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HomeMy WebLinkAbout02/21/1989 MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Non-Agenda Informational Items DATE: February 16, 1989 1. Mark your calendars - Board of Review for the City of Shakopee has been set for May 9, 1989 at 7:00 p.m. 2. Judy did talk with Mr. Tom Hennen, County Auditor, about writing something for the paper regarding tax statements. He seemed to be agreeable to do so. He did indicate that the county taxes aren't going up drastically. He thought the approach that he might use is to suggest that residents compare their tax statements for this year with their tax statements from last year. The tax statements do breakout the taxes for each taxing jurisdiction. Without saying so, residents can determine where the large increases are. 3 . Attached is a copy of Administrative Policy No. 167, Enforcement of Snow Removal from Public Sidewalks. 4. Attached is a memorandum from Dave Hutton regarding 5th Avenue between Fillmore and Market Streets. 5. Attached is a memorandum from Barry Stock regarding a Dial- A-Ride contract dispute. 6. Attached is the Revenue and Expenditure Report as of January 31, 1989. 7. Attached are the minutes of the February 13 , 1989 City Council Worksession. S. Attached are the minutes of the January 25, 1989 Energy & Transportation Committee meeting. 9. Attached are the minutes of the January 11, 1989 Community Development Commission meeting. 10. Attached are the minutes of the January 11, 1989 Downtown Ad HOC Committee meeting. 11. Attached are the minutes of the October 5, 1988, January 9, 1989 and January 10, 1989 SPUC meetings. 12 . Attached is a memorandum from LeRoy Houser regarding the closing of Arnie's Bar. 13. Attached is a memorandum from Jack Coller regarding the status of projects and reducing the size of the Council from five to four members. 3 ADMINISTRATIVE POLICY NO. 167 SUBJECT: Enforcement of Snow Removal from Public Sidewalks DATE ADOPTED: February 8, 1989 SOURCE OF AUTHORITY: Department Heads/Staff Meeting On January 17, 1989, the Shakopee City Council moved to enforce the snow removal ordinance that is in effect rather than go by complaints, by a timely inspection within the time limits of the ordinance. The current City Code requires the removal of snow from public sidewalks within the commercial zones within 12 hours after each snow fall and within 24 hours after each snowfall within area zoned other than commercial. The Building Department will inspect and prepare the lists of property owners and addresses where snow has not been removed within the required time frame. This list will be provided to the Public Works Superintendent. The Public Works Superintendent will see to it that the snow is removed from the sidewalks. The Public Works Superintendent will provide the Finance Director with the names and addresses of the parties whose snow has been removed. The FInance Director will mail bills to the appropriate parties whose snow has been removed. This policy supercedes the policy dated October 10, 1988. CC: City Administrator City Clerk Building Official Public Works Superintendent Finance Director City Council - Info Item 2/21/89 JSC/tiv "7 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: 5th Avenue Between Fillmore and Market DATE: February 15 , 1989 INFORMATIONAL ITEM FOR COUNCIL One particular property owner that was at the public hearing for the above referenced project is under the impression that staff is preparing an "Option 4" for Council consideration. Option 41 as brought up by Mr . Cal TenEyck , was identical to Option 1 except for not improving that portion of 5th Avenue between Fillmore Street and Main Street. On the contrary , Council did not direct staff to prepare any fourth option, but rather ordered plans and specifications for the entire project as described by Option 1 in the feasibility report. Staff is not preparing a fourth option for Council consideration. As I indicated at the public hearing, many different options can be developed for this project. Option 1 is the only alternative i that completes all improvements to all the streets and utilities in the area . All other options are considered "partial " alternatives by only completing parts of the streets and utilities. Option 4 was considered during the preparation of the feasibility report but was not included in the final report since it did not meet the project limits as described in the petition. I have no doubt that Option 4 is feasible, as were Options 2 and 3 but Option 1 is the only option that completes all improvements. In order to complete the transportation network, provide utilities to the entire area, promote development which will in turn increase the tax base and provide additional housing, staff still recommends that Option 1 be ordered. Staff wanted to inform Council that an Option No. 4 is not being prepared and that preparing a fourth option would not bring out any new information that was not brought up at the public hearing. If Council desires that a report be done on Option 4 , then staff should be directed to do so. DH/pmp OPTIONS MEMO TO: Shakopee City Council FROM: Barry A. Stock, Administrative Assistant RE: Dial-A-Ride Contract Dispute (Non-Agenda Informational) DATE: February 17, 1989 INTRODUCTION• On February 7, 1989 the Shakopee City Council directed staff to negotiate an agreement with Morley Bus Co. for the provision of Dial-A-Ride service in Shakopee. On February 15, 1989 a formal dispute was registered by Metro Ride Inc. protesting the City of Shakopee's decision. (See attachment #1) . BACKGROUND: The Dial-A-Ride request for proposal specifications does set forth a dispute resolution process for providers who feel they have been unfairly treated. On February 15, 1989 the Energy and Transportation Committee reviewed the proposed Dial-A-Ride contract between the City of Shakopee and Morley Bus Co. The Energy and Transportation Committee also reviewed Metro Ride's formal dispute and found that the methodology utilized by the review team was consistent with the best interest of the City of Shakopee, the procedures set forth by the Regional Transit Board and the request for proposal specifications. At that time, the Energy and Transportation Committee moved to recommend to City Council that the Dial-A-Ride contract between the City of Shakopee and Morley Bus Co. be approved. In accordance with the dispute resolution process set forth in the request for proposal specifications, the request for proposal review team met on February 16, 1989 to consider Metro Ride's dispute. At that time, the review team found no basis in Metro Ride's formal dispute to justify a change in position in terms of Dial-A-Ride provider selection. It was the consensus of the review team that they would proceed in entering into agreements with Morley Bus Co. for the provision of Dial-A-Ride service to their transit service areas. The review team also drafted a formal response to Metro Ride's protest. Because the City of Shakopee is under contract with the Regional Transit Board, the disputing party (Metro Ride Inc. ) may pursue their dispute with the Regional Transit Board. Regardless of whether or not Metro Ride intends to pursue the dispute to a level higher then the City of Shakopee, the Energy and Transportation Committee is recommending that the City of Shakopee proceed in entering into an agreement with Morley Bus Co. for the provision of Dial-A-Ride service in Shakopee. This matter will appear before the Council at their March 6, 1989 . meeting. COVlU)MgETRO RIDE INCB0027thAve.S.E • Minneapdis,MN 55414 • (612)331-31611 February 15, 1989 Harry A. Stock Administrative Assistant 0 City of Shakopee 129 East First Avenue _.. Shakopee, MN 55379-1376 .. . Dear Mr. Stock : Metro Ride has been advised that the cities of Eden Prairie, Chaska, Chanhassen (Southwest Metro) , Shakopee, and Plymouth approved the selection of Morley Rus Company as the Dial-A-Ride contractor. Metro Ride is filing a formal protest of this award of contract as stipulated in the request for proposal . Metro Ride' s reasons for protest are enumerated in the previously submitted letter dated February 2, 19e9 (see Attachment A) . In addition to the four areas delineated in the February 2 letter, Metro Ride suggests that it would be in both the contracting bodies' and the bidders' best interests to reexamine the methodology used by the review team. The participating bodies might prequalify bidders and award the contract on the basis of the lowest price submitted by qualified bidders. This meti:cd would eliminate current evaluation system' s irability to explain the distinction between awarding bidders 1 point or 2 points in a particular category or how one proposed new vehicle is more desirable than another new vehicle. The purposed change in methodology would remove the element of subjectivity in the evaluating process. The remedy requested by Metro Ride through this letter of protest is that Metro Ride, the lowest responsible bidder, be awarded the Dial-A-Ride contract. Sincerely, Ed Wisniewski President EAW/jw Attachment METRO RIDE INC. 8W 24th Ave.SE. Minreapolis,MN 55414 • (612)331-3161 February 2, 1989 Attachment A Barry A. Stock Administrative Assistant City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Dear Mr. Stock: Metro Ride was notified on Friday, January 27, 1989, that the transportation evaluation review team for the Shakopee and SWMTC Dial-A-Ride Program will recommend that Morley Bus Company be awarded the service contract as described in the RFP dated December 8, 1988. Metro Ride formally disputes this recommendation. Metro Ride believes that several issues were not adequately addressed in the preliminary recommendation. There are at least four categories in which criteria used in ranking Morley Bus Company is inconsistent with documented data. In order to reach an objective and fair decision, the following information should be considered : 1 . Price Metro Ride' s charge to provide the service described in the RFP for the Shakopee and SWMTC Dial-A-Ride service is $518,648 per year. Service provided by Metro Ride would meet all specifications delineated in the RFP. Morley Bus Company's cost to provide service is $585,360 per year. The savings provided by contracting with Metro Ride is $66,712 per year, or $200,136 over the three-year contract period . By contracting with Metro Ride, the participating bodies would realize a substantial savings for this service. 2. Vehicles The RFP states that a combination of mini-vans and 15- passenger vans is preferred for the Dial-A-Ride and SWMTC service. Metro Ride, in its presentation to the =valuating committee on January 24, stated it would provide all new vehicles in any combination and color preferred by the J WRIME4th Ave.S.E. • Minneapolis.MN 55414 • (612)331-3161 ry Stock February 2, 1989 Page Two participating bodies. Provision of such vehicles meets the Optimum specifications in the RFP. However, Metro Ride was ranked second in the "Proposed Vehicles" category on the evaluators' review sheet. 3. Vehicle Maintenance and Safety Programs Morley Bus Company received the highest ranking in this category. However, information provided by the Metro Mobility Administrative Center, of which both Metro Ride and Morley Bus Company are considered major providers, suggests that this ranking may not be based on actual operating statistics. The following MMAC data is based on the period January 1 - December 31, 1988. (Complete MMAC summary report is attached. ) Morley Bus Metro Ride (Suburban Paratransit) Accidents/Incidents 24 1 Safety Related Complaints 15 2 Vehicle Condition Complaints 23 O Driver Courtesy Complaints 9 O Metro Ride questions how Morley Bus Company, with the above level of complaints in comparison with Metro Ride, is accorded a higher rating in the maintenance and safety area. Metro Ride's driver training program, which produced drivers who received no rider complaints, was ranked below that of Morley Bus Company's, which received a significant number of courtesy complaints. In August, 1988, the Regional Transit Board financed an on- site vehicle condition and maintenance inspection program at Morley Bus Company. This extraordinary action was precipitated by numerous vehicle safety concerns raised by the public. c(IJ S METRO RIDE INC. 800 24th Ave.S.L • Minneapolis.MN 55414 • (612)3'31-3161 Stock February 2, 1989 Page Three 4. Conflict of Interest One member of the evaluating team was a former supervisory employee of the Morley Bus Company (Suburban Paratransit Division) . This fact raises the issue of conflict of interest and raises doubts about the objectivity of the evaluation. Metro Ride requests that the above-raised issues be addressed by an independent evaluating team before the final contract is awarded. It is not Metro Ride's intention to degrade the Morley Bus Company in any manner, for both companies operate in a friendly, competitive spirit. However the questions raised in i this letter require an extensive company-by-company comparison so that the residents of Shakopee and Eden Prairie area receive the most reliable transportation service available. Sincerely, i Ed Wisniewski President i EAW/jw Enclosures cc : Beverly Miller, SWMTC Judy Hollander, RTB Mark Ryan, RTB Delores Labens, Mayor, City of Shakopee Gary Peterson, Mayor, City of Eden Prairie Common Council Members, Cities of Shakopee and Eden Prairie Roger Pauly, Eden Prairie City Attorney Jack Coller, Shakopee City Attorney CITY OF SHAKOPEE V *� r INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553791376 (612)445-3650 �A)' February 21, 1989 •` ' Ed Wisniewski, President Metro Ride Inc. 800 - 24th Ave. S.E. Minneapolis, Mn 55414 Dear Mr. Wisniewski: On February 15, 1989 I received a correspondence from you formally protesting the cities of Eden Prairie, Chaska, Chanhassen (Southwest Metro) , Shakopee and Plymouth's approval of the selection of Morley Bus Co. as the Dial-A-Ride provider in each of the aforementioned service areas. In accordance with the dispute resolution process outlined in the request for proposal, this correspondence shall serve as the participating bodies formal response to your dispute. In your letter dated February 15, 1989 you enumerated the following issues as the basis for your dispute: 1. Price, 2. Vehicles, 3. Vehicle Maintenance and Safety Programs, 4 . Conflict of Interest, and 5. Evaluation Methodology. The remedy requested by Metro Ride through your letter of protest is that the participating bodies award the Dial-A-Ride contract to Metro Ride to serve the Southwest Metro and Shakopee service areas. On February 16, 1989 the request for proposal review team met to consider Metro Ride's dispute. Prior to responding to each of your concerns, the request for proposal review team would like to review the evaluation process that was followed. The participating bodies evaluation process began with the issuance of a Request for Proposal (RFP) , in which specifications of the service were stated, the expectations of the participating bodies and the evaluation process that would be followed. The process continued with a pre-bid conference at which the RFP was discussed in greater detail and providers were given the opportunity to ask questions and raise issues with the RFP. Once the proposals were received, copies of each were sent to the individuals that were selected to serve on the review team. The review team then met to review the proposals as a. group. At that meeting, it was the consensus of the review team to schedule an interview with each of the perspective providers that submitted a proposal. Following the interview process, each individual member of the review team (with the exception of the The Heart Of Progress Valley AN EWAL OPPORTUNITY EMPLOYER RTB representative) ranked each proposal based on the evaluation criteria described in the RFP. I should point out that each individual member of the review team ranked the proposals based on the needs and best interests of the service area they were representing. Upon ranking the proposals, each individual member of the review team (with the exception of the RTB representative) made a recommendation to their , participating body's governing board in terms of provider selection. By coincidence, each of the three participating bodies independently ranked Morley Bus Co. as the preferred provider for their service area. On February 16, 1989 the request for proposal review team met to consider Metro Ride's dispute. The review team would like to point out to Metro Ride that cost was not the sole determining factor in selecting a provider for service. In fact, cost was only one of five factors evaluated by the review team. The review team also felt that their evaluation was consistent with what was stated in the request for proposal specifications. Finally, the review team contends that their was no technical failure or flaw in the evaluation process. As a courtesy, the review team would like to respond to each of your individual concerns. 1. Price - As stated in the RFP, the proposal with the lowest hourly rate would receive the highest ranking. The participating bodies agree that Metro Ride Inc. did in fact submit the proposal with the lowest hourly rate to the Southwest Metro and Shakopee service areas. Southwest Metro and Shakopee each gave Metro Ride the highest ranking in this category. Since all the providers were told at both the pre-bidders meeting and in several different sections of the proposal specifications that cost would not be the sole determining factor in awarding the contract, the review team does not feel that it would be proper to select a provider simply based on their cost quotation. The review team would also like to challenge the cost saving figures illuded to by Metro Ride in their dispute. Since Morley Bus Co. is proposing to provide service on a revenue hour basis as opposed to Metro Ride's scheduled hour cost proposal, the cost differential between the service proposals is greatly diminished. In fact, this one difference alone between the Morley proposal and the Metro Ride proposal could be more then enough to offset the cost differential between the two proposals. Additionally, Morley Bus Co. has proposed to provide additional vehicles - in two hour increments at their quoted hourly price for service. Metro Ride Inc. on the other hard has agreed to provide vehicles at their quoted hourly bid price in eight hour increments. Given the fact that the service areas in I question are rapidly expanding, Morle_y's proposal again offers an advantage over Metro Ride's proposal in terms of cost. Finally, in Southwest Metro's evaluation of the proposals, Morley's Bus Co. 's proposal was enhanced by the fact that they bid on all three systems. 2. Vehicles - For this evaluation criterion, the proposal that provided vehicles most closely to those requested and in best overall operating condition and appearance along with the most comprehensive vehicle maintenance and safety program would receive the highest ranking. The review team concurs that Metro Ride did meet the request for proposal specifications regarding vehicles to be provided. The reason Morley Bus Co. ranked higher in this category was due to the fact that Morley Bus Co. not only met the proposal specifications in this area, but they exceeded them. Morley Bus Company proposed a greater degree of flexibility in the selection of several different types of vehicles available and also the painting and design schemes to be used on the vehicles. It was consensus of each member of the review team that in this criteria, Morley offered the best overall vehicles for service. 3 . Vehicle Maintenance and Safety Program - The request for -proposal specifications did not have a separate individual evaluation criterion ranking category for vehicle maintenance and safety program. However, these two items were included in the review criteria that reviewed vehicle types and maintenance practices. The RFP stated that proposals that had the most comprehensive vehicle maintenance and safety programs would receive the highest ranking. Based on the maintenance and safety programs specified in the proposals received, the review team ranked Morley Bus Co, higher than Metro Ride in this category. Prior to ranking the proposals, the review team checked the references provided by the prospective bidders. The review team was aware of the MMAC data provided by Metro Ride Inc. in their dispute. Upon the review team's analysis of this information and based on the reference checks, the review team felt that the number of complaints was not out of line in relation to the number of passenger trips provided by Morley. Additionally, the review team reviewed the provider performance statistics in the RTB's legislative report on metro mobility. This study revealed that Morley Bus Co. had a lower ratio of passenger complaints to total trips provided in relation to Metro Ride. Finally, since the - service requested is not metro mobility service, the review team was impressed by the fact that Morley Bus Co. is currently operating Dial-A-Ride programs that paralleled the service requested. The transit review team spoke with the Transit Administrator in charge of these systems and discovered that White Bear Lake area transit has received less then 10 passenger complaints in the last 10 years. Additionally, in the NEST program, the number of complaints received in the first year of operation have been minimal. 4. Conflict of Interest - Prior to initiating the request for proposal process the review team was aware of the fact that the representative from the Regional Transit Board serving on the review team was a former supervisory employee of Morley Bus Co. (Suburban Para Transit Division) . The review team takes issue with Metro Ride's contention that this fact may have distorted the review teams objectivity in performing the evaluation. It has been 4 1/2 years since Mr. Ryan worked for Morley Bus Co. Additionally, Mr. Ryan is the responsible party at the Regional Transit Board in charge of assisting RTB providers in selecting operators in accordance with the RTB's Standards, Procedures and Guidelines for Competitive Procurement of public transit service contracts. The review team would also like to reiterate that Mr. Ryan did not participate in the ranking of the proposals. Finally, Mr. Ryan is the Regional Transit Board's Project Manager for each of the three participating bodies. 5. Evaluation Methodology - The review team concurs that the methodology utilized in selecting a provider was subjective in nature. However, the review team believes that the methodology and ranking system utilized in evaluating the proposals was fair and impartial. The review team also contends that they have followed and exceeded the request for proposal guidelines as set forth by the Regional Transit Board. The process utilized by the participating bodies is not in conflict with the normal procedures established and regularly utilized by the Regional Transit Board. Metro Ride's suggestion that providers be pre-qualified would not eliminate the element of subjectivity in }completing the evaluation process. Finally, since this is a request for proposal, municipalities are not legally obligated to select the provider with the lowest cost proposal. On February 16, 1989 the review team unanimously endorsed the selection of Morley Bus Company as the provider for the participating bodies service areas. The review team found no basis in Metro Ride's formal dispute to justify a change in position in terms of Dial-A-Ride provider selection. The review team would like to thank Metro Ride Inc. for submitting a proposal for the services requested. I hope that our analysis of your dispute meets with your favor and addresses your concerns. This concludes the local dispute resolution process and the participating bodies are proceeding in entering into an agreement with Morley Bus Co. If you have any other questions or require additional information, please feel free to call me at 445-3650. Sincerely, Barry A. Stock Administrative Assistant BAS:trw CC: Gregory Andrews, Ex. Director RTB Mark Ryan, Programs Mgr. RTB Frank Boyles, Asst City Manager, Plymouth Beverly Miller, Ex. 