTION & BACKGROUND: In August the Fire Dept received twenty-four 4.5 air packs which were bid earlier in the year. Firefighters use self contained breathing apparatus to enter hazardous atmosphere, and they operate in pairs of two. The air packs have a provision in case one fails, the user in an emergency can connect his regulator into a quick connect manifold of his partners for emergency escape. The specifications call for the air packs to meet the new and current National Fire Protection Association Standards. The standards called for a revision in the connections of the manifold quick connect. The supplier of the air packs said they would change the manifold t meet the standards. The Manufacturer told us it would be February 1st when the change could be made due to a large demand for change over parts. We had $5,000.00 withheld from payment until changes are made. Due to the fact that the changes will not be made until February 1, 1989, I need the capital equipment budget amended to carry over into 1989 $5,000.00 from the 1988 budget. RECOMMENDATION & ACTION REOUESTED: Amend Capital Equipment Budget with the carry over of $5, 000.00 from 1988 budget to the 1989 Capital Equipment Budget. JPR/tiv Recommendation: Purchase one IBM PS/2 model 30 computer, IBM 3278 Emulation Board, IBM 3270 Emulation software, monitor, IBM PC Network card, DOS 3. 3 operating program, and termination cable from Rmeri-Data Systems, Inc. at a cost of $3137.00 including installation and 90 day on-site warranty. Funding Source: The Police Capital Equipment Fund contains sufficient revenue to purchase the requested equipment. This purchase has been reviewed and approved by the Computer Committee. Council Action Requested: Authorize the Police Department to purchase one IBM PS/2 model 30 computer, IBM 3278 Emulation Board, IBM 3270 Emulation software, monitor, IBM PC Network Card, DOS 3. 3 operating software, and termination cable from Rmeri-Data Systems, Inc. at a cost of $3137. 00 including installation and 90 day on-site warranty. CONSENT � � d To: Mayor, City Council Members From: Thomas Brownell, Chief of Police Date: December 5, 1988 Subject : Computer for Direct Data Transfer to State Terminal Introduction: The Police Department recently purchased data management software that contains a CJIS module for direct data transfer to the State of Minnesota. It is now necessary to purchase a computer that will accomplish this task. Background: The current procedure requires that data be entered into the Police Department computer, retrieved and then manually entered into the State terminal. This method is very time consuming. When the LEADRS program was purchased it was believed that the direct data transfer could be accomplished with current hardware. In October, 1988 CPSI, the software vendor, received a memo from Novell, Inc. that identified a communications problem between their software and IBM' s communication hardware. Both communications hardware and software use the _ same interrupt signals. When transferring data through the IBM 3278 emulation board, the computer reads the interrupt signal on the Novell Network card and turns off the transmission signal, thus terminating the transfer. R solution was found by using an IBM PS/2-30 computer with the IBM 3278 emulation board and IBM 3270 emulation software. Currently the State of Minnesota allows a direct link to the State terminal under the following conditions: • The personal computer be an IBM PC. • The communications hardware be IBM 3278 Emulation Board. • The software be the IBM 3270 communications software. These conditions plus the fact that current PC configurations in the Police Department' s computers do not allow for more expansion necessitate the addition of another computer. CONSENT lu e MEMO TO: Dennis Kraft, Acting City Administrator /n1�/ FROM: John H. DeLacey, Engineering Tech. III Ily/s SUBJECT: Downtown Streetscape Project No. 1987-?r DATE: December 13, 1988 INTRODUCTION: A change order is needed for the above referenced project. BACKGROUND: The Downtown Streetscape Project is essentially complete at this time except for some punch list items and planting of the Phase II annuals which will be completed in the spring. A change order has been prepared to cover some items that were not foreseen and therefore not included in the original contract. Attached is a description and cost breakdown of these items. Items 1 and 2 are directly related to the installation of watermain on Atwood Street. Staff is recommending that these items should be paid for by SPUC along with other water related items previously agreed upon. As an informational item to Council staff has recently completed the verification of the contract quantities for this project and the contractor has agreed to them. Prior to this change order of $7 ,281 .63 the total encumbered funds was $2 ,237 ,326 .35 . With this change order the total encumbered funds will be $2 ,244 ,612 .58 . Staff anticipates that after the work is completed in the spring, the value of the work completed will be approximately $2 ,230 ,000 .00 , leaving a net balance of about $14,000 .00. ALTERNATIVES: 1 . Approve Change Order No. 9 in the amount of $7,286 .23• 2. Deny Change Order No. 9 . RECOMMENDATION: Staff recommends Alternative No. 1 . REQUESTED ACTION: Approve of Change Order No. 9 in the amount of $7 ,286 .23 to Hardrives, Inc. , 7200 Hemlock Lane N. , Maple Grove, MN 55369 for the Downtown Streetscape Project 1987-2 . JHD/pmp HARDRIVES CHANGE ORDER ITEMS ITEM DESCRIPTION 1 . One hour of crew time to tie onto existing watermain at 1st and Atwood. Staff agreed with the contractor that connecting to the existing watermain involved more work than normally associated with watermain construction and further agreed to pay for a portion of the extra labor. TOTAL COST 1 Hr. Crew Time @ $425.00/Hr. _ $425.00 2. Due to the depth of the watermain installed on Atwood Street (6 '-71 ) S.P.U. C. required the watermain to be insulated. TOTAL COST 1 ,216 S.F. 2• insulation @ $2.64/3.F. _ $3,210.24 3 . Contractor had to tie an additional existing storm drain into a new catch basin @ 2nd & Fuller that was not shown on the plans. TOTAL COST 1/2 Hr. Crew Time @ $425.00/Hr. _ $212.50 4 . The City had the contractor install SDR 26 watermain grade PVC pipe for the sanitary sewer on Atwood due to the watermain being installed in the same trench. The additional cost for this is $10 .00/L.F. TOTAL COST 247 L.F. @ $10.00/L.F. _ $2,470.00 5 . Contractor had two men help City staff determine location of roof drain on the jobsite. TOTAL COST $95.00 6 . The contract called for 4" bends for sanitary services. Some 6" bends were also required on the job. The contractor is requesting an additional $4.00/Bend. TOTAL COST 35 Bends @ $4.00/Bend = $140.00 7. Due to the changing of material type (i.e. SDR 26 for sanitary sewer) the contractor had extra material on the jobsite which he restocked. This item is for the restocking fee of various items restocked. TOTAL COST $733.49 GRAND TOTAL $7,286.23 CHANGE ORDER Change Order No.: 9 Project Name: Downtown StreeU-cgve Date: December 13 1988 Contract No.: 1987-2 Original Contract Amount $ 2 186 457.65 Change Order(s) No. 1 thru No. 8 $ 50 868.70 Total Funds Encumbered Prior to Change Order $ 2 237 326 35 Description of Work to be (Added/Deleted): See Attached Sheets. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Elinnesota. The amount of the Contract shall be increased $ 7,286.23 The number of calendar days for completion shall be (increased/decreased) by WA Original Contract Amount $ 2,186,457.65 Change Order(s) No. 1 thru —9 $ 58,154.93 Total Funds Encumbered $ 2,244,612.58 Completion Date: No Change in Completion Date The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: Title T a • -i /YJ�✓N'f 6� Date: 'F �APPR�OVED AND ED City Engineer Date APPROVED: City of Shakopee B9: Approved as to form this mayor Date day of 19 City Administrator Date City Attorney CONSENT l o f MEMO TO: Dennis Kraft, Acting City Administrator FROM: Ray Ruuska, Engineering Coordinator ( SUBJECT: 13th Avenue, Vierling Dr. Street Improvements Project No. 1987-12 DATE: December 15 , 1988 INTRODUCTION: Partial Estimate Voucher No. 9 for the above referenced project requires Council approval. ACTION REQUESTED: A motion to authorize payment of Partial Estimate No. 9 for 13th Avenue, Vierling Drive Street Improvements, Project No. 1987-12 in the amount of $44,951 .97 to S.M. Hentges & Sons, Inc. , P.O. Box 212, Shakopee, MN - 55379• RR/pmp PAYMENT ESTIMATE VOUCHER Contract No. 1987-12 Partial Estimate Voucher No. 9 Period Ending: November 30, 1988 TO: Contractor S N Heaates & Sons Inc. Address P.O. Box 212 Shakopee MN 55379 Project Description 13th Avenue (Vierlim Drive) Street Improvements 1. Original Contract Amount $ 527.7527.7 856 2. Change Order No. 1 Thru No. 2 $ 147.159.70 3• Total Funds Encumbered $_67j.918-26 4. Value of Work Completed $ 671.985.04 Value of Work Remaining 5. _ 5 Percent Retainage $ 33.599.25 $ 3.000.00 6. Previous Payments ; 93.433.82 Percent Complete 7. Deductions or Charges $ 99% 8. Total $ 627.033.07 Payment Due (Line 4 - 8) $ 44.951 .97 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work sham herein is a fair estimate of the work completed to date. BY G APPROVED - CITY OF SHAKOP / �n Project Engineer Date 61Z City Administrator ate 1 list its ml tot list :i POW: PIP110 1 11 gill: ! fl it i Ml 1 ill Ell 11 sae se eves a. .vee a 1 a i e e e bthh bob babe hitveva ; ale: . .._ . .. . . . . . :33i sEE I ' . a ; . . . . . . . . _ . ....6-6� . . :5? SI - - _ - . _..; .. I 7L1 le ie : T . _ �. i 40 ....... ... . 124 a POP Or . ..... .... „ IL _ oc UkkooMbbbb 1 :IT csi ... . . .. .. . ... ... ... . is lee 6r.r r . .. . . .6 6. .. ... . . . I . . . . .. :9' .. '. F . R' 7F1 - � = a e IFm I � y sm . i • �I :R F F C I $ I I : iz : I o ..... .. . ... . .. /d no .. e — e227 I : : F :8 . S . .... . . 19. $9 ' : ` IC Y . . .... . . . . . . is EI ? His : C. CONSENT 103 MEMO TO: Dennis Kraft, Acting City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Vierling Drive, Project No. 1988-1 DATE: December 15, 1988 INTRODUCTION: Partial Estimate Voucher No. 4 for the above referenced project requires Council approval. ACTION REQUESTED: A motion to authorize payment of Partial Estimate No. 4 for Vierling Drive, Project No. 1988-1 in the amount of $12,270 .20 to Northdale Construction Co. , Inc. , 14450 Northdale Blvd. , Rogers, MN 55374. RR/pmp PAY ESTIMATE VOUCHER Contract No. 1988-1 Partial Estimate Voucher No. 4 Period Ending: November 30, 1988 TO: Contractor Northdale Construction Co Inc Address 14450 Northdale Blvd Rogers MN 55374 Project Description Vierling Drive 1. Original Contract Amount 2. Change Order No. Thru No. $ -0-- 3. Total Funds Encumbered E 399,732.33 4. Value of Work Completed $ 323.773.03 Value of Work Remaining 5. 5 Percent Retainage $ 16,188.65 $ 76.000.00 6. Previous Payments $ 295.314.18 Percent Complete 7. Deductions or Charges $ -0- 805 8. Total $ 311,502.83 Payment Due (Line 4 - 8) $ 12.270.20 CERTIFICATE OF PAYMENT , ,.t i ,i 5 v (I, We) hereby agree that the quantity and value of work show herein is a fair estimate of the work completed to date. CONTRACTOR TITLE APPROVED - Cl/TY OF SHAKOPEE /j Projec r Date yG/2 Ci ,y City e.n�;n;� rotor to lee : I . . S Z ._ A O.F: _ . .. st . . . . . . . .......... .. . .I . ... . 4 I . . . . . . .. ...�66 ... . . .. . I . . . . ..... ... . . ... . . I rr 6L66 I `s £: . . . . . . . . . ..... ... el. .... . . . s .... . . . . . . . 6 6 6 is 8 s is Ioh MEMO TO: Dennis Kraft, Acting CityAdmin ' s trafor FROM: Dave Hutton, City Enginee� SUBJECT: Upper Valley Drainage - Authorization to Obtain Soil Borings at the Mill Pond DATE: December 14, 1988 INTRODUCTION: Staff is requesting authorization for funding to obtain soil borings at the Mill Pond in conjunction with the Upper Valley Drainage Project. BACKGROUND: This project has been discussed in great detail at previous Council meetings. Staff is continuing to negotiate with the Department of Natural Resources to obtain the appropriate permits to discharge this storm system to the Mill Pond. As part of the process in gathering all available information to resolve these concerns, staff is requesting that soil borings be obtained throughout the Mill Pond area. Up to this point, there has been several alternatives and proposals suggested for mitigating the affects of the storm sewer on the designated trout stream and existing wildlife . Without soil borings or information on the soils in that area, it is difficult to actually determine what can or cannot be done. The fact is, this project will require some type of mitigative measures for the trout stream and soil borings will be needed eventually as this project progresses . Staff, along with the City' s consultant, Orr-Schelen-Mayeron & Assoc. feel that now is the time to obtain some preliminary soil investigations prior to winter setting in. Several quotations have been obtained from soil boring companies. They differ depending on how much the City would like done at this time. Attached is a copy of one such proposal from Geotechnical Engineering Corporation which is a very detailed analysis of this area. The total amount indicated in this proposal is approximately $6,000.00 for some preliminary borings with an additional $14,000 .00 for a more detailed analysis with several more borings. Staff does not feel that a full fledged analysis is needed at this time. The main item is to get out to the pond before winter sets in and obtain some hand probes to determine exactly what the structure of the soil is in the area. This work as indicated in the Geotechnical Engineering Corp. proposal is approximately $1 ,900 .00 plus $400 .00 for an analysis and report, for a total estimate of $2,300.00 . Also attached is another quotation from Allied Testing Company. This quotation is for a total amount of $2,490 .00 to do the soil borings and report similar to that proposed by Geotechnical. Staff has obtained one other verbal proposal to do hand probes from Braun Engineering estimated at approximately $2 ,500 .00. Based on personal experience with these companies, abilities and their existing workloads , staff is recommending that Allied Testing Company be retained to preform the preliminary soil investigations of this area. Staff is also requesting that the City Council authorize a maximum amount of $3,000 .00 to obtain these preliminary soil reports. No additional monies would be spent on obtaining soil information without Council approval. ALTERNATIVES: 1 . Deny staff' s request to spend any money for soil borings in this area. 2. Approve of staff' s request to spend the maximum amount of $3,000.00 for soil borings and authorize staff to utilize Allied Testing Company to perform these services. 3. Authorize the $3,000 .00 for soil borings but instruct staff to utilize a different engineering company. RECOMMENDATIONS: Staff recommends Alternative No. 2 , to utilize Allied Testing Company to perform soil boring investigations with a maximum expenditure of $3 ,000 .00 . Staff, along with the consultant, feel that this soil information is going to be needed anyway regardless of what the final outcome of this project is . Therefore, we do not feel the money will be spent needlessly. Once the preliminary soil investigations have been done, staff can continue to negotiate this project with the DNR and refine the cost estimates for any proposals. Allied Testing has done a lot of soil boring work in the City of Shakopee and staff is very comfortable with their abilities and expertise. ACTION REQUESTED: Move to authorize the City Engineer to utilize Allied Testing Company to obtain preliminary soil borings and analysis of the Mill Pond area with a maximum amount of $3 ,000.00. DH/pmp ALLIED Nvc � n GEO147;5 GEOTEC.i3It'.ICAL UJGINEEPWG CORPORATION Consulting Engineers . Soil Testing November 10, 1988 Orr, Schelen, Mayeron 2021 East Hennepin Avenue, #238 Minneapolis MN 55413 , Attn: Mr. P. Willenbring Re: Soil Borings for Storm Water Project Shakopee Mill Pond Shakopee, Minnesota Dear Mr. Willenbring: As requested, this is our proposal for providing a subsurface exploration program for the storm water project at the Shakopee Mill Pond. We proposed to complete this program in two phases. This letter proposal addresses our understanding of the project, the scope of work proposed for each phase and our approach with estimated costs. We understand the objective of this project is to build a retaining struc- ture to separate storm water from a spring-fed pond. Refer to the attached copy of a concept sketch (provided by you) of the area. The retaining structure has been proposed as a earth berm or a sheet pile wall . The objective of the subsurface exploration project is to obtain subsurface soil data to evaluate alternate retaining structures. After briefly viewing the site and the concept plan provided us, we pro- posed to complete this project in two phases. The first phase would involve soil borings and rod probes. The soil borings would be drilled using a rubber tired all terrain vehicle (ATV) drill rig. Four borings would be drilled with the ATV rig. Soil samples would be obtained for future laboratory testing. Field vane shear tests would be completed to help evaluate soil shear strength. We proposed to supplement that with a series of hand probes using waders or a small boat. All data would be reviewed and presented in a preliminary report. 1925 Oakcrest Avenue . Roseville. Minnesota 55113 .(612) 636-7744 Apple Valley. Minnesota .(6121431-5266 Orr, Scht,en, Mayeron November 10, 1988 Page 2 The second phase, if needed, would involve drilling deem rto do "wash in the areas where hand probes were previously completed. We proposed borings" from a pontoon. Wash borings are completed by driving casing and N-values cleaning out the casing by jetting with drilling mud or water. (blows per foot) with split spoon samples are obtained using this drilling method. Vane shear tests can also be completed. A final report would be prepared with all soil data and subsurface parame- ters for alternate berm methods. The alternative berm methods with physi- cal dimension boundaries would be provided by your firm. We have estimated costs for our approach to this project. Actual costs will be based on the attached fee schedule. Phase I - Four borings with ATV and hand probes. Hours $/Hour $ Item -- Mob/Demob and moving 6 $ 145 $ 870 at site Soil Borings - 18 145 2610 (Est. depth - 40 ft.) _ 400 Vane Shear Test Equipment - Hand Probes with boat 24 80 1920 or waders Soil Logs, Analysis 4 85 340 1 S5 85 Report 2 28 56 Total Phase I Estimate $6280 Orr, Schelen, Mayeron `D j November 10, 1988 Page 3 Phase II - Twelve borings with pontoon. Item Hours $/Hour E Mob/Demob and moving 32 $ 90 $2880 on site Soil Barings 72 90 6480 Vane Shear Test Equipment - - 400 Soil Logs, Analysis 24 85 2040 Laboratory Tests - - 1800 Report 4 85 340 2 28 56 Total Phase II Estimate $13,955 The general conditions are attached and apply to this project. We estimate about 3 weeks to complete the Phase I and IT field work. Time for laboratory testing would be added to that. We estimate another 2 to 3 weeks to complete the lab tests as proposed. We anticipate working closely with your staff on this project. We proposed to keep you informed about the subsurface data as it is obtained and how that data may effect the project. Thank you for the opportunity to submit this proposal . Tf you have any questions please call us. We look forward to working with you on this project. Yourstruly,truly, vLawrence F. Felddssien, P.E. Vice President LFF/j w enc. GEOTECHNICAL ENGINEERIN. )RPORATION FEE SCHEDULE (Effective c—U'over 1, 1988) 1. TEST BORINGS AND MONITORING WELLS (Two-man Crew and Drill Rig): Travel A. Truck-mounted or skid-mounted rotary Diedrich D-25 $110/hour B. Truck-mounted (4-wheel drive) rotary CME 55 $120/hour C. Truck-mounted (4-wheel drive) rotary Mobile B-57 $130/hour D. Rubber tire-mounted (ATV) rotary CME 550 $145/hour E. Portable, non-rotary rig (gasoline or electric) $85/hour F. Portable Rig on Pontoon $90/hour i Notes: - Fees include use of auxiliary vehicles and tractor/trailer. - Pluslli t wear when coring -or rotary drilling. - Replacement of abandoned drilling equipment is charged when more economical than recovering equipment at normal hourly rate. - Mobilization of portable, non-rotary rig and pontoon priced on individual job basis. - Monitoring well materials priced on individual job basis. 2. ROUTINE FIELD AND LABORATORY TESTS A. Field Density Tests (Rates include technician and equipment.) 1. Sand Cone $40/hour 2. Nuclear $48/hour B. Proctor (moisture-density relationship of soils) 1. Granular Soil a. Standard $48/test b. Modified $57/test 2. Cohesive Soil a. Standard $67 test b. Modified $86/test C. Maximum-Minimum Density of Sand $88/test D. Density by Displacement $14/test E. Moisture Content $10/test F. Atterberg Limits $44/test G. Sieve Analysis $47/test H. Hydrometer Analysis $46/test I. Unconfined Compressive Strength S27/test J. Torvane $9/test K. Pocket Penetrometer $9/test L. Electrical Resistivity $39/test 3. OTHER TESTING SERVICES (see attached list) Priced on individual job basis 4. PERSONNEL A. Chief Engineer. $85/hour B. Senior Professional Engineer. $79/hour C. Professional Engineer. Professional Geologist. $58/hour D. Engineer. Geologist. $53/hour E. Senior Technician. $48/hour F. Technician II. Drill Crew Chief. $42/hour G. Technician I. Drill Crew Assistant. $34/hour H. Typist. Draftsperson. $28/hour S. DIRECT PROJECT EXPENSES Out-of-town per diem; plowing and towing; diamond bit wear; special equipment, materials, and supplies; special travel , transportation and freight; and subcontracted services. Cost + 15% NOTE: For items 1, 2, 3, 4F. 4G, and 4H, fees for services rendered over 10 hours per day and on Saturdays are increased by 20%, and on Sundays and Holidays by 30%• TERMS OF PAYMENT: 30 DAYS FROM INVOICE. FINANCE CHARGE ON OVERDUE BALANCES /1/8d GEOTECHNICAL ENGINEERING CORPORATION v J - \ IV aq_ Q . O w • / =p =p rV / " W U d W 2 h o h q7 SF Q m m % O U +' fi Q� Gac `ti O by •.,) N Q 4 �q-AP� {�� ?3P Q� 1( \ QO fM J2ay,0 TESTING SERVICE..` OFFERED (Some subcontracted or rented) Borings, Bore Hole Tests Monitoring Wells Truck, ATV, and Pontoon Mounted Drills Standard Penetration - Split Spoon Sampling Rock Coring Auger Borings Thin Wall Tube Sampling . Piston Sampler Dennison A Pitcher Tube Samples Static Cone Pressuremeter Vane Shear Screw Plate Inclinometer Piezometer Monitoring Wells Stabilization A Recovery Rate Field Permeability ' Pumping Test Screened Hollow Stem Auger Field Tests and Observations Exploration Seismograph Electrical Resistivity Field Density: Sand Cone, Nuclear, A Balloon Hand Cone Penetrometer Excavation Observation Piling Observation Caisson Observation Plate Load Test Static Pile Load Test Dynamic Pile Load Test (Case Method) Laboratory Tests Proctor Test : Standard and Modified Maximum/Minimum Density Moisture Content Density Atterberg Limits Sieve Analysis Hydrometer Analysis Specific Gravity Unconfined Compressive Strength Pocket Penetrometer Torvane Triaxial Shear Direct Shear Consolidation Permeability Electrical Resistivity Shrink/Swell R-Value (Hveem Stabilometer) CBR (California Bearing Ratio) 6187 GEOTECHNICAL ENGINEERING CORPORATION Page I of 3 GEOTECHNICAL ENGINEERING CORPORATION GENERAL CONDITIONS FOR SUBSURFACE EXPLORATION PROGRAMS INTRODUCTION Unless indicated otherwise and agreed to in writing (or initialed) by GEC and Client, the following conditions apply to the contract. In general , GEC provides work and services on properties not owned by GEC. GEC is responsible for its work and services, but (except as indicated herein) it is not responsible for the property and any structures, materials, contents, etc., in the air, on the ground, or underground at the property. Right-of-access to the site must be obtained by Client (or others). Unless informed otherwise, GEC will assume that right-of-access has been obtained and will proceed accordingly. TERMINOLOGY Client. The party (firm, organization, individual , or representative thereof) with whom =contracts. GEC. Geotechnical Engineering Corporation and its employees and agents. Liability. Damages, costs of defense, and/or other expenses adjudged against GEC or paid by GEC arising out of claims made against GEC. Materials containin pollutants. Drill cuttings, drilling fluids, cleaning liquids, . we deve opment water, soi and rock samples, protective clothing and equipment, etc. , which are exposed to or may contain pollutants. Pollutants. Any solid, liquid, gaseous or thermal irritant or contaminant, including smo e, vapor, soot, fumes, acids, alkalis, chemicals and waste. Scope of work. Principally the type, number, location, and depth of borings. Also the type and num er of laboratory tests and the type and extent of engineering analysis. Underground structures. Conduits, tanks, vaults, boxes, caverns, tunnels, walls, ootrngs, etc. Utility lines. Overhead and underground wires, cables, pipes, pipelines, mains, ai aT , services, connections, etc., for natural gas, electricity, telephone, cable TV, water, storm sewer, sanitary sewer, steam, condensate, oil , gasoline, other fuels, etc. SCOPE OF WORK The outcome of a subsurface exploration program is the direct result of the scope of work. GEC has expertise to determine the scope of work, and offers to do so at current fee schedule rates. Alternatively, Client may determine the scope and in so doing accepts commensurate responsibility for the outcome. During the course of the work, if - due to unexpected site conditions or other reasons - it appears that the scope of work should be changed, GEC will make reasonable effort to contact and inform Client. The scope will not be changed unless requested or authorized by Client. Page 3 of 3 BASIS Of COST GEC will perform the services described in this Contract and anyeadditional servicesfas requested by Client, and, unless indicated otherwise, will invoicSchedule rates. Any estimate of cost shall not be considered as a firm figure unless specifically stated otherwise. PAYMENT TERMS about an invoice, Client should so If Client has any dispute, question, or disagreement inform GEC within 15 days of date of invoice. Payment is past due thirty days from date of invoice. A finance charge A eone-half amount ppercent per month or the maximum rate allowable by law will be app to Past d INSURANCE GEC is protected by Worker's Compensation, Public Liability, Property Damage, and Professional Liability insurance. GEC will furnish certificates of insurance to Client upon request. - WARRANTY GEC warrants that its services will be performed in accordance with ns, times,tices oandnlocay exercised by reputable geotechnical engineers under similar conditions, tions. LIMITATIONS ON LIABILITY om encountered in Client should recognize subsurface recommendatio�ns sdevaeloped by y vary r GEC t are ebasedu and solely on borings, andthatconclusions e the information available and that such conclusions and recommendations may have to modified because of variances in subsurface conditions. s, breach of n d Client agrees to limit omissions, liability against igence tEC on o a pum