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YJa nlNmN w w o e o e N oVl - oNoeoNaoe000.lo ' e"o0 J eebmo4uJYo fm T 1 0;0 ode D y b �N W am4ry_+ ' OYYJYWe - Pn y aW u - 4m YwYJ1N 1pY-Po J Ym-Im a-N y e s JPoIY�'Poo'�e Ovule! w tlfl mpoYlJN ♦YonJ ' - w ro' 'o Pa`deo J-oaJePem o=no eu oN a mwmoYrealJ Ool.UoeePoo-eNom oWYOPO+wN Z JoeNooO peo00eYOJouoN o;+moYtlYJo m Fl .I_ . . , .. I I I � . " � I j I I m I � I �, � i � i N � � � I � i i a � i � � i o 0 4� ~ J i � .< � I 1 f � � � � I w i. i i i � � I � i � � i i � i j I i � I� i j I a a ' � , y� i i y u � � I K 6 F � o i z� �. 1 z r� 'a i � I m z< I m i ' � i �g i � ' � s � I ' � � '! ', � � I � i I i I i � o <s a �o � � i � r F I � i I � o � 1 LL a � �' � r.,a . ; . .: .. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL WORKSESSION SHAKOPEE, MINNESOTA FEBRUARY 13, 1989 Councilmembers met with department heads at 4 :00 P.M. at the Shakopee House for the purpose of establishing goals and objectives for 1989. Present were: Cncl.Clay, Wampach, Zak, Vierling, Scott, and Mayor Lebens. Also present were: Leroy Houser, Building Official; George Muenchow, Shakopee Community Services Director; TOM Brownell, Chief of Police; Charlie Ries, Fire Chief; Judith S. Cox, City Clerk; Jim Karkanen, Public Works Superintendent; Dave Hutton, City Engineer; , Gregg Voxland, Finance Director; Julius A. Coller II, City Attorney; and Dennis Kraft, Acting City Administrator. Mr. Kraft reviewed the 1988 Goals and Objectives. Council and staff formulated goals for consideration after which time each person rated the goals as to priority. The goals considered were as follows: Highway 101 (Southerly) Bypass, Upper Valley Drainage Project, New City Hall, Highway 169/Mini Bypass, Comprehensive Plan Completion/Adoption/Implementation, Economic/Industrial Development, Park Development, Elimination of Downtown Blight, Senior Citizen Housing, Community Center, Hockey Arena, Downtown/Institutional Parking, Animal Control, Human Social Concerns, City Council Size, Community Image, Light Rail Transit, Intergovernmental Cooperation - Roads, Complete 2nd ' Avenue Around Depot, Pay Increase for Council, and a New (2nd) Fire Station. Council discussed the fact that tax statements will soon be out and that taxes are expected to increase significantly. They asked the Acting City Administrator to prepare an explanation of the recourse available to the tax payers if taxes increase over 10%, as well as the make up of the taxes so that they would have this information available to respond to calls. Council asked the City Attorney to research the alternatives to changing the number of members on the Council. There was discussion on park development and the fact that funding from civic organizations may be decreasing in the future because funds derived from the Renaissance are decreasing. There was discussion of simplifying the development process so that the time required for the process could be shortened. Mention was also made of improving on the requirement that developers deal with two different units of government for public improvements - the City and Shakopee Public Utilities. Department heads were dismissed at 8:00 P.M. The Acting City Administrator invited Councilmembers to comment on how they operate as a council and also on Council/staff relationship. The 'w�orksession concluded at about 9:45 P.M. Judith S. Cox City Clerk ENERGY AND TRANSPORTATION COMMITTEE Regular session Shakopee, MN January 25, 1989 vice Chair Schmidt called the meeting to order at 7:15 P.M. with Commissioners Prudoehl, Roman, Leverson, and Kahleck present. Absent were Commissioners Ziegler and Spiotta. Also present were Barry A. Stock, Administrative Assistant, Ralph Garbe, Ryder Student Transportation, John Drees and Elmer Otto. Roman/Prudoehl moved to approve the minutes of the December 14, 1988 meetings as kept. Motion carried unanimously. Mr. Stock stated that the City of Shakopee jointly solicited proposals for Dial-A-Ride service with the communities of Plymouth, Chanhassen, Chaska and Eden Prairie. The proposal deadline date was January 13, 1989. Five proposals were submitted in response to the RFP. Mr. Stock noted that one of the prospective bidders did not put in a proposal for the Shakopee system. Mr. stock reminded the Committee that the City was not obligated to select a provider that also would provide service to the other participating bodies. He also noted that each participating body will subsequently enter into a separate agreement for Dial-A-Ride service to their community. Mr. Stock stated that the proposals identified a set of evaluation criteria that was used by the review team to rank the proposals. Mr. Stock then went through the evaluation criteria and points assigned to each of the prospective bidders. Mr. Stock noted that each of the categories were ranked from 1 - 4. Number 1 being the best score. In the final analysis after ranking all the evaluation criteria, Morley Bus Company came in with the best score followed by Metro Ride. Commissioner Schmidt questioned if this was the ranking that was done by the entire review team. Mr. Stock stated that each participating body evaluated and ranked the proposals on their own. since each of the participating bodies is interested in something different for their system, it did not make sense for us to jointly rank the proposals. However, Mr. Stock noted that the other two participating bodies are also favoring Morley Bus Company as the provider for their service. Mr. Stock stated that he has taken the Benjamin Franklin approach in reviewing each of the prospective bidders. He noted that he has done a list of pros and cons for each prospective bidder. Mr. Stock stated that in his opinion -Morley Bus Company had the . greatest level of management expertise. He also noted that Morley's proposal allowed the City of Shakopee to add vehicles 1 N in two hour increments at the stated bid price. Mr. Stock stated that he felt that this was a tremendous asset. Mr. Stock noted that Morley's proposal also allowed service to be billed on a revenue hour basis. The other providers were proposing billing on a scheduled hour basis. Mr. Stock explained the difference between these two types of billing methods. He noted that the revenue hour basis was more advantageous to the City than the scheduled hour basis. In revenue hour billing, the time clock does not start ticking until a cyder gets on a van. This compares to a scheduled hour basis where the provider receives the stated hourly bid price for the operating hours established by the City. Morley's proposal also provided for no minimum hours of guaranteed service and allowed the City of Shakopee to reduce hours with no penalties. Additionally, Mr. Stock stated that he felt that Morley's proposal gave the highest degree of flexibility in selecting vehicles. Additionally, Morley is a family owned business with a tremendous amount of commitment to their employees. Mr. Stock stated that one of the cons for Morley's proposal is that the storage, maintenance and dispatching facility would be located in Eden Prairie. He noted that in his opinion this issue would not adversely affect the system performance. The second con listed for Morley's proposal is that their price was 4.8% higher then the lowest bidder. Mr. Stock noted that the lowest bidder for the Shakopee Dial-A- Ride system was Metro Ride. He noted that Metro Ride previously operated the Shakopee Dial-A-Ride systems under the name Kare Kabs. They therefore have some knowledge of the service area and good Dial-A-Ride experience. He also noted that they are proposing to locate their dispatching and storage facility in Shakopee. On the other hand, they are proposing to utilize the current Dial-A-Ride dispatching and storage facility. Mr. Stock stated that from his viewpoint this is negotive. Mr. Stock noted that this facility is in bad shape and is having a negative impact on employee moral. He also noted that Metro Ride was proposing to store some of their vehicles outside and that service would be billed on a scheduled hour basis. Mr. Stock stated that our current provider, Ryder Student Transportation came in with a price 14.7% higher then the lowest bidder. This was definitely a con in considering them as our future provider. He also noted that their service will be billed on a scheduled hour basis. On the positive side, Ryder has tremendous knowledge of the service area and they are proposing to locate their maintenance, storage and dispatching facility in Shakopee. Ryder also had the best employee wage and benefit package of the prospective providers. i 2 The fourth proposal was received from Hanus Bus Company. Mr. Stock noted that Hanus did have the lowest bid price to provide service to all three communities. However, Hanus Bus Company has no actual Dial-A-Ride experience. Given the qualifications of the other three bidders, Mr. Stock stated that he did not feel it would be appropriate to recommend Hanus for the service. In light of the evaluation and ranking of the pros and cons for each of the providers, Mr. Stock stated that he was recommending Morley Bus Company as the operator for the Shakopee Dial-A-Ride service. Commissioner Kahleck stated her concerns regarding the Morley proposal. She stated that she was concerned about the storage, maintenance and dispatching facility to be located in Eden Prairie. She questioned whether or not Shakopee residents would be employed by Morley. She felt strongly that it was important for Shakopee residents to be considered in the hiring drivers of the provider. She also questioned whether or not Shakopee residents would be willing to commute to Eden Prairie to work for the new provider. Finally, she questioned whether or not Morley's two year minimum driver experience would have an adverse effect on the hiring of current staff. Mr. Stock stated that he has spoken with representatives from Morley Bus Company and they are definitely interested in hiring the current Dial-A-Ride staff. Mr. Stock stated that he recognizes that it may be difficult for the current staff to commute to Eden Prairie but that they should not feel threatened with the lose of employment. Mr. Stock also noted that our current provider is not obligated to hire employees from Shakopee. In fact, several of the employees are not Shakopee residents. Therefore he did not see a real significant impact on Shakopee economy as a result of potential lost jobs due to moving the Dial-A-Ride program operations outside of Shakopee. He also noted that the telephone number for the Shakopee Dial-A-Ride program would be the same number that we have today. Shakopee residents would not know that the Dial-A-Ride office is not located in our community. Mr. Stock stated that in past experience in operating the Dial-A- Ride program he has discovered that it is very important to have courteous and friendly drivers and dispatchers. He also noted that it is important for the management of the Dial-A-Ride operation to treat their employees with dignity and respect. He felt that Morley Bus Company would provide the best overall service to the community and be within the cost perimeters that we have to work with. 3 oodioo Prudoehl/Roman moved to recommend to City Council that the appropriate City officials be directed to negotiate an agreement with Morley Bus Company for the provision of Dial-A-Ride service in Shakopee. Motion carried unanimously. Mr. Stock stated that in the past week there has been some problems on the Dial-A-Ride program in regards to staffing. He has requested Ralph Garbe, Manager of the Dial-A-Ride program to attend the meeting to inform the Commission of those problems and how they are being resolved. Mr. Garbe stated that last week he was informed by Mr. Stock of potential employee problems at the Dial-A-Ride office. He quickly responded and met with Mr. Stock that day. Since that time, a meeting of all the Dial-A-Ride employees has been held and issues were presented and discussed by both the management and employees. Mr. Garbe also noted that one employee has been dismissed as a result of the investigation. Mr. Garbe also noted that they were continuing the investigation and other changes may occur in the near future. Mr. Stock thanked Mr. Garbe for responding so quickly to the problem. Commissioner Kahleck also stated her appreciation for Mr. Garbe's quick response and action. Mr—Stock then reviewed the refuse collection recycling marketing plan with the Committee. He noted that several flyers would be distributed directly to Shakopee residents. Mr. Stock also noted that Anchor Glass has agreed to participate in the sponsorship of our recycling program. Mr. Stock revealed the new recycling logo for the City's program. Commissioner Schmidt suggested that we have a coloring contest for the logo. Mr. Stock stated that he felt Anchor Glass may be willing to sponsor this type of event and he suggested that it be held at the Kindergarten age level. Commissioner Kahleck suggested that presentations be made at the Elementary School regarding our new program. Discussion ensued. Mr. Stock stated that he would investigate whether or not this type of presentation would be possible. Mr. Stock also noted that the Shakopee Boy Scouts and Shakopee Catholic Schools have agreed to distribute a recycling flyer door-to-door in February. Mr. Stock stated that the Shakopee Flex Pool Van has been experiencing some problems with ridership. He noted that he was requesting that the Flex Pool Van be eliminated. However, after further investigation and discussion with the riders and drivers, he is recommending that the Flex Pool Program be continued and - that marketing efforts be enhanced to increase ridership. Elmer Otto questioned what the Van Pool program was. Mr. Stock then 4 explained the operation of the Van Pool program and the City of Shakopee's transit funding. Mr. John Drees suggested that a survey be conducted of Shakopee residents to determine their awareness of the Van Pool Program. He felt that this type of information might be useful in identifying a marketing strategy for the Van Pool program. It was the consensus of the Committee that this was a good idea and that perhaps the survey could be expanded to include Dial-A-Ride and be delivered in conjunction with the recycling door-to-door flyer. Mr. Stock stated that the Shakopee Cub Scouts have requested clarification on whether or not they will receive funding if they terminate their recycling program. Mr. Stock stated that in our early discussions an offer was made to each of the volunteer organizations in the amount of $1500 if they would discontinue the operation of their program. Mr. Stock stated that this was done in an effort to alleviate the loss of revenues that would be incurred by these organizations as a result of the implementation of our recycling program. Mr. Stock stated that this issue has never formally been clarified by either the Commission or City Council. He requested the Commission to recommend to City Council that they participate in the funding of the Boy Scouts participation in a Spring clean-up activity. Kahleck/Roman moved to recommend to City Council that the City participate in funding the Shakopee Cub Scouts in an amount of $1500 if they discontinue their recycling program and agree to participate in a Spring clean-up activity. Motion carried unanimously. Mr. Stock noted that the funds for this Spring clean-up activity would come from the sale of recyclables generated in conjunction with our recycling program. Mr. Stock then reviewed the Dial-A-Ride and Van Pool monthly reports with the Committee. Kahleck/Roman moved to adjourn the meeting at 8:45 P.M. Motion carried unanimously. Barry Stock Recording Secretary 5 9 Minutes of the Community Development Commission City Council Chambers Shakopee, Mn January 11, 1989 Chairperson Keane called the meeting to order at 5:30 p.m. with the following members present; Jane DuBois, Mark Miller, Terry Joos and Tim Keane. Absent were Commissioners Furrie and Koopman. Also present was Barry Stock, Administrative Assistant. Joos/DuBois moved to approve the minutes of the December 14, 1988 meeting as kept. Motion carried unanimously. Mr. Stock then reviewed the One Year Work Plan with the Commission. He noted that it was a Star City requirement for the City of Shakopee to annually update the annual work plan. Mr. Stock also noted that the One Year Work Plan had been put into a format that was similar to the Downtown Committee One Year Work Plan. Mr. Stock then reviewed each of the goals with the Committee. The first goal of the Committee was to provide for the improvement of the transportation system and to enhance local and regional transportation objectives. Commissioner DuBois questioned what the Third Avenue Rehabilitation Project entailed. Mr. Stock stated that it involved the complete reconstruction of Third Avenue from Spencer to Shumway Streets. Mr. Stock noted that the Third Avenue Project would be very similar to the Fourth Avenue Project that was constructed in 1987. Chairman Keane questioned whether or not the North/South streets between Third and Fourth Avenue in the Downtown area were included in this project. Mr. Stock responded in the affirmative. Commissioner Keane then questioned whether the continued support to the Scott County Transportation Coalition included funding from the City. Mr. Stock stated that he did not know if the City of Shakopee would be financially supporting the Scott County Transportation Coalition in 1989 but they had done so in the past and he did not have any reason to doubt why they would not continue to do so. The second goal of the CDC was to encourage Downtown redevelopment which would promote a vital commercial/institutional district. Mr. Stock noted that these items were the same objectives that were listed in the Downtown Committee's One Year Work Plan. There were no additions to the One Year Work Plan from the Community Development Commission members on this goal. The third goal of the CDC was to initiate planning and marketing concepts that will increase residential development interest in 1 the community. Mr. Stock stated that he did not think there was adequate staffing to complete several of the objectives currently listed under this goal. Discussion then ensued on the development of a quarterly newsletter. Commissioner Keane suggested that this be scaled back to a annual development update that could be distributed to the development community in a promotional type of brochure. It was the consensus of the Committee that this was a good suggestion. Commissioner Miller suggested that the Commission might want to consider which of the four items that were debatable in terms of completion without the infusion of additional staff and simply pursue the objective that would be the Commissions #1 priority. Chairman Keane suggested that as an alternative several of the other items might be simply scaled back or pushed back in terms of completion date. Commissioner Joos suggested that the comprehensive amendments to the Zoning Ordinances be pushed back until June of 1990 rather than June of 1989. This issue should not be addressed until completion of the Comprehensive Plan. The Commission concurred with Commissioner Joos' suggestion. Commissioner Miller questioned what the CDC's role was in the development of this One Year Work Plan. Chairman Keane stated that the One Year Work Plan is the plan for the Community Development Commission and that it is also being completed as a Star City requirement. Mr. Miller questioned what type involvement the CDC would have in items that would be reviewed by the Planning Commission and City Council. Chairman Keane stated that in some of the items listed in the One Year Work Plan, the role of the CDC maybe non-existent. Chairman Keane stated that the Commission also works through several of the other committees in the City via a liaison person. In summary, Chairman Keane stated that the CDC plays a watch dog role in insuring that the goals and objectives as set forth in the One Year Work Plan are met by the City Council and the various boards and commissions. Commissioner DuBois shared the concern expressed by Mr. Miller in that she felt that the majority of the items were assigned to other committees and the CDC would have very little input. Commissioner Miller stated that when he was appointed to the Commission he expected to put in a lot more time on various issues. He stated that at the present time it seems the Committee simply reviews items submitted by staff for approval. He would like to see the Committee members be more actively involved in establishing programs and investigation of issues. Commissioner Miller suggested that sub committees be created of the CDC members to further investigate specific issues and programs. He also suggested that these commissions not be staffed by City staff persons. 