not to exceed count of 9$5O OOO for the amount contract, errors,EC at t if Client does not wish to limit of GEC's fee, whichever is greater. Alternatively, GEC's liability, Client amust itioso na1�1O% of the totalfee. the contract is entered, and Client agrees to pay ences due orCforllcosts relatedlto the failuretofocontractorssorumaterialmenotoainstall nged conditions r other work in accordance with plans and specifications. A ALLIED TEST DRILLING COMPANY 4000 BEAU D'RUE DRIVE EAGAN, MN 55122 Exploration - Evaluation - Foundation Engineering (612) 452.6913 15 December 1986 Mr Dave Hutton, PE City of Shakopee Engineering Dept 129 East First Street Shakopee MN 55379 Re: Estimate of Price Proposed Subsurface Soil Investigation VIP Outfall Area, North of TH SOI Skakopee, Minnesota in accordance with your invitation, as communicated to us by Pete Willenbring of OSM, we hereby offer the following quota- tion for the above referenced investigation. This proposal is made in accordance with the general outline of requirements as communicated to us by Mr Wiilenbring, my interpretation of the data required, and my recent inspection of the site. The investigation would be conducted in accordance with usual and accepted soil engineering practices. We understand that the primary purpose of this investigation is to ascertain data sufficient for you to locate low berms at the outfall area, to separate trout stream flow and storm - 11 water flow. The main cause for concern is the potential for deposits of organic or soft soils in the vicinity. These soils, upon loading, could consolidate or otherwise fail in shear, thus rendering the berm less effective for the intend- ed purpose. To accomplish this, we would obtain soil samples at rather close intervals throughout the berm routes using a combina- tion of the power flight auger, hand auger, shelby tube, and possibly other methods ieg, piston sampler) as necessary. We may submit selected soil samples for organic content tests, consolidation tests, etc. Insofar as possible or applicable, all testing would be in accordance with ASTM requirements. On a very preliminary basis, we anticipate performing 17 bor- ings, depths from between 8 and 15 feet. As many as possible would be accomplished using a power flight auger. I assume we may obtain access- through a campground to the west. Some brush cutting on the actual site may be necessary, but this has been taken into account in the unit price. If enough cold weather occurs, we can accomplish our borings through the ice. If not, we can attemp to wade into the selected areas. loe Mr Dave Hutton, PE 15 December 1988 Page 2 As a last resort we mays have to rent a boat to gain access to drilling points in deeper open water. Depths of borings would be variable, sufficient to evaluate soil profiles in the area, and to render a preliminary opinion as to require- fTients for obtaining undisturbed samples. These undisturbed samples would be subject to full or 1 -load consolidation test=_ by a separate laboratory. Near the ❑ridge, I note that the stream bottom is naturally armored. Hand auger borings may not be possible here. On the oasis of the above, our estimate of price is as follows: Item Mobilization, Daily Mileage Power Flight Auger Borings Hand Auger Borings Shelby Tube Samples Consolidation Tests Normal 1 -load Organic Content Tests Boat Rental Analysis & Report, Eng Sup Total Estimated Price Est Unit Quantity Price Lump Sum s 125.00 130 if 6.00 56 if 5.00 4 ea 25.00 2 ea 280.00 2 ea 185.00 2 ea 5.00 actual cost Lump Sum 240.00 Extended Price $ 125.00 780.00 280.00 100.00 280.00 370.00 10.00 $ 2490.00 Refusal borings, if encountered, will be invoiced at $ 5.00 per foot. Otherwise, the project will be accomplished in ac- cordance with the above unit prices. Of course, some varia- tion in quantities could occur depending upon conditions en- countered. Hence, the final price could vary. A written report will be issued containing a project narra- tive, description of method of investigation, results of the investigation, including copies of lab test reports, boring logs and a location map, and such conclusions and recommenda- tions as are required to answer questions regarding soil suitablility for the intended purpose. Especially, a settle- ment estimate will be offered. Mr Dave Hutton, PE 15 December 1988 Page 3 I hope this provides you with the information you require. If you wish to proceed, please advise. If I can furnish addi- tional data, or if you have any questions an this or any oth- er matter, do not hesitate to contact us at your convenience. Sincerely, ALLIED TEST DRILLING COMPANY Patrick J Hines, PE President cc: Mr Pete Willenbring, OSM pH ►oi MEMO TO: Dennis Kraft, Acting City Administrator FROM: Dave Hutton, City Engineer-2ew - SUBJECT: Marschall Road at County Road 16 DATE: December 13, 1988 INTRODUCTION: Attached is a letter from Scott County indicating that the estimated cost to eliminate the "bump" at the Gorman Street intersection is $4,500.00, which would be a City of Shakopee expense. BACKGROUND: Scott County is proposing to install a traffic signal at the intersection of Marschall Road (C.R. 17) and County Road 16/Gorman Street. In February, 1988, the City of Shakopee executed an agreement with Scott County to pay for 25% of the construction costs since one-fourth of the intersection was a City street. At the time the agreement was executed, the estimated cost of the project was $70,000.00. The City portion was estimated at $17,500.00 for construction plus $2,450.00 for engineering fees for a total City cost estimated at $19,950.00. Scott County has now finalized their plans and is getting ready to bid the project. Their cost estimate for construction has now been revised from $70,000 to $75,000.00, which will raise the City cost slightly (by approximately $1,250.00). The County has also indicated that due to the installation of the traffic signal, the "bump" at Gorman Street must be removed for safety reasons. Staff has indicated to the County that Gorman Street is on the City's 5 -Year Capital Improvement Plan for total reconstruction, so there should be minimal work and expense on this leg of the intersection at this time. The County is proposing to remove approximately 20 feet of the Gorman Street leg and reconstruct that portion to eliminate the "dip". They are proposing to complete this work with County forces. They have estimated the cost for this work to be $4,500.00, which they indicate would be a City expense. Staff has indicated to the County that since this is a County construction project, it should be a County expense not a City expense. There have been many instances where City projects sometimes "encroach" on County streets but as a show of cooperation, the City has seldom asked the County to pay for that work. Staff has told the County that this request obviously indicates that the County is unwilling to cooperate with the City on projects. ALTERNATIVES: 1. Inform the County that the City agrees to pay County forces to remove the bump on Gorman Street at a cost of $4,500.00. 2. Utilize City forces to remove the bump. 3. Add this work to an existing City contract under a change order. RECOMMENDATIONS: Staff recommends Alternative No. 2, to utilize City forces to remove the bump on Gorman Street at the time the traffic signals are installed. The Street .Superintendent has indicated that City forces would be able to complete this work. The Finance Director has also indicated that the City portion of the signals (25%) which is estimated at $21,400.00 and covered by the existing agreement has not yet been funded. He indicates that the two options for funding this work is the General Fund Contingency or the Capital Improvement Fund. ACTION REQUESTED: Direct staff to notify Scott County that the City will be utilizing our own crews to eliminate the bump on Gorman Street, rather than County forces. 2. Move to fund the City portion of the traffic signals, estimated at $21,400.00 (25%), out of either the General Fund Contingency or the Capital Improvement Fund, whichever Council prefers, and inform the Finance Director of the decision. DH/pmp AGREE SCOTT COUNTY HIGHWAY DEPARTMENT %D mim" 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-6346 BRADLEY J. LARSON Highway Engineer DANIEL M. JOSE Asst. Highway Engineer DON D. PAULSON November 26, 1966 Asst. Highway Engineer Mr. Dave Hutton, Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: SAP 70-617-07 Dear Mr. Hutton: The Engineer's Estimate for the above project is $75,000 for the construction contract. In addition, the Scott County maintenance forces will be reconstructing the Gorman Street approach to eliminate the "bump" at the intersection of CSAH 17.. This work is estimated to cost approximately $4,500. If you have any questions or would like any further information, please contact this office. DMJ/kmg Sincerely, Daniel M. Jobe, P.E. Assistant Highway Engineer An Equal Opportunity Employer TO: Dennis R. Kraft, Acting Adm;nistrator FROM: Gregg Voxland, Finance Director J RE: Non-union Employee Benefits DATE: December 16, 1988 It -IL .3%`•iW.iiJn Annually, in recent years, there has been a meeting of the con -inion employees to review the benefit package provided by the City. A meeting was held 12/15/88 and the employees wished to bring a couple of it before council. A3CnRnT9,TY� Attached is a schedule of benefits provided to the various labor groups in the City of Shakopee work force. The non-union emgployee group requested that Council consider two changes (either individually or jointly) to the benefit schedule. Neither item involves arra immediate out of pocket cost to the City. 1. Provide the non-union employee group with the same vacation schedule that the public works group has. This would provide one additional day of vacation per year after 20 years with a maximum of 25 days. Current maxi,m,m is 20 days at the 16 year point. There is only one employee who would currently benefit fxtimi this charge (a Community Recreation en1ployee) and there would a very low cost impact fxam this at least for many years. Also attached is a memo from several department heads addressing this same vacation benefit schedule. 2. Increase the sick leave aclrmlation cap from 800 haus to 960 hours. Public works group has an 800 has cap with a severance pay out rate of 338, which is what the non-union grasp currently has also. The police officer unit and the police sergeant unit have unlimited ac utmrlation and a severance pay out rate of 453 of a maximim, 960 hours. The run -union group is requesting consideration of increasing the cap from 800 to 960 hours to provide more sick leave benefit for long term illness which is a growing concern and also provide more incentive for employees not to use acre of the leave that they have earned because they will lose it due to the 800 hour cap. They are not asking for an increase in the pay out rate upon severance. Another item which has been mentioned or briefly discussed aver the past two years, particularly in connection with comparable worth is the "extra" hours worked by exempt employees. Non-exempt employees get paid overtime or comptime at time and one half for work over forty hours per week. Exempt employees, with the exection of the current City Planner, Building official and Administrative Assistant, have no compensation for any work over forty hours. The payplan is based on comparable pay for "straight time" work. When an exempt employee and a nonexempt employee both work overtime, the nonexmgmt employee gets time and onehalf while the exempt employee get no compensation, which may result in loss of comparable pay contrary to the comparable worth act. Some cities are addressing this issue by giving exempt employees additional pay any where from 28 to 108 inaddition to the base pay. A few cities are providing extra "vacation or leave" days off instead of pay. Days off result in no out of pocket cost to the city and does not show as wages or in the pay plan. Five days off are equal to a little less than 28 of salary. A brief survey of 12 metro area mmmnmities indicated that 758 provided some additional form of compensation to exempt employees. The communities surveyed and the compensation Provided is as follows; Anoka 108 Blaine 108 Brooklyn Center 58 to qualified employee Fagan 8% Golden Valley 28 Prior lake no Fridley 58 Hopkins no £den Prairie 5 days additional vacation Richfield 58 Apple Valley 108 Crystal no Because of the use of Stanton market data in our pay plan there is some fraction of other cities bump in pay showing up in our pay. One half of cur pay Plan is based on Stanton and not all cities have a bump so the result may be on the order of 28 basad on the above data. Prior to the more strict application of the Fair Labor Standards Act, there was a system by which exempt eMPloyees could take time off based on overtime put in previously and with the approval of the Administrator. So in a sense there was a similar benefit which employees lost under current condidtions. The exert employees are requesting that Council give consideration to granting 5 extra days of leave to the actual exeunt employees who qualify by fairly consistently working more than 40 hours per week. Alternatives 1. Grant requests 2. Grant part of the requests 3. Deny all requests 4. Grant modified requests Recommendation Discuss the above requests and information and give staff direction on haw Council wishes to proceed. January 1, 1989 Health, Life & Disability Police Sergeants Uniforms ** Except Police Chief EMPLOYEE BENEFITS Non -Union Police $245/mo. $226.82/mo.* $246.82/mo. ** --- $450 1008 (3 in, 3 out, 1 on shelf, & 2 jackets) Public Works $245/mo. Holidays 11 11 11 Sick Leave - Earnings 12 days 12 days 12 days Cap 800 Unlimited 800 Severance 1/3 of 800 800 Severance 458 of 960 Vacation 0-5 years 10 days 10 days 10 days 6-10 years 15 15 15 11 15 16 15 12. 15 17 15 13 15 18 15 14 15 19 15 15 15 20 15 16 20 20 20 17 20 20 20 18 20 20 20 19 20 20 20 20 20 20 20 21 20 20 21 22 20 20 22 23 20 20 23 24 20 20 24 25 20 20 25 Holiday Buy Back --- Yes --- Minimum Call Back 2 hr. 2 hr. Standby --- Hourly Pay --- Working out of Classification --- Higher Pay *** Injury on Duty (Not charged to Sick Leave) --- 75 days 25 days *Personnel Policy allows that a Police Officer who retires at age 55 or thereafter with 15 years of service with the City of Shakopee shall be able to participate to age 65 with Officer paying actual premiums. This is not covered in Union Contract. ***All personnel with Light Equipment Operator/Parkkeeper classifications are paid at the Heavy Equip. Operator hourly rate for the last four pay periods of IwiByD TO: DENNIS KRAFT -Acting Administrator SHAKOPEE CITY COUNCIL FROM: DEPARTMENT HEADS SUBJECT: EXTENSION OF BENEFITS DATE: DEC. 9TH, 1988 INTRODUCTION: Certain benefits, earned by longevity, are given to union workers that are not available to non-union personnel. A request is being made by these workers to receive similar vacational benefits for personnel who are affected by this disparity. BACKGROUND: Several years ago, Police and Public Works union personnel bargained for, and received, longevity compensation for workers who have completed over 20 years of service to the City of Shakopee. This compensation was never given to non-union workers, although it was requested of Administration several times. As a result of this disparity, workers who utilize a bargaining agency receive more vacational benefits than co- workers who have many more years of service. Public Works union personnel receive 20 vacation days after 16 years, and also receive one day of vacation for each service year after 20 years, with a cap placed at 25 years for 25 days), while non-union workers receive 20 days, with a cap after 16 years of service. Police personnel receive longevity compensation in their pay plan commensurable to their years of service. Non-union personnel are again asking for an extension of their vacation benefits recognizing their many years of service to the community. Because they have no recognized bargaining body, this request for service related parity is now being requested of Administrative staff and City Council to be implemented effective January, 1989. In a survey of metropolitan communities conducted several years ago, it, was learned that the majority of the other municipalities offer this longevity benefit to their senior employees, whether they are union or non-union, in the form of one day of vacation given for each year completed over 20 years of service. Not all of these surveyed municipalities imposed a service cap. The following deparment heads are asking that this same benefit be given to the non-union employees of the City of Shakopee. Jim Karkanen - Public Works Tom Brownell - Police George Muenchow - Comm. Rec. Judy Cox - City Clerk LeRoy Houser - Building Insp. Dave Hutton - Engineer ACTION REQUESTED: Offer vacational benefits, proportionate to longevity, to City employees not represented by bargaining agents, effective January, 1989. 10K TO: Dennis R. Kraft, Acting Administrator FROM: Gregg Voxland, Finance Director RE: Health & Life Insurance Bids DATE: December 16. 1988 Introduction Council received the employee group health and life bids last council meeting. They were tabled pending an employee meeting and are now brought back for Council action. Back rg ound Attached is the memo Council received last meeting with the consultants report. The employee meeting was held 12/15/88 and was well attended including Lee Hennen and Gary Monnens representing both Principal Mutual and Blue Cross/Blue Shield as agents, John Kessler from Blue Cross and Charles Jelinek from Corporate Risk. Principal Mutual (current carrier) is the low bidder for life and long term disability which they bid together and will not split. Blue Cross/Blue Shield is the low bidder for health coverage. Their bid is not exactly the same as the current coverage but is an equivalent package with some features slightly better and some slightly worse. One item that was not in their bid was routine physicals that is in our current coverage. The Bl�-es will add that coverage for an additional premium of $2.88/mo. for single, $9.45 for employee plus 1, and $11.48 for family. The employees want this add back to the package. Our current carrier would have made some changes upon renewal so their bid is not exactly the same as our current coverage either. This bidding seems pretty clear cut. The employee meeting went well and it seemed that all the questions were answered. I have not had any calls or questions from Council on this issue. Charles Jelniek of Corporate Risk inc., who Council retained to do the bidding and evaluation, did a fine job of evaluating the bids and explaining them to the employees. Accordingly, I have told him that he did not need to attend the Council meeting unless I notified him otherwise. If Council wants him to attend they should let me know so I can contact him. Alternatives 1. Rebid. 2. Award bids as per above. 3. Make other award. Recommendation Alternative number 2. Action Recuested Move to authorize the proper city officials to execute the appropriate documents awarding the life and long term disability bid to Principal Mutual at an annualized cost of approximately $9,291 for long term disability and $6,876 for life and accidental death and dismemberment and awarding the health insurance bid to Blue Cross/Blue Shield at an approximate annualized cost of $108,912. J TO: Dennis R. Kraft, Acting Administrator FROM: Gregg Voxland, Finance Director RE: Employee Group Insurance Bids DATE: November 30. 1988 Introduction In accordance with state law, we have taken bids for the renewal of employee group insurance due to the four year requirement of rebidding. Background State law requires rebidding employee group insurance at least every four years or 508 increase in rates/premium. Council retained the services of Corporate Risk Managers, Inc. to handle the bidding process and analyze the bids. Their report is attached. The City has had Principal Mutual for more than 20 years and the staff and employees seem to be well pleased with the coverage. However, as -the report indicates, the cost to remain with Principal for the health coverage is substantially more than the other two fee for service plans. By keeping the life and long term disability coverage with Principal, we could take out their health coverage in the future. Once the City drops Principal entirely, we could not obtain any coverage from them again because we have grown too large for their program which is designed for the smaller employers. There does not seem to be a whole, lot here for Council to discuss. My suggestion is for Council to discuss, table the issue pending an employee briefing and then award the bid on the following Council meeting. Policy period would commence January 1, 1989. Alternatives 1. Table 2. Award the health insurance bid to Blue Cross/Blue Shield and the life and long term disability to Principal Mutual. 3. Status Quo and leave the total package to Principal Mutual by default. 4. Other award. Recommendation Alternative number 1. Action Reauested Move to table the employee group insurance bid until the next Council meeting. Corporate Risk Managers, Inc. 7515 macne0 roan • suite 109 • ecen prairie. mmnesota 55344 . (612) 937-8942 November 30, 1988 Mr. Greg Voxland Finance Director City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 RE: Group Insurance Bids Dear Greg: Following is a report on the bids received by the City for the various group benefit plans. Premium rate structures with projected annual costs are outlined on a separate report. HEALTH INSURANCE Bids for this coverage were received from five (5) carriers; Principal Mutual (incumbent carrier), League of Minnesota Cities, Blue Cross/Blue Shield, Physicians Health Plan and MedCenters. Principal Mutual Principal offers to continue the City's existing health plan but at somewhat higher cost. Rates were provided only on a two (2) tier system rather than the four (4) requested. On a composite basis, it appears that rates effective January 1 would increase by approximately 405. Considering the City's very good claims experience over the past three (3) years such an adjustment seems very large. - The carrier's retention for this program seems quite high. Per their answer to the bid questionnaire, the tolerable loss ratio of premium paid versus claims is only 705. In otherwords, they feel they need $0.30 of every $1.00 premium to support the program. Also, they are using a 245 inflation factor (which again seems high) so this will significantly increase premium rates. The advantage of this program is that it would continue benefits and adminis- tration status quo which would serve as a convenience to the City. Mr. Greg eoxland November 30, 1988 Page 2 p K_ Leaeue of Minnesota Cities As noted on the bid tabulation sheet, this proposal is appreciably less expensive than the above program, costing about that of the current plan. The League, through its administrator, Employee Benefit Plans, states that it will duplicate the benefits of the City's current plan. The majority of cities in the League program have less than 25 employees and their claims experience is pooled. Because of Shakopee's size, it would be in a category with 4 or 5 other groups for which premium rates are determined by claims experience and a pooling factor. This formula for rate calculation is in a transitional period and it is not now known how much credibility will be assigned to claims experience alone. The League does purchase insurance to protect against claims in excess of $45,000; it self—insures up to that amount. I believe this is a rather high reinsurance level considering that the pool of groups in the 25 to 99 participant range can number only a few hundred (at best) employees. The new rating formula could place quite a bit of emphasis on a group's own claims experience. The League program would be easier to review if the new rating formula, and possibly reinsurance level, was already determined. All participating groups in the League. program share a common anniversary date of July 1. The rates we have received in the recent bid are guaranteed only to that date and could change thereafter. By rate—setting time little would be known about Shakopee's claims experience so any change from bid rates would be determined primary by the experience of other cities in the Pool and the projected inflationary trend set by the plan administrator. Blue Cross/Blue Shield BC/BSM has submitted the lowest cost proposal. They do not intend to duplicate each and every benefit of the existing plan but the differences are not major. For example, the present plans waives the deductible for certain specified surgical procedures if performed on an outpatient basis; BC/BSM does require satisfaction of the deductible. The present plan pays up to $200 per calendar year for illness—related diagnostic x—ray and laboratory tests and pays 100% for such tests when done as an outpatient just prior to a hospital confinement. BC/BSM covers such expenses but they are subject to the deductible and coinsurance requirements. The present plan pays up to $1,000 for injury expenses after which deductible and copay apply. BC/BSM waives the deductible and copay com— pletely so expenses are covered in full up to the usual and customary payment limits. Both plans have out—of—pocket maximum limits of $500 per person, $1,000 per family, subject to usual and customary payment limits. Perhaps the biggest difference between Principal and BC/BSM is that the first plan pays for routine physical exams, the latter does not in this bid. It may be possible to add such coverage for additional premium. Mr. Greg Voxland November 30, 1988 Page 3 BC/BSM will offer an alternative drug coverage at no additional cost. Under such arrangement, prescription drugs will be covered in full subject to a $5.50 copayment. They are not subject to the usual $100 deductible and 20% copay. The $5.50 does not, however, apply toward satisfaction of the $100 deductible. Renewal premium rates are determined based primarily on the City's experience. However, a major advantage to the BC/BSM program is that there is a Low pooling limit of $20,000, after which the City's experience is no longer charged. This limit is set on a per contract basis rather than the usual per claim method. In the case of a multi—person contract (e.g. employee and spouse or employee plus all dependents) all claims incurred during the policy period are charged against the $20,000 limit. This could have a very positive effect on renewal rates should the City suffer a large claim which is becoming quite common with today's health care costs. Physicians Health Plan/MedCenters Both of these proposals are for HMO benefits. Aswithany HMO, the benefits offered are excellent. Considering this, the premium rates bid are competitive. The major problem with these plans are the generous benefit structure. Under current State law, if the City was to implement one of these plans a new, higher level of benefits would be established. In the future, the City would be re— quired to continue similar benefits regardless of premium cost unless the majority of employees or their bargaining agents agreed to a reduction. Ex— perience shows that this has been a difficult change to effect. CONCLUSIONS Considering both benefits and costs, my primary recommendation is for acceptance of the Blue Cross/Blue Shield bid. Even though the benefits are not quite equal to the present plan, there are other less obvious advantages. The premium savings is substantial such that the City could self—fund, if necessary, certain of the benefit differences, such as one (1) routine physical exam per year. The employees with family coverage would benefit in reduced premium contributions. Should the employees not agree with the above stated benefit changes or the City not wish to make such a change, my second recommendation would be for the League of Minnesota Cities program. Although more expensive than BC/BSM the benefit structure of the present plan can be duplicated. The City will be exposed to a possible rate change next July and there is a question about the final format of the rating formula. However, I believe that the League will act to control costs as best as possible for its member cities. Mr. Greg Voxland November 30, 1988 Page 4 LONG LONG TERM DISABILITY As noted on the bid tabulation sheet, only two (2) bids for this plan were received. The current carrier's rate is decidedly better than the competition. The present benefit structure remains unchanged. This appears to be a very good plan. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT Referring again to the bid tabulation sheet, it can be seen that the lowest bid was submitted by Minnesota Mutual Life. This plan is equal to, if not better, than the existing program. There is a noticeable reduction in cost from the Principal Mutual bid. Under normal circumstances, I would definitely recommend the Minnesota Mutual bid. However, Principal Mutual has "packaged" the Long Term Disability with the Life/AD & D plan and will not offer the LTD only to the City. Combining the cost for the two (2) programs shows that the Principal Mutual package is a little less expensive than the other possible combination of Minnesota Mutual/ Schools Insurance Fund. The City should, therefore, retain coverage for LTD and Life/AD & D with the present carrier. - SUMMARY Health Insurance First choice is Blue Cross/Blue Shield; second choice is League of Minnesota Cities. Long Term Disability — Life/AD & D As a "packaged" plan, accept the bid from Principal Mutual Life. If you have any questions, please let me know. Sincerely, CORPORATE RISK MANAGERS, INC. Aees Jelinek Benefits Manager Enclosure CJ/lb W 0 m d b Z ^ 0 4 P W m Z ^ 0 4 P 5 N m _• m O O w Y Y c m a w m c F m a u n m m 0 m m P N OQI N of iJ U A ul N n m H < c a CC O O tbv 'I N d N CSC m N ^mV R O O8 O 0 n �SU O 0 P n n ��SU Oh P LSU O O rOi b 5 Blue Cross anti Blue Shield of Minnesota P.O. Box 64560 • St. Paul, Minnesota 55164 December 5, 1988 Gary M. Monnens A & M Insurance Services 16228 Main Avenue S. E. P. 0. Box 308 Prior Lake, MN 55372 Dear Gary: Here is a sumrary of the routine benefits that were quoted to you over the phone today: lb K 1. Persons over 24 months - one routine office physical per person per calender year. Unlimited dollar amounts for routine lab and x-ray. No imtmizations. Waive deductible and coinsurance. 2. Baby up to 24 math - unlimited dollar amounts for all well baby services including imanications. Waive deductible and coinsurance. Adding these benefits to the previously quoted plan will make the rates: Single $81.74 2 Party $190.83 Family $246.55 Please call me with any questions. Sincerely, John W. Kessler Marketing Representative (612)456-1586 JWK:jr USA 9BB U B. OIYmm� Team IOL i ~ ~~ ~~ ~~~~ a0000 00 mmmmw iiiiii a :zxxzsi2==xx --------- mmmmm K<. a mmmmm ..mmmmm m -�axavvyy+vim. ....mmmmm mmm .. 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NH M H 0 0 0 0 0 0� 0 O M Y M O O O H O O H N H H M O M M M M M X 0 0'0'0* 0 0 H H H O O N H In O N O M H In H M H H H H H H H � H H H M M M 00 N M N m N H e w X X .Y X M X X rH'l nH'1 M N N m N O N N[-1N,N N N N N N N N N 0 000000 w N N N NwN 0 OJ N 0 0 0 ��F �wFy+vNi rnvri� zcz I I I I I I I I I O 7 m a �+N"ama o <n�eosaca❑ H .01+E ra"'w" ro � n c r i+ ro Y " µ 4 'C a n w w w wr r rn F N r r vINNN W W �n NW ON NN OD W-1 W�OY N�nrYN m�IWON OVI .n vl •rnme m0000w N r F m.n rn o �n �n o0 II n 0 i+ W �e _D M L CONSENT )DM MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clark - RE: Municipal Parking Lot Leases DATE: December 16, 1988 Introduction The annual municipal parking lot leases with Bergsted Properties and Brambilla's Autos expire at the end of the year. Background The City has granted the two leases to both parties for a number of years now. They are for the municipal parking lot west of Holmes and south of Levee Drive. Because this parking lot is not heavily used, leasing spaces has not posed a problem. The lease includes a 30 day notice of cancellation by either party and by the City of Shakopee. When work on the mini by-pass begins, the leases will have to be terminated. Bergsted Properties are leasing seven spaces. Brambilla's Autos are leasing 25 spaces at $12.00 and an additional 12 spaces are being provided at no charge for the tenants in the Brambilla apartments. This is consistent with the agreements of last year. Mr. Brambilla takes care of snow removal in this area and cleans up the litter. Alternatives 1. Enter into the leases. 2. Do not enter into the leases. 3. Amend the leases. Recommendation Alternative No. 1, enter into the leases. Action Requested Authorize and direct proper city officials to enter into an agreement with Jack Brambilla and Bergsted Properties for a municipal parking lot permit for 1989 for the Black Arrow parking lot at $12.00 per parking space. JSC/jms 1989 SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee, Minnesota, the owner of a municipal parking lot known as the Black Arrow Parking Lot, hereby grants to Brambilla's Autos the right to park vehicles in thirty-seven (37) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked where possible by the City, and shall be the eighteen (18) spaces in the middle of the lot east of the street light, seven (7) spaces in the northeast corner of the lot abutting Levee Drive, and the first twelve (12) spaces west of State Highway 169 abutting the alley, all in Block 5, Original Shakopee Plat. The grantee, Brambilla's Autos, shall pay to the City in advance, the sum of twelve dollars and no cents ($12.00) for 25 parking spaces. On a temporary basis, twelve parking spaces will be allowed at. no charge for tenants in the Brambilla Apartments. The vehicles using the 12 free parking spaces shall also obtain a temporary parking permit. This permission is for a period terminating on December 31, 1989, and may be cancelled by either party on thirty (30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. If permission is cancelled by the City for a violation of the terms and conditions hereof by the grantee herein, there will be no refund. There shall be no sales of vehicles and no repairs or storage of vehicles incapable of being legally operated upon public streets pursuant to the terms hereof. Cars which will not start because of dead batteries shall be permitted. Cars which do not have current registration shall not be permitted. The permit granted hereby is for the sole and exclusive use of the grantee named herein and agents and employees of said grantee and no other person. The grantee shall keep the portion of said lot covered hereby in a neat, clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the grantee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss, damage, or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, to the agents of the Lessee, to the employees of the Lessee and to the general public. /6 7K-� This agreement supercedes the agreement dated November 24, 1987 by and between these same parties. IN TESTIMONY WHEREOF, this instrument is executed this day of , 19_ BRAMB LAPS AUTOS BY t Owner CITY OF SHAKOPEE By Its Mayor By Its Administrator By Its Clerk 1989 SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee, Minnesota, the owner of a municipal parking lot known as the Black Arrow Parking Lot, hereby grants to "Levee Drive Associates", and their tenants, the right to park vehicles in seven (7) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked by the City, and shall be the first seven (7) spaces immediately east of Fuller Street and south of Levee Drive in Block 5, Original Shakopee Plat, and the lessee shall pay to the City in advance, the sum amount of Twelve Dollars and no cents ($12.00) per space per year. This permission is for a period terminating on December 31, 1989, and may be cancelled by either party on thirty (30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. If permission is cancelled by the City for a violation of ther terms and conditions hereof by the grantee herein, there will be no refund. The lessee hereby agrees to provide up to three parking spaces as needed, at the highrise site for handicapped congregate dining parking. There shall be no sales, repairs, or storage of vehicles and all vehicles must be currently licensed and operational. The permit granted hereby is for the sole and exclusive use of the lessee named herein and tenants of said lessee and no other person. The lessee shall keep the portion of said lot covered hereby in a neat, clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the lessee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss, damage, or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, to the tenants of the Lessee, and to the employees of the Lessee. The City shall continue providing snow removal services for the parking lot in the same manner as it provides services to all municipal parking lots. The lessee and his tenants shall cooperate with the City as needed to permit snow removal. This agreement supercedes the agreement dated November 24, 1987 by and between the same parties. 16 "YUP IN TESTIMONY WHEREOF, this instrument is executed this _ day of 19_ LEVEE DRI IATES By John Ber s ad Properties Su' a 257 33 South 10th Avenue Hopkins, MN 55343 CITY OF SHAKOPEE By Its Mayor By Its Administrator By Its Clerk CONSENT 10Y) MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk RE: 1989 Cigarette Licenses DATE: December 2, 1988 Introduction Although the City Code does not specifically state that the Council shall approve applications for a cigarette license, the City Attorney has advised that it would be in order to authorize the City Clerk to issue cigarette licenses for 1989. Background The applications are in order and there are no delinquent and unpaid taxes, when owner occupied. For your information attached is a copy of the 1988 cigarette licenses issued. Recommended Action Authorize the City Clerk to issue cigarette licenses for 1989. (No need to list all licensees.) JSC/jms 1988 Tobacco Licenses 88-1 Cleve's Red Owl 828 East 1st Avenue 88-2 Scottland Hotels, Inc. 1244 Canterbury Road 88-3 Snyder Drug 1128 Minnesota Valley Mall 88-4 Valleyfair One Valleyfair Drive 88-5 Eastman Drug 214 South Holmes 88-6 Hennen's ICO 807 East 1st Avenue 88-7 Rock Spring Supper Club 1561 East 1st Avenue 88-8 Holiday Station Stores 444 East 1st Avenue 88-9 Backstretch Bar 124 South Holmes 88-10 American Legion 1266 East 1st Avenue 88-11 Jim & Lucy's 201 West 1st Avenue 88-12 Sport Stop 101 South Lewis 88-13 Riverside Liquors 507"East 1st Avenue 88-14 Super 8 Motel 581 South Marschall Road 88-15 Brooks Superette #28 615 Marschall Road 88-1b Brooks Superette #42 1147 Canterbury Road 88-17 K -Mart Minnesota Valley Mall 88-18 Koehnen's Standard 804 East 1st Avenue 88-19 Valley'Liquor 1102. Minnesota Valley 88-20 Shakopee Bowl 222 East 1st Avenue 88-21 Tom Thumb 590 Marschall Road 88-22 Shakopee House 1583 East 1st Avenue 88-23 Superamerica 1155 East 1st Avenue 88-24 Mpls. Northstar Auto Auction 7700 State Highway 101 88-25 Cy's Amoco 312 West 1st Avenue 88-26 Juba's Super Valu 1100 Minnesota Valley 88-27 Budget Liquor 6268 Highway 101 88-28 Art Berens & Sons Inc. 123 West 2nd Avenue 88-29 Wampach's Restaurant 126 West 1st Avenue 88-30 Friendly Folks Club 122 East 1st Avenue 88-31 Minnesota Concessions 1100 Canterbury Road 88-32 Q Petroleum 234 West 1st Avenue 88-33 Anchor Glass Container 4108 Valley Ind. Blvd. 'st�svenae- 88 34 88-35 Wo i..