2 Mr. Stock stated that several years ago the CDC discussed this very same concept. At that time, the major stumbling block in the concept was that there was no staff to staff the sub committees. If Mr. Miller was proposing that the sub committees not have any direct staffing assistance, Mr. Stock stated that he felt it was a good idea and should be pursued by the CDC. He noted several items that deserve further attention by City staff but there is not simply enough time in a day to address all the issues with the existing staffing levels. Mr. Stock suggested that the Committee could create several sub committees and provide staff with direction and perhaps an action plan on issues determined by the CDC that deserve further City attention. It was the consensus of the Commission that this is what they would like to see happen. Commissioner Miller also suggested that if possible he would like - to have staff develop a list of several questions that the CDC members could use in interviewing all new business owners in Shakopee. He felt this would provide the City with useful feedback in determining whether or not the City of Shakopee is effectively dealing with the concerns of new businesses. Mr. Stock stated that he thought this was a good idea and he could complete a preliminary set of questions for the CDC's review at their next meeting. It was also the consensus of the Commission to include this item on their One Year Work Plan. Mr. Stock suggested that an item be added to goal #6 which stated that the Commission would develop an informal survey technique that CDC members can utilize to solicit input from new businesses. It was suggested by the Commission that a listing of all the businesses in Shakopee be identified and split among the CDC members so that there was no overlap of contacting businesses. Commissioner DuBois suggested that survey techniques also be developed to solicit input from developers/consultants and brokers doing business in Shakopee. She felt that this would also be valuable in providing the City with constructive input on how they can i improve on the information that is being distributed from City Hall and also on the overall image of the community. It was the consensus of the Committee to add this as an objective under goal j #6 of the One Year Work Plan. Chairman Keane questioned whether or not it was realistic for the Commission to pursue a policy on senior housing development assistance. Mr. Stock stated that the preliminary results of the Comp Plan Survey reveal a number of residents in Shakopee interested in the additon of more affordable senior housing development. With that in mind, Mr. Stock stated that he felt that the Commission would have a good chance of getting a policy on senior housing development assistance adopted and approved by City Council and the HRA. Mr. Stock also noted that he is aware of one developer that is currently considering a senior cottage - housing project. However, the developer is hesitant to pursue the project without any City financial assistance. The 3 Commission members concurred that senior housing was a problem and that it is going to become an even greater problem in the future. The Commission concurred that the City of Shakopee should take a pro active approach and develop a senior housing development assistance policy at this time. Discussion then ensued on the possibility of implementing a monthly issues and answers cable television series to be broadcast on the public access channel. Commissioner Keane questioned whether or not this was possible. Mr. Stock stated that with the cable camera that is currently positioned in the Council Chambers we could go so far as to direct a call in question and answer program live from the Council Chambers. Commissioner DuBois stated that she felt this was an excellent idea and would provide a great forum for Shakopee residents to ask questions without directly appearing before the City Council. Discussion continued on the remaining objectives listed in the One Year Plan. DuBois/Miller moved to recommend Council approval of the One Year Work Plan. Motion carried unanimously. Mr. Stock stated that the City of Shakopee is also required to annually update their Five Year Work Plan. The Commission then reviewed the Five Year Work Plan as submitted by staff. Mr. Stock noted that the Commission shouldn't be quite cso concerned about the Five Year Work Plan as the majority of the items listed in the plan are meant for completion in 1989. He also noted that each year the One Year Work Plan is annually updated and that is where major emphasis should be placed. Joos/DuBois moved to recommend Council approval of the City of Shakopee Five Year Work Plan. Motion carried unanimously. Mr. Stock then gave a verbal update on the Bergquist Company. He noted that Bergquist has acquired the Kawaski property but that they have not approached the City of Shakopee on the development plans for their facility. Mr. Stock also gave a brief update on the Mebco Company. He noted that Mebco is very close to signing a purchase agreement on property in the industrial park. He expected that the Mebco deal would be finalized in early February. Mr. Stock then briefly reviewed the Business Update from City Hall. Mr. Keane then gave the Committee an update on the Comprehensive Plan review process. Mr. Stock then stated that the City Council tabled action on the amendment to the park dedication fee schedule pending further information from staff. The next meeting of the Committee is scheduled for February 8, 1989 at 5:30 P.M. 4 Mr. Stock told the commission that this would be Mr. Keane's last meeting. Mr. Stock expressed his sincere appreciation for the time that Mr. Keane has spent in assisting staff in developing policies and programs for the overall benefit of the community. The commission members reiterated Mr. Stock's appreciation and regretted his resignation. Joos/DuBois moved to adjourn the meeting at 7: 00 P.M. Motion carried unanimously. Barry A. Stock Recording Secretary 5 PRCCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Regular Session City Council Chambers. January 11, 1989 Chairman Laurent called the meeting to order at 7:45 A.M. with the following persons present: Gary Laurent, Melanie Kahleck, Bill Wermerskirchen, Jim Stillman, Harry Koehler and Joe Zak. Barry Stock, Administrative Assistant was also present. Absent were Ruben Ruehle, Sheila Carlson, Terry Forbord and Mary Keen. Kahleck/Stillman moved to approve the agenda of the January 11, 1989 meeting as submitted. Motion carried unanimously. Chairman Laurent stated that he had one change in the minutes on page six. He stated that the third paragraph should state that he felt that Mayor Lebens and the Downtown Committee were in agreement that Levee Drive should be provided for in the mini by- pass plan. He noted that the current minutes reflect that the Downtown Committee was in favor of extending Levee Drive in conjunction with the construction of the new bridge and by-pass. Wermerskirchen/Stillman moved to approve the minutes as amended. Motion carried unanimously. Mr. Stock stated that the Downtown Committee had discussed the work plan during their meeting in November and that at their last meeting there was not time to further discuss the work plan. Mr. Stock stated that he had assembled the goals and objectives that were discussed in November and had worked them into a work plan format. Chairman Laurent suggested that Mr. Stock go through each of the objectives to make sure the Downtown Committee understands them and agrees with them. Chairman Laurent questioned whether the dates listed in the work plan were accurate given the fact that there has already been a one month delay in sending the work plan to Council for their approval. Mr. Stock stated that he felt that the majority of the dates could still be met but that several of them would have to be pushed back. Mr. Stock also noted that City staff is currently working on the development of the downtown property inventory. He suggested that the date for completion of the inventory be pushed back to March 1, 1989. Discussion ensued on the downtown property inventory. It was the consensus of the Committee that this was the number one priority for completion before other elements of the work plan could be pursued. Commissioner Stillman questioned what the downtown property inventory entailed. Mr. Stock stated that approximately 6 months ago the Downtown Committee approved a inventory schedule which simply identified each of the parcels in the downtown area. The inventory would also rank each of the parcels in terms of it's building condition both interior and exterior and the property - owners willingness to sell and/or rehabilitate. Other items that 1 would be looked at in the property inventory included the parcels proximity to the downtown area as well as the property's assessed value and present market value. Mr. Stock stated that this information would be very useful in directing interested developers to potential development sites. Commissioner Kahleck stated that the completion of objective #2 which calls for a prioritized site listing assumes the current alignment of the proposed mini by-pass. She questioned what the status was on that issue. Mr. Stock stated that Mayor Lebens appeared in court during the first week in January and that the Judge is in the process of setting a date for the trial. Mr. Zak stated that Council has approved the mini by-pass as a part of the official map and the Downtown Committee should continue to operate as if that were the official plan until such time that the court notifies the City otherwise. Discussion ensued on several of the other objectives in the work plan. Mr. Stock stated that the dates listed in conjunction with the objectives assume optimum staffing conditions. Mr. Stock noted that if a portion of his time is needed for industrial development activity that the Downtown work plan would be put on hold. Mr. Zak suggested that the City could possibly utilize interns to complete some of the items on the Downtown Committee work plan. Mr. Stock stated that we are currently utilizing an intern to complete the property inventory schedule and that this practice would be continued in the future. Mr. Stock noted that City Council asked that the Downtown Committee to attribute cost factors to each of the objectives. He went on to state that none of the objectives listed actually entail any City costs other than staff time. He went on to note that if City Council would decide to further pursue some of the objectives, cost may become an issue. He noted the construction of a new city hall as an example. Mr. Stock noted that the second goal for the Downtown Committee was to identify project development activities which will enhance the downtown area as a commercial/retail/service center. The first objective listed by the Committee would be to utilize market studies that are presently available to identify viable commercial/retail/service needs of the community which might be conducive to a downtown location. Chairman Laurent questioned which market studies would be utilized by staff in completing this analysis. Mr. Stock noted that the City presently has approximately four market studies that were done since 1984 which could be used in this analysis. He specifically noted the Shakopee Valley Mall, Meritor Development, Downtown Blue Book and Comp Plan analysis as possible tools. Chairman Laurent questioned the validity of these market studies due to their age and also the comp plan analysis. Mr. Zak stated that at the last - comp plan work session the consultant was requested to take a 2 /6 closer look at the commercial needs of the community. He thought that this might be useful in completing the downtown market analysis. Chairman Laurent stated that approximately 18 months ago the Downtown Committee approached the City Council to request the completion of an updated market analysis of the downtown area. The Downtown Committee's rationale at that time was that the downtown blue book study was completed before the racetrack and several other major developments in the community such as the platting of 600 residential lots and the development of 300 additional hotel rooms. Mr. Zak questioned what the cost estimate was at that time for the market analysis. Mr. Stock stated that it was between $7500 and $10, 000. Mr. Zak stated that he did see the need for this type of market analysis but at this time he thought that the Council probably would not be very favorable of the expenditure request. He stated that the Downtown Committee should attempt to use market studies that are - presently available to complete a market analysis and if an updated market analysis is later needed upon completion of the internal analysis that the City Council would perhaps consider it at a later date. Chairman Laurent stated that the market analysis would be used in conjunction with the second objective for goal #2 which called for the development of a request for proposal that is site specific and incentive specific that could be used to attract developers to Downtown Shakopee. Mr. Laurent stated that the market analysis would be useful in attracting developers because it would show that there was a need for additional commercial and/or retail activity. It was the consensus of the Committee however to try to utilize market studies that are presently available to identify viable commercial/retail and service needs of the downtown area and perhaps at a later date request City Council to consider an updated market analysis. Chairman Laurent questioned whether or not the Downtown Committee should be getting involved in preparing a financing and construction plan for a new city hall/community center to be located in the downtown area as an objective of the Committee. Commissioner Wermerskirchen stated that in the past the Downtown Committee has actively supported a downtown location for a new city hall. He felt that it may not be appropriate for the Downtown Committee to prepare a financing and construction plan but it was important for them to list as an objective the identification of a site for a new city hall and/or community center in the downtown area. It was the consensus of the Committee to amend goal #2, objective #3 to read: To utilize the property inventory to identify a site for a new city hall and/or community center downtown. 3 Discussion then ensued on a parking analysis of the downtown area to determine if adequate parking exists. Mr. Laurent stated that he felt this was a major issue for the Downtown Committee to address in the near future. He noted that with the potential completion of the mini by-pass, there will definitely be a shortage of parking spaces in the downtown area. Mr. Wermerskirchen stated that at the present time, the majority of the parking lots were utilized to their highest capacity with the exception of the lots North of First Avenue. He also felt that the need for additional parking was obvious. Mr. Stock stated that while the Downtown Committee may feel there is a need for additional parking, he felt that this issue had to be proven. He suggested that some type of longitudinal studies be done of the parking lots to determine if they are being utilized to their fullest capacity. Upon completion of this type of analysis and the Downtown property inventory schedule it could then be determined if in deed there is a need for additional parking and also where the highest and best use of parking could be placed in the downtown area. Chairman Laurent stated that the fifth objective to review all downtown development area requests that utilize City assistance programs to make sure they are compatible with the overall Downtown Development Plan was approved by Council Resolution in 1987. Mr. Stock stated that he included this as an objective because the City presently has in place a new Council which may not be aware of the earlier resolution. Discussion then ensued on Goal #3 which included the development of policies and programs which would compliment and facilitate downtown development that maintains the historic river town theme. Mr. Stock stated that the first objective called for the development of downtown design standards which could be incorporated into City ordinance. He noted that the City currently has downtown design standards but they are only enforceable when a developer utilizes City assistance programs. The second objective called for the development of an acquisition/condemnation policy to be used in acquiring properties. Mr. Wermerskirchen stated that this policy would be useful to acquire properties as they become available. He stated that in the past the City has missed several opportunities to buy high development potential property at minimal cost. Mr. Wermerskirchen stated that he also felt that the City could acquire property and lease it out for a period of time until such time that a major developer might be interested in a larger parcel. Mr. Stock stated that the third objective called for the development of a commercial incentive policy which would stimulate downtown redevelopment. He noted that the commercial - development policy would be similar to the industrial development 4 �o incentive policy. He also noted that this type of policy would not only benefit the downtcwn area but other commercial areas in Shakopee. Mr. Zak stated that he felt that this type of policy would be useful and he would likely support it. Mr. Stock then reviewed some of the elements in the current industrial development incentive policy. He noted that this new policy has been very useful in attracting developers. It has also allowed Shakopee to compete with nearby communities who are offering inducements to industrial developers. As a final objective Mr. Stock stated that the committee should consider investigating alternative funding sources which can be used to establish a facade improvement/revolving loan program. Mr. Zak stated that he felt the interest buy down approach would be the most suitable type of assistance to offer commercial businesses in the downtown area. He suggested that we could work with the bank who would actually service the loans and become the loan holder and subsequently accept the majority of the risk. Mr. Zak stated that he did not feel the City should get into the loan approval business. Mr. Laurent stated that he felt a revolving loan program would be more suitable because it would provide a continuing source of funds for an ongoing program. Mr. Zak stated that he had a problem with the revolving loan program simply because it would initially only benefit a few businesses and that the City was at a greater risk of losing it's money in the event that a loan holder went into default. While there was no consensus on which program had the most merit, there was consensus that the Downtown committee should investigate alternative funding sources which can be used to implement a facade improvement and/or revolving loan program. Wermerskirchen/Kahleck moved to approve the Downtown Committee Work Plan as amended and requested staff to submit it to City Council for their approval. Motion carried unanimously. Mr. Stock stated that the Community Development Commission reviewed the Downtown Committee's Work Plan and approved it at their last meeting. Mr. Stock then handed out the results of the Downtown Redevelopment Phase I Part II business survey. He noted that the majority of those surveyed were satisfied with the final downtown product. Commissioner Kahleck questioned whether or not the respondents were in favor of locating benches in the Phase I Part II area. Mr. Stock stated that the majority of those responding did not want to have benches in their area until completion of the mini by-pass if ever. Mr. Wermerskirchen stated that he felt the benches were a tremendous addition to the downtown area and that they have been given a bad rap. He stated that he often times sees people sitting in the benches. Mr. Stillman concurred and stated that several senior citizens have commented to him about how they enjoy the benches. Chairman Laurent questioned if we could move some of the benches from the Phase I Part I 5 development area into the Phase I Part II area next year. Mr. Stock stated that we could relocate several of the benches to some of the more strategic areas in the Phase I Part II development area next year. Mr. Laurent noted that the next meeting of the Downtown Committee was scheduled for February 8, 1989 at 7:45 A.M. Stillman/Koehler moved to adjourn the meeting at 9:10 A.M. Motion carried unanimously. Barry A. Stock Recording Secretary 6 MINUTES OF THE r- SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission Convened in special session on October 5, 1988 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, and Kirchmeier, and Liaison Wampach. Commissioner Kephart previously advised he would arrive late. Also present was Manager Van Hout. Commissioner Cook opened the meeting, and advised for the record that he had called this special meeting to discuss the charges that had been made regarding the Utilities Commission at the most recent City Council Meeting. Commissioner Kirchmeier suggested the viewing of the videotape from the Council meeting so they could deal with facts. Motion by Kirchmeier, seconded by Cook, to adjourn to the Shakopee Library building to view the tape. Motion Carried. A sign was posted on the Utilities offices door advising that the Commission meeting has been adjourned to the Library building at 5:00 P.M. The meeting was reconvened at 5:00 P.M. at the Shakopee Library meeting room. Motion to Reconvene by Commissioner Cook, seconded by Kirchmeier . Motion carried. Commissioner Kephart arrived. The videotape of a portion of the October 4, 1988 City Council meeting was reviewed. Manager Van Hout was directed to get transcribed into written form, the portions of the Council meeting on videotape that related to the discussion of the Utilities Commission,and was also directed to research the background on the ordinance of 1967, to see what could or could not have been legally done under its terms, and under what conditions the ordinance was passed. The commission felt it would be worthwhile to get an attorney to check on the question, related to the 1967 ordinance, and discussed whether it was desireable to have an attorney examine the legal questions. The Commission concluded that the services of an attorney for the purposes of getting a legal interpretation was warranted as it was the intent of clarifying the law. Motion to adjourn by Commissioner Kirckmeier, seconded by Commissioner Kephart. Motion carried. Minutes Approved: L— Jim C Commission President 1 r Attest: ^ / Barbara Mend—en, Commission Secretary f { MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on January 9, 1989 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, Kephart and Kirchmeier. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Kirchmeier, seconded by Kephart that the minutes of the November 7, 1988 regular meeting, December 5, 1988 regular meeting and the January 5, 1989 special meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A T 6 T 18.57 Amsterdam Company 92. 15 Auto Central Supply 114.56 AutoCon Industries, Inc. 165.36 Battery and Tire Warehouse, Inc. 90.00 Bills Toggery, Inc. 679. 