-fsa-ter Spo ag-6eeda Happy Chef --S^' BasE 1120 East 1st Avenue 88-37 The Pullman Club 124 West 1st Avenue 88-38 K -Mart Distribution Center 901 Canterbury Road 88-39 Roberts Drug 814 East 1st Avenue 88-40 VFW Post 4046 132 East 1st Avenue 88-41 Perkins 1205 East 1st Avenue 88-42 Fraternal Order of Eagles 220 West 2nd Avenue 88-43 Shakopee Dairy Queen 835 West 1st Avenue 88-44 Racing Promotions OneCheckeredFlag Blvd. 88-45 Backstretch RV Park 8855 E. 13th Avenue 88-46 Damile, Inc. 2400 E. 4th Avenue 88-47 .7 & D of Shakopee 911 E. 1st Avenue Mall Mall ioo MEMO TO: Dennis R. Kraft, Acting City�Administrator FROM: Judith S. Cox, City Clerk --'K— RE: Contract with Municipal ,Ordinance Codifiers for Updating the City Code DATE: December 16, 1988 INTRODUCTION: Attached is a 1989 maintenance proposal from Municipal Ordinance Codifiers, Inc. for updating and maintaining the Shakopee City Code. BACKGROUND: Our current contract with Municipal Ordinance Codifiers, Inc. expires at the end of the year. Municipal Ordinance Codifiers prepared the current City Code in 1978 and have been under annual contracts for updating and annual revision conferences since that time. Mr. Rodger Jensen, Counsel and Lori O'Reilly, Codifier, meet annually with the City Administrator, City Attorney, and City Clerk for a revision conference. During the revision conference, Mr. Jensen points out changes which have occurred in the state Law since the last revision conference and makes recommendations for changes to the City Code in order that the City Code might be consistent with the State Law: In some cases a ordinance may need to be adopted in order to implement a new State Law. In addition, Mr. Jensen reviews all the ordinance$ the City has adopted since the last City Code update and clarifies any questions he may have and points out any inconsistencies with State Law which may need to be clarified. After the revision conference, Mr. Jensen prepares the ordinances for Council consideration, which have been discussed within the revision conference. After Council adopts the recommended ordinances, the Codifiers type up therevision pages for the City Code and present them to staff for copying. The attached proposal for 1989 contains the same fees as were used in the 1988 proposal. The cost for the 1988 City Code revisions, including conference in City, drafting amending ordinances, and preparation of revision pages came to $1,483.00. Assuming Council adopts approximately the same number of ordinances between conferences, funds are budgeted in 1989 for the updating of the City Code. Continue with the annual updating of the City Code. Regularly update the City Code every two years. Begin an unstructured updating of the City Code. RECOMMENDATION: Staff recommends Alternative No. 1, to Continue with the annual updating of the City Code. Many departments rely daily on the City Code. The Police Department especially, needs an accurate City Code to reference for violations. Staff strongly recommends that the Council continue to have the City Code updated annually to provide staff with a current tool with which to operate. (Codification is a special area, and current staff has neither the expertise nor the time to update the City Code.) RECOMMENDED ACTION: Authorize appropriate City officials to enter into a 1989 contract with Municipal Ordinance Codifiers, Inc. at $90.00 per hour for council, $50.00 per hour for codifier, and $25.00 per hour for typing revision pages for updating the Shakopee City Code. JSC/tiv • . OW4 p0 1989 MAINTENANCE PROPOSAL TO: THE CITY OF SHAKOPEE, MINNESOTA (City) FROM: MUNICIPAL ORDINANCE CODIFIERS, INC. (Revisor) 7400 Lyndale Avenue South Minneapolis, MN 55423 THE REVISOR HEREBY PROPOSES to revise, update and maintain the City Code of the City on a regular basis. Upon acceptance of this Proposal, the City and the Revisor agree, as follows: At a time agreeable to both the City and Revisor, the City shall forward to the Revisor all ordinances adopted during the preceding year. Thereafter, the City and Revisor shall hold a revision conference in the City for the purpose of reviewing City Code provisions affected by interim court decisions and legislative enactments. Revisor shall, as a result of such conference, prepare revision ordinances and submit them to the City for adoption. Copies of the revision ordinances, after adoption, shall be provided the Revisor and the Revisor shall prepare substitute Code pages ready for off -set printing by the City. The City shall provide Revisor with two copies of all substitute pages at no cost to Revisor. The City shall pay Revisor for such maintenance, billed semi- annually, at the following hourly rates: $90.00 - Counsel $50.00 - Codifier $25.00 - typing revision pages (No separate charge for typing ordinances prepared by Revisor). This Maintenance Proposal encompasses the calendar year 1989. This Proposal expires forty-five (45) days after the date hereof unless previously accepted. MUNICIPAL ORDINANCE CODIFIERS, INC. ) U Rodg r . Jense , Date PresfdVt and Counsel THE FOREGOING PROPOSAL is hereby accepted by the City this day of , 19 IOP MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Reimbursement of Fees from Scott County Lumber Company Litigation DATE: December 14, 1988 Introduction The City of Shakopee was involved with the Scott County Lumber Company on a zoning case during the past two to three years. The insurance company, International Surplus Lines Insurance Company, is offering to reimburse the City for 358 of the defense costs incurred in this lawsuit. Background The City of Shakopee was sued by the Scott County Lumber Company over the use of property south of County Road 16 for a quarry operation. The initial trial in District Court resulted in the City winning the lawsuit. Subsequent to that the District Court decision was overruled by the Appeals Court. Following the Appeals Court decision the City Council appealed to the State Supreme Court. The State Supreme Court refused to hear the case and therefore the Appeals Court decision stood. Subsequent to that the City filed a claim for reimbursement of fees regarding this litigation with the City's insurance company. The insurance company has indicated that they are willing to reimburse the City for 358 of the defense costs. The reimbursement is subject to. the City's $2,500 self insurance retention. The matter has been discussed with both Assistant City Attorney Rod Krass and with the City's Finance Director Gregg Voxland. After a review of the offer Rod, Gregg and I all recommend that the City accept this 358 reimbursement offer from International Surplus Lines Insurance Company. Alternatives 1. Accept the offer as stated. 2. Do not accept the offer and indicate to the insurance company that we do not accept their offer. Recommendation It is recommended that we accept the 358 reimbursement offer. Action Requested Move to accept the reimbursement of 358 of the defense costs incurred from the International Surplus Lines Insurance Company in conjunction with the Scott County Lumber Company versus City of Shakopee lawsuit. International Surplus Lines Insurance Company ♦ November 17, 1988 GCity of Shakopee 129 East First Avenue Shakopee, NN 55379 Attn: Phillip Kress INSURED: CITY OF SHAKOPEE CLAIM NO.: 96-410339 POLICY NO.: 524-062342-8 CLAIMANT: SCOTT LUMBER COMPANY Dear Mr. Kress: A XEROX Financial Services 200 South Wacker Drive Chicago, Illinois 60606 (312) 993-M We have reviewed your request for reimbursement of fees regarding the above captioned claim. We have reviewed the complaint and have applied our policy exclusion to the allegations. As such we are offering to reimburse the City for 35% of Defense costs incurred for this matter, as the bulk of the complaint seeks non -monetary relief. We are also requesting that we be provided with a copy of the dismissal and any other pertinent documents for our records. Please advise us if this offer is acceptable to you. Any reimbursements, as you know is subject to the City's $2,500 self-insured retention. Should you have any questions, please contact me at (312)993-6319. Sincerely, aida Tones Senior Claim Representative 2a/j:/08/02 cc: Sue Sichmiller Capesius Agency, Inc. P.O. Box 97 129 S. Holmes Street Shakopee, MN 55379 //021 TO: Mayor and Council FROM: Dennis R. Kraft, Acting City Administrator RE: 1989 Pay Plan for Non -Union Employees DATE: December 15, 1988 Introduction Attached is Resolution No. 2999 Adopting the 1989 Pay Plan for officers and non-union employees. Background The 1989 budget has 4% built in for wage increases, 3.5% for "cost of living adjustment"(cola) and .5% for market adjustments. There was no study done at budget time to pick the 3.5% vs 4% or 5%, it was just an arbitrary pick. The City went 3.5% cola for 1988 while the Stanton average for all positions in the group 5 cities was 4.1%. Part of this comes back through our pay plan formula as market adjustments. Based on a couple informal surveys at meetings, a c1Par majority of other cities are going up 4% for 1989. Council may want to consider whether 3.5% or 4% is the appropriate adjustment for 1989. The 1/2% more would be a budget impact of about $4,000 which could be considered to be offset by the vacant administrators position. The 3.5% plus market adjustments fits with the overall budget as adapted. The pay plan and pay schedule presented for 1989 has an adjustment of 3.5% for 1989 and adjustments due to Stanton market data are incorporated according to the schedule or plan we have used the past two years. wages for the Fire Department are unchanged. The top of the range for temporary employees was increased 3.5%. The schedule upon which the pay plan is based has an added column to indicate which positions are classified as exempt (for overtime) according to the Federal Fair Labor Standards Act. Earlier this year the City Council acted to pay Overtime to three employees who occupy exempt positions. If the Council wants to reconsider any of these positions on this issue, it should be done at this time. There is also position added to the plan for the parttime/seasonal positions that the City has. This will clarify what the pay rates will be for those position in advance of the hiring. The City contribution to health and life insurance (and dental if provided) is increased by $10 per month (included in the budget). Alternatives 1. Approve pay plan as presented 2. Modify percentage increase for 1989 3. Make other modifications Recommendation Alternative 1. Action Recuested Offer Resolution No. 2999, A Resolution Adopting the 1989 Pay Schedule for the Officers and Non -Union Employees of the City of Shakopee, Minnesota, and move its adoption. pck� RESOLUTION NO. 2999 Z40,61PUR •w• • • • i 1• • 9i• • 1 • P N•i �I I i.•Y• BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIAIMPEE, MM SOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury, from and after January 1, 1989 or other date as specified and payable to the duly elected, appointed, or hereby designated and appointed non-union eplcyees of the City of Shakopee, in accordance with the attached 1989 pay schedule dated January 1, 1989 heretofore adopted, or hereinafter adjusted. BE IT FTWHER RESOLVED, that all aforesaid disbursements shall be made subject to the prevailing conditions of employment and satisfactory performance of all the respective duties and responsibilities as specified in State Law, City Code and Resolutions as adopted, or amended and supplemented from time to time by the Council. BE IT FU= RESOLVED, that the City contribution for health, life, long-term disability and dental insurance and/or an individualized health care account as may be provided by Council, shall be no more than $245 per month per employee, effective January 1, 1989. All employees shall receive this $10 per month increase over the benefit provided in 1988. BE IT FtMHER RESOLVED, that all Resolutions in conflict with this Resolution are hereby repealed and terminated, effective January 1, 1989. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee City Clerk Approved as to form this day of , 19 City Attorney 1989 PAY SCHEDULE JANUARY 1, 1989 Positions Elected Officials Salary Authorized Mayor $4,200 /yr 1 Councilpersons 3,600 /yr 5 City Employees --------------- See attached 1989 Pay Plan City shall pay 1/10th of the amount shown on the pay plan as its share for the Community Recreation Director Fire Chief 2,000 /yr 1 Assistant Fire Chief (1st) 1,000 /yr 1 Assistant Fire Chief (2nd) 900 /yr 1 Fire Department Engineer 1,650 /yr 1 1st Asst Fire Dept. Engineer 1,350 /yr 1 2nd Ass't Fire Dept. Engineer 700 /yr 1 Fire Training Officer 1,350 /yr 1 Fire Captain 500 /yr 2 Firemen 7.50 /hr 35 Misc. Temporary Employees from 3.85 /hr N/A to 11.01 /hr CITY OF SHAKOPEE 16 -Dec -88 Print 16 -Dec -88 Revised 1989 Pay Plan ------------------------------------------------------ Step Step Step Step Step Step #1 -Start #2-lYr #3-2Yr #4-3Yr #5-4Yr #6 (Top) JOB TITLE ------------------------ OVT ----------------------------------------------------------- 758 808 858 908 959 1008 ----------------------------------------------------------------------------------- City Admin. E 42,169 44,981 47,792 50,603 53,414 56,226 Fin. Director E 35,463 37,827 40,192 42,556 44,920 47,284 Comm. Develop. Dir E 33,440 35,669 37,898 40,127 42,357 44,586 Police Chief E 37,489 39,988 42,488 44,987 47,486 49,986 Comm. Services Dir E 29,582 35,060 37,251 39,442 41,634 43,825 City Engineer E 33,945 36,208 38,471 40,734 42,997 45,260 PW Superintendent. E 30,137 32,146 34,155 36,165 38,174 40,183 Building Official E 29,470 31,435 33,400 35,364 37,329 39,294 City Clerk E 25,825 ------------------------------------------------------ 27,546 29,268 30,990 32,711 34,433 step Step Step Step #1 -Start #2-lYr #3-2Yr #4 (Top) 759 808 908 1008 Planner II E -------------------------------------- 26,837 28,626 32,205 35,783 --------------- Dep Chief E 31,534 33,636 37,840 42,045 Admin. Asst. E 24,618 26,259 29,542 32,824 MIS Coordinator E 25,678 27,390 30,814 34,238 Program Supervisor E 24,084 25,690 28,901 32,112 Eng. Coordinator 25,169 26,847 30,203 33,559 Ass't Bldg Inspect 24,181 25,793 29,017 32,242 Housing Inspector 24,181 - 25,793 29,017 32,242 Tech III/MIS Cord. 23,940 25,536 28,727 31,919 Planner I 23,383 24,941 28,059 31,177 Sr.Act.Clk/Prsnl.Cord. 23,420 24,982 28,104 31,227 Tech III 21,698 23,144 26,037 28,930 Tech II 19,285 20,571 23,142 25,714 Secretary 16,831 17,953 20,198 22,442 Acct'g Clerk 15,766 16,817 18,919 21,021 Clerk/Typist II 15,640 16,683 18,768 20,854 Clerk/Typist I 13,838 14,760 16,605 18,450 Receptionist 13,537 14,440 16,245 18,050 Custodian 13,697 14,611 16,437 18,263 TEMPORARY/SEASONAL POSITIONS START 1YR TOP Engineering Inspector 9.61 10.68 Tree/Weed Inspector 5.40 6.00 Code Enforcement Officer 5.78 6.43 Public Works Laborer 5.40 6.00 Pool Aid 3.60 4.00 Pool Guard/Instructor 5.18 5.75 Pool Cashier 5.18 5.75 Pool Asst Manager 6.07 6.75 Pool Manager 6.30 7.00 /I 1AFMn ro o c� s.mmEiin m Eoo8oe8.�%�$ * ¢axq„ser E�:: S.s""s2C.- o ron�oomnl ,,, P� H" . 1S' 9FM �pp n�fNmx ° rni Rp• p0 Yn�Mi �� n pn� 6C E p.°O t'O "'mak"e g9n 9n Oe :sFaR- P ww wMp T" Y. 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OSJbJJr i4fRfRafaf 4ltRaif RtRfRaaf ltf Rf Ra of lff Hlafflf RRRif It tfRaaaff tf laffif tRa c > 5 r0 flYN.NYr n NNNN.rr.rrYY.pYrr rrYY.YY Mi I$�81 .Ex I �E5», to . ... ..... .p.... NI ..tl.JrxWtl.N.� YI x�r ' =N. xxxxxxx xxxx xxxxxxx xxxxxxxxxxx Trade and Economic Development. 4. That the United States of America and the State of Minnesota be and they hereby are, assured of full compliance by the applicant with the regulations of the Department of Interior, effectuating Title VI of the Civil Rights Act of 1964; Rehabilitation Act of 1973, Section 504; Age Discrimination Act of 1975; and Executive Order 11246, Equal Employment Opportunity. 5. That the City of Shakopee enter into an agreement with the State of Minnesota, Department of Trade and Economic Development, Outdoor Recreation Grants Section, to provide such grants as are specified in numbered paragraphs 1 and 2, above, for the years 1988-1990. 6. That the Mayor of the City Council, the City Administrator and the City Clerk are authorized and directed to execute such agreement and any supplemental agreements thereof. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 1988. Mayor of the City of Shakopee ATTEST: ty Clerk Approved as to form this _ day of 1988. City Attorney RESOLUTION #3000 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT A FINAL APPLICATION AND EXECUTION OF SUBSEQUENT GRANT PROJECT AGREEMENTS TO DEVELOP EAST -SIDE (JEJ) PARK UNDER THE PROVISION OF THE STATED BONDED FUND. WHEREAS, the State Bonded Fund provides for the making of grants to assist local governments in the acquisition and development of outdoor recreation projects; and WHEREAS, the City of Shakopee desires to develop certain land known as East -Side (JEJ) Park, which land is to be held and used for permanent open space; and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part rof a comprehensive outdoor recreation plan and five-year action program (capital improvement); and WHEREAS, it is estimated that the cost of developing said interest shall be $43,800.00; and WHEREAS, upon project approval, the City of Shakopee must enter into formal grant project agreements with the State for the specific purpose of developing East -Side (JEJ) Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Shakopee: That an application be made to the State of Minnesota, Department of Trade and Economic Development, Outdoor Recreation Grants Section, for a grant from the Bonded Minnesota Laws 1987, Chapter 400, Section 8, subdivision 2 (a) for an amount presently estimated to be $43,800.00 and the applicant will pay the balance of cost from other funds available to it. 2. That the Mayor of the City Council, City Administrator and City Clerk are directed to execute and file: a) such application and the five-year action program with the State of Minnesota, Department of Trade and Economic Development, Outdoor Recreation Grants Section and to provide additional information and furnish such documents as may be required by said Department; and b) to act as the authorized correspondents of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses and that should said grant be made, the applicant will develop and retain said land for uses designated in said application and approved by the National Park Service and the Department of ALTERNATIVES• 1. Move to approve Resolution #3000 authorizing the appropriate City officials to submit a final application and to execute subsequent grant project agreements under the LAWCON Program. Do not approve Resolution #3000. Staff recommends alternative #1. ACTION REQUESTED: Move to offer Resolution #3000 authorizing the appropriate City officials to submit a final grant application and the execution of subsequent grant project agreements to develop East- side Park under the provisions of the State Bonded Fund (LAWCON). CONSENT MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: 1989 LAWCON Grant Application (East -Side Park) DATE: December 15, 1988 INTRODUCTION• In June the Shakopee City Council authorized the appropriate City officials to submit a preliminary grant application to the Department of Trade and Economic Development for funding under the 1989 LAWCON Program. BACKGROUND: In July the City of Shakopee submitted a preliminary application for 1989 Outdoor Recreation Grant Program Assistance (LAWCON). The application provided for the improvement and development of East -Side Park (JEJ). The initial total project cost estimate for the improvements was $55,000. The proposed improvements included grading, sodding and seeding. The proposal also addressed the construction of an ice rink, walking trail, basketball court, archery range and relocation of a tot lot. In November I received notification from the Department of Trade and Economic Development indicating that the City of Shakopee has received preliminary grant approval. The majority of the project components were approved with the exception of the archery range, biking/walking trail and relocation of a tot lot. The present estimate for improvements that are eligible for funding is $43,800. LAWCON program requires that 50% of this amount be funded with local dollars. Shakopee's local match for this project was not budgeted for in the upcoming 1989 budget. It is my understanding that in 1989 the Park Reserve Fund will be carrying a $15,000 shortfall on the funds available for improvement, assuming all scheduled projects are completed. If we are fortunate enough to receive final grant approval for the East -Side Park project, Council will have to address the source of local funds for this project. Alternatives include re - prioritizing projects proposed for construction in 1989 or adjusting the current City policy on the allocating park dedication fees (development vs. acquisition). Since final grant approval is not guaranteed, I am not proposing that we address this issue at this time. If City Council wishes to pursue the LAWCON application for the development of East -Side Park, it would be appropriate at this time to move approval of Resolution #3000 which authorizes the appropriate City officials to submit a final application and execution of subsequent grant project agreements to develop East - Side Park. 0 rT{ yY] H x H 0 m E 0 0 0< K K N G) R N 'O WT W. vHi 0 no P mm N p O R r 0 m m m F K o rt S F 0 0 nwOY O 0 nm O Am 1 O V R rt K m Y T T 0 P00o rt W Rl W m m Yw\0m QH HM �C xSab W rt m µ O pµ tn% 0 CO • µ \O 3 o m In p m < O K 2'+ mSJ O m m R W M M a'J' m'J' rt G K 0 N` 0 m O- 0 0 - 0 w K Q 0 a d K . 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N m w MEMO TO: Mayor and City Council FROM: Newton Parker, Housing Inspector RE: Adoption of Housing Code DATE: December 14, 1988 INTRODUCTION: At the Council's request, staff separated the fee section from the proposed Housing Maintenance Code and attached it to an amendment (2995) of the general fee resolution. The fee schedule was also studied and modified. While looking at the fees, a number of clarifications were suggested and incorporated in the proposed code. The changed sections are 4.424 (1&5), 4.425(#1), and 4.427. Section 4.429 (1) was also changed to March 15, 1989, to allow more time to set up the Homestead program. All other sections remain the same. As instructed the City attorney has reviewed the code and prepared a summary for publication. BACKGROUND: The ad hoc committee that studied the fees for the Housing Maintenance Code had some good suggestions for the clarification and improvement of the Homestead portion of the code. Changes were therefore made in the proposed code that better define the process and which will facilitate the issuing of certificates of occupancy. The starting time for the Homestead part of the program was also moved to March 15, 1989, for a couple of good reasons. Once in place, homestead certificates will take priority over all other certificates except those involved with immediate hazard situations. The later date will give staff more time to inspect the city core area before being pressed by the real estate community. Moving the date will also give staff more time to inform realtors and the public about the program and how it will work. There is often a sharp rise in real estate listings during February which might overload staff during the start-up phase. By moving the date, staff should be better prepared to deal with the increased load. As the program progresses, inspections of homesteads will cycle quite well with inspections for rental properties producing a steady year-round work load. As directed by the Council, the City Attorney has reviewed the proposed code and has prepared a summary ordinance for publication in the newspaper. - 2 - ALTERNATIVES• 1) Adapt Housing Maintenance Code (Ordinance #261). 2) Make additions/changes in proposed Code. RECOMMENDATION• Staff recommends alternative number 1, adopting the Housing Maintenance code (Ordinance #261). ACTION REOUESTED: Offer Ordinance 261, Housing Maintenance Code, and move its adoption. ORDINANCE # 261 Fourth Series pC, An ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code Chapter 4 entitled "Construction Licensing, Permits and Regulations" by Repealing Section 4.40 entitled "Housing Code" and by Enacting a New Section 4.40 entitled "Housing Maintenance Code" and by Adopting by Reference Shakopee City Code Chapter 1 and Section 4.99 Which Among Other Things Contain Penalty Provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: Repeal Section 4.40 of the Code entitled "Housing Code" is hereby repealed. SECTION II: Adopt New Section 4.40 entitled "Housing Maintenance Code" is hereby adopted. Subd. 4.401. The Uniform Housing Code, 1985 edition, published by the international conference of Building Officials, is hereby adopted by reference as though set forth verbatim herein. One copy of the said code shall be marked CITY OF SHAKOPEE - OFFICIAL COPY and kept on file in the office of the City Administrator and open to inspection and use by the public. Source: Ordinance No. 225, 4th series. Effective date: 5-27-87 Subd. 4.402. Title and Scope (See Chapter 1, Uniform Housing Code). 1. Application. The provisions of this Housing Code shall provide minimum requirements to safeguard health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings, structures and accessory structures within the City of Shakopee. The provisions of this Housing Code shall apply to all buildings or portions thereof used, designed or intended to be used for human habitation. Applicable requirements shall apply to all accessory structures, rooming houses, lodging and/or boarding houses and house trailers used for human habitation. 2. Conflict of Ordinances. In any case where a provision of this ordinance is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of this City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. Effect of Partial Invalidity. If any subsection, paragraph, sentence, clause, or phrase of this ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance, which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared to be severable. Alteration. Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as new work, alterations or enlargements are concerned. If the alterations are such that they cause or threaten to cause unsafe conditions in the unaltered portions of a building or threaten the safety or safe operation of other nearby structures, then said alterations are prohibited unless the affected structures are also brought into compliance with this and/or other appropriate codes. Requirements for. Repair and Replacement Work. Any person doing any repair and/or replacement work on any residential building, structure and accessory structure covered in this ordinance Code shall complete the repair and/or replacement work in compliance with the standards contained in the definitions of repair and/or replacement in Subd. 4.410 herein. 6. Relocation. Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all requirements of this Code. Subd. 4.403. Enforcement (reference Chapter 2, Uniform Housing Code). Authority. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. Right of Entry. Upon presentation of proper credentials the Building official or his duly authorized representatives may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon him by this Code. Privacy. The Building Official shall keep confidential all evidence exclusive of the inspection record, which it may discover or obtain in the course of an inspection made pursuant to this section and such // C' evidence shall be considered privileged. Responsibilities Defined a. Every owner remains liable for violations of duties imposed upon him by this Code even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. b. Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition including the shared or public areas in a building containing two or more dwelling units. C. Every owner shall, where required by this Code, furnish and maintain approved sanitary facilities as required, and shall furnish and maintain approved equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests. d. Heating Rental Properties. Every owner, operator or manager of any building who rents, leases or lets for human habitation any habitable room contained within such building on terms, either expressed or implied, to supply or furnish heat to the occupants thereof, shall maintain a minimum temperature of 68 degrees Fahrenheit between September 1 and June 1, inclusive, at a point 3 feet above the floor level and not closer than 36 inches from any wall. The heating equipment shall be properly installed and maintained throughout the year. e. All occupants shall, where required by this Code, keep their premises in a safe and sanitary condition. f. Every occupant of a dwelling unit, in addition to being responsible for keeping the dwelling or dwelling unit or premises which they occupy and control, in a clean, sanitary and safe condition, shall dispose of all rubbish, garbage and other organic waste in a manner required by this Code. Subd. 4.404. Hazardous Buildings (reference Chapter 10, uniform Housing Code). All buildings or portions thereof which are determined to be substandard as defined in this Ordinance Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 11 of the Uniform Housing Code. Subd. 4.405. Posting to Prevent Occupancy (reference Chapter 11, Uniform Housing Code and section 4.09 of this code). The Building Official may post any building or structure under his jurisdiction when found to be in direct violation of the Housing Code, preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated, reasonable period of time and that the responsible person or persons has failed to correct the cited items. In cases of emergency, a building or premises may be immediately posted and the occupants, if any, evacuated. No person shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. Subd. 4.406. Appeals !reference Chapter 12, Uniform Housing Code). Whenever the Building Official shall take action which is disputed, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongfully interpreted, the aggrieved party may appeal within 30 days from the date of the decision of the Building Official to the Housing Advisory and Appeals Board as directed by section 203 of the Uniform Housing Code. Actions of the this board may also be appealed to the City Council for final decision. All appeals to the City Council require a non-refundable fee. Subd. 4.407. Procedure for Conduct of Hearing Appeals (reference Chapter 13, Uniform Housing Code). Subd. 4.408. Permits and Insoections (reference Chapter 3, Uniform Housing Code). The following repairs are exempt from building permit requirements, if they do not affect or involve any plumbing, electrical, mechanical, structural or subsurface member and if the repair returns the affected area to its intended original condition: Paint Siding Roofing/Gutters/Downspouts Trim/Moldings/Shutters/Decorations Glass (but not window frames) Weatherstripping/Caulk/Tuck Pointing Walks/Landscape Masonry (if not on City easement) Non -Structural Hardware Finish Flooring/Carpets Door Slabs (but not door frames) Fences O££icial or Housing Advisory and Appeals Board. (reference Chapter 14, Uniform Housing Code). Subd. 4.410. Definitions (reference Chapter 12, Uniform Housing Code). For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this Part. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Terms, words, phrases and their derivatives used but not specifically defined in this Code shall have the meaning defined in Chapter 4 of the Uniform Building Code, as adopted by reference as a part of the Shakopee Ordinance Code. Accessory Building or Structure. Accessory building or structure shall mean a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises. Apartment House. Apartment house is any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of two or more families living independently of each other performing their own cooking services in the apartment house. Bulk Container. Bulk container shall mean any metal garbage, rubbish and/or refuse container having a capacity of (2) cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal. Board of Appeals. Board of Appeals when used herein shall mean the Housing Advisory and Appeals Board of the City of Shakopee. Building Official, Health Officer. The Building Official or Health Officer shall be defined as the person or persons designated as Building Official or Health Authority by the City Administrator. Dormitory. Dormitory shall mean a building or group of rooms in a building used for institutional living and sleeping purposes by (4) or more persons. Dwelling. Dwelling shall mean any space wholly or partially used or intended to be used for living, sleeping, cooking, and eating: provided that temporary housing as hereinafter defined shall not be classified as a dwelling. Industrialized housing and modular construction which conform to nationally accepted industry standards and used or intended for use for living, sleeping, cooking and eating purposes shall be classified as dwellings. Dwelling Unit. A dwelling unit is a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes. Efficiency Living Units. Efficiency living unit is any room having cooking facilities used for combined living, dining and sleeping purposes and meeting the requirements of Section 503(b) Exception, of the Uniform Housing Code. Egress. Egress shall mean an arrangement of exit facilities to assure a safe means of exit from buildings. Family. For housing purposes family shall mean one or more individuals living together and sharing common living, sleeping , cooking and eating facilities. For purposes of this code family shall mean the same as household. Habitable Room. Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes, and utility rooms of less than (50) square feet of floor space, foyers, or communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas. Hot Water. Hot water shall be water at temperature of not less than 110 degrees fahrenheit. Household. A household shall mean a family as defined in this subdivision. Guest. Guest shall mean an individual who shares a dwelling unit in a non -permanent status for not more than (30) days. Kitchen. Kitchen shall mean any room used for the storage, preparation, and serving of food and that contains at least the following equipment: sink, stove or microwave oven, refrigerator, cabinets and/or shelves, and a counter or table. Kitchenette. Kitchenette shall mean a small kitchen or an alcove containing cooking facilities. Nuisance. The following shall be defined as nuisances: 1. Any public nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a // C, building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors. 3. whatever is dangerous to human life or is detrimental to health. 4. overcrowding a room with occupants. S. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewerage or plumbing facilities. 7. uncleanliness. 8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings. Occupant. Any person, firm, partnership, association, organization, corporation or other who shall be in actual possession or have charge, care or control of any dwelling within the City. Ordinary Summer Conditions. ordinary summer conditions shall mean a temperature of (92) degrees fahrenheit. ordinary winter Conditions. ordinary winter conditions shall mean a temperature of (-18) degrees fahrenheit. Owner. Any person, firm, partnership, corporation or other association who alone, jointly, or severally with others is the fee owner of record of any dwelling or dwelling unit within the City or any trustee or guardian or other representative of the fee owner or his estate. Person. The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as to partnerships or association, the word shall include the officers, agents or members thereof who are responsible for any violation of such section. Plumbing. Plumbing shall mean any and all equipment, fixtures, and connections made to water, sewer or gas lines including but not limited to the following: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, valves and connectors. Premises. Premises shall mean a parcel of land either occupied or unoccupied by any structure or structures. Privacy. Privacy shall mean the existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference, either by sight, sound, or presence by unwanted individuals. Properly Connected. Properly connected shall mean connected in accordance with accepted industry standards and/or all applicable code and ordinances of this City as from time to time enforced; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health. Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items. Replace or Replacement. Replace or replacement shall mean to remove an existing item or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. Rooming House. Rooming house shall mean any dwelling other than a hotel or motel or that part of any dwelling containing (1) or more rooming units, and/or (1) or more dormitory rooms and in which persons either individually or as families are housed without the provision of meals. Space Heater. Space heater shall mean a self-contained, heating appliance of either the convection or radiant type and intended primarily to heat only a limited space or area such as one room or two adjoining rooms. Temporary Housing_ Temporary housing shall mean any tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than (30) consecutive days. Water Closet. Water closet shall mean a toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level. // C' Subd. 4.411. Built-in Deficiencies Exempt. The following are built-in deficiencies and shall be exempt from compliance with the Ordinance Code; provided, that such built-in deficiencies were in compliance with a building code at the time of construction and/or do not pose a hazard. 1. Ceiling Height: Any existing habitable room with less than a 7.5 foot ceiling height shall be considered a built-in deficiency which is beyond reasonable correction. Superficial Floor Areas: Any existing habitable room of less than 90 square feet shall be considered a built-in deficiency and beyond reasonable correction. Natural Licht and ventilation: Any existing habitable room with window area less than 10 percent of the floor area shall be considered a built-in deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5 percent of the floor area. Subd. 4.412. Space and Occupancy Standards (reference Chapter 5, Uniform Housing Code). No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements: Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate circulation area, and which shall be equipped with the following: a. A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the City of Shakopee. b. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not under ordinary summer conditions require refrigeration for safe keeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food. A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than 45 degrees (F) but more than 32 degrees (F) under ordinary maximum summer conditions, which are properly installed with all necessary connections for safe, sanitary and efficient operation; provided that such stove, refrigerator, and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of said, stove, refrigerator and/or similar devices are provided. 2. Within every dwelling unit there shall be a non - habitable room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition. Said flush water closet shall be equipped with easily cleanable surfaces, be properly connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be properly connected to a sewer system which is approved by the City of Shakopee. The room shall have an operable window or mechanical ventilation sufficient to provide the equivalent of 5 air exchanges per hour. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is properly connected to a sewer system approved by the appropriate authority. Water inlets for lavatory sinks shall be located above the overflow rim of these facilities. Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same rooms as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated water under pressure, and which is /I G connected to a sewer system approved by the appropriate authority. Water inlets for bathtubs shall be located above the overflow rim of these facilities. Every dwelling unit shall have at least two (2) means of egress leading to safe and open space at ground level, and which meet all requirements of Chapter 8 of the Uniform Housing Code. Every dwelling unit in a multiple dwelling shall have immediate access to two (2) or more approved means of egress leading to safe and open space at ground level, or as required by the laws of this State and the City of Shakopee. Bedrooms located below the fourth (4th) floor shall be provided with an exterior door or window of such dimensions as to be used as a means of emergency egress. 6. Structurally sound hand rails shall be provided on any steps containing four (4) risers or more. Porches, patios, and/or balconies located more than three (3) feet higher than the adjacent area shall have structurally sound protective guard or hand rails. 7. Each dwelling unit shall have facilities for the safe storage of drugs and household poisons. 8. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. 9. No person shall let to another for occupancy any dwelling or dwelling unit unless all exterior doors and windows of the dwelling or dwelling unit are equipped with appropriate, functioning locking devices. 10. Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Every inside and outside stair or step shall have uniform risers and uniform treads. 11. Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather -tight, water -tight and damp -free, and shall be kept in sound condition and good repair. Floors, interior walls and ceilings shall be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment. Walls shall be capable of affording privacy for the occupants.