34 Business Outfitters, Inc. 161.94 Burmeister Electric Co. 164.05 Champion Auto of Shakopee 47.42 Chicago and Northwestern Transportation Co. 1,260.00 City of Shakopee 353.57 City of Shakopee 932.37 City of Shakopee 114.18 City of Shakopee 56,726.50 Cy's Amoco and Tire Center 227.50 Dressen Oil Company 50.00 Duling Optical 23.50 Feed-Rite Controls, Inc. 1,131.61 Gopher State One-Call, Inc. 154.70 General Office Products Co. 52.32 Glenwood Inglewood 33.61 Graybar Electric Company, Inc. 2,853.28 H E C Electric Supply 127.25 Harmons Hardware 10.97 Hennena ICO 28.00 The Hotsy Corporation 300.00 Ken 's Steel Door Repair Service 433.92 Kress and Monroe Chartered Lew Office 748.76 Leet Bros. , Inc. 21.50 Metro Sales Incorporated 339.26 Metro Sales Incorporated 155.20 Minnesota Environmental Ouality Board 307.14 Minnesota Municipal Utilities Association 132.00 Minnesota Valley Testing Laboratories 27.20 Motor Parts Service Co. , Inc. 10.48 Northern States Power Co. 713.02 Northern States Power Co. 66.50 Northern States Power Co. 291,078.21 Northern States Power Co. 332.32 Northern Sanitary Supply Co. , Inc. 198.75 Redfield Electric Co. 385.00 Reynolds Welding Supply Co. 46.07 Rockwell International 564.95 Schoell and Madson, Inc. 893.60 Shakopee Public Utilities Commission 47.93 Shakopee Services, Inc. 26.00 Shakopee Postmaster 2,500.00 Simon Midwest, Inc. 1,331.60 Dean Smith Trenching, Inc. 230.00 Starks Cleaning Services, Inc. 68.00 Total Tool, Inc. 108.16 U.S. West Communications 295.74 Uniforms Unlimited 284.80 Van-O-Lite, Inc. 235.08 Valley Industrial Propane, Inc. 33.08 Westinghouse Electric Supply Co. 1,529.92 Wild Iris 20.00 Woodhill Business Products 1,107.50 Yarusso's Hardware Company 11.55 Minnesota Commissioner of Revenue 46,219.84 Motion by Kephart, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Ken Adolf, Schoell and Madson attended the meeting to present the final bill from Noble Nursery in the amount of 83,733.75. Motion by Kephart, seconded by Kirchmeier to approve payment to Noble Nursery in the amount of $3,733.75. Motion carried. Mr. Adolf also presented drawings as to the possible locations for the new well 48. A discussion followed as to the options available to the Shakopee Public Utilities Comission for locations available. Motion by Cook, seconded by Kirchmeier to authorise Schoell and Madeon to proceed with letting bids for Well i8, drawn from the Jordan auqifer at a location of 10th and Fuller Street with a tentative operation date of summer of 1989. Motion carried. A proposed water system extension on West Third Avenue, West of Harrison Street was discussed. Art Young, Senior Water Systems Operator presented different alternate plans. Motion by Kirchmeier, seconded by Cook to apply the standard requirements that the watermain cross the property to be served, and that it be looped. Motion carried. Another proposed water system extension on Fifth Avenue from Market to Filmore Streets was presented for discussion by Manager Van Hout. The study included Market St_eet. A public hearing will be held on January 17, 1989 on this proposed water extension. The City Engineer will be asked for an estimate of the cost to run a 6" watermain from 7th Avenue down to Fourth Avenue on Market Street and of the costs involved, how much would be assessible. Rick Vensas of Henningson, Durham and Richardson was present to present the engineering drawings on the new feeder line. Alternate routes for the new feeder line were presented. Liaison Wampach gave his report. Motion by Kephart, seconded by Kirchmeier to adopt the American Public Power Association safety manual for the official Safety manual for the Shakopee Public Utilities Commission. Motion carried. There were no new plats for December, 1988. There were no fire calls for December, 1988. There were no lost time accidents for December, 1988. The next regular meeting of the Shakopee Public Utilities Commission will be held on Thursday, February 2, 1989. Motion by Kirchmeier, seconded by Kephart that the meeting be adjourned. Motion carried. Barbara enden, Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION SPECIAL MEETING WITH CITY COUNCIL JANUARY 10, 1989 The Shakopee Public Utilities Commission convened January 10,1989 at 7:00 PM at the City Council Chambers in special session for a joint meeting with the Shakopee City Council. Present were Commission President Jim Cook, Commissioners Barry Kirchmeier and Jim Kephart, Liaison Wampach. Also present was Utilities Manager Van Hout. Present from the City Council were Mayor Dolores Lebens, Vice Mayor Steve Clay, Councilpersons Gloria Vierling, Jerry Wampach, Joe Zak, and Gary Scott. Also present were City Attorney Julius Collar II, Acting City Administrator Dennis Kraft, Finance Director Gregg Voxland, and City Engineer Dave Hutton. Mayor Lebens called the meeting to order at 7:00 PM. Commissioner Cook then called the Commission meeting to order at 7:00 PM. Commission President Cook gave an overview of the SPUC operations and objectives. He began with categorizing the goals of the Shakopee Public Utilities Commission: -providing service that is economical, reliable, and consistent, -Maintain and expand a modern facility to meet the needs of a growing community, -provide the City of Shakopee with a substantial and stable amount of capital generated from SPUC margins. Commissioner Cook then discussed the service territory acquisition issue, explained the 5 year plan, and the various reserves. Commissioner Cook then Addressed the allegations against the Utilities Commission made at the October 4, 1988 Council meeting by Councilman Scott. Commissioner Cook stated that the irresponsible, groundless, and malicious allegations have done a great disservice to SPUC and Its management. Councilman Scott stated that SPDC is a public utility and asked what was the dividend SPUC pays. Commissioner Cook said he didn't know how to even respond to the question. The comparison of stock and public ownership is not relevant. rt Councilman Scott read language from old State Statutes. He argued that replacement of city ordinance 26S was not valid. He claimed that the VIP line, the new well, and the water tower by Tax Increment money require a return to the city. He felt ordinance 413 was not valid. He claimed that the word increase in the title of the resolution was incorrect and would thereby void the resolution 413 anyway. Commissioner Cook stated that the City Attorney has answered the question several times . Councilman Scott suggested that the Minnesota Attorney General should be asked for an opinion. He pointed out that the city can put a it on the ballot to put SPUC back under the control of the city. Councilman Scott questioned the handling of cancelled checks . Discussion continued with the City Finance Director. Councilman Clay questioned whether Mr. Scott felt the bookkeeping of the treasurer and SPUC was not in conformance with state law. Mr. Scott said yes, that was his point. Councilman Clay stated that he would be more concerned about money that is being paid out and not be too worried about the cancelled checks that are coming back. Commissioner Kirchmeier addressed the Mayor. He said that he didn't know what Mr. Scott was getting at, since the City Treasurer, the Attorney, the Assistant Attorney don't seem to have a problem with the handling of the finances . Eldon Reinke, former Mayor and Utility Commissioner was in the audience and asked to address the meeting. Councilman Clay asked about some historical background of the 1967 election to change the formula. City Attorney Collar said the Council in 1967 had wanted an expression of the opinion of the general public. He said that neither the general public, nor the Council at that time, or before, or since, decides on what amount of money is to be paid. That is done entirely, according to law, by the Utilities Commission. He said the ballot was merely advisory. Commissioner Kephart asked if Greg was comfortable with the methods presently being used. Greg said: right. He said he didn't know what the exact wording of 412. 141 says but the present system has been in place for some time and he had no indication by Council or Commission that they - are not pleased with the way it has been done. Councilman Scott said: That's the key. It's been going on for some time and people assume it's right, but it's not. Commissioner Kephart stated that we have an opinion from Attorney Hod Kress that says it is correct. Councilman Scott responded that that was just an opinion, and if you get five attorneys you will get five different opinions, usually. Councilman Scott said he doesn't agree with Kress on a lot of thing, and would rather go with the state statutes than with Mr. Kress' opinion. Mayor Lebens addressed the Commission saying she had just received a book from Arne Carlson, state Auditor, yesterday. She commented that she felt there were discrepancies in the data between that from the State Auditor, the information from the Utilities, and what we(city) report when going out for bonds(city bonds) . Councilman Scott made a motion to get an opinion from the Attorney General on Chapter 413 of the old Shakopee City charter. He gave a copy to the Mayor. Councilman Zak seconded the motion for the benefit of clarification. Councilman Clay asked for a clarification of the wording of the motion. Councilman Scott said the intent was to see if the referendum of 1967 was legal, was the override in 1977 legal, was the fact that the title of the resolution used the word increase enough to void- the resolution? Utilities Manager Van Hout commented that' in early 1950's a similar question had come up, and had been resolved consistent with Mr. Collar's recent opinion, and that occasion was under the old city charter. Councilman Clay asked for a clarification of the motion: the exact wording. Mayor Lebens said staff can get back to her tomorrow for the exact wording of the question to be asked of the Attorney General. Wally Bishop, former Utility Commissioner, was in the audience and asked to address the meeting. He said that the auditor in 1977 had advised that the utilities could not continue to operate as was then being done (with the 12 % of revenue to the city) . He felt the city would not be getting 8 400,000 a year from NSP if they were serving the city. He described in general the needs that the Utilities had faced in the ■id to late seventies to get equipment to meet the needs at that time as the system grew. He emphasized the need to have the Utilities as a separate entity to allow businesslike operation. Mayor Lebens called for the vote on the motion. Ayes: Lebens, Scott, Zak Noes: Clay, Vierling, Wampach Motion failed on tie vote. Mayor Lebens asked how anyone could vote against such a motion. Commissioner Kirchmeier stated that right now 8 Y of each person 's bill goes into the city coffers. He thinks that is a reasonable amount, but the ratepayers may have a different opinion. Councilman Scott stated that they are entitled to their opinion, maybe they would like SPUC to come back under city (Council) control! Commissioner Cook described the need to reestablish the Council/Utility Commission working relationship. He referred to Dave Hutton's good communications with the Commission, and also those of Ken Ashfield (previous City Engineer) . He felt the Commission had a good relationship with Greg Voxland as well. With questions of SPUC's legal status being raised lately, the staffs are unable to work together closely. Commissioner Cook asked that the SPUC be treated as properly independent unless any other judgement is made. Commissioner Kirchmeier stated that the Utility Commissioners have been active in their community. He feels their integrity has been questioned by Mr. Scott: it was not fair to report "the whole stinking mess", it was not right for an official to shoot from the hip about without substantiation. In addressing Councilman Scott, Commissioner Kirchmeier said that he (Scott) had the right to question us, to oversee us, to propose changes, but he didn't have the right to impugn integrity without backing it up. He said if there is a stinking mess it is a lot closer to city hall than to the Public Utilities. He said that one thing which has been completely resolved is that we have not withheld any information. Councilman Scott said he couldn't see where this meeting will get us any further, because he was not going to back off what he had said or what he thought! He said he had no intention of it. Commissioner Cook suggested for joint Council/Utilities Commission meetings twice a year. Mayor Lebens suggested January and July. Councilperson Vierling motioned to had semi-annual meetings in January and July. Seconded by Councilman Zak. Motion carried. Commissioner cook entertained the same motion on the part of the Utilities Commission. Commissioner Kephart offered the same motion be entered for the Utilities Commission. Seconded by Commissioner Kirchmeier. Motion carried. Motion by Commissioner Kirchmeier to adjourn the Utility Commission Meeting. Seconded by Commissioner Kephart. Motion carried. Meeting Adjourned. Minutes Approved: Jim Cook, Cois 'on President ATTEST: pp � Barbara Menden, Commission Secretary MEMO TO: City Council FROM: LeRoy Houser, Building official RE: Arnie's Bar DATE: February 17, 1989 (INFORMATIONAL) INTRODUCTION On February 16, 1989, the Housing Inspector and I conducted an inspection of Arnie's Bar. The attached report represents our findings and conclusions. BACRGROIIND It was our judgement that due to serious mechanical problems and health hazards present it was in the best interest of the general public and Mr. Theis to issue orders to close the place of business and order vacation of the second floor apartment. It is my opinion the property is deteriorated to the point that it is not economically feasible to repair. Consequently, the Council in the near future will be faced with a decision on the final disposition of the longevity of this facility. CITY OF SHAKOPEE BUILDING DEPARTMENT INSPECTION REPORT, February 16, 1989 PROPERTY: 122 E First Avenue Parcel # 27 - 001169 - 0 Legal: E 26 ' OF LOT 8 BLK 23 SHAKOPEE CITY. OWNER: Arnold Theis 122 E First Avenue Shakopee, MN 55379 NUMBER OF UNITS: 2 Residential, 1 commercial. DATE OF INSPECTION: October 5 and 12, 1988, and February 16, 1989. INSPECTOR: Newton Parker GENERAL: Property is a an older two story, brick/stucco and tile brick storefront. The structure is basically sound, but all surfaces inside and out are worn and suffer from many years of neglect. These surfaces have collected dirt, grime, and dust to the point of posing a health hazard, and an inviting environment for insects and other vermin. The plumbing fixtures are worn and need replacing, and the furnace is not accessible for observation, which is a hazardous condition in itself. FINDINGS: Below is a listing of code deficiencies found by an inspection of your property. The list is divided into two sections, the first listing the more immediate, serious items and the second listing potential hazards of a less immediate nature. You should act at once to correct those items listed as serious as they represent a grave threat to the occupants. You may schedule repairs to the items found in the second section at your convenience as long as they are completed by the stated deadline. An inspection of the property revealed the following serious code deficiencies, which you are required to correct by April 21, 1989, unless otherwise indicated: 1) Furnace for the Bar must be immediately relocated to a location suitable for its function, and in compliance with present codes. Found furnace installed under egress stairs to second floor, exposed to the elements, and with the chimney vent in contact with combustible (wood) materials. Upstairs apartment must be vacated until this item is corrected. 2 2) Owner must desist from occupying rear first floor room as sleeping quarters, as it is an illegal occupancy. Apartments used for habitation are required to have a kitchen, full bath, and proper exits and egress windows, and cannot have space heating devices without a combustion air source, all of which are lacking in these quarters. Found the owner occupying a room with no exit directly to the exterior (window has bars) , using the Bar's kitchen and lavatory, and washing in a shower located in the basement which is accessed through a trap door. 3) Floor surfaces throughout the building must be thoroughly cleaned, repaired and replaced were necessary. Resulting floors should be clean and able to be maintained that way. Found old linoleum with missing or chipped pieces, and the finish generally worn off. Have a professional exterminator examine for roaches and fumigate as needed. This item must be corrected before the Bar Resumes operation, or apartment let out. 4) Replace all 30 AMP fuses with fusestat inserts rated for 15 or 20 AMPS. Present fuses pose a present overload hazard. 5) Strengthen handrail to apartment stairs. 6) Provide solid core entry door to apartment, and replace badly worn threshold. 7) Remove trash, and stored items from apartment hallway, and provide proper storage for bar else remove clutter from back rooms, unused apartment and 'basement. Found a large quantity of junk and other stowage throughout the building. 8) Provide concrete pad under water heater to protect wood floor from heat and water damage. 9) Paint all interior walls and ceilings. Present surfaces too old and grimy to clean. 10) Have all space heaters checked for safe operation, and have them cleaned and provide maintenance as needed. Provide non-combustible surface under all heaters to prevent igniting flooring if backflash occurs. 11) Dismantle large fan suspended over stairs to rear . (unused) apartment. Present situation is a nuisance and a danger as the supporting structure shows signs of decay. - 3 - 12) Replace broken glass in bar windows. Provide safety glass or equivalent to front door. 13) Replace stair treads to basement, and provide proper handrail. 14) Cover exposed wires in ceiling of apartment living room or install proper fixture. The following items are of a less immediate concern and must be corrected by June 15, 1989 unless otherwise indicated: 15) Replace flexible brass gas connector to apartment stoves with one coil copper tubing having flared fittings. Install new gas shut-off valve to stove (present one painted shut) . 16) Remove plywood from exterior walk and replace with suitable non-slip surface. Present condition is very slippery from ice and poses a hazard to tenant from slipping. 17) Repair all holes in plaster throughout the building to prevent flame spread in the event of a fire. Apply sheetrock to ceiling of bar back room to protect upstairs floor from potential fire spread. SUMMARY: Though the building structure is sound, the surfaces inside are unsanitary and deteriorated beyond repair. The inspector believes this building at present is unfit for habitation until cited repairs are made. APPEALS: If you disagree with a finding or wish to provide an alternative correction that may satisfy the code, please contact the Housing Inspector. The Inspector is willing to consider reasonable alternatives. If you still disagree after talking with the Inspector, then you may appeal in writing, within thirty days after receiving this report, to the Housing Advisory and Appeals Board. 13 JULIUS A.COLLEH, H A.w,.e. A:rro Y AT LAW les...... 612 Ms-1244 SNAEOPEE. MINNESOTA 55379 Memo to: Dennis R. Kraft, Acting City Administrator From: Julius A. Coller,II, City Attorney Date: February 16, 1989 Re: Status of projects You inquired about the status of the proposed contract between the City of Shakopee and Murphy's Landing and a preliminary draft thereof is being submitted to you this date. You also state that Greg has recently raised the question about how the City is doing on the paper work on the Malkerson property transfer. You may recall that title to the property was bad and the Council authorized me to proceed to cure the defects in the title by registering the title. The torrens title proceedings were instituted shortly thereafter and petition for registration was duly filed; the abstract continued to date to show the filing of the petition and then as required by law the matter was submitted to the Deputy Examiner of Titles of SCott County for the report. The Scott County Surveyor has made his report and Mr. Philip R. Kress, Deputy Examiner of Titles, submitted his report approving the proceedings and thereafter he formally approved the Petition and Order for Summons and the Land Title Summons in the above matter. The Land Title Summons was signed by the Court on February 9, 1989 and is now in the process of being served and published as required by law. Barring any unforseen difficulties the matter should be concluded by the early part of this coming April at which time the sale can be finalized. Inquiry has been made whether the Council could reduce its membership from five to four councilpersons. The answer is Yes. The authority for this is MSA 412.023 Subd. 4 which provides that the Council may reduce the membership to four by an ordinance adopted prior to September 1 and effective not earlier than the following January, thus conforming to statutory cities, generally. TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 21, 1989 Mayor Dolores Lebens presiding 1] Roll Call at 7:00 P.M. 21 Res. No. 3022, Extending Appreciation to John Schmitt 3] Res. No. 3023, Extending Appreciation to Joe Ries 4] Liaison Reports from Councilmembers 51 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. ) *71 Approval of Minutes of Nov. 29, 1988; and Feb. 7th, and Feb. 9th, 1989 8] communications: a] Duane Wermerskirchen, Shakopee Jaycees, regarding advertising signs at Tahpah Park - Coming *b] Shiela A. Carlson regarding resignation from Downtown Committee c] Fred Corrigan, Mn. Good Roads, Inc. , regarding the Governor's Budget Proposal - Motor Vehicle Excise Tax transfer for local property tax relief 91 PUBLIC HEARINGS: a] 7:30 P.M. - Proposed sidewalk improvement to Marschall Road along the East side between 4th and 10th Avenues - Res. No. 3020 b] 7:45 P.M. - Proposed improvements to 3rd Avenue between Spencer and Shumway and all North-South streets between 3rd and 4th Avenues within these project limits - Res. No. 3021 10] Boards and Commissions: Energy and Transportation Committee: *a) 1988 Annual Report Community Development Commission: *b) CDC/Downtown Committee 1988 Annual Report TENTATIVE AGENDA February 7, 1989 Page -2- 11] Reports from Staff: a] Richard Elsworth, George M. Hanson Co. , P.A. , regarding the financial statements of Minnesota Valley Restoration Project, Inc. (Murphy's Landing) - bring 8d from 2/7 agenda - tabled 2/7 b] OSM Surveying for 5th Avenue c] Approve Bills in Amount of $1,374, 050.45 *d] Mobile Radio Purchase *e] Refuse Contract Amendment #1 f] Liaison Appointments - tabled San. 3 , 1989 *g] Scanner Purchase h] First Preliminary Draft of An Agreement for the Operation and Management of Murphy's Landing 12] Resolutions and Ordinances: None 13] Other Business: a] Commissioner of Transportation to meet with all District 5 City Engineers b] C] 14] Adjourn Dennis R. Kraft Acting City Administrator REMINDER: Council will meet on Wednesday, March 1, 1989 at 1:00 P.M. to interview candidates for city attorney. 2. MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk r C� i RE: Resolution of Appreciation to John Schmitt DATE: February 15, 1989 Introduction Attached is a resolution of appreciation to John Schmitt for outstanding dedicated service to the City of Shakopee. Background At my request, Mr. Coller has prepared the attached resolution for Council's consideration. The resolution expresses Council's appreciation to Mr. Schmitt for his service over the years on the Shakopee Planning Commission. The resolution has been prepared consistent with City practice to recognize an extend an expression of appreciation to those who have served on boards and commissions over an extended period of time and/or who have done an extraordinary job. Recommended Action Offer Resolution No. 3022, A Resolution In Appreciation To John Schmitt for Outstanding Dedicated Service to the City of Shakopee, and move its adoption. JSC/jms RESOLUTION NO. 3022 A RFSOIUTION IN APPRECIATION TO JOHN SCHI= FOR OUTSTANDING DEDICATED SERVICE TO THE CITY OF SRAFOPEE WHEREAS, John Schmitt was appointed to the Planning Commission of the City of Shakopee in January 1973 and continued to serve as a regular member of the Commission until January of 1977 when he was elected to Vice Chairman serving during the year of 1977, and from January of 1978 to March of 1984 he served as Chairman of the Planning Commission and thereafter again served as a member for a term ending January 31, 1989, and WHEREAS, in addition to the routine business of the Planning Cmmission, including the organization and approval of new subdivisions, rezoning, the granting of conditional use permits and variances, the Commission was very active with the Shakopee Comprehensive Plan, which was adopted in August of 1981 and several months prior to that the current Subdivision and Platting Regulations were adopted and prior thereto the Ccmmdssion had approved and adopted the current Lard Use Regulations, and WIHPE'A.S, during 1986 many meetings and long hours were spent ou the study that led up to the adoption of the Racetrack District Land Use and two years later, after considerable study, the Commission adopted a Sign Ordinance in 1988, and WHEREAS, in addition to all the time consuming duties and work with the Planning Commission he served and is still serving on the Shakopee Comprehensive Plan Task Force, and WHEREAS, all of the countless hours of service so generously and ably rendered have been of inestimable value to the City of Shakopee and its inhabitants and throughout his long arduous service to the Planning Commission John Schmitt constantly demonstrated his ability as an outstanding leader interested in the growth and development of his City and his leadership and guidance will certainly be missed. THEREFORE, BE Tr RESOLVED, that this Resolution of Appreciation be spread upon and become a part of the Minutes of the Shakopee City Council and that a signed copy hereof be presented to John Schmitt as a tangible expression of the City's deep and lasting gratitude. Adopted in adjourned regular session of the Shakopee City Council held this 21st day of February, 1989. Mayor of the City of Shakopee ATIM: Approved as to form this 21st City Clerk day of February, 1989. City Attorney MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk -� RE: Resolution of Appreciation to Joe Ries DATE: February 15, 1989 Introduction The attached resolution expresses Council's appreciation to Joe Ries for outstanding service and leadership in the Shakopee Fire Department. Background In follow-up to your request, the City Attorney has prepared the attached resolution which expresses Council's appreciation to Joe Ries for his service on the Fire Department in the position of Fire Chief. Mr. Ries continues to serves on the Fire Department, but he has given up the position of Fire Chief. Recommended Action Offer Resolution No. 3023 , A Resolution of Appreciation to Joe Ries for Outstanding Service and Leadership in the Shakopee Fire Department, and move its adoption. JSC/jms RESOLUTION NO. 3023 A RESOLUTION IN APPRECIATION TO JOE RIES FOR OUTSTANDING SERVICE AND LEADERSHIP IN THE SHAKOPEE FIRE DEPARTMENT WHEREAS, in July of 1972 Joe Ries became a member of the Shakopee Volunteer Fire Department and in 1974 he was elected Captain and served in this capacity until 1977 when he was elected Second Assistant Chief and two years later he was elected to the position of First Assistant Chief and served as such until December 1, 1982 when he was named Chief, and WHEREAS, Joe Ries served as Chief during the calendar years 1983, 1984, 1985, 1986, 1987 and 1988 when at the end of the year he retired as Chief, but continues to serve as a valued and experienced member of the Shakopee Fire Department, and WHEREAS, during all of the time that he was a member of the Shakopee Volunteer Fire Department, either as a regular member or as an officer, he diligently fulfilled all the duties required and expected of him and did many more things and performed many more services that his position or responsibility would require and all of his service was done with a smile. THEREFORE, BE IT RESOLVED, that the Shakopee City Council on behalf of all of the citizens and residents of the City of Shakopee and on its own behalf hereby publicly express the deep gratitude and appreciation of all to Joe Ries for his years of dedicated service, and BE IT FURTHER RESOLVED, that this Resolution of Appreciation be spread upon and become part of the permanent minutes of the Shakopee City Council and that a signed copy thereof be presented to Joe Ries as a small but visible token of the City's deep gratitude and appreciation for his years of dedicated service well done. Adopted in adjourned regular session of the Shakopee City Council held this 21st day of February, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this 21st day of February, 1989. City Attorney OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA NOVEMBER 29, 1988 Mayor Lebens called the meeting to order at 7:00 P.M. with Councilmembers Wampach, Zak and Scott present. Cncl.Clay and Vierling were absent. Dennis R. Kraft, Acting City Administrator, was also present. In response to a request from the Council, Mr. Gerald Garski and Mr. Steve Hurni were present from the State of Minnesota, Local Government Services Division. They responded to concerns of the Council regarding the assessing practices of the County Assessor's office as they relate to Shakopee and Scott County. They explained that the assessing practices being used are consistent with practices used elsewhere in the State; and that the credentials of Mr. Bob Schmitt (who. handles Shakopee) are valid. Concerns were raised as to why property at the intersection of CR-42 and CR-13 were valued so differently. Mr. Garski explained that the values are probably different because one quadrant is in Savage and has no utilities and the other quadrant is in Prior Lake and has utilities. He said that he would write a letter to the County Assessor asking him to look into the valuation procedures being used regarding parcels of vacant land. Mr. Murray Williamson, Super 8; Mr. Boland, Eagle Creek Mall; and Mr. Clete Link were present and expressed their concern about the high property taxes for business. Zak/Wampach moved that a letter be sent to Representative Kelso, Senator Schmidt and Congressman Frenzel addressing the City's concerns regarding property taxes. Motion carried unanimously. Scott/Zak moved that we take the property tax problem to our state legislature. Motion carried unanimously. Scott/Wampach moved to appoint Jeanette Shaner Acting City Clerk from December 5, 1988 until December 19, 1988. Motion carried unanimously. Scott/WampaJch moved to adjourn. Motion carried unanimously. Jdth S. Cox Clif/y Clerk Dennis R. Kraft - Acting City Administrator Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 7, 1989 Mayor Lebens called the meeting to order at 7:00 P.M. with Councilmembers Wampach, Clay, Vierling and Scott present. Cncl.Zak arrived late. Also present were Dennis R. Kraft, Acting City Administrator; Julius A. Collar II, City Attorney; Judith S. Cox, City Clerk; Dave Hutton, City Engineer; Barry Stock, Administrative Assistant; and Leroy Houser, Building Inspector. Vierling/Wampach moved to recess for an H.R.A. meeting. Motion carried unanimously. Cncl. Zak arrived and took his seat. Lebens/Clay moved to reconvene at 7:03 P.M. Motion carried unanimously. Mayor Lebens asked for liaison reports from the Councilmembers. There were none at this time. Mayor Lebens asked if there was anyone from the audience who wished to adress anything not on the agenda. There was no response. Clay/Wampach moved to approve the consent business. Roll Call; Ayes; Unanimous Noes; None Motion carried. Clay/Wampach moved to approve the Minutes of January 17th, 26th, and 31st, 1989. (Approved under consent business) . t Clay/Wampach moved to accept the resignation of Melanie Kahleck from the Energy and Transportation Committee. (Approved under consent business) . Clay/Wampach moved to refer the letter from Gary L. Englund, Minnesota Department of Health, regarding reporting to the 1989 Legislature, proposals for alternative funding for water supply monitoring and surveillance in Minnesota, to the Shakopee Public Utilities Commission. Motion carried unanimously. Clay/Wampach moved to acknowledge a communication from Frederick G. Lantz, Government Finance Officers Association, regarding the City's Certificate of Achievement for Excellence in Financial Reporting. (Approved under consent business) . Scott/Vierling moved to table the financial statements of Minnesota Valley Restoration Project, Inc. (Murphy's Landing) , - and invite Mr. Richard 0. Ellsworth, George M. Hansen Company, P.A. , to the February 21st Council meeting. Motion carried unanimously. Proceedings of the City Council February 7, 1989 Page -2- Wampach/Zak moved to receive and file the 1988 Annual Report on the Shakopee Area Convention and Visitors Bureau. Motion carried unanimously. Clay/Vierling moved to waive the normal proceedings and appoint Mr. John Drees to the Energy and Transportation Committee, for a two year term ending January 1, 1991. Clay/Vierling moved to amend the motion to include at the beginning of the motion: Seeing has how the Energy and Transportation Committee has three openings which have not been filled and that there have not been other applicants. Motion carried unanimously. Motion carried unanimously on the main motion as amended. Zak/Vierling moved that there be a standing cut off for applications for Boards and Commissions 30 days after Council makes its annual appointments and in addition, at the discretion of the Council, positions may be filled as needed. Motion carried unanimously. Clay/Wampach moved to acknowledge receipt of a letter from Senator Robert Schmitz regarding Minneapolis, St. Paul and South Saint Paul combined sewer overflow charges. (Approved under consent business) . Wampach/Vierling moved to receive and file the letter dated February 1, 1989 from Leonard W. Levine, Commissioner, Mn. DOT, to Mayor Lebens regarding the Mini Bypass. The letter was sbnt in response to Mayor Lebens' letter to the Federal Highway Administrtion raising these concerns: 1) request for design hearing, 2) parking lot impacts, and 3) Levee Drive clearance. Motion carried unanimously. Mr. Barry Stock, Administrative Assistant, explained that the cable company has received a bid to purchase the cable system and that according to the franchise ordinance, the City has the right of first refusal. He explained that the bid received is $8,200, 000.00. He explained the rationale used by the Cable Communications Commission for recommending that the City not purchase the cable system. Scott/Clay moved to waive the City of Shakopee's right of first refusal to acquire the Shakopee Cable System. Motion carried unanimously. Clay/Wampach moved to approve the 1988 Annual Report of the Shakopee Cable Communications Commission. (Approved under consent business) . Proceedings of the City Council February 7, 1989 Page -3- Clay/Wampach moved to authorize the appropriate City officials to advertise for request for proposals for the operation and management of the public access studio. (Approved under consent business) . Wampach/Zak moved to authorize the appropriate City officials to inform the Department of Trade and Economic Development of the City's desire to continue the Star City program. Motion carried with Mayor Lebens opposed. Mr. Stock explained that the Shakopee Cub Scouts have agreed to drop their current glass recycling drive and participate in a City sponsored Spring clean-up activity. He explained that the Energy and Transportation Committee is recommending that the City contribute $1,500 to the Cub Scouts for their participation in a Spring clean-up activity providing that they discontinue their monthly glass drive. He also explained where the funding would come from. Zak/Wampach moved to sponsor the Shakopee Cub Scouts in an annual Spring clean-up activity at a cost not to exceed $1,500 annually providing that the Shakopee cub Scouts discontinue their curbside recycling program effective March 15, 1989. Roll Call: Ayes; Unanimous Noes; None Motion carried. Clay/Vierling moved to open the public hearing on proposed improvements to 5th Avenue between Spencer and Market, Market Street between 4th and 7th, and Main Street between 6th and 5th. Motion carried unanimously. The City Engineer explained that the City had received a petition to improve 5th Avenue between Fillmore and Market, by sewer, water, and street construction. When he prepared the feasibility study on this improvement, he expanded it to include improvements to 5th Avenue West to Spencer, by street construction; improvements to Market Street between 4th and 7th, by sewer and water; and improvements to Main Street between 6th and 5th, by sewer, water, and street construction. He explained the various options to the improvements which included some streets and not others. He stated that because the petition was not signed by property owners abutting the additional streets, Council would have to order the improvements by a 4/5ths vote, if it was deemed in the best interest of the city to construct more than was petitioned for originally. The City Engineer recommended that Council approve option #1 for street improvements, option #1 for sewer improvements and option #1 for watermain improvements as contained in the feasibility study as well as street construction along 5th Avenue for one block West of Fillmore. (This would include all streets contained in the feasibility. ) Proceedings of the City council February 7, 1989 Page -4- After questions from Councilmembers were answered, Mayor Lebens asked if there were any questions from the audience. The City Clerk read letters from three residents who were unable to attend the meeting. Mr. Ed Siebenaler wrote that he was not in favor of the improvements to 5th Avenue between Spencer and Market and to Market between 4th and 7th. Mr. Dean Smith wrote that he was in favor of option #1 (to improve all streets) and not option #2 nor option #3 which would include fewer streets. Mr. Eugene Brown wrote that he has read the feasibility report and is very much in agreement to proceed. Mr. Les Ten Eyck, 502 East 4th Avenue, stated that he had been in touch with Mr. Gordon Gelhaye, who was unable to attend the meeting, and that he is against the project. Mr. John Cairns, on behalf of CMC Real Estate Corporation, stated that in his opinion the proposed $39,000 assessment is a taking of their property. He stated that their property is not worth the cost of the assessments. Mrs. John Theis stated that she owns property abutting Main Street and Market Street and that she endorses option #1. She has been waiting along time for development to occur. Mrs. Linda Carlson, owner on Market Street, stated that she does not need the improvements to serve her property; her property will not appreciate because of the utilities. She suggested assessing according to need and potential gain. The City Engineer responded that since she already has utilities, Shakopee Public Utilities may pick up the cost of the watermain where it already exists. They have yet to discuss it. Mr. Dick Kechely, 435 East 5th, stated that he supports street construction to 5th Avenue West of Fillmore and asked if anything would be done to Fillmore between 4th and 5th. The City Engineer responded that Fillmore is not being addressed at this time, but that he would not recommend that it be improved. Ms. Dorothy Ten Eyck indicated that she owns a larger parcel which would be assessed a larger amount, $82, 000, and that she is not in favor of the proposed project. Mr. Cal Ten Eyck stated that he is not in favor of development at this time and does not wish to develop. His property does serve as a buffer for children walking to and from school. Proceedings of the City Council Fabruary 7, 1989 Page -5- Mr. Dave Brown, representing Gene and Esther Brown, stated that they have owned property for 20 years, paid the taxes, that it is in a blighted area and that option #3 is the most viable for them, but he recognizes that the Smiths also want to be able to develop their property. CMC Real Estate says that the assessments are a taking of their property, but he believes that they are also making their property not develop. In real estate, everyone's property value increases when sewer and water is available. Mr. Alvin Smith, Mr. Dean Smith's son, stated that property is being developed on the outskirts and that it seems like a waste not to develop property within the core city. Mrs. John Theis stated that she would like Council to vote for option #1 to bring the amenities to the people on Market Street which the rest of the community enjoys. Mr. Ten Eyck suggested that a 4th alternative be considered which would improve 5th Avenue from Main to Market and Main Street from 5th to 6th. Ms. Linda Doepke, 420 East 5th Avenue stated that she would like to see 5th Avenue improved from Spencer to Fillmore. Mr. Bill MC Goldrick, owner of property abutting Market Street, stated that he wants sewer and water installed in Market Street. Wampach/Zak moved to close the public hearing. Motion carried unanimously. Cncl.Zak stated that we need to explore the cost of right-of-way acquisition, what will be the impact if SPUC funds any of the watermain, what will CMC Real Estate do with their property, and he asked if Mr. Hutten could prepare information on the suggested 4th alternative. Mr. Hutton responded that he could prepare a 4th option for the next meeting; and that he did not include it in his feasibility study because it is not feasible. Clay/Vierling offered Resolution No. 3013 , A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For 5th Avenue Between Spencer Street and Market Street, Market Street Utilities from 4th Avenue to 7th Avenue, and Main Street from 6th Avenue to 5th Avenue, Project No. 1989-4, and moved its adoption. Roll Call: Ayes; Cncl.Zak, Wampach, Clay, Vierling and Mayor Lebens Noes; Cncl.Scott Motion Carried. Proceedings of the City Council February 7, 1989 Page -6- Wampach/Zak directed staff to obtain a benefit appraisal as well as a property appraisal when obtaining appraisals for right-of- way acquisition for construction of 5th Avenue. Motion carried unanimously. Clay/Vierling moved to recess at 8:57 P.M. Motion carried unanimously. Wampach/Clay moved to re-convene at 9:12 P.M. Motion carried unanimously. Mr. Stock explained the process staff undertook in soliciting proposals for providing Dial-A-Ride service to our area. He also explained the process used to evaluate the proposals received; and, the recommendation by the Energy and Transportation Committee to the City Council. Wampach/Zak moved to direct the appropriate City officials to negotiate an agreement with Morely Bus Co. for the provision of Dial-A-Ride Service in Shakopee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Clay/Vierling moved to amend Resolution No. 3019 paragraph 3a by striking, "a majority of which shall be members of the Shakopee Lions Club. " and inserting, "consisting of representatives from local scouting programs. " Motion carried unanimously. Clay/Vierling offered Resolution No. 3019, A Resolution Accepting The Shakopee Community Youth Building From The Shakopee Lions And Establishing A Committee To Oversee Its Operation, and moved its adoption. Motion carried unanimously. Mr. Leroy Houser advised Council that the Lions Club was refunding the $7,500 that the Council had so gratuitously provided for construction of the community youth building, because it turned out that there were sufficient funds. The City Engineer advised Council that the developer has signed an agreement addressing the required improvements in connection with the proposed vacation of 6th Avenue East of Main Street. He also stated that Mr. Dean Smith is opposed to the construction of duplexes in this area. Wampach/Zak moved to take the vacation of 6th Avenue East of Main Street off the table. Motion carried unanimously. Proceedings of the City Council February 7, 1989 Page -7- Wampach/Vierling offered Resolution No. 3009, A Resolution Vacating 6th Avenue East of Main Street, According to the Plat of Wermerskirchen 2nd Addition to the City of Shakopee, Scott County, Mn. , and moved its adoption. Motion carried unanimously. Clay/Wampach moved to authorize appropriate staff to submit payment to the Sand Creek Water Management Organization in an amount totalling $1,085.48 representing the City of Shakopee's share in preparing the 509 plan. (Approved under consent business. ) Wampach/Vierling moved to recess to executive session to discuss police union negotiations. Motion carried unanimously. Meeting recessed at 9:44 P.M. Clay/Vierling moved to re-convene at 10:58 P.M. Motion carried unanimously. Vierling/Clay moved to approve payment of the bills in the amount of $914,562.93. Roll Call: Ayes; Unanimous Noes; None Motion carried. Clay/Wampach moved to nominate Debra Amundson to the Energy & Transportation Committee. (Approved under consent business. ) Clay/Wampach moved to dispense with the rules, and appoint Debra Amundson to the Energy & Transportation Committee to fill the unexpired term of Melanie Kahleck expiring January 31, 1991. (Approved under consent business. ) Vierling/Wampach offered Resolution No. 3015, A Resolution Receiving A Report and Calling A Hearing on Improvement to 3rd Avenue Between Spencer Street and Shumway Street and all North- South Streets Within Those Project Limits Between 3rd Avenue and 4th Avenue, Project No. 1989-5, and moved its adoption. Motion carried unanimously. Wampach/Vierling offered Resolution No. 3014, A Resolution Receiving A Report and Calling A Hearing On Improvement to C.R. 17 (Marschall Road) From 4th Avenue to 10th Avenue, Project No. 1989-6, and moved its adoption. Motion carried unanimously. Clay/Wampach offered Resolution No. 3018, A Resolution Ititiating The Vacation of The Alley in Block 12, City of Shakopee, Scott County, Minnesota, and moved its adoption. (Approved under consent business. ) Proceedings of the City Council February 7, 1989 Page -8- Clay/Wampach offered Resolution No. 3016, A Resolution Apportioning Assessments Among New Parcels Created As A Result of The Platting of Prairie Estates 1st Addition, and moved its adoption. (Approved under consent business. ) Consensus of Councilmembers was to meet on March 1, 1989 beginning at 1:00 P.M. to hear presentations by the firms who submitted proposals for legal services. Zak/Scott moved to terminate the probationary status of Newton Parker effective January 15, 1989, and have him continue as a temporary full time employee for a one to two year period as provided at the time of his appointment. - Motion carried unanimously. Zak/vierling moved to adjourn to Thursday, February 9, 1989 at 10:00 A.M. Motion carried unanimously. Meeting adjourned at 111::13 P.M. 4T{aiCdx, Clerk R `cording Secret ry OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 9, 1989 Mayor Lebens called the meeting to order at 10:01 A.M. in the Council Chambers at City Hall with Cncl.Wampach, Clay, Vierling and Scott present. Cncl.Zak arrived late. Also present were Julius A. Coller II, City Attorney; Dennis R. Kraft, Acting City Administrator; Judith S. Cox, City Clerk; and Dave Hutton, City Engineer. Mr. Gerald Hart, President of St. Francis Regional Medical Center, addressed the City Council. He explained that they have conducted strategic planning and have identified strengths and weaknesses of the hospital operations. Cncl.Zak arrived and took his seat at 10: 07 A.M. Mr. Hart explained that the hospital needs to keep up with the ever changing medical services delivery system. He indicated there is also a need for a replacement plan for the internal reconfiguration of the facility. He explained that changes will require discussions with the Council. They need to advise the City of their current planning and solicit help in planning for the hospital. He invited councilmembers to contact him for more information. Mr. Hart indicated that St. Francis has retained the services of Dr. Hank to help plan for the future. It is Dr. Hank's opinion that there is a need to attract more specialists and that there is no longer space at the hospital for them. Dr. Pat Adams stated that he is impressed by the Benedictine System since it has come to town. He expressed the opinion that something is needed to keep up with the competition. Dr. Abrams agreed with Dr. Adams regarding the Benedictine System. He also stated that a health care campus needs to be put together, that he supports the concept of improving this health care facility, and that he encourages help from the Council to facilitate it. Mayor Lebens thanked everyone for coming. The City Engineer explained that the City Code needs to be amended to address erosion control and made recommendations on how best to integrate it into the City Code. Wampach/Zak moved that a letter be sent to Representative Becky Kelso and Senator Schmitz requesting that legislation be introducedrequiring a top cover over gravel trucks in the State of Minnesota. Motion carried unanimously. Proceedings of the City Council February 9, 1989 Page -2- Wampach/Vierling directed the Planning Commission to review the draft erosion control ordinance and to hold a public hearing on the proposed Zoning Code revisions prior to making a final recommendation to Council. Motion carried unanimously. The City Attorney recommended that the draft of the ordinance be sent to the Codifiers to insure that it is properly drafted for codification. Vierling/Zak moved that the City of Shakopee allow the Shakopee Public Utilities Commission to construct a new well just east of Stans Park recognizing that no sanitary sewers may be installed within 50 feet of the new well thereby restricting the future expansion of any facilities in Stans Park that would fall within that 50 foot radius. Motion carried unanimously. Vierling/Wampach moved to adopt a revised change order policy utilizing the guidelines described in the memo from the City Engineer dated January 24, 1989 . (Doc No. CC-166) Motion carried unanimously. Vierling/Wampach moved to authorize the purchase of a Uniden Force Radio from Contact Mobile Communications, Inc. , 6830 Washington Ave. So. , Eden Prairie, Mn. 55344 in the amount of $748.80. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer stated that the City currently does not require stormwater ponding for new development and that mandatory stormwater ponding is going to be required of all communities in the near future. The draft Comprehensive Stormwater Management Plan within the Mill Pond Watershed , provided to Council for review, provides for 1% ponding. He stated that this is equal to 21 acres which could be obtained through the platting process. The City Engineer went on to explain the plan that the City's consultant has developed to mitigate the trout stream at the Mill Pond. He explained that the estimated cost is $240, 000, but that he believes the plan can be constructed for less than $150,000. He also explained that the Minnesota Department of Transportation will be paying for 15% of it because it is required as part of the Southerly Bypass Project. This cost is minor compared to the $3 ,000,000 Bypass Project. Vierling/Wampach moved to endorse the draft Comprehensive - Stormwater Management Plan within the Mill Pond Watershed as the City's final plans for the Mill Pond Mitigation Measures for the trout stream and that staff submit it to the Department of Natural Resources. Motion carried unanimously. Proceedings of the City Council February 9, 1989 Page -3- Vierling/Clay moved to table discussion on the employee contributions to group insurance until everyone on the Council has had a chance to better understand the current policy before making a final determination on making any changes. Mayor Lebens stated her concern that employees who are not carrying family health insurance coverage give the City some written assurance that their family does have coverage. Cncl.Vierling suggested staff check with Labor Relations or another personnel group to get a opinion as to whether or not the City has any liability if an employee doesn't take family coverage and does not have it through another source. Cncl.Wampach indicated that he would like to see SPUC salaries be more comparable with those of the City. Cncl.vierling and Mayor Lebens indicated that maybe the salaries should be restructured/increased with no quarterly payment to employees in lieu of having family health insurance coverage. Cncl.Scott stated that we need a legal opinion on whether or not an employee can have a choice or not have a choice. Cncl.Zak stated that he would like to learn more about the original policy. The City Engineer suggested that if Council is looking at making a change, that it may be prudent to get input from staff, maybe from the employees directly involved with a change. Motion carried unanimously on the motion to table. Zak/Vierling moved to authorize the purchase of a single axle dump truck from Boyer Ford in the amount of $30,250 under the Hennepin County Cooperative Purchasing contract. Roll Call: Ayes; Unanimous Noes; None Motion carried. Scott/Vierling moved to adjourn to Tuesday, February 21, 1989 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 11:44 P.M. Judith S. Cox - ¢¢ity Clerk Ifecording Secretary RECEIVE[ February 17, 1989 FEB1 71989 C)TY OF&.HAI(opEE City of Shakopee 129 E. 1st Ave. Shakopee, MN 55379 Dear Judy: This letter is to inform you that a representative(s) from the Shakopee Jaycees will be attending the next council meeting on February 21 . They would like to address the Council and advise them of the advertising signs proposed for Tahpah Park. If you have any questions, please call me at 496-2192. Sincerely, Duane Wermerskirchen PJW CONSENT � b ar•1o6m66rras Nxurwxclxvxs 1185 SUAKOPEE.al BIN gEEr $NAKO(612) N-8151 sisner 0 • 8115(61314050151 - 4 SCOTT REAL ESTATE January 27, 1989 Mr. Gary Laurent Laurent Builders 118 So. Fuller St. Shakopee, Mn. 55379 Dear Gary: It is with regret that I must resign my posistion from the Downtown Committee effective immediately. As of January 26, 1989 I have resigned from my posistion as Broker/Manager of Coldwell Banker Scott Real Estate. I will be leaving the town of Shakopee and relocating in another area. I will no longer be able to assume the responsibility of this posistion. I thank everyone for their support, friendship, and cooperation. I wish you all continued success in your endeavors. Sincerely, '(Ct(rc. c(. C'< r C✓�7 � Shiela A. Carlson Recommended Action: Accept the resignation of Shiela A. Carlson from the Downtown Committee with regrets. An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates. Inc. ---IIi- MINNESOTA GOOD ROADS, INC. �\ 3402 UNIVERSITY AVE. S.E., MINNEAPOLIS, MINN.55414 (612) 379-7227 THE CITIZENS'VOICE FOR GOOD ROADS FRED J.CORRIGAN DFFIcF S CaseuLneDrecmr ROBERT J.MCFARLIN Presoenl February 6, 1989 JERRYANDERSON Z Louis Park NoT E.xNrve DuaCld RAY FOSLID vice So. ROBERT M.JOHNSON $aekapre comu,lenl RAY LAPPEGAARD Yce P,esiEenl - SL Paul GARY SAVER Dear City Council Member: v¢e President Maple Glove PAUL RUUO SeNea", RE: Governor's Budget Proposal - PtULaBAIL£' MVET transfer for local property tax relief Mnnearyfa WARD OF DIRECTORS ROY ASPHAUG St Louts Perk JOHN M.BA,LEY,,R MNnAI .pK The Governor's recent budget proposal included additional PETERM.BECKMAN transfer of MVET revenues from the General Fund to trasnportation SL Paul RICHARD BRAD" ams - an additional 5% in 1989 and 10% in 1990. This repre- cmumelai+ar"S' programs DONALD K.00e. BL Pau, sents the first time in Minnesota history that a Governor has recom- ,REDDERESCHUK M.......a mended General Funds be used for transportation and continues the JO"D�]"K DOOLAN commitment to eventually transferring 100% to transportation. BOB EGAN anpear Mage Gray. WILLIAM ELSHOLTZ JR. .—"Ia Enclosed is a copy of the section of the budget relation o LITTON E S FIELD Se Pam transportation funding. I would like to draw your attention to DAN FRENTRESS elo19 D" the proposal to use MVET revenues for the purpose of localgovern- DAVEGMVDAHI B,PO,M ment aids, with no restrictions on how these funds would be expended. DORROTTHHY GROTIE While the budget shows $22 million for this use, we understand the BASNG TAFSON true number will be closer to $14 million. Paul H.B.UNKS UNDER,JR. P,Ylnoam BOBHILUKER g as the Ar Pam I ur a you to consider these recommendations closely, BOB JENSEN purpose other than transportation would Fmmppoer use of MVET funds for any pure GREG JOHNSON s.Pam ntif threaten the intent of 1981 legislation identifying revenues BUNKING erall Park for transportation and laid out a schedule to achieve 100 transfer WRFIFUple OnpHJSKI to transportation by 1990. The revenues are critical to local, county SHIA,,ES LANE Mmneapplse and state transportation systems and any diversion oese revenues RUSSIANGSETH Blapmlaelan for other purposes would seriously jeopardize the maintenance an JAMES P.LOANEY North Monkelp improvements identified as necessary to keep our communities and state GEORGE W.MATTSON Shafer economically competitive. CHABLESMCCROSSAN MaplaGmce MICHAELS.MCGR Y 0. Minnesota Good Roads has consistently taken a strong position JOE MICHELS MIarf. supporting a 100% transfer of MM revenues for transportation funding. OHN MILNE BL Paul We urge you to carefully consider this recommendation and reject e ARLYN NELSON purpose other "I"No concept of diverting the transfer of MVET funds for any pure KENNETH PATE M Paul than transportation. JERRY PETERMEIFA Go.RaPEs PALMER PETERSON PALRE"IER We look forward to working with you during the 1989 legislative Epen Paine session. W,LLIAMA.RICE up— pO,"a",ha�gta"n5 Yours sincerely, A.J.IMaMI ROMANO �s Mlamap GARY RUONINGEN Rall Ups Fa ROBERT J.SCH SCHMITZ OMaIL MIKE SILL sa.as. Fred J. Corrigan, Executive Director CHARaaLES SWANSON SalJANE1AC TSCHIDA 9 Lams FeIX CARL Luer SKI enclosure .—Luer Specific goals of the Governor include: for the Twin Cities metropolitan area. Responsibility for that activity is now dis- a •an orderly investment program to repair persed amonga numberof state,regional and modernize our aging highway sys- and local agencies. Highway, transit and tems, transit systems,and buildings, light rail planning requires a more focused and coordinated effort. The •the development of creative alternatives, Governor questions the continued need such as light rail, to meet our future for the Regional Transit Board, and he transportation needs, suggests the Legislature should consider sunsetting the RT13 as part of its effort to ' •predictable and secure funding sources restructure metro-area transportation to meet our longer-term infrastructure planning. ; needs, and Amateur Athletics. The Governor •construction and acquisition of sufficient recommends that the 1989 Legislature physical assets toenhance our education- continue the effort to develop the state's al programs and stimulate economic athletic infrastructure. The following development. projects, all needed to keep the 1990 Olympic Festival and the 1991 Special Recommendations Olympics events on track, are recom- mended for authorization by the 1989 Transportation. The Governor recom- Legislature: mends that the Legislature increase the transfer of the Motor Vehicle Excise Tax •$8.5 million to expand the Blaine (MVET)from its current 30%level to 35% sports complex, in 1990 and 45% in 1991. The $49 million generated by the transfer would he dis- •$300,000 to upgrade track and field tributed as follows: facilities at the University of Min- *823 million to the trunk highway fund nesota to Olympic standards, • $5.0 million to expand the the Giants •$4 million to increase light rail funding, Ridge complex, and and • $360,000 to establish a kayaking center •$22 million to local governments to on the St. Louis River in Carlton reduce local property taxes for transpor- County. tation or other local purposes. Other Capital Investments. The Gover- Because this MVET transfer will not meet nor recommends that the 1989 session all trunk highwayfunding needs,the Gover- authorize an additional $77 million for nor also recommends that the Legislature the following immediate capital needs: index the gasoline tax to help insure ade- quate future funding as costs increase. •$25 million for repairs and construc- tion planning needed for the state's The Governor recommends that the Legis- Regional Treatment Centers, includ- lature restructure transportation planning ing planning for the first phase of state so ACTION REQUESTED: Offer Resolution No. 3020, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Marschall Road (C.R. 17) Sidewalk, Project No. 1989-6 and move its adoption. DH/pmp MEM RESOLUTION NO. 3020 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Marschall Road (C.R. 17) Sidewalk Between 4th Avenue and 10th Avenue Project No. 1989-6 WHEREAS, Resolution No. 3014, adopted on February 7, 1989, fixed a date for Council hearing on the proposed improvement of Marschall Road (C.R. 17) between 4th Avenue and 10th Avenue by Sidewalk; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 21st day of February 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Marschall Road (C.R. 17) between 4th Avenue and 10th Avenue by Sidewalk installation along the east side of street. 2. David Hutton, City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19_• Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 -- City Attorney SUPER 8 MOTEL - SHAKOPEE 581 S. MarsChall Rd • Shakopee. MN 55379 • 612.445-4221 { _ _ February 15, 1989 Shakopee City Council 129 East 1st Ave Shakopee, MN 55379 Attn: Judy Cox We acknowledge receipt of the notice of hearings on project No. 1989-6 relative to sidewalks adjoining our property. our original agreement with the developer specifies that this project is the responsibility of the developer- and there is a letter of credit on file with the city to cover these costs. If there is a problem and there is any chance that there may be additional assessments against the property owners, then we are opposed to this project pending the receipt of additional information. Sincerely, Shakopee Super 8 Partnership Tnle pcp4Y k eMepBMen11Y unaE anC gwrYetl Wnuenl to a haMliKe aprbmBnl wllli SUPER 8 MOTELS, INC POT UNITED MEXTEMAN 4]iWE EAST SHAKOPEE AVE. a CO. RD. 17 PHONE. "5-3552 SHAKOPEE, MINN. 55379 THE REV. RAT KRUGER, Pa,iw .j 99 SC) EWis ' si SHAKOPEE MINN. 553N February 20, 1989 City of Shakopee 129 First Street Shakopee MN 55379 RE: Sidewalk Assessment P1FC—"i* -r1 FE82 11989 0"1)y Cr SIIAKOpEf It is the feeling of the First Presbyterian Church that a sidewalk is not necessary up as far as the church at this time. Sincerely, iNh WaWrdaMQ E lder MEMO TO: Dennis Kraft, Acting City Administrator FROM: Dave Hutton, City Engineer C aq:% SUBJECT: 3rd Avenue Reconstruction Between Spencer Street and Shumway Street DATE: February 15, 1989 INTRODUCTION: Attached is Resolution No. 3021 for Council consideration which Orders Plans and Specifications for 3rd Avenue Between Spencer Street and Shumway Street, Scott Street Between 2nd Avenue and 4th Avenue, and Atwood, Fuller, Lewis, Sommerville, and Spencer Streets all between 3rd Avenue and 4th Avenue. BACKGROUND: On October 18, 1988 City Council ordered the preparation of a feasibility report for improvements to 3rd Avenue between Spencer Street and Shumway Street and north -south streets within the project limits between 3rd Avenue and 4th Avenue by Resolution No. 2971. The feasibility report was distributed to Council on February 7, 1989 and subsequently a public hearing was scheduled for February 21, 1989 by Resolution No. 3015. The proposed improvements consist of total street reconstruction, including sewer, water, sidewalk, curb 6 gutter and pavement. Staff will give a presentation on the feasibility report at the public hearing. The feasibility recommends that the project limits be revised to eliminate those portions of Shumway Street and Apgar Street between 3rd and 4th Avenues and to include that portion of Scott Street between 2nd Avenue and 3rd Avenue. Holmes Street between 3rd and 4th Avenue was not considered as part of this improvement because of the recent reconstruction of this street. At the conclusion of the public hearing if Council wishes to proceed with the project, Resolution No. 3021 which orders the preparation of the plans and specifications for the project as recommended by the feasibility report is attached for Council consideration. ALTERNATIVES: Depending on the testimony at the public hearing, Council has the following alternatives: 1. Determine that the project should proceed and order staff to prepare plans and specifications for the project, using the project limits that were recommended in the feasibility report. 2. Determine that the project is not in the best interest of the City and do not proceed any further with the project. 3• Table any action on this project in order to revise the project scope or to direct staff to provide additional information to Council, if desired. RECOMMENDATION: Staff recommends Alternative No. 1, to proceed with the project and order staff to prepare plans and specifications for the project as recommended by the feasibility report. ACTION REQUESTED: Offer Resolution No. 3021, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 3rd Avenue Between Spencer Street and Shumway Street, Scott Street Between 2nd Avenue and 4th Avenue and Atwood, Fuller, Lewis, Sommerville and Spencer Streets All Between 3rd Avenue and 4th Avenue, Project No. 1989-5 and move its adoption. DH/pmp MEM2 RESOLUTION NO. 3021 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For 3rd Avenue Between Spencer Street and Shumway Street Scott Street Between 2nd Avenue and 4th Avenue and Atwood, Fuller, Lewis, Sommerville and Spencer Streets Between 3rd and 4th Avenues Project No. 1989-5 WHEREAS, Resolution No. 3015, adopted on Feoruary 7, 1989, fixed a date for Council hearing on the proposed improvement of 3rd Avenue between Spencer and Shumway Street and all north south streets between 3rd and 4th Avenues within these project limits by street reconstruction including sewer, water, sidewalk, curb & gutter and pavement; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 21st day of February 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAEOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: The complete reconstruction of the following segments of streets, which includes sewer, water, sidewalks, curb & gutter and pavement: 1. 3rd Avenue between Spencer Street and Shumway Street, and 2. Scott Street between 2nd Avenue and 4th Avenue, and 3. Atwood, Fuller, Lewis, Sommerville and Spencer Streets all between 3rd and 4th Avenues. 2. David Hutton, City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day oi' 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of t9_• City Attorney Energy and Transportation Committee 1988 Annual Report 1. 1/14/88 Apartment Recycling Survey - In conjunction with the Community Energy Council Grant Recycling Program for apartment complexes, the Commission moved to approve and distribute the apartment recycling survey. 2. 1/14/88 nD ' 1 -A - Ride Service - The Commission moved to ecommen rd to City Council that the evening Dial -A -Ride service program be continued in it's present form through the remainder of the contract term. (Council concurred on 2/2/88) 3, 1/14/88 Energy and Transportation Committee Mission Statement - It was the consensus of the Committee to establish a mission statement for the Transit Program and it's two subcomponents. 4, 1/14/88 Dial -A -Ride Ridership Problem - It was brought to the attention of the Committee that the Dial -A -Ride program is experiencing a problem with too many riders. The Commission discussed alternatives for resolving the problem including fare zones, increase fares, increasing the advanced notice for reservation calls and adding more vehicles into service. The Committee moved to schedule a public hearing on a Dial -A -Ride fare increase for February 11, 1988. The Commission also decided to hold a special meeting to discuss the various alternatives to resolve the Dial -A -Ride demand problem at a special meeting on January 27, 1988. 1/14/88 Dial -A -Ride Contract Amendment #5 - The Southwest Metro Transit Commission requested the City of Shakopee to amend the Dial -a -Ride contract to provide for a third vehicle to service the Chaska Dial -A -Ride program. The Committee moved to recommend to City Council approval of Dial -A -Ride contract #5 providing for the addition of a third vehicle to service the Chaska Dial -A -Ride program. (Council concurred on 2/2/88) 1/27/88 special Meeting to Discuss Dial -A -Ride Demand Problem - The Commission met to discuss the various alternatives to resolve the Dial -A -Ride demand problem. After an extensive discussion of the issues, it was the consensus of the Committee to increase the advanced notice request category from 12 hour advance notice to a 24 hour or more advance notice and a less then a 24 hour notice. It was also the consensus of the Committee to propose at the public hearing a $.25 across the board fare increase for those persons calling in with more then a 24 hour notice and a $.50 increase for adults and students calling in with a less MEMO TO: Dennis R. Kraft, Acting City Adninistrator FROM: Barry A. Stock, Administrative Assistant RE: Energy and Transportation Committee's 1988 Annual Report DATE: February 16, 1989 INTRODUCTION• In accordance with City policy, the Shakopee Energy and Transportation Committee has completed their 1958 Annual Report for the City Council's review and approval. BACKGROUND - On February 15, 1989 the Shakopee Energy and Transportation Committee moved to recommend to City Council approval of their 1988 Annual Report. A copy of the report is shown in attachment #1. ALTERNATIVES• 1. Move to approve the Energy and Transportation Committee's 1988 Annual Report. 2. Do not approve the 1988 Energy and Transportation Committee's Annual Report. RECOMMENDATION• Staff recommends alternative #1. ACTION REQUESTED: Move to approve the Energy and Transportation Committee's 1988 Annual Report. then 24 hour notice and a $.25 increase for seniors and children under 6 calling in with less then a 24 hour notice. 2/11/88 Dial -A -Fare Increase Public Hearing - The Committee held a public hearing to discuss the possibility of increasing Dial -A -Ride fares. Following the public hearing, the Commission moved to recommend to City Council that Dial -A -Ride advance notice categories be increased to less then a 24 hour notice and more then a 24 hour notice in that fares be increased $.25 across the board for all calls with more then a 24 hour notice. Additionally, fares should be increased $.5o for adults and students who call in with less then a 24 hour notice and $.25 for senior citizens and children under 6 with less then a 24 hour notice. (Council concurred on 2/16/88) 8, 2/11/88 Selection of Van Pool Provider - The Commission reviewed two proposals (Morley Bus Co. and VanPool Services Inc.) that were submitted in response to the City's call for proposals for the operation of the Community Van Pool Program. Following a review of the proposals the Commission moved to recommend to City Council that Van Pool Services Inc. be selected as the Van Pool provider and that the appropriate City officials be authorized to enter into a 2 year, 3rd year renewal option agreement with Van Pool Services Inc. (Council concurred on 2/16/88) 9, 3/10/88 Election of Committee officers - The following were nominated and approved for office: Bob Ziegler - Chairperson, Carol Schmidt - Vice Chairperson and Glenda Spiotta - Secretary. 10. 3/10/88 1987 Annual Report - The Committee moved to approve the 1987 Annual Report and recommended that it be submitted to City Council for approval. 11. 3/10/88 Dial -A -Ride Contract Amendment #6 - Addition of SWMTC Vehicles - The Southwest Metro Transit Commission requested the City Council to amend the Dial -A -Ride contract to provide for three additional vehicles to service SWMTC's service area. The Commission moved to recommend to City Council that Dial -A -Ride contract amendment #6 be approved amending the contract to provide for the three additional vehicles to service the SW Metro Service Area. (Council concurred on 4/5/88) 12. 3/10/88 Expansion of Dial -A -Ride Service to Engelhaven Subdivision - The Commission reviewed a request from the Engelhaven Homeowners Association to expand Dial -A - Ride service to their subdivision. Since the 13. 4/14/88 Engelhaven subdivision was located outside the City limits of Shakopee, it was the consensus of the Committee to direct staff to investigate whether or not exurban funds could be used to offset the costs associated with the proposed service expansion. subdivision - since the Engeihaven subdivision was located outside the Shakopee city limits and exurban funds were not directly available to the City of Shakopee to offset the costs associated with the proposed service expansion, the Energy and Transportation Committee moved to respectfully inform the Engelhaven Homeowners Association that the City of Shakopee was not interested in expanding the Dial -A - Ride service to their subdivision at this time and encourage them to pursue this issue with their Township Board and submit an application to the Regional Transit Board for exurban funding assistance. 14. 4/14/88 1988 Goals and Objectives - The Committee discussed and moved to approve the 1988 Goals and Objectives for the Energy and Transportation Committee. 15. 5/12/88 Scott County Recycling Program Agreement - Staff reported that the Metropolitan Council's household rebate program and tonnage grant program to finance operational and promotional costs associated with our curbside recycling program has been discontinued. The Metropolitan Council now distributes funds directly to counties. Therefore, it becomes necessary for the City of Shakopee to enter into an agreement between Scott. County and the City of Shakopee for the disbursement of grant funds to the City of Shakopee. The Commission requested $2500 per year to fund the recycling related expenses incurred by the City in 1987 and 1988. The Commission move to recommend to City Council that the appropriate City officials be authorized to enter into the recycling program agreemdnt between the City of Shakopee and Scott County. (Council concurred on 6/7/88) 16. 5/12/88 Enabling Resolution Amendment - In light of the State and Metropolitan Council mandated solid waste programs, it was considered prudent for the Energy and Transportation Committee to expand their responsibility to include monitoring programs which relate to solid waste issues that effect the community including refuse collection, recycling, waste abatement and waste reduction. The Commission moved to recommend to City Council that the Energy and Transportation Committee enabling resolution be amended to expand the responsibilities of the Energy and Transportation Committee to include solid waste management. (Council 20. 6/16/88 /00-' concurred on 6/7/88) 17. 5/12/88 Van Pool Policy. Amendments - The Commission reviewed several Van Pool Policy amendments including the elimination of the practice of leasing van pool vehicles to Shakopee residents when they are not in use. Due to the fact that the Van Pool contractors insurance does not cover individuals that sublease vehicles from the City, the Committee felt it would be prudent to discontinue the practice of leasing vans when they are not in use. Several other minor van pool 21. 6/16/88 policies were also recommended. The Committee moved to approve the Van Pool policy amendments. 18, 6/16/88 Dial -A -Ride Contract Amendment 17 - The Committee moved to recommend to City Council the approval of Dial -A - Ride contract amendment #7 extending the Saturday Dial - A -Rider service hours through the remainder of the contract period and eliminating the provision of handicap service. (Council concurred on 7/5/88) 19. 6/16/88 Community Eneray Council Grant Amendment - In light of the poor public response to the City of Shakopee's home energy check-up program, the Committee recommended to City Council that the appropriate City officials request the Department of Trade and Economic Development to extend the Community Energy Council Grant agreement for one additional year. (Council concurred 7/5/88) 20. 6/16/88 Community Action--- Check-Un Assistance - In an effort to dedicate more time to the home energy check-up program, the Energy and Transportation Committee moved to recommend to City Council that the appropriate City officials be authorized to enter into an agreement .with the Scott/Carver/Dakota Community Action Agency for home energy check-up auditor assistance. Under the agreement, the Community Action Agency would be responsible for completing the home energy check-ups. (Council concurred on 9/6/88) 21. 6/16/88 Dial -A -Ride Fare Increase Evaluation - When the Dial -A - Ride fares were increased, it was the consensus of the committee to reevaluate the impact of the increase six months later. Two complaints were received regarding the fare increase. Ridership also dropped slightly as a result of the increase. Both of these were expected. The Commission then moved to maintain the status quo for the Dial -A -Ride fare structure. 22. 6/16/88 Transit Mission Statement - The Committee moved to adopt the Transit Mission Statement and suggested that it be reviewed on an annual basis. 23. 8/18/88 Van Pool Unlimited Personal Mileage Policy - The Committee discussed considering a change in the Van Pool Personal Mileage Policy to allow drivers unlimited personal use of the van. The current policy provided for 150 miles of personal use of the van. Additional mileage was billed a rate of $.21 per mile. The Commission moved to maintain the status quo for Van Pool drivers personal use of the vans. 24. 8/18/88 Van Pool Fare Policy - The Committee moved to recommend Council approval of Shakopee Area Transit Policy #20 which established a Van Pool Fare Policy. (Council concurred on 9/6/88) 25. 8/18/88 Home Energy Check -Up Program Auditor Agreement - The Commission moved to recommend to City Council that the appropriate City officials be authorized to enter into an agreement between the Scott/Carver/Dakota Community Action Agency and the City of Shakopee for home energy check-up auditor assistance. (Council concurred on 9/6/88) 26. 8/18/88 Scott County Solid Waste Disposal Ordinance - The Impact of Scott County's Solid Waste Disposal Ordinance was discussed by the Committee. The meeting was also attended by representatives from each of the three community organizations currently participating in the City recycling program. It was the consensus of the Committee that the City of Shakopee should pursue an amendment to the current refuse collection ordinance to provide for volume based collection. A volume based collection program would also include the collection of recyclables in conjunction with regular refuse. 27. 8/18/88 Contract Amendment 48 - The Committee moved to recommend to City Council approval of Dial -A -Ride contract amendment #8 changing the name of the Dial -A - Ride provider from Kare Kabs Inc. to Ryder Student Transportation. (Council concurred 9/20/88) 28. 9/22/88 Scott County Solid Waste Disposal Ordinance Imnact- The Committee met to discuss the impact of Scott County's proposed Solid Waste Disposal Ordinance on the City of Shakopee. The proposed ordinance would require all refuse haulers in Scott County to provide recycling services. Since the City of Shakopee has a contracted refuse hauler, they would have to also meet the provisions of the ordinance. This would have a definite impact the City's current recycling program. It was the consensus of the Committee to work with Waste Management on the development of a volume based collection program that included the collection of recyclables in conjunction with regular refuse. It was 29 30 31. 32 33 34 / p � also the consensus of the Committee to work with these volunteer organizations who wanted to discontinue their recycling program and implement a Spring clean-up activity which would reimburse the volunteer organizations for part of their loses as a result of their discontinued recycling program. 10/13/88 Refuse/ReCVCling Program - In response to the Scott County Solid Waste Disposal Ordinance the Commission moved to recommend to City Council that the appropriate city officials be authorized to request a three month extension to Scott County Solid Waste Disposal Ordinance exempting the City of Shakopee and Waste Management Inc from the provisions of said ordinance during the three month extension period. (Council concurred on ) 10/13/88 Refuse ----- County - The Energy and Transportation Committee moved to recommend to City Council that the appropriate City officials be directed to prepare and submit a grant application request to Scott County for funding assistance in the following areas. 1. 508 of the cost of the recycling bins needed for the City's program. 2. Funding for a Spring clean-up program. 3. Funding for a Spring and Fall leaf collection program. 4. Funding for a household hazardous waste program. (Council concurred on 10/18/88) 10/13/88 Refuse/Recycling Program Public Hearing - The Committee moved to recommend to City Council that a public hearing be scheduled before either the Energy and Transportation Committee or City Council be held prior to amending the current refuse collection contract to provide for a volume based collection program and recycling program. (Council concurred 10/18/88) 11/17/88 Dial -A -Ride Bid Specifications - The Commission moved to recommend to City Council approval of the Dial -A - Ride bid specifications which included the provision of Dial -A -Ride service to the Southwest Metro Service Area and Plymouth and authorized the appropriate City officials to proceed accordingly in advertising. (Council concurred 12/6/88) 12/14/88 Refuse Collection/Recycling Program Public Hearing - A public hearing was held by the Energy and Transportation Committee to inform Shakopee residents of the proposed refuse/recycling program. 12/14/88 Refuse Collection Contract Amendments - As a result of the new refuse/recycling program several amendments to the current refuse contract were in order. The Committee moved to recommend to City Council that the refuse collection/recycling contract be amended to include the provisions for volume based collection and curbside collection of recyclables in conjunction with regular refuse. (Council concurred 12/20/88) 35. 12/14/88 Refuse Collection Rate Increase - As a result of the Scott County Landfill Surcharge that goes into effect on January 1, 1989 it was necessary for the refuse hauler to request an increase in residential refuse collection rates. The Commission moved to recommend to City Council that the refuse collection rate be increased by $.78 per home per month effective January 15, 1989. (Council concurred on 12/20/88) 36. 12/14/88 Van Pool Policy #21 -Reverse Van Pools - The Committee moved to recommend to City Council approval of Transit Policy #21 - Reverse Van Pools. The policy specified that the final destination point of reverse van pools must be located with the City limits of Shakopee and that the origination point of the reverse van pool must be located with the Regional Transit Boards taxing district (seven county metro area). 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M J O O 000000000000 000000000000 am mm a J A O N W N W Y Y N N N W N N N N N N Y Y Y N N N Y N oz ID O W T T W J N b m w O N Y J W N N W O N m J O N N m N G O w O m N J m Y W Y N N A O T l0 A A N Y A T N T Y J A m m Y Y W l0 b J U I W A U I W O W U I U I T W N A O A O J T A J W oz RC b J N W b O N O b N O J W U l m J N T V I J J J N N O V 1 V 1 m m T b O J T O T O A T O A A Y lT m N 0 0 In VI In T N O V O R . o o✓ / VAN POOL OPERATIONS REPORT Van Pool vehicle # of Subsidy Admin. Rental Revenue Net Income Pass per Month Expense Expense Collected (Loss) Trips Pass Trips Jan.+ 346.10 2664.35 645.32 2365.13 1762 1.34 Feb.+ 888.16 3270.12 835.04 3323.24 1742 1.91 Mar.+ 378.08 3056.10 795.56 2638.62 2026 1.30 Apr.+ 466.17 3263.60 851.73 2878.04 1743 1.65 May+ 531.37 3191.72 539.06 3184.03 1666 1.91 June+ 301.22 3043.57 837.80 2506.99 1796 1.40 July+ 528.90 3095.69 669.15 2955.44 1736 1.70 Aug.+ 628.77 3045.81 668.76 3005.82 1750 1.72 Sept.+ 705.80 3091.80 833.38 2964.22 1916 1.54 Oct.+ 298.94 3148.59 884.00 2563.53 1979 1.30 Nov.+ 226.48 3155.71 875.33 2506.86 1932 1.30 Dec.+ 328.63 3108.46 570.96 2866.13 1809 1.58 Jan.+ 464.47 3082.35 613.58 2933.24 1910 1.54 Feb.+ 311.75 3003.42 691.42 2623.75 1910 1.37 Mar.+ 267.97 3257.46 718.17 2807.26 1955 1.43 Apr.+ 470.18 3286.16 558.44 3197.90 1636 1.95 May+ 361.46 3326.60 505.18 3182.88 1741 1.83 June+ 488.69 3319.43 410.05 3398.07 1526 2.23 July+ 251.54 3310.00 188.16 3373.38 1294 2.61 Aug.+ 202.53 3109.00 398.23 2913.30 1616 1.80 Sept.+ 333.04 3409.10 154.63 3587.51 1466 2.45 Oct.+ 319.87 3705.48 406.34 3619.01 1443 2.51 Nov.+ 449.03 3359.10 281.33 3526.80 1464 2.40 Dec.+ 947.07 3359.10 458.54 3847.63 1473 2.61 TOTAL 4,867.60 39,527.20 5384.07 39,010.73 19,434 2.06 1986 TOTAL 5,701.45 34,699.72 10,194.54 30,206.83 23,067 1.30 1987 TOTAL 6040.39 37,135.52 9006.09 34,169.89 21,857 1.56 +includes cost of back-up vehicle *Estimates Saturday Dial -A -Ride Operations Report *Extended Service Hours to 5:00 p.m Total Subsidy Per Month opass #SR St. 4GP Cost Pass. Trip Jan. 47 16 16 15 $231.50 $ 4.92 Feb. 57 20 10 27 $315.50 $ 5.53 Mar. 26 9 2 15 $333.25 $12.80 Apr.* 66 11 10 45 $646.75 $ 9.79 May* 65 14 6 44 $509.05 $ 7.83 June* 75 16 26 33 $494.05 $ 6.58 July* 120 18 27 75 $581.25 $ 4.84 August* 117 19 26 72 $442.30 $ 3.78 September* 90 18 22 50 $463.30 $ 5.15 October* 92 24 15 53 $600.00 $ 6.52 November* 80 24 19 37 $488.80 $ 6.11 December* 71 12 23 36 $315.98 $ 4.45 *Extended Service Hours to 5:00 p.m CONSENT /0 *10 MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Community Development Commission 1988 Annual Report DATE: February 16, 1989 INTRODUCTION• In accordance with City policy, the Shakopee Community Development Commission has completed their 1988 Annual Report for the City Council's review and approval. BACKGROUND: On February 15, 1989 the Shakopee Community Development Commission moved to recommend to City Council approval of their 1988 Annual Report. A copy of the report is shown in attachment #1. On February 15, 1989 the Shakopee Community Development Commission also reviewed the Downtown Committee's Annual Report and is recommending City Council approval. (See attachment #2) ALTERNATIVES• 1. Move to approve the Community Development Commission's and Downtown Committee's 1988 Annual Reports. 2. Do not approve the 1988 Community Development Commission and Downtown Committee Annual Reports. RECOMMENDATION• Staff recommends alternative #1. ACTION REQUESTED: Move to approve the Community Development Commission and Downtown Committee's 1988 Annual Reports. 1988 ANNUAL REPORT Shakopee Community Development Commission 1. 2/3/88 The Commission heard a report from Mr. Virgil Mears, Assistant School Superintendent regarding the school's financial position. Mr. Mears also updated the Commission on the proposed excess mill levy referendum. At that time, it was the consensus of the Committee to go on record in support of the referendum. 2. 2/3/88 The Commission reviewed the Community Development Commission's One Year Work Plan. At that time, the Commission also moved to recommend to City Council that the City engage in soliciting proposals from consultants to update the Comprehensive Plan. (Council concurred on 2/16/88) 3. 2/3/88 The Commission moved to recommend to City Council the approval of the 1988 One Year Work Plan. (City Council concurred on 2/16/88) 4. 4/2/88 The Commission discussed the Shakopee Open House - 88 with Canterbury Downs Marketing Director Pat Dawson. At that time a subcommittee was created to plan the activities for the 1988 Open House. (The event was subsequently held on 4/24/88) 5. 4/2/88 The Commission met with Mr. Joe Ries, Scott County Administrator to get a better understanding of the tax impact of Scott County on the City of Shakopee. 6. 4/6/88 Tim Keane was nominated for the Chairperson position, Don Koopman for the Vice Chairperson and Terry Joos as Secretary. 7. 4/6/88 The Community Development Commission reviewed the amendments to the Sign Ordinance and recommended Shakopee Planning commission approval. (Planning Commission Concurred on 4/21/88) S. 5/4/88 The Commission moved to recommend to City Council that the City of Shakopee inform the Minnesota Real Estate Journal that the City is interested in proceeding with a Market Focus on the City of Shakopee to be distributed in the month of August. (Council concurred on 5/17/88) 9. 5/4/88 The Commission moved to commend the Planning Commission and City Council for their commitment and quick action in dealing with an update to the Comprehensive Plan. 10. The June meeting was cancelled due to the lack of business. l0 ( 11. 7/6/88 The Commission reviewed the proposed amendments to the Park Dedication Ordinance. At that time, the Commission moved to recommend to the Shakopee Planning Commission that a public hearing be scheduled to hear comments on the adoption of a new park dedication fee schedule and that the park dedication fees be increased based on the number of persons per dwelling unit and the standard of a 10 acre neighborhood park per 1,000 persons. (Planning Commission approved on 11/3/88, Council Denied on 12/30/88) 12. 7/6/88 The Commission moved to direct staff to investigate whether or not a joint meeting could be held between the Community Development Commission, Downtown Committee and City Council. 13. The August meeting was cancelled due to the lack of business. 14. 9/7/88 The Commission moved to recommend to the Shakopee Housing and Redevelopment Authority and City Council the approval of the Industrial Development Assistance Program. (Shakopee HRA concurred on 10/4/88) 15. 10/5/88 The Commission moved to recommend to City Council that the appropriate City officials be directed to submit a grant application under the Celebrate Minnesota 1990 grant program for the beautification and improvement of Huber Park in conjunction with the 1990's Derby Days celebration. (Council concurred on 10/18/88) 16. 10/5/88 The Commission moved to direct staff to prepare a resolution of appreciation commending Mr. John K. Anderson for his assistance in working with the Community Development Commission. 17. 10/25/88 A joint meeting was held between the Community Development Commission, City Council and Downtown Committee to discuss the status of the Downtown Committee and goals and objectives. 18. 12/14/88 The Community Development commission reviewed and approved the Downtown Committee's Goals and Objectives and recommended Council approval. (Council concurred on 1/31/89) 19. 12/14/88 The Commission moved to direct staff to revise the - One and Five Year Work Plans incorporating several of the objectives discussed at the meeting and also put them into a format comparable to the Downtown Committee's Work Plan and recommended Council approval. (Council concurred on 1/31/89) Bu i 1 d i ng Activity Repo r t Total Valuation 1985 19861987 14,533,490 1988 Increase Total Res. 136 144 165 177 Construction Single Family 49 64 - 61 93 onstructio Total Comm. 246 210 180 170 Construction Commercial New 7 8 5 4 Building Const. Industrial 0 0 2 1 Total Valuation 24,445,409 31,452,685 14,533,490 11,769,593 Increase Tot. Prop. Val. 286,496,000 320,242,000 350,594,000 395,188,000 Previous Year % Increase in 9% 10% 5% 38 Valuation pp DOWNTOWN COMMITTEE 1988 ANNUAL REPORT 1. 1/13/88 Revolving Loan Program - In an effort to encourage property owners downtown to improve their building facades, the Downtown Committee moved to recommend to City Council that the revolving loan program guidelines, procedures and applications form be approved. (Council/BRA Denied 2/2/88) 2. 1/13/88 Downtown Trash Receptacles - The Downtown Committee moved to recommend to City Council that eight trash receptacles be ordered in conjunction with Phase I Part II of the Downtown Redevelopment Project and placed along First Avenue. (Council concurred 1/26/88) 3. 1/13/88 Public Service Informational Signs Downtown --The Downtown Committee moved to recommend to the Shakopee Planning Commission that public service information signs be excluded from the five year amortization provision in the B-3 zone as it applies to the City Sign Ordinance. (The Shakopee Planning Commission approved 4/21/88) 2/10/88 Election of Officers - The following persons were nominated and appointed as officers for the Downtown Committee: Chair - Gary Laurent, Vice Chair - Bill Wermerskirchen, 2nd Vice Chair - Terry Forbord. 4/13/88 1987 Annual Report - The Committee moved to recommend to City Council approval of the Downtown Committee's 1987 Annual Report. (Council approved 4/19/88) 4/13/88 Sign Regulations for Banners and Pennants - The Committee moved to recommend to the Shakopee Planning Commission that strict conditions be adopted for temporary banners and pennants and that they be allowed for private business sales providing that the aggregate time period for displaying said signs does not exceed 30 days per business establishment and that the maximum size of the banner not exceed 32 square feet and that the method of securement be approved by the City Building Inspector. (Shakopee Planning Commission concurred 4/21/88) 5/11/88 Systematic Code Enforcement Program - The Committee discussed the proposed systematic code enforcement program that the Shakopee City Council was considering. The Commission then moved to notify the City Council by letter requesting the opportunity to meet with City Council to discuss and fully understand the ramifications of a systematic code enforcement program and discuss alternatives for funding improvements to the building exteriors in the downtown area. 8. 5/11/88 Downtown Sian - The Committee moved to recommend to City Council that the Downtown Redevelopment Project Sign be placed on the old House of Hoy site. (Council concurred 5/17/88) 9. 6/8/88 Downtown By-Pass Design - The Committee met to discuss the downtown mini by-pass design and the need for extending Levee Drive to the East. The Committee also discussed the need for an alley in Blocks 3 6 4 of the downtown area as a result of completing the downtown mini by-pass. 10. 7/6/88 Downtown Mini By-Pass Design Review - The Committee reviewed the downtown mini by-pass design elements and moved to recommend to City Council that Levee Drive not be extended under the new bridge and that the bridge be designed to allow for future expansion should it be necessary. Additionally the bridge design should include a 8' high pedestrian trail underpass. 11. 8/24/88 Railroad Telegraph Lines - The Committee discussed the potential removal of the railroad telegraph wires along Second Avenue. Due to cost factors, the Downtown Committee moved to recommend to City Council that the City not proceed with removing the railroad telegraph lines along Second Avenue at this time. (Council concurred on 9/6/88) 12. 8/24/88 First Avenue Parking - Downtown Committee then moved to go on record in support of maintaining the status quo in terms of parking and turning movements on First Avenue. 13. 10/25/88 Joint Community Development Commission/Downtown Committee/City Council Meeting - On October 25, 1988 a joint meeting was held between the Community Development Commission, City Council and Downtown Committee to discuss future goals and objectives for both the Downtown Committee and the Community Development Commission. At the joint meeting it was the consensus of the City Council to direct the Downtown Committee to prepare a One Year Work Plan outlining major goals and objectives for accomplishment with potential costs implications also addressed in the plan. 14. 11/9/88 Downtown Committee Goals and objectives - The Committee met to discuss goals and objectives for the 1989 work year. The Committee prepared a preliminary draft of the goals and objectives that they would like to pursue in 1989. 15. 12/14/88 Mayor Lebens By -Pass Proposal - Mayor Lebens agreed to appear before the Downtown Committee to discuss her reasons for being opposed to the mini by-pass and her plan for resolving her concerns. Upon hearing the presentation from Mayor Lebens, the Commission moved to go on record in support of the relocation of the parking stalls lost as a result of the mini by-pass be relocated in-kind in the downtown area at a location to be determined upon further study and analysis. MEMO TO: Dennis Kraft, Acting City Administrator I FROM: Dave Hutton, City Engineer— SUBJECT: ngineer SUBJECT: 5th Avenue Project DATE: February 16, 1989 INTRODUCTION: Attached is a contract extension agreement from Orr-Schelen- Mayeron & Assoc., Inc. for performing surveying and preliminary field investigations for the above referenced project. BACKGROUND: On February 7, 1989 the City Council ordered the preparation of plans and specifications for 5th Avenue between Fillmore and Market Street as well as utilities within Market Street between 4th Avenue and 7th Avenue and the completion of Main Street north to 5th Avenue. Staff is proposing to design this project "in- house", unless workloads dictate that an outside consultant should be utilized. To expedite the design process and obtain information needed to purchase the right-of-way, staff is proposing that Orr-Schelen- Mayeron and Assoc. be utilized to perform the field surveying for this project. Their proposal indicates that this work would take an estimated 3 days to complete. The current engineering staff and department workloads will not permit us to obtain this field work in a timely fashion unless all other work was dropped. Attached is an extension agreement with OSM in the amount of $3,500.000 to accomplish this work. ALTERNATIVES: 1. Approve of the agreement. 2. Deny the request. RECOMMENDATIONS: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct the appropriate City officials to execute the attached contract extension agreement with Orr-Schelen-Mayeron & Assoc. Inc. of Mpls., MN to perform surveying on the 5th Avenue Improvement Project as described in the attached Scope of Services for a fee not to exceed $3,500.00. DH/pmp February 13, 1989 City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Attn: Mr. David Hutton, P.E. City Engineer -Off saw Mavaml& .:S.Y Assodalrs,Nc 2021 Fast Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 E� veers Surveyors Planners Re: Contract Extension Agreement Preliminary Survey for 1989 Project for 5th Avenue Improvements Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A - 3-b (Major Projects), this extension agreement is for the referenced projects. Orr-Schelen-Mayeron and Associates, Inc. agrees to accomplish the attached Scope of Services for a fee not -to -exceed $3,500. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this proposal meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Yours very truly, ORR-SCHELEN-MAYERON D ASSOCIATES, IN i D. Edward Ames, L.S. Associate WJohn Badalich, P.E. Vice President /lmt Attachment CITY OF SHAKOPEE Delores M. Lebens, Mayor Dennis Kraft, Acting City Admin. Judith S. Cox, City Clerk Equal Oppopunily Employer ENGINEERING SERVICES # FOR PRELIMINARY SURVEY FOR 1989 PROJECT FOR 5TH AVENUE CITY OF SHAKOPEE, MINNESOTA SCOPE OF SERVICES Survey to include full topography and cross-section for new street construction with ties to property lines, as per map from City Engineering Department. 1. Use proposed right-of-way centerline for alignment. 2. Locate City utilities per Feasibility Report Maps. a. Chekkmanhole top of casting and invert elevations. b. check catch basin top of casting and invert elevations. 3. Cross-sections at 100 intervals plus driveways and perpendicular sidewalks to 50 feet each side of centerline. 4. Minimum 100 foot profile on centerline and curb and gutter at intersections of 6th & Main and 7th & Market. 5. Verify existing 5th Street right-of-way location. 6. Prepare Easement Descriptions for Teneyck, Gelhaye and Abandon parcels. Estimate three (3) days of 3 -man survey crew plus note reduction, research and administration . . . . . . . . . . . . . . . . . . . $3,000 Estimate day each, Land Surveyor and Technician . . . . . . . . . . . . . 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EtS.7'I'I77RY The department intends to retain one 1986 Ford which is scheduled for replacement. The vehicle will be used as an unmarked traffic enforcement unit, therefore one additional mobile radio is required, for a total purchase of six units. The units currently in service will be transferred to the fire department to replace older units and will increase their frequency channel capabilities from four to eight. The requested units are being purchased from the Minnesota State Fire Agency consortium bid, A 5839 - M, awarded to the Motorola Communications Company at a cost of $17,820.48. The purchase has been approved by the equipment committee. Purchase six Motorola Syntor - X9000 mobile radios at a cost of $17,820.48. G'��iII)QN`F4 � • i�1i1�6'4VK•] Authorize the police department to purchase six Motorola Syntor X9000 mobile radios at a cost of $17,820.48. �L- rh 0%NT MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Refuse Contract Amendment #1 DATE: February 16, 1989 INTRODUCTION• On December 20, 1988 the Shakopee City Council approved the new refuse contract which provided for the collection of recyclables in conjunction with regular refuse. On February 9, 1989 I received a correspondence from Waste Management Manager, Mike Burkopec requesting that the contract be amended to include the provision of a 4% inflationary increase halfway through the contract period. (See attachment #1) BACKGROUND: In our haste to complete the refuse contract amendments to meet the Scott County Recycling Ordinance requirements, staff inadvertently left out a provision in the contract which would allow Waste Management to have an inflationary adjustment to their rate halfway through the contract period. All previous contracts with Waste Management Inc. have included the provision for an inflationary increase. Shown in attachment #2 is Shakopee Refuse/Recycling Contract Amendment #1 which provides for an inflationary increase of 4% halfway through the contract period. A 4% increase equates to .40 per home. On February 15, 1989 the Energy and Transportation Committee reviewed Waste Managements request and moved to recommend City Council approval of the proposed amendment. Move to approve the Shakopee Refuse/Recycling Contract Amendment 41 providing for an inflationary increase of 4% on July 15, 1990 date. (Halfway point of the contract period) Move to approve Refuse/Recycling Contract Amendment #1 providing for an inflationary increase which is directly tied to the consumer price index at a halfway point through the contract period. Do not approve Shakopee Refuse/Recycling Contract Amendment #1 providing for an inflationary increase at a halfway point in the contract period. Staff recommends alternative #1. ACTION REODESTED: Move to approve of Shakopee Refuse/Recycling Contract Amendment #1 providing for an inflationary increase of 4% on July 15, 1990 date. (Halfway point of the contract period) February 9, 1989 Barry Stock City of Shakopee 129 let Avenue Shakopee, MN 55379 Dear Barry: Attachment al �,a��y J `tel A Waste Managamenl Compam, 1-1107 waste Management -Savage is requesting a minor contract amendment to cover inflation over the three-year contract term. In the past contract, we were allowed a CPI increase on a yearly basis. Given the nature of our current contract, we propose a single CPI increase during the three-year term. Consequently, we would appreciate your consideration in allowing us a 4% or .40 per home inflation cost increase effective July 15, 1990. Given the numerous changes made in the contract, we failed to include this item. I apologize for the error. If you should have any questions, please feel free to contact me at 890-1100. Sincerely, WASTE MANAGEMENT -SA GE Mi .Berkopec General Manager MB/nmb Attachment #2 Shakopee Refuse/Recycling Service Contract Amendment #1 The following sections are hereby amended and adopted effective March 1, 1989. Adopt Section J. (5): Beginning July 15, 1990 and ending January 14, 1992 the charge for regular pick-up shall be $10.20 per month; Senior Citizen pick-up shall be $8.70 per month. THE CITY OF SHAKOPEE Mayor By: It's City Administrator By: It's City Clerk Date• WASTE MANAGEMENT INC. By: It's Director of Operations Date: ll� MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk RE: Liaison Appointments Tabled San. 3, 1989 DATE: February 16, 1989 INTRODUCTION AND BACKGROUND: On January 3rd, Council made liaison appointments to boards and commissions. Appointments to the Downtown Committee and to the Community Development Commission were tabled, "... until the City knows what their plans are." On January 31st, Council approved the Downtown Commmittee Work Plan as well as the Star City One year Work Plan. Council may now wish to make liaison appointments to these two committees. 1. Appoint a Councilperson as liaison to the Downtown Committee. 2. Appoint a Councilperson as liaison to the Community Development Commission. MEMO TO: Dennis Kraft, Acting City Administrator FROM: Steve Hurley, MIS Coordinator SUBJECT: Scanner Purchase DATE: February 17, 1989 INTRODUCTION: It is the intention of the City to purchase a scanner for conversion of City code, Building code, Council minutes and other similar documents into a format usable by the City's computer system. BACKGROUND: The City has budgeted in a Capital Equipment Fund for 1989, $6,000.00, for purchase of a scanner. Several makes of scanners have been evaluated with respect to speed, accuracy, cost, value, ease of use and other criteria. Four scanners in particular have been reviewed more closely since they are easily available from local vendors. These four manufactures, Canon, IOC, Calera, & Kurzweil all have scanner products that are capable of handling both text and graphics. Some of the most important characteristics of each of these machines are listed in the table following. Scanning speed is of some importance as a comparison but because errors in scanning will occur with every machine the speed with which a document can be edited to correct those errors becomes the most important factor. The error rate is also quite critical because the fewer the errors, the quicker the document can be corrected. ��9 Canon I0C Calera Kurzweil IX -12 Omnifont TrueScan Models Type Image/OCR Image/OCR Image/OCR Image/OCR Sheet Fed Sheet Fed Sheet Fed Sheed Fed Scanning 12 Sec./ 1 Min./ 30 Sec./ 1 Min./ Speed Page Page Page Page Error 14% 16% --- 7S Rate ��9 W Canon IOC Calera Kurzweil IX -12 Omnifont TrueScan Models Stack Feed 5 30 Depends 10 Capacity On Scanner Grey 32 23 --- 16 Levels Contrast 3 Infinite 3 '16 Price $3,000 $4,900 ; $2,700 $3,995 • Price includes only software and computer board. To complete the package a scanner engine from another manufacturer needs to be added. Also the system must be run on an AT type computer. Given the somewhat subjective nature of a few of the statistics, recommendation of a scanner comes down to what has been personally observed and what third party reviews have said. RECOMMENDATION: The Kurzweil 7320 Model 5 is recommended, not as the lowest price scanner, but as the one offering the best value. Kurzweil is the best known maker of OCR scanners and since the company's purchase by Xerox in 1980 has positioned itself well in the PC compatible scanner market. The Model 5 is upward compatible with other Kurzweil models and can be connected to any of the IBM or compatible PC's, XT, AT or 386 type computers. Error rate is one of the lowest and the accompanying software is easy to use and offers features not found in other software enabling the user to keep track of scan rates as the scanning progresses. One major advantage of the software is its ability to nlearn" new fonts as they are being scanned. Another advantage is its ability to collate double sided sheets. Cost for the machine has been declining and it is currently available at $3,995.00, plus $350.00 for installation and training from Software Marketing International in Bloomington. The Computer Committee has reviewed the intended purchase and is satisfied with the recommendation. /�f REQUESTED ACTION: Move to authorize purchase of a Kurzweil Model 5 scanner from Software Marketing International of Bloomington in the amount of $3,995.00, plus $350.00 for installation and training for a total price of $4,345.00, funds to come from 1989 Capital Equipment Budget. SH/pmp SCANNER F I R S T P R E L I M I N A R Y D R A F T February 21, 1989 AGREEMENT FOR THE OPERATION AND MANAGEMENT OF MURPHY'S LANDING WHEREAS, THE City of Shakopee, a corporate body politic organized under the laws of the State of Minnesota and herein referred to as The City, owns and controls certain property located within the City of Shakopee and which is commonly known and referred to as"Murphy's Landing"; and WHEREAS, the City of Shakopee desires to enter into an agreement for the operation and management of Murphy's Landing as herein provided for a five (5) year period beginning January 1, 1989; and WHEREAS, the Minnesota Valley Restoration Project,Inc., hereinafter referred to as MVRP, is a corporation organized under the laws of the State of Minnesota with its office in Shakopee, Minnesota, and which has been managing Murphy's Landing for several years including the past year; and WHEREAS, the Scott County Historical Society, a branch of the Minnesota State Historical Society and herein after referred to as SCHS has operated in the County of Scott for many years and has operated Murphy's Landing site for a period of a few years; and WHEREAS, MVRP desires to continue the operation and management of Murphy's Landing for the coming 5 years; and WHEREAS, both parties hereto desire to enter into this Agreement setting forth terms and conditions of the operation and management of Murphy's Landing by MVRP as herein provided and later amended by mutual written consent of the parties hereto. NOW, THEREFORE, IT IS AGREED by and between The City and MVRP as follows: That as and from January 1, 1989 The City hereby contracts and engages MVRP to manage and operate Murphy's Landing as follows: 1. That during the period covered by this agreement MVRP shall make no major changes in the operation of Murphy's Landing except as herein provided nor commit - 1 - the enterprise to significant capital or other contractual obligations without first receiving the written authorization of The City. 2. The Board of MVRP will, as soon as possible, assum°policy making decisions and endeavor to generate grants and donations to MVRP and will delegate the manage- ment to a staff MVRP will assemble and engage as prudent judgment requires. 3. The board will immediately institute a search for and retain the services of a formally trained and experienced museum director. 4. The MVRP will complete a full and detailed inventory of the improvements and structures now on Murphy's Landing site and will also complete a detailed inventory of and location of all artifacts and personal property and include for each item the description, date of acquisition, the purchase cost or appraised value, if donated, and such inventory must distinguish between property and equip- ment used in the operation of the landing and property that would fall within the hdAo 's category of historical treasures and artifacts ( See page 2 of lkanaen's managerial letter of January 27, 1987 addressed to Mr. Dennis R. Kraft, Community Development Director of the City of Shakopee.) 5. MVRP shall report to the City Administrator on at least a monthly basis relative to the on-going operation of Murphy's Landing including a monthly operating statement. 6. MVRP shall obtain liability insurance as well as comprehensive insurance on the structures, contents and artifacts at Murphy's Landing, naming both The City and MVRP as insureds under the terms of such policies. The policies shall be in the amounts and forms as mutually agreed upon between The City and MVRP and will require a minimum of ten-day written of cancellation or termination of the policies and MVRP and The City shall be furnished with current copies of all insurance policies and any subsequent change therein. 7. The City shall be notified of all meetings of the Board of Directors of - 2 - 0 MVRP and The City shall be authorized to have an observer present at any such - meeting. The City shall be supplied copies of minutes, notes and resolutions respecting such Board of Directors meetings and the actions undertaken at such meetings. 8. The MVRP shall invite and request SCHS to name two members of its board to the Board of the MVRP and such membership shall continue during the life of this Agreement and membership shall be replaced as and when required. 9. The City will make its Administrator available as requested on a consulting basis. 10. The City and MVRP will arrange for an annual independent audit to be fin- anced at the expense of and by the City. 11. The City will provide financial support to MVRP in a sum and amount of $ ; the details thereof to be worked out as provided by law in a separate agreement between the parties with the approval of The City's auditors. 12. The City will cooperate with MVRP at all times to the extent of its ability. 13. The SCHS, while not a party hereto, does hereby sign this agreement as an indication of its approval and its willingness to cooperate with the parties hereto without affecting its own operations. 14. Both parties hereto agree to enter into and execute any further documents and agreements necessary or convenient to effectuate the terms and conditions of this Agreement. 15. This Agreement shall be governed by the laws of the State of Minnesota. This Agreement executed as of this day of 1989: by The City and MVRP. - 3 - // P THE CITY OF SHAKOPEE (The City) Ey Acting City Administrator Ey City Clerk MINNESOTA VALLEY RESTORATION PROSECT, INC. (MVRP) Ey President Secretary -Treasurer State of Minnesota ) ) as County of Scott ) The foregoing was acknowledged before me this day of 19E by I and the Mayor, Acting City Administrator and City Clerk respectively, of the City of Shakopee , a municipal corporation under the Laws of the State of Minnesota, on behalf of the City of Shakopee. State of Minnesota) ) as County of Scott ) The foregoing was acknowledged before me this day of , 1989, by and the President and Secretary -Treasurer of the Minnesota Valley Restoration Project, INc. (MVRP), a corporation under the Laws of the State of Minnesota, on behalf of MVRP. - 4 - The Scott County Historical Society (SCHS) acknowledges receipt of the above agreement and by its signature indicates its approval of the agreement and its stated purposes this day of 1989. SCOTT COUNTY HISTORICAL SOCIETY (SCHS) By President By Secretary STATE OF MINNESOTA ) ) as COUNTY OF SCOTT ) The foregoing was acknowledged before me this day of 1989, the President and Secretary respectively, of the Scott County Historical Society (SCHS), a corporation under the Laws of the State of Minensota, on behalf of SCHS. /3cz, MEMO TO: Dennis Kraft, Acting City Administrator FROM: Dave Hutton, City Engineep SUBJECT: Meeting with Commissioner Levine on February 22, 1989 DATE: February 17, 1989 1 received a phone call from Mn/DOT today requesting that I be in attendance at a meeting on February 22, 1989 with Commissioner Levine and all District 5 City Engineers. At that time all the City Engineers are being requested to submit their specific concerns to the Commissioner regarding transportation issues and specific projects. If Council has any specific concerns they would like me to submit to Commissioner Levine, they should inform me of them at this time. Staff has reviewed Commissioner Levine's request and have developed several concerns as it relates to the City of Shakopee, as follows: The current proposal for Mn/DOT is to pave only two lanes of the Shakopee Bypass initially, due to funding restrictions, with the other two lanes scheduled for paving at a later date. If additional funding becomes available at the time construction is occurring, Mn/DOT has stated they would consider all four lanes at once. Staff feels that the City of Shakopee's position should be to continue to request that Mn/DOT seriously consider paving all four lanes during the same year. Staff is concerned about the County Road 18 funding and possible construction schedule. The main concern is that the Shakopee Bypass design is considerably farther along than the County Road 18 design. There are already provisions for an interchange at this point in the Shakopee Bypass design. The County is proposing a much larger "grandiose" interchange at County Road 18 and the Shakopee Bypass. Depending on the timing of both projects the staff is concerned that the interchange design may delay the Shakopee Bypass, if the ultimate interchange is the one that Mn/DOT approves. We feel that this concern should be passed on to Commissioner Levine. If Council has additional concerns regarding transportation issues, they should inform staff of them at this time. DH/pmp ISSUES MEMO TO: Shakopee City Council �� FROM: Dennis R. Kraft, Acting City Administrator RE: Scottland Companies Filing for Chapter 11 DATE: February 17, 1989 The attached press release will go out at 4 P.M. today (Friday) indicating that the Scottland Companies will be filing under Chapter 11 of the federal bankruptcy law. This filing does not include Canterbury Downs and two or three other related companies. This is being sent to the City Council for informational purposes only. No action is requested. February 17, 1989 Contact: Michael F. Cleary (612) 937-3501 SCOTTLAND, INC. AND SUBSIDIARIES FILE PETITIONS FOR FINANCIAL REORGANIZATION Minneapolis, MN -- Scottland Inc., (Scottland) a Minnesota corporation formed in 1969 and engaged primarily in the management and development of real estate in Scott and Dakota counties, filed a Chapter 11 reorganization petition today with the U.S. Bankruptcy Court, District of Minnesota. A Chapter 11 petition provides for court protection from creditors while the business is being reorganized. Scottland is publically held but its stock is not listed or traded at this time. Chapter 11 reorganization petitions were also filed for certain of Scottland's subsidiaries and partnerships including: Greenhaven of Burnsville Limited Partnership, the owner and developer of the Greenhaven Village residential complex in Burnsville and Greenhaven Village apartments of Burnsville Phase I and Phase II Limited Partnerships, Minnesota limited partnerships which own The Observatory Apartments in Burnsville, MN. These petitions follow the filing on February 6, 1989 of a involuntary Chapter 11 petition against Scottland Hotels Inc., a subsidiary of Scottland Inc., by four of the hotel's equipment lessors. Scottland Hotels is the owner of the 176 room Canterbury Inn which opened in 1986 in Shakopee, MN. The Company has hired Burton W. Merical, who specializes in turn- around situations, to serve as its President and Chief Operating Officer reporting to the Board of Directors. Mr. Merical has assisted several companies through bankruptcy reorganizations including Endotronics, Inc., K -Tel International, Inc, and Intran Corporation. Company officials said the move was taken at this time to allow the Scottland Companies to develop plans to stabilize operations and improve cash flow. JULIUS A.COLLER,H uIUS .CULLER ATronY AT LAW ws-etas ie E se -�s.o �� Res. .ozRue eiz SNAHOPEE• MINNESOTA 68379 February 21, 1989 0 TO: Shakopee City Council FROM: Julius A. Coller, II, City Attorney INRE: Grant to Murphy's Landing Inquiry has been made as to the legality of a $50,000 grant to Murphy's Landing and, if legal, how it should be handled. Murphy's Landing is owned by the City of Shakopee and any reasonable grant for its benefit is within the powers of the City Council. The purpose for the grant is to enable MVRP to operate the site for the City and its visitors. The grant could be treated as a payment towards such services and can be made directly to MVRP which is the party operating the site and is a legal non—profit corporation. This particular payment need not be funnelled through any other group. The Council, if desiring to make a grant, should pass a resolution determining the amount, how it is to be paid and stating that the amount is